Since the original filing of a lawsuit about the extinguishment of a priority lien tied to the loan portfolio collateral of Reverse Mortgage Funding (RMF), Texas Capital Bank (TCB) has argued in court that it was given verbal assurances from high-ranking officials at Ginnie Mae and the Federal Housing Administration (FHA) that its interests would be protected.
But government attorneys representing Ginnie Mae (GNMA) say that it doesn’t matter whether or not such verbal promises were made. The defense is arguing in the U.S. District Court for the Northern District of Texas that verbal agreements are not legally binding and the case should be dismissed, according to court filings reviewed by RMD.
In addition to denying that any such promises were made, attorneys for the government argue they are immaterial, saying that “even if such promises occurred, such promises would have no legal effect.”
New government filing
In addition to the contention that verbal assurances have no impact on their agreement, government attorneys contend that neither the Administrative Procedure Act or the Federal Tort Claims Act “provides a mechanism to expand TCB’s rights beyond those provided in its contracts.”
Instead, TCB must rely primarily on the executed agreement for any legal remedies, “and its agreement expressly preserves GNMA’s rights, including the right to extinguish RMF’s entire interest in the mortgages, which applies to TCB’s derivate interest in the Tails,” the filing reads.
Attorneys for the U.S. government have repeatedly requested for the claims to be dismissed.
The expressed authority to allow Ginnie Mae to extinguish RMF’s participation in the Home Equity Conversion Mortgage (HECM) and HECM-backed Securities (HMBS) programs was also not targeted at TCB, the government stated.
“Extinguishing RMF’s interest in the HECMs also eliminated TCB’s interest in the HECM Tails, because TCB’s interest derived entirely from RMF’s, which the Tail Agreement itself recognizes,” the filing reads.
TCB claims that Ginnie Mae had waived its extinguishment rights in the relevant agreement, which the government characterizes as inaccurate.
The government also explained that TCB endured interference with its property rights on the liens it maintained over RMF’s collateral. But since “GNMA had the right to extinguish RMF’s interests pledged as collateral to TCB,” the bank “fails to state a claim,” the government stated.
TCB claims
In a February court filing responding to the government’s initial motion to dismiss, TCB said it recognized that Ginnie Mae was within its rights to “extinguish RMF’s mortgage servicing rights.” But TCB also claims that Ginnie Mae did not specify the impact this would have on the liens that the bank had a vested interest in, its attorneys said.
“But months later, Ginnie Mae took the radical step of announcing that its extinguishment of RMF’s servicing rights had also purportedly extinguished TCB’s lien — a striking collateral grab unsupported by the statute and contrary to Ginnie Mae’s prior dealings with TCB, basic fairness, and common sense,” the February filing reads.
TCB also claims that “Ginnie Mae lacked statutory authority to extinguish TCB’s interest in its collateral, which was not only separate from the servicing rights but also subject to no contract between TCB and Ginnie Mae.”
Part of TCB’s claim rests on the verbal assurances it allegedly received from both the president of Ginnie Mae and the FHA Commissioner, which the government challenges as immaterial to the executed agreement.
A judgment is an order issued by a judge or jury to settle a lawsuit. This decision details the rights, responsibilities, and obligations of each party. For example, if you fail to pay a debt, the lender can take you to court. In this case, the judge may order you to pay the other party as part of the court’s final judgment.
The order can be issued in one of two forms:
A monetary judgment: A judgment that orders one party to pay the other party a specific amount of money.
A nonmonetary judgment: A judgment that involves a nonmonetary type of resolution, such as the exchange of property or services. For example, a contractor may be ordered to complete a service for a client.
There are several classifications for judgments, including:
In personam: This is the most common civil judgment classification. It occurs when one party is liable to another.
In rem: Rather than involving personal liability, in rem judgments hold liability over a specific item, such as property.
Quasi in rem: Quasi in rem judgments consider the legal rights of individuals and not necessarily all parties involved.
Ultimately, if you don’t pay a debt, the lender or bill collector can file a lawsuit against you to recoup the money. The judge or jury determines if and how much money you owe. These terms are laid out in the final judgment.
What Is a Judgment on Property?
Your property includes both physical items and money. That means judgment creditors can seek debt payment from more than your wages and bank accounts. They may also take back a car you financed or other personal property. Another option is placing a lien on some of your property, such as your home.
What Property Can Be Taken to Settle a Judgment?
Creditors must follow the law when applying a judgment to take, or seize, your property. Some things are exempt—which means they can’t touch those items or properties. Some examples include the home you live in, the furnishings inside it, and your clothes. State laws identify these items and set limits based on their value.
Non-exempt property can be taken to help meet a judgment debt. Your creditor can take or leverage these possessions in the following ways:
Wage attachments. This is known as wage garnishment. When your employer receives the proper legal notice, they must withhold a percentage of your wages. These payments are sent to the judgment creditor until your debt is paid. The Consumer Credit Protection Act caps these types of garnishments. The limit is 25% of your disposable weekly wages or the amount you earn that’s above 30 times the minimum wage. The lessor of these two amounts applies. Some states set the cap even lower.
Nonwage garnishment. If you’re retired, unemployed, or self-employed, your bank account may be garnished instead. Here, too, there are exemptions. Veterans payments, social security, and disability benefits are not eligible for nonwage garnishment. Some states add even more restrictions to the garnishment of bank funds.
Property liens. If you own real estate, your judgment creditor may file a legal claim against it. These liens notify lenders of the creditor’s rights to your property. That way, if you sell your real property, the debt must be paid out of the proceeds. In many states, liens are placed automatically when a judgment is entered.
Property levies. Judgments may also allow some of your non-exempt personal property to be taken through a levy. Law enforcement may seize things like valuable collections or jewelry to be sold at auction. Sales proceeds are applied to your debt.
What Are the Types of Judgments?
Judgments come in many forms. Below is a look at the five types of judgments.
Satisfied judgment: A satisfied judgment means the debt is settled. This doesn’t necessarily mean you have paid the debt in full. It could mean there’s a new payment arrangement and you’re making regular payments.
Unsatisfied Judgment: An unsatisfied judgment means the debt is not settled yet. You’re expected to follow the court order and make payments on the outstanding debt. Until you make your final payment or come to another agreement with the other party, it will remain an unsatisfied judgment.
