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LISA MADIGAN Looking for a Home Loan?

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LISA MADIGAN Looking for a Home Loan? PREDATORY LENDING - RED FLAGS A Message from ILLINOIS ATTORNEY GENERAL Excessive Fees Lisa Madigan Look out for excessive and/or unnecessary fees. Loan fees should be no more than 3% (e.g., $3,000 on a loan of $100,000). Fees over 5% of the loan amount are Obtaining a mortgage is likely one excessive. Ask your broker or lender to show you an of the most significant financial LISA MADIGAN itemization of the loan amount with all fees explained. decisions you will make in your lifetime. Asking the right ques- ILLINOIS ATTORNEY GENERAL Excessive Mortgage Broker Compensation (Yield tions before you choose a loan Spread Premiums) can mean the difference between If you are dealing with a mortgage broker, find out how the broker will be paid. Sometimes brokers receive extra obtaining a loan you can afford To obtain more information about predatory compensation from lenders called the "yield spread pre- and losing your home to foreclo- lending or to file a consumer complaint against a mium." This is extra pay the mortgage broker collects sure. predatory lender, contact the Illinois Attorney from the lender for signing the borrower to a loan with General's Office. a higher interest rate than the borrower deserves. With the expansion of the mortgage marketplace over the past few years and the creation of new Excessive Prepayment Penalties products and programs, it is important to understand Consumer Fraud Hotlines Find out whether your mortgage includes a prepayment the terms of the loans being offered to you so you penalty. If it does, find out how much it is and how can make informed choices. Chicago long it will be in place. You want to give yourself the 1-800-386-5438 option to refinance for better loan terms or pay your If you are thinking about getting a mortgage loan, I TTY: 1-800-964-3013 loan early without having to pay an excessive fee. urge you to take the time to learn about your options. If you need help, you should contact a local HUD- Springfield Equity Stripping approved housing counseling agency. The counselors 1-800-243-0618 ©neighborhoods.chicago.il.us Look out if a lender bases the decision to give you a offer a variety of services free of charge to eligible TTY: 1-877-844-5461 mortgage on the equity you have in your home instead borrowers who are shopping for a first mortgage or a of your income. A predatory lender may loan more home improvement loan, are behind in their mort- Carbondale Looking for a than you can pay every month and wait for you to gage payments, or wish to refinance an excessively 1-800-243-0607 default on your loan. The predatory lender can then high-cost loan. TTY: 1-877-675-9339 foreclose on your house and strip you of your equity! Home Loan? A list of HUD-approved housing counseling agencies Loan Flipping www.IllinoisAttorneyGeneral.gov Look out if you have been making your payments and a in your area can be found at www.hud.gov or on my How to Avoid broker or lender encourages you to refinance for any Web site at www.illinoisattorneygeneral.gov. reason. Each time the loan is refinanced, the lender Predatory Mortgage charges fees that increase the amount you owe. Lending and Get a Misstated Income Loan You Can Afford. Look out if the broker or lender changes any of the income information you provided. The lender may sug- Lisa Madigan gest that you could qualify for a higher loan amount by Illinois Attorney General including income on your loan application that doesn't exist, or by inflating your income on the loan applica- tion. This practice is problematic because it qualifies you for a loan your income may not support. hat is Predatory Mortgage Lending? What is the full term of the Do the monthly mortgage pay- your loan's closing costs—your lender is required W A predatory mortgage is a needlessly 22 mortgage loan? 44 ments include property taxes and by law to give you one within three days of tak- expensive home loan that provides no financial Loan terms are generally 15, 20, 30, or 40 years. property insurance? ing your loan application. Ask if they'll guarantee benefit to the borrower in return for the extra The longer the term, the more you will pay in When the lender tells you the “monthly principal it in writing and whether the extra fees are nego- costs. In many cases, homeowners are deceived interest over the full term of the loan. Some and interest” payment, it does not include the tiable. about the loan's true costs and terms or are pres- loans are structured so that you do not com- amount you need to pay every month for prop- sured into signing loans they cannot afford. pletely pay them off during the term of the loan. erty taxes and insurance. All mortgage loans How much money is the mortgage Many of these homeowners lose their homes to With this type of loan, you are obligated to pay contain a requirement that the borrower pay 77 broker being paid in connection foreclosure. off the remaining balance, or balloon payment, property taxes and insurance. If the monthly with my loan? If you're in the market for a home loan, here are at the end of the loan term. Beware of mort- payment that your lender quotes does not Mortgage brokers are paid for helping a borrow- some questions you should ask and common gages containing balloon payments! If you do include a portion for property taxes and insur- er obtain a loan from a lender. A reasonable predatory lending practices of which you should not have the funds or the ability to refinance the ance, you need to add in those costs to deter- compensation for this service is 2% of the loan be aware. The information in this brochure is by balloon payment, you could lose your property mine your total monthly housing payment. amount (e.g., $2,000 on a $100,000 loan). The no means complete. Always have an attorney to foreclosure. Beware: Unscrupulous brokers or lenders will mortgage broker may also get a "yield spread review all loan documents before you sign them. quote a low monthly payment and fail to include premium" from the lender. This is a bonus the If you cannot afford an attorney, you should How much will my total monthly the cost of property taxes and insurance when broker receives from the lender when the broker bring all of your loan documents to a HUD- 33 mortgage payment be? How is this describing what the monthly payment will be. places you in a mortgage at a higher interest rate certified housing counseling agency for review. payment divided between interest and than you deserve. When this happens, the mort- Resource guides to housing counseling agencies principal for the term of the loan? Is the interest rate on the loan gage broker is being paid twice: the borrower in the Chicago area and downstate Illinois are You need to know your total monthly payment 55 "fixed" or "adjustable"? pays a loan origination fee, and the lender pays a available on our Web site, www.illinoisattorney- amount to decide whether you can afford a par- The rate can be a "fixed rate," meaning that it yield spread premium. You should be sure that general.gov, or by calling 1-800-386-5438. ticular loan. Just because a lender says you quali- remains the same throughout the entire term of your broker is not collecting excessive fees from fy for a certain loan amount does not mean that the loan. There are also variable or adjustable your loan transaction. What is the mortgage loan amount? loan would be affordable. Some loan products rate mortgage (ARM) loans where the interest 11The mortgage loan amount is the amount of offer "teaser rates"—low interest rates for a rate can change during the loan term. Often, an Does the loan contain a prepay- money you are borrowing. When buying a home, short period that later increase, resulting in sig- ARM offers a lower interest rate at the beginning 88 ment penalty? this amount is usually the price of the home plus nificantly higher monthly payments. Other loans of the loan term, which results in a lower A prepayment penalty is a fee you will be any fees and minus your down payment. If you allow borrowers to choose among several monthly payment. However, the interest rate charged if you pay off your loan early. Often, a are refinancing, the amount of your refinance monthly payment options during the loan term, will almost always increase, and you will then lender charges a prepayment penalty in exchange loan should be the payoff of your current mort- but some of these payment amounts may be too have a higher monthly payment that you may not for offering you a lower interest rate. If your gage plus any fees. A refinance loan could also small to cover the interest or to pay down the be able to afford. loan has a prepayment penalty, you should ask include any other debt you are paying off with amount owed on the loan. This means that, over your lender what the difference would be in the your home loan or cash you receive at closing. time, you will actually owe more money to the What are the closing costs of the interest rate you would receive on the loan with You should be cautious when deciding whether lender than you owed at the start, even after 66 loan and to whom are they paid? and without a prepayment penalty.
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