Sunday, May 15, 2011

What Is The Alienation Clause In A Mortgage Loan?

An alienation clause in a mortgage e contract gives the lender certain stated rights when there is a transfer of ownership in the property. It may also be referred to as a due on sale clause. This is designed to limit the debtor's right to transfer property without they creditor's permission. Depending on the actual wording of the clause, alienation may be triggered by a transfer of title, by transfer of a significant interest in the property, or even by abandonment of the property. Transfer of a significant interest can be construed as an obvious long-term lease, but often is also interpreted to cover a lease with option to buy or a land contract.

On sale or transfer of a significant interest in the property, the lender will often have the right to accele rate the debt, change the interest rate, or charge a hefty assumption fee. Adjustable rate mortgage loans seldom have an alienation clause that calls for an interest rate change since the rate can already be adjusted under the original contract. An ARM loan may have other alienation provisions, however, such as an assumption fee. The lender may choose which, if any, options stated in the contract it chooses to enforce. This is true for most conventional loans. Although FHA and VA loans cannot, technically, have alienation clauses, they still attempt to restrict transfers in other ways, such as by reserving the right to approve a new debtor who will take over an FHA or VA loan.

For conventional loans, states tried to restrict enforcement of due on sale clauses. But in the 1982 landmark U.S. Supreme Court case of Fidelity Savings and loan v. De La Cuesta, ET. Al., the Court ruled that federally chartered S & Ls could follow federal Office of Thrift Supervision rules allowing due on sale clauses, instead of following state laws that attempted to limit this right. Later that same year, the U.S. Congress passed the Deposit Insurance Flexibility Act extending this right of pre-emption of state laws limiting due on sale clauses so all lenders can now enforce due on sale clauses.

This law has led to a new problem that has yet to be addressed adequately. Lenders often have aalienation clouse clauses and prepayment clauses in contract. Essentially, the lender could collect additional fees or penalties twice, once under the provisions of each clause. Several rules or regulations have been proposed that would eliminate this problem by forcing lenders to choose to enforce one or the other of these clauses, but no new rules have yet been enacted. Of course, with increased competition in the home mortgage market, lenders do not have free reign to charge exorbitant fees. It is important, nevertheless, for buyers and sellers (and others) to be aware that this situation may exist.

Tuesday, May 10, 2011

Basic Mortgage Comparison Tips And Tricks

Assuming the day has finally arrived and you want buy your dream home. The odds are quite high that you do not have the whole amount required to finance the purchase in full. Rather, just like purchasing an auto mobile, you would probably opt to put up a small percentage down, and then make monthly payments towards the remaining amount. This is what is known as a mortgage loan .

Just like with any other purchase, comparison shopping is the key when it comes to financing your dream home. The wide gamut of terms and conditions associated with different categories of mortgage plans can be very nerve-racking, a situation that may leave most home buyers unsure of how to approach the process.

In order to get the best possible loan, you will need to use a comparison strategy that addresses key points including the interest rate, the tenure, the terms and conditions, and any other applicable fees,

The interest rate is the first point of comparison. Always get a rate that would be in your best interest. Mortgage loans could have variable or fixed rates that are subject to changes over the loan tenure. By projecting the course in which the economy is likely to take over the tenure, you can be able to decide on the best type of interest rate. A fixed rate is one that remains 'fixed' till the loan comes to maturity while a variable or adjustable rate is one which fluctuates with the changing economic times.

The loan term is the other aspect of the comparison process you should focus on. You should identify the most preferred term of your loan. mortgages typically come written for tenures of 15, 20, 25, or 30 years. The best tenure will always be determined by your income level, and the amount of interest that each offer attracts.

As is therefore expected, a 30-year credit will attract lower payments than its 15-year counterpart, but the buyer will not experience much savings as they would have with the 15-year credit. The idea here therefore is to ensure that the monthly payments you make are reasonable enough in comparison to your net income. This way, you will see to it that the balance left will be able to cater to other financial obligations without affecting your payment schedule.

It could be tempting to stop your comparison shopping the moment you find the ideal rate and term, but it is advisable you delve deeper into what the contract of the loan provides and consider other equally important things such as applicable fees. For instance, should you opt for bi-weekly or weekly payments; you may incur processing fees which may negate the gains you make from the low interest rate.

The idea here is to account for all applicable fees and have a rough estimate of just how much you will end up paying once the deal is done. In some situations, you may discover that opting for an arrangement that otherwise seems to carry a somewhat higher rate but has no applicable fees could actually be much cheaper in the long run.

Tag : mortgage ,mortgage comparison ,tips ,tricks