Vacated Judgment: If you don’t agree with the court’s initial judgment, you have the right to appeal that decision. If the judge decides to dismiss the case, the initial order becomes a vacated judgment.
Summary Judgment: If both parties agree to the basic facts of the case, either party may request to skip the trial and go straight to a summary judgment. The judge issues this final judgment without going through the process of holding a trial.
Renewed Judgment: Some states allow creditors to seek a new judgment for specific reasons. If this happens, the judge may issue a renewed judgment. This judgment may void the initial judgment or serve as an additional order.
Three Ways of Getting a Judgment
There are several ways a civil judgment can be determined.
1. Judgment After Trial
As the name suggests, a judgment after trial is a decision that occurs only after a trial. Once the judge or jury hears all the evidence and makes a final decision, the judge issues a formal judgment in the case.
2. Consent Judgment
A consent judgment occurs when both parties negotiate a final settlement. The judge must approve this final agreement, which is done by issuing a formal consent judgment.
3. Default Judgment
A default judgment occurs when the defendant fails to respond to a summons and complaint. In this case, the judge issues a default judgment in favor of the plaintiff without hearing any evidence from the defendant.
Can Judgments Affect Your Credit?
Judgments can’t directly impact your credit because the details of these orders aren’t part of your credit report. However, it’s likely that issues leading up to the final judgment could affect your credit. For example, your payment history can remain on your credit report for up to seven years. If you have any missing or late payments that led to the judgment, this history can impact your credit score.
A judgment could also have a positive effect on your credit. For example, once the debt is paid, the account balance should change to zero on your credit report. This could help lower the amount of debt you owe, which could impact your credit utilization rate.
Once the judge issues a judgment, you can use Credit.com’s Free Credit Score service to see if it had any effect on your score. As you work to rebuild your credit, you can enroll in Credit.com’s ExtraCredit® program to monitor your credit score over time.
What Is a Judgment on a Credit Report?
Judgments aren’t reported on your credit report and don’t directly impact your credit score. However, judgments are public records, so lenders could still have access to this information. This could affect your ability to secure credit in the future.
What Happens After a Judgment Is Entered Against You?
Once the judge enters a judgment, both parties must abide by the order. For example, you must pay the amount of money ordered by the judge, and the creditor must mark the account paid in full once payment is made. If you can’t pay the amount all at once, you may be able to set up a payment arrangement. You’re legally obligated to make these payments.
What Happens After a Judgment Is Entered Against You?
The court enters a judgment against you if your creditor wins their claim or you fail to show up to court. You should receive a notice of the judgment entry in the mail. The judgment creditor can then use that court judgment to try to collect money from you. Common methods include wage garnishment, property attachments, and property liens.
State laws determine how much money and what types of property a judgment creditor can collect from you. These laws vary. So, you need to look to your own state for the rules that apply. A consumer law attorney can help you understand your state’s laws on judgment collections.
What Is the Difference Between a Civil Judgment and a Criminal Judgment?
There’s a major difference between civil court and criminal court.
A civil court typically involves disputes between two parties. For instance, it could involve a case between two individuals, two organizations, or one organization and one individual. These cases often pertain to a breach of contract, an unsettled debt or a lack of services.
Unless both parties agree to the facts of the case, the judge gives each party the opportunity to present evidence. For example, if a debt collector takes you to civil court for an unpaid bill, you can provide evidence of any payments you made. After hearing the evidence, the judge issues a final judgment, known as a civil judgment.
On the other hand, criminal court involves someone accused of breaking the law. The federal, state, or local government charges the accused party. If, after holding a trial, the defendant is found guilty or the defendant pleads guilty prior to the trial, the judge issues a criminal judgment. A sentence is issued later, which could include jail time or some other form of punishment.
What Can You Do to Avoid a Judgment?
Heading off a lawsuit is the best way to avoid a judgment. To do so, don’t ignore calls and correspondence from your creditor. Reach out to learn if they’ll accept suitable payment arrangements. Educate yourself on smart ways to pay debt collectors, and consider using the services of a debt management agency.
What if the loan company or debt collector has already started the lawsuit? Don’t skip court. Show up and fight. You may win if the statute of limitations has expired.
If you haven’t made a payment on an old debt for many years, you may have a successful legal defense. Most states set the time frame between four to six years. Collectors often still file suit because they win by default if you don’t show up. So, it’s important that you go to court with proof of your last date of payment.
If you successfully defeat or avoid a judgment, don’t stop there. Take some sensible steps to help you get out of and stay out of debt. Adopting these smart financial habits can also help prevent future judgment actions.
Additional FAQs about Judgments
How Long Can the Judgment Creditor Pursue Payment?
The answer depends on where you live, since state laws differ. Some states limit collection efforts to five to seven years. Others allow creditors to pursue repayment for more than 20 years. With the right to renew a judgment over and over in many states, it may last indefinitely.
Judgment renewals may be repeated as often as desired or limited to two or three times. This is another state-specific issue. Judgments can also lapse or become dormant. The creditor must then act within a specific time frame to revive it.
What Happens When You Can’t Pay a Judgment Filed Against You?
If you own a limited amount of property, it may all be exempt from judgment collection efforts. Also, you may not work or only work part-time. With the CCPA cap, that may mean you don’t earn enough for garnishment.
This inability to pay your debt is called being judgment proof, collection proof, or execution proof. While these circumstances exist, the judgment creditor has no legal way to collect on the debt. It’s not a permanent solution. The creditor may revisit collection efforts periodically for many years.
For a more permanent solution, you may want to consider filing bankruptcy. This process can discharge or eliminate most civil judgments for unpaid debt. Exceptions apply for things like child support, spousal support, student loans, and some property liens. Speak with a bankruptcy lawyer to learn whether this will help your situation.
Can You Settle a Judgment?
If you can afford to pay a decent lump sum, you may be able to negotiate a settlement. The judgment creditor may be willing to settle if they fear you will otherwise file bankruptcy. Get the terms and settlement amount you agree upon in writing. Be sure the creditor agrees to file a satisfaction of judgment with the court after they receive your pay off.
Can a Judgment Be Challenged or Reversed?
Challenging and overturning a judgment is difficult but not always impossible. This is the case if there were errors. Perhaps you weren’t notified of the suit or it was never your debt to begin with. Consult with an attorney to find out whether you have grounds to challenge the decision.
If you want to challenge a judgment, act fast. If you received prior notice of the case, you may have up to six months to reopen it. If you weren’t notified, you likely have up to two years to appeal. By reopening the case, you have the opportunity to fight the claim anew.
Do Credit Reports Still Include Judgments?
For many years, credit reports included judgment information. But that changed in 2017. The National Consumer Assistance Plan is responsible for creating more accurate credit data requirements. These changes resulted in the removal of civil debt judgments from credit reports.
Judgments are still a matter of public record. But the NCAP now requires that there be identifying information on these records for more accuracy. That data includes a social security number or date of birth along with the consumer’s name and address.
Public records cannot include this type of identifying information. It would violate privacy laws. This is the reason these judgments are no longer reported on credit files.
How Do You Find Out if You Have Any Judgments Against You?
You should receive a summons when you’re being sued. So, you can expect a default judgment will follow if you don’t show up in court. You can also expect a notification when a judgment is entered against you.
Mistakes happen, though. You may have missed the notice or moved to a new address. If that happens, you may not learn of the judgment until collection actions start.
What if You Find a Judgment on Your Credit Report?
Take action if you learn that judgments are still being reported by Equifax, Experian, or Trans Union. The NCAP eliminated this practice, so if there’s a judgment on your report, this is definitely something that you should dispute. Credit repair services, like Lexington Law Firm*, can help you challenge the errors on your behalf with the credit bureaus and request that they correct your report.
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Disclosure: Credit.com and CreditRepair.com are both owned by the same company, Progrexion Holdings Inc. John C Heath, Attorney at Law, PC, d/b/a Lexington Law Firm is an independent law firm that uses Progrexion as a provider of business and administrative services.
Roughly 24 hours after filing an objection to the U.S. government’s motion to stop the gathering of evidence in a case against Ginnie Mae, Texas Capital Bank (TCB) responded to the government’s attempt to dismiss the entirety of the bank’s complaint.
The case stems from Ginnie Mae’s extinguishment of Reverse Mortgage Funding (RMF) from its reverse mortgage-backed securities program.
TCB claims that it dealt with Ginnie Mae in good faith, having lent “millions of dollars in much-needed financing to help the collapsing [RMF] continue making payments to senior citizens as part of a mortgage program critical to the federal government.”
TCB’s “protection for those loans was a lien on certain collateral,” its attorneys state, and “Ginnie Mae — up to and including Ginnie Mae President Alanna McCargo — assured TCB that the collateral would be a source for repayment.”
‘Impermissible and wrong’
In its filing, TCB recognizes that Ginnie Mae was within its rights to “extinguish RMF’s mortgage servicing rights” but claims that Ginnie Mae did not specify the impact such a move would have on the liens that the bank had a vested interest in, its attorneys said.
“But months later, Ginnie Mae took the radical step of announcing that its extinguishment of RMF’s servicing rights had also purportedly extinguished TCB’s lien — a striking collateral grab unsupported by the statute and contrary to Ginnie Mae’s prior dealings with TCB, basic fairness, and common sense,” the filing reads.
TCB also claims that the FHA Commissioner “has stated that Ginnie Mae’s brazen action is impermissible and wrong.” As stated in their original complaint, they allege that Ginnie Mae’s actions are in violation of the Administrative Procedures Act (APA), “creates liability for promissory estoppel given the agency’s stark breach of its word” and also “constitutes tortious interference with property rights.”
The bank’s attorneys go on to claim that the government’s motion to entirely dismiss the complaint “does not come close” to establishing that TCB’s claims “fail on the face of the complaint,” and that “the Government’s motion focuses almost entirely on Ginnie Mae’s authority to extinguish RMF’s interests in the mortgage-servicing rights pursuant to a contract between Ginnie Mae and RMF.”
Alleged promises by Ginnie Mae
That contention, however, does “nothing to undermine TCB’s claim that Ginnie Mae lacked statutory authority to extinguish TCB’s interest in its collateral, which was not only separate from the servicing rights but also subject to no contract between TCB and Ginnie Mae,” the filing reads.
In other words, the government motion only addresses Ginnie Mae’s authority to act against a participant in its reverse mortgage securities program, and not against the separate interest that the bank maintained over the lender’s collateral.
The bank also claims that the government’s motion does not adequately address promises made by Ginnie Mae officials and the impact those promises had on the operations of the bank, attorneys said.
“At minimum, factual disputes on critical questions, from the nature of TCB’s property interest to the commitments exchanged by the parties, preclude dismissal on the pleadings alone,” the filing reads. “The Government’s motion should accordingly be denied.”
Recounting history
TCB began its relationship with RMF in 2015 by “financing […] to enable RMF to fund and operate its business — including funding for RMF’s operations involving tails,” the filing states.
“Ginnie Mae was involved in and expressly consented to various transactions between TCB and RMF,” and “also contracted with other RMF lenders, including Leadenhall Life Insurance Linked Investments Fund PLC (“LCP”). But Ginnie Mae has never sought to contract with TCB itself regarding TCB’s transactions with RMF.”
Shortly after RMF declared bankruptcy in November 2022, the lender failed to make required payments to its borrowers, resulting in Ginnie Mae reaching out to TCB, the filing reads.
“Ginnie Mae was deeply concerned about the impact of these non-payments on senior-citizen borrowers,” TCB attorneys stated. “Ginnie Mae accordingly implored TCB to lend money to RMF. But TCB was hesitant to lend money to a bankrupt company. Specifically, TCB was concerned that if Ginnie Mae seized RMF’s [mortgage servicing rights], TCB would face delays in being repaid.”
In the end, “the most senior representatives of Ginnie Mae and FHA provided commitments to TCB that the Government would provide TCB with adequate support to ensure TCB was repaid if the Government seized RMF’s MSRs.” The defendants restated assurances given by Ginnie Mae President Alanna McCargo, FHA Commissioner Julia Gordon and Ginnie Mae chief operating officer Sam Valverde, which are supported by a sworn declaration from the bank’s president of mortgage finance.
In March 2023, months after Ginnie Mae had seized control of RMF’s servicing portfolio, the company “suddenly and without warning expressed the startling position that its seizure of RMF’s servicing rights in certain mortgages months earlier had, unbeknownst to anyone at the time, resulted in the extinguishment of TCB’s security interest in the tails,” TCB attorneys state.
“TCB repeatedly reached out to the Government in an effort to resolve the foregoing issues without the need for litigation, but the Government summarily rejected all of those efforts and refused even to schedule a meeting to discuss them. TCB was thus left with no alternative but to file this action,” the bank concluded.
Ginnie Mae’s position
In its January filing responding to the TCB complaint, government attorneys claimed that by Ginnie Mae exercising its authority to extinguish RMF’s interest, the company “necessarily eliminated TCB’s interest as well,” attorneys for the government explained in its court filing. “By law, the mortgages were the ‘absolute property’ of GNMA.”
Government attorneys went on to say that TCB “ignores that each of the relevant authorities” underpinning the core elements of the dispute corroborate that Ginnie Mae “had a right in the event of default to extinguish the issuer’s interest in the mortgages and related interests,” including Ginnie Mae’s charter statute, implementing regulations, RMF’s contracts with both Ginnie Mae and TCB, and bankruptcy court orders.
A magistrate judge overseeing the case has set a series of pretrial deadlines that extend into 2025. Because of that, it is possible that government officials currently in leadership positions at Ginnie Mae and the U.S. Department of Housing and Urban Development (HUD) may not be in office should the suit progress to trial sometime next year.
November’s presidential election could bring a new administration in January 2025, and thus new decision-makers at these agencies by the time the deadlines arrive.
Selling your house is often one of the largest financial transactions you’ll make in your life. It can be complex and emotionally challenging, especially if it’s your first time dealing with a home sale or if the house is full of family memories.
Despite these challenges, millions of people successfully sell their homes each year. The process is well-trodden, but each sale has its unique circumstances and can come with many curveballs.
Whether you’re downsizing, upgrading, relocating, or just ready for a change, selling your house is a big step. The task might seem daunting, but remember, you’re not alone. Many resources can guide you through this process, providing advice and support along the way.
This guide aims to simplify the process and provide you with step-by-step instructions to help sell your house.
From setting your objectives to finally handing over the keys, we’ll walk you through each stage. We will address common challenges and offer expert insights to ensure you’re well-prepared for the journey ahead. Our goal is to help you sell your house at the best possible price within your desired timeline, while minimizing stress and maximizing satisfaction.
Understand Your Selling Objectives
The first step in any successful real estate transaction is understanding your motivations and objectives for selling. Be clear about your goals and timeline to create a selling strategy that will get you the price you want for your home within the timeframe desired.
Why are you selling?
Your motivations for selling might be tied to lifestyle changes, financial circumstances, or relocation for work. Perhaps you’ve outgrown your current house, or maybe it’s become too big after the kids have moved out. You might need to relocate for a new job or prefer a change in scenery as you approach retirement. By identifying your reasons for selling, you’ll have a clearer idea of what you want to achieve with the sale.
What’s your timeline?
Your timeline can significantly influence your selling strategy. If you’re in a rush due to reasons like a job relocation or closing on another home, you may have to price your property more competitively to attract a faster sale. However, if you have the luxury of time, you can afford to be patient and wait for an offer that matches your ideal price.
Evaluate Your Financial Position
Understanding your financial situation is essential in the home-selling process. A realistic view of your finances will help you make informed decisions, particularly in setting a reasonable asking price.
Understand Your Home Equity
Equity refers to the portion of your property that you truly “own” – it’s the difference between the current market value of your home and the remaining balance on your mortgage. Knowing your equity can give you an idea of your potential profits from the sale.
Consider Your Outstanding Mortgage
The amount left on your mortgage is another critical factor. If your outstanding balance is more than your home’s sale price, you may need to consider a short sale, which requires your lender’s approval and can affect your credit score.
Estimate Closing Costs
Closing costs are the fees and expenses you pay to finalize your home’s sale, excluding the commission for the real estate agent. They may include title insurance, appraisal fees, and attorney fees, among other costs. These are usually about 2-5% of the purchase price. Understanding these costs is crucial as they directly impact your net proceeds from the sale.
Taking the time to clarify your selling objectives and understanding your financial position will pave the way for a more streamlined and successful home-selling experience. These factors are not just critical for setting a realistic asking price but also for aligning your home sale with your larger financial or life goals.
Prepare Your House for Sale
Once you’ve identified your selling objectives, the next step is to prepare your house for the market. A well-prepared home can catch the attention of more prospective buyers and even command a higher sale price.
Home Improvements and Necessary Repairs
Before you list your home, assess its overall condition. Some minor upgrades and necessary repairs can significantly enhance your home’s appeal, often leading to a faster sale or higher selling price.
Deep Cleaning and Carpet Cleaning
Begin with a deep clean to ensure your home looks its best. Pay attention to often-overlooked areas, such as baseboards, window sills, and ceiling fans. If you have carpets, consider hiring a professional carpet cleaning service to remove any stains or odors. Cleanliness can significantly influence a buyer’s first impression.
Minor Upgrades and Fixes
Next, tackle minor upgrades and repairs that could deter potential buyers. This could include painting walls with a fresh, neutral color, fixing any plumbing or electrical issues, and ensuring all appliances are in working order. Although these tasks may seem small, they can make a big difference to potential buyers.
Stage Your House
Staging your house involves preparing it for viewing by potential buyers. It can significantly impact how quickly your home sells and the price.
Hire a Professional Stager
A professional stager, although an extra cost, can be a worthwhile investment. For a few hundred dollars, they can transform your space and make it appealing to as many potential buyers as possible. They use strategies like optimal furniture placement, accentuating natural light, and choosing neutral decor to make your home attractive and inviting.
Depersonalize Your Home
Part of effective staging involves depersonalizing your home. This means removing personal items like family photos, collections, and mementos. The aim is to create a neutral space where potential buyers can easily envision themselves and their own belongings. It’s all about helping buyers picture your house as their future home.
In the competitive real estate market, first impressions count. By investing time, money and effort in staging your house for sale, you can stand out from the competition and make a great impression on prospective buyers. These preparations could translate into a quicker sale and potentially a higher price.
Set the Right Price
One of the most critical decisions in the home-selling process is determining the right asking price. Setting a competitive price can help attract more prospective buyers, shorten the time your home spends on the market, and potentially yield a higher sale price.
Understand the Importance of Pricing
Choosing the right price is not just about the amount you’d like to receive. It’s also about understanding buyer psychology and local market trends. Pricing your home correctly can result in more interest, more showings, and ultimately, more offers.
Get a Comparative Market Analysis
A key tool for setting the right price is a Comparative Market Analysis (CMA). A CMA provides information about recent home sales in your area, adjusted for differences in features and conditions, giving you a good idea of what buyers might be willing to pay for your home.
Hire a Great Real Estate Agent
A great real estate agent can provide an accurate and comprehensive CMA. They have the experience and local market knowledge to understand which homes are truly comparable to yours and how various features and upgrades impact pricing.
Consider Comparable Sales
Comparable sales, or “comps,” are recent home sales in your area that are similar to your property in size, condition, and features. Your real estate agent will look at these comps, adjust for differences, and use the information to guide you towards a fair and attractive list price.
Adjust for Features and Conditions
Every home is unique, and its features and condition will impact its value. Your real estate agent will consider these factors when setting your home’s list price. For example, if your home has a new roof or a remodeled kitchen, it might command a higher price compared to a similar home without these upgrades.
Setting the right price is both an art and a science. It requires an understanding of the local real estate market, an evaluation of comparable sales, and an assessment of your home’s unique features. By enlisting the help of a great real estate agent and leveraging their expertise, you can set a competitive price that will attract serious buyers and maximize your profits.
Market Your House
Once your house is ready for sale and priced right, the next step is to get the word out to prospective buyers. Effective marketing can attract more interest and lead to quicker, more competitive offers.
Use High-Quality Professional Photos
Professional photography plays a crucial role in marketing your house. High-quality photos can showcase your home’s best features and give potential buyers a good first impression. Homes listed with professional photos tend to receive more views online, which can lead to faster sales and often at higher prices.
Craft a Compelling Listing Description
A well-written listing description can spark interest and invite potential buyers to learn more. Highlight your home’s unique features, recent upgrades, and what makes it special. Remember, you’re not just selling a property, you’re selling a lifestyle. Allow your real estate agent to offer feedback and help you create an enticing, optimized listing that will also show up in search results when people are looking for a home like yours.
Host Open Houses and Private Showings
Open houses and private showings are opportunities for potential buyers to experience your home in person. Be flexible with your schedule and make your house available for viewing as often as you can. The more people who walk through your door, the better your chances of receiving an offer.
The Role of a Good Real Estate Agent in Marketing
Marketing a house involves a significant time commitment and a specific set of skills. This is where a good real estate agent comes into play.
Leverage the Multiple Listing Service (MLS)
A good real estate agent can list your property on the Multiple Listing Service (MLS), a database of homes for sale that’s used by real estate professionals. An MLS listing can increase your home’s visibility, attracting other real estate agents and their clients.
Find a Realtor with A Proven Track Record
Choose a real estate agent with a proven track record of sales in your area. Their experience and local market knowledge can be invaluable in promoting your home effectively and attracting serious buyers.
In a crowded real estate market, standing out is key. By leveraging professional photography, crafting a compelling listing description, and utilizing the expertise of a good real estate agent, you can market your home effectively, attracting more potential buyers and increasing your chances of a successful sale.
Evaluate Offers and Negotiate
Once your marketing efforts start paying off and offers begin to come in, it’s time to shift focus to negotiation. The goal here is to achieve the best possible terms that align with your selling objectives.
How to Evaluate Offers
When you receive an offer, it’s essential to look beyond the offered price. While the highest offer might seem the most appealing, it’s not always the best choice.
Consider the Buyer’s Lender
Understanding where the buyer’s financing comes from is important. Offers from buyers who are pre-approved by a well-known lender may carry less risk than those from buyers who are not pre-approved or who are using a less established lender.
Assess the Down Payment
The size of the buyer’s down payment can indicate their financial stability. A larger down payment may suggest that the buyer has solid finances and is serious about purchasing your home.
Understand the Buyer’s Timeline
A buyer’s timeline can be just as important as their offered price. A qualified buyer who can close quickly might be more attractive than a higher offer that’s contingent on selling a current house.
How to Manage Multiple Offers
Receiving multiple offers can be exciting, but it can also be overwhelming. Your real estate agent can help you with this process.
Consult with Your Real Estate Agent
Your real estate agent’s experience can be invaluable in this situation. They can guide you through your options, help you compare offers side by side, and give advice based on their understanding of the current real estate market and the specifics of each offer.
Make the Best Decision Based on Your Needs
When reviewing multiple offers, it’s important to consider your own needs and priorities. For example, if you need to sell quickly, you might prioritize a buyer who can close sooner, even if their offer is not the highest.
Negotiating and accepting offers can be a complex part of the selling process. It’s not just about accepting the highest offer, but understanding the nuances of each proposal and making the best decision for your circumstances. With the right real estate agent by your side, you can handle this process confidently and successfully.
Close the Sale
After you’ve accepted an offer, the next step is to finalize the transaction. The closing process involves several stages, including a home inspection, title search, potential repair negotiations, and final paperwork signing. Here’s what to expect:
The Due Diligence Period
The due diligence period allows the buyer to further investigate the property after their offer has been accepted. During this time, the buyer’s agent will arrange for a home inspection.
Home Inspection and Report
A professional home inspector will thoroughly examine your property and generate an inspection report. This document details the condition of the house and outlines any potential issues, from minor maintenance concerns to significant structural problems.
Negotiating Repairs
If the inspection report reveals necessary repairs, there may be further negotiations. Buyers might ask you to handle the repairs, reduce the sale price, or offer a credit at closing to cover the repair costs.
The Title Search and Insurance
As part of the home buying process, the buyer’s lender will work with a title company to conduct a title search. This ensures the house is free from liens or claims and that you have a clear title to transfer to the new owners.
Understanding Title Insurance
Buyers might also negotiate for you to pay for title insurance as part of the closing costs. Title insurance protects the buyer and their lender from future property ownership claims, unexpected liens, or undisclosed property heirs.
Sign the Final Paperwork
The last step in the home sale process is the closing meeting. Here, you’ll sign the final paperwork, which includes key documents such as:
The Bill of Sale
This document transfers the ownership of personal property (like appliances or furniture) included in the home sale.
The Deed
This legal document transfers ownership of the property from you, the seller, to the buyer.
Documents Prepared by a Real Estate Attorney or Real Estate Brokerage
The closing process involves many legal documents. These might be prepared by a real estate attorney or real estate brokerage to ensure everything is in order.
Closing the sale of your house can be a complex process. However, understanding each step can help you proceed with confidence and reach a successful conclusion to your home sale journey.
Post Sale Considerations
Even after the final paperwork has been signed, and the new owners have the keys, there are a few additional factors to consider. The sale of your house doesn’t just end at the closing table. Let’s delve into these post-sale considerations.
Understand the Tax Implications
Selling your house can have significant tax implications. The application of taxes largely depends on the profit you make from the sale and how long you’ve lived in the house.
Capital Gains Tax Exemption
If the house was your primary residence for at least two of the last five years before selling, you might qualify for a capital gains tax exemption. This can significantly reduce your tax liability.
Consult with a Tax Professional
However, tax laws can be complex, and every situation is unique. Consult with a tax professional or a certified public accountant to fully understand the potential tax impacts. They can provide guidance tailored to your specific circumstances.
The Move to Your New Home
Moving to your new home involves logistical and financial considerations. Plan ahead for moving costs, including professional movers, moving supplies, and potential temporary housing.
Keep Records of Your Home Sale Expenses
It’s wise to keep a comprehensive record of all home sale-related expenses. This includes real estate agent commissions, home improvements made before the sale, and any fees or costs associated with closing. These records can be crucial for your future tax returns or financial planning.
Some of your moving costs may be tax-deductible if you or a member of your household is in the military, and you are moving due to a military order. Previously, moving costs were tax-deductible for many people who were relocating due to a job. After 2025, these deductions may return.
Conclusion
Selling your house is a significant event, and educating consumers about the process can reduce stress and result in a better outcome. By preparing your home, pricing it right, and working with a competent real estate agent, you can complete the transaction smoothly and efficiently.
The selling process might seem overwhelming, but with thorough preparation and the right team on your side, it can be an exciting time. Remember, every house can sell, it just requires the right strategy, a competitive price, and a bit of patience.
Frequently Asked Questions
What should I do if my house isn’t selling?
If your house isn’t attracting buyers, various factors could be at play. The asking price may be too high, marketing efforts might be insufficient, or the house’s condition could be deterring potential buyers. Consult with your real estate agent to pinpoint potential problems and devise solutions. You may need to reduce the price, enhance your marketing strategy, or invest in necessary home improvements.
Can I sell my house myself instead of using a real estate agent?
Yes, selling your house yourself is an option. This is known as “For Sale By Owner” (FSBO). However, selling a house involves complex tasks like pricing, marketing, negotiating, and handling legal paperwork. Real estate agents possess the expertise and experience to deal with these challenges. If you opt for FSBO, be prepared for a significant time commitment and be ready to handle these tasks yourself.
How long does it usually take to sell a house?
The timeline for selling a house can vary greatly and depends on numerous factors, such as local market conditions, the home’s condition and price, and even the time of year. On average, it can take anywhere from a few days to a few months. Your real estate agent can give you a better estimate based on local trends and your specific situation.
What is a seller’s market, and how can it impact my home sale?
A seller’s market occurs when the demand for homes exceeds the current supply. This often results in homes selling more quickly and at higher prices. If you’re selling your house in a seller’s market, it can be an advantage as you may get multiple offers and a higher sale price.
Should I make repairs before selling my house?
Whether to make repairs before selling your house often depends on the type and extent of the repairs and the overall condition of your house. Small repairs and improvements, like painting or fixing leaky faucets, can make a good impression on buyers. If your home has more more substantial issues, discuss the repairs with your real estate agent to weigh the cost against the potential return on investment.
In a standard home purchase scenario, prospective homebuyers apply with a lender to obtain conventional financing to get the new home on their wishlist.
Did you know, however, that there may be another financing option that could possibly benefit both the buyer and the seller under the right circumstances? We’re talking about the Assumable Mortgage.
What Is an Assumable Mortgage?
An assumable mortgage is a special type of home financing that allows a homebuyer to take over (or, assume) the seller’s existing mortgage and all of the terms that come with it, such as the interest rate, current balance, and repayment period. In cases where interest rates have gone up significantly since the seller originally bought and financed the home, this can present a savings opportunity that includes the low interest rate on the mortgage as part of the purchase of the home.
Which Types of Mortgages Are Assumable?
The loans that most often qualify for assumption are VA and FHA loans, which are backed by the federal government. Under certain circumstances conventional mortgages can also be assumable, but the majority of those loans contain a due-on-sale clause requiring the full balance of the loan to be paid upon transfer of property ownership, which makes the loan ineligible for assumption.
How Do Assumable Mortgages Work?
If you’re selling your home and the mortgage on the home is eligible for assumption, you can allow a qualified interested buyer to take over your mortgage as part of the sale of your home.
With the approval of your lender, the buyer would take over all of the responsibilities of your existing mortgage along with the home itself — including the interest rate and monthly payment — which can be significantly lower than the current rates and terms available for new mortgages. All of the terms of the loan would stay as is and simply be transferred over in the buyer’s name. You’ll want to be sure to get a written release of liability signed by both you (the original loan holder) and the lender to remove yourself from any further responsibility on the loan.
In the right circumstances, your buyer could save tens of thousands of dollars on an assumed mortgage since they’re effectively grandfathered in on what could be more favorable terms secured when the original loan was obtained. Given this unique benefit, you could potentially leverage that savings to justify a higher asking price for your home.
To illustrate the savings and benefits of this unique transaction, let’s explore an example scenario below from the buyer’s perspective.
Saving Money With an Assumable Mortgage
Let’s say you’re buying a home and you’d like to assume the mortgage on the home, appraised at $230,769 with a current remaining principal loan balance of $203,249. This means you would take over the payments on the remaining $203,249 and enjoy the original terms allotted to the assumed mortgage.
That still leaves $27,520 that must be paid in cash to the seller, which you can settle during the loan assumption transaction, much like a traditional down payment. If you cannot produce that entire cash amount to assume the loan, you may possibly be able to secure an additional personal loan to cover a portion of the difference. Keep in mind, however, that in most cases lenders who provide secondary financing will typically want to make sure that no more than 85 to 90 percent of the total appraised value of the home is being financed.
Here is an example comparison of a standard new FHA mortgage on a home selling for $230,769, versus an assumed FHA mortgage on the same home, with a lower fixed interest rate and five years already paid on the term.
New FHA Mortgage: A new 30-year FHA loan for a home priced and appraised at $230,769, with a principal loan balance of $222,692 (after the buyer put a minimum of 3.5% down, or approximately $8,077) with a fixed interest rate of 6.25%, will result in monthly payments of $1,371.15 (principal and interest only, excluding property taxes and insurance) totaling $493,615.06 over the life of the mortgage.
Assumable Mortgage: The assumption of a 30-year FHA loan with 25 years left on the term for a home selling for $230,769 with a remaining principal balance of $203,249 at the original interest rate of 2.5% results in a monthly payment of $911.81 and an approximate total loan cost of $273,543.07 (paid over 25 years).
New 30-Year FHA Mortgage
Assumable FHA Mortgage
Savings
Principal Loan Balance
$222,692
$203,249
N/A
Interest Rate
6.25%
2.5%
N/A
Down Payment
$8,077
$27,520
N/A
Monthly Payment(s)
$1,371.15
$911.81
$459.34
Total Loan Cost (principal +interest)
$493,615.06
$273,543.07
$220,071.99
Note: The example above does not include mortgage insurance. Mortgage Insurance (MI) may change depending on the LTV. Ask your loan officer for more information.
As illustrated above, if you are able to assume an eligible loan with an interest rate significantly lower than what is available on the market and have the ability to put down the additional cash to cover the equity owned by the seller (or obtain secondary financing), your savings could be substantial.
In the example scenario, your monthly mortgage payments for the 25 years remaining on the assumed loan would be $911.81. Compared to a new FHA loan with a higher market rate, this would result in a monthly savings of $459.34 and $220,071.99 saved over the entire life of your mortgage.
It is also worth noting that the less equity a seller has in their home, the more attractive an assumable mortgage may be to a buyer. For example, if that same assumable loan had an unpaid principal balance of $215,000, you’d only be responsible for a $15,769 difference instead of $27,520.
FHA Assumable Mortgage Requirements
Federal Housing Authority (FHA) loans qualify for assumption because they are free from the restrictions of due-on-sale clauses that are common in conventional mortgages.
Buyers wishing to assume an FHA mortgage must have a minimum credit score of 620, although buyers with scores above 580 may be eligible with additional restrictions. Similar to a conventional loan, your debt-to-income ratio including the assumed loan’s payment, cannot exceed 43% (although in special circumstances it can go as high as 50%).
VA Assumable Mortgage Requirements
The United States Department of Veterans Affairs (VA) has long offered one of the best home loan programs available for qualifying veterans, active military and their dependents.
A few important facts about VA loan assumptions:
As long as the buyer is VA-eligible, the seller’s VA entitlement remains intact.
If a buyer who is not VA-eligible assumes a VA loan, the seller loses their VA entitlement, as it will be tied to that original loan.
Buyers must meet all VA standards for creditworthiness and income, and the assumption must be approved by both the VA and the lender.
All mortgage obligations are assumed by the buyer, up to and including the obligation to repay the VA should the buyer default on the loan.
A “VA funding fee” equal to 0.5% of the current loan balance (only the principal amount) will be charged.
Want to know more about VA mortgages and whether you or a family member qualifies? Discover the special rates and benefits of VA home loans.
All mortgage payments must be current at the time of closing. You should plan to provide funds necessary to clear any outstanding payments before you can assume the loan. Either the buyer or seller can bring the loan to good standing.
Special Circumstances for Assuming a Mortgage
There are several special circumstances in which a buyer or inheritor must assume a mortgage in order to take possession of a home.
May I Assume the Mortgage of an Inherited Home?
Yes. In the unfortunate circumstance of a loved one passing, assuming the mortgage of the home that’s been willed to you would be useful if you wish to keep it in the family or live in it.
Federal law requires lenders to allow heirs to assume the mortgage of an inherited home, regardless of any due-on-sale clause included on the loan. It’s best to seek the advice of an estate attorney to ensure all bases are covered under these circumstances. As you figure out your options, be sure to continue making the regular monthly payments on the mortgage to prevent foreclosure of the property.
Assuming the Mortgage in Case of a Divorce
In the event of a divorce, one party or the other may have been awarded the family home.
If you’re the one keeping the home with a mortgage, you’ll need to qualify with the lender to assume the mortgage under your individual income and credit score, or by showing six months of timely payments you’ve made on your own without the help of your spouse.
Once the awarded party assumes the mortgage, the person who will no longer reside in the home should be released from all liability with the proper signed paperwork, as required by the lender.
May I Assume the Mortgage of a Home in Foreclosure?
Yes. Facing foreclosure is difficult, and a homeowner may want to do anything to prevent it. Allowing another party to assume the mortgage may be a good option.
In this type of purchase scenario, the buyer will need to pay off the entire past due amount before the assumption can occur. Buyers may accomplish this with cash or through a separate loan.
If it’s a Fannie Mae loan in question, Fannie Mae will review the prospective borrower’s financial packet to determine if they can afford the payments on the mortgage. Each investor or insurer will have specific requirements around what is required to complete the assumption.
If you’re set on the property as your ideal home, the default amount isn’t unreasonable, and the interest rate you’re assuming is favorable, then it can be worth the extra cost and effort to secure the loan.
From Applying to Signing on the Dotted Line: Important Facts
If you apply to assume a mortgage, expect to provide all the standard financial information normally required from a lender for a home loan application. This can include pay stubs, bank statements, W2s, and any other means to prove your ability to take over the mortgage.
While many may appreciate that an appraisal isn’t typically required, it might be beneficial to request one. That way you can ensure that the asking price for the home is fair in the current market.
Make sure a title check is performed as well to clear up any possibility of outstanding liens or encumbrances on the property before signing on the dotted line.
While closing costs can be lower with an assumed mortgage, an assumption fee may be charged.
FHA assumption closing costs are typically between 2 and 6 percent of the sale price of the home.
The VA charges a funding fee of 0.5% of the principal loan balance.
If you’re assuming the loan of an inherited property, it may be within your rights to avoid an assumption fee. Be sure to consult with an estate attorney if questions arise.
If you end up borrowing from more than one lender to complete the mortgage assumption, be sure that each lender is informed of all loan activity for the home. Each lender may require slightly different information, so prepare ahead of time for varying requests during the financial evaluation process.
Key Takeaways For Assumable Mortgages
Under the right circumstances, an assumable mortgage can mean thousands in savings for a qualified buyer.
A seller can leverage those savings to attract buyers and increase the asking price for the home.
The lender is the party with the final say over whether a buyer can assume a seller’s current mortgage.
The amount of equity in the home owned by the seller can be a key factor in whether assuming a loan is the right route for a buyer to take.
VA-eligible home sellers should take extra precaution when considering an assumption to protect their VA entitlement.
Is a Mortgage Assumption the Right Move?
The advantages for both sellers and buyers in this type of transaction is clear, as long as the interest rate on the mortgage is lower than what is available on the current market, the equity owned by the seller isn’t too great, and the lender approves of the assumption along with a release of liability to the original borrower on the loan.
If you’re selling your home that you have an FHA or VA mortgage for and the interest rate is lower than what the current market offers, you may want to connect your prospective buyers with your lender to see if an assumption is possible.
Questions about your existing mortgage or looking to buy a home soon? We’re here for you. Connect with a Pennymac Loan Expert to explore your home loan options or get started on a BuyerReady Certification today.
Dealing with debt can be an overwhelming experience. When you find yourself in a situation where you are unable to pay a debt, it’s important to understand the consequences of not paying a debt collector.
In this article, we’ll discuss the roles of collection agencies, the impact on your credit report, legal consequences, communication strategies, and ways to prevent debt collection issues.
Understanding Debt Collectors
Debt collectors are entities hired by creditors to collect debts owed by individuals or businesses. When you owe money to a creditor, such as on credit card debt or medical bills, and fail to make timely payments, the original creditor may sell or transfer the debt to a debt collection agency.
These agencies are responsible for collecting the unpaid debt and may employ various tactics, including phone calls and letters, to collect the outstanding balance.
The Debt Collection Process
Debt collection agencies follow a set process when collecting unpaid debts:
Initial contact: Collection agencies typically begin their collection efforts by sending a written notice, often called a demand letter, detailing the owed amount, the name of the original creditor, and instructions for repaying the debt.
Ongoing communication: If the initial notice is unsuccessful, the debt collector will continue to contact you via phone calls, emails, or additional letters to encourage you to repay the debt.
Reporting to credit bureaus: After a certain period of missed payments, usually around 180 days, the debt collector may report the unpaid debt to credit bureaus, which can negatively impact your credit score.
Potential legal action: If you still haven’t paid the debt, the debt collector may choose to file a lawsuit to recover the funds, which could lead to wage garnishment or seizure of assets if they obtain a judgment against you.
Legal Consequences of Not Paying a Debt Collector
1. Impact on Your Credit Report
When you don’t pay a debt collector, the collection account may be reported to the credit bureaus, which can have a negative impact on your credit score. A missed payment or default on your credit report can cause your score to drop significantly and remain on your credit history for up to seven years.
2. Lawsuits and Judgments
Debt collectors may resort to legal action in an attempt to collect an unpaid debt. Debt collection lawsuits can lead to judgments against you, which may result in wage garnishment, bank account levies, and asset seizures. It’s crucial to respond to a debt collector’s attorney or law firm if they initiate a lawsuit to avoid default judgments.
3. Statute of Limitations
The statute of limitations on debt is the time period during which a debt collector can sue you to collect a debt. This varies by state and the type of debt but typically ranges from three to six years. After this period, debt collectors can still attempt to collect the debt, but they lose the right to sue you for it.
4. Property Liens
In some cases, a debt collector may obtain a judgment against you and place a lien on your property. This means that if you sell the property, the debt must be paid from the proceeds before you receive any funds. Liens can also impact your ability to refinance or secure a home equity loan.
5. Seizure of Assets
Depending on the type of debt and the jurisdiction, a debt collector may have the legal right to seize your assets, such as your car or other personal property, to satisfy the debt after obtaining a court judgment.
6. Tax Consequences
If you negotiate a settlement with a debt collector for less than the full amount owed, the difference between the original debt and the settled amount may be considered taxable income by the Internal Revenue Service (IRS). You could receive a 1099-C form and be required to report this amount on your tax return.
7. Loss of professional licenses or certifications
In some cases, failure to pay certain types of debt may result in the suspension or revocation of professional licenses or certifications, impacting your ability to work in your chosen field.
Communication with Debt Collectors
The Fair Debt Collection Practices Act (FDCPA) is a federal law enacted to protect consumers from abusive debt collection practices. Under this act, debt collectors are prohibited from engaging in harassment, making false statements, and using unfair practices to collect debts.
If you believe your debt collection rights have been violated, you can report the violation to the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB).
How to Respond to a Collections Notice
Receiving a collections notice can be stressful, but it’s important to act promptly and responsibly. Here’s a step-by-step guide on how to respond to a collections notice:
1. Don’t ignore the notice
Ignoring a collections notice can lead to further consequences, including damage to your credit report and potential legal action. It’s crucial to address the notice as soon as possible to avoid escalating the situation.
2. Verify the debt
Before taking any action, request debt validation from the debt collector to confirm the legitimacy of the debt. This collection agency should reply to you in a letter that includes the amount owed, the name of the original creditor, and any additional details about the debt. Ensure that the information is accurate and up-to-date.
3. Determine if the debt is within the statute of limitations
Research the statute of limitations for the type of debt in your state to determine if the debt collector can still legally sue you for the unpaid amount. If the statute of limitations has passed, inform the debt collector and dispute the debt with the credit bureaus.
4. Negotiate with the debt collector
If the debt is legitimate and within the statute of limitations, consider negotiating a payment plan or settlement with the debt collector. This may involve agreeing to pay a partial payment or making monthly installments until the debt is paid in full. Be sure to get any agreements in writing to protect yourself.
5. Dispute any inaccuracies
If you find any discrepancies in the debt validation letter or believe the debt is incorrect, dispute the information with the debt collector and the credit bureaus. Provide any relevant documentation to support your claim.
6. Seek professional advice
If you’re unsure about how to handle the collections notice or need assistance with debt management, consider consulting a credit counselor, financial advisor, or attorney. These professionals can provide guidance and help you deal with collections.
Preventing Debt Collection Issues
Dealing with debt collectors can be overwhelming, but taking proactive steps to prevent debt collection issues from arising in the first place is key to maintaining your financial well-being. Here are various strategies that can help you avoid the pitfalls of unpaid debts and ensure you stay on track with your financial goals.
Create a budget and manage expenses: Developing a budget and tracking your expenses can help you avoid accumulating debt and ensure you’re making timely payments to your creditors.
Prioritize debt repayment: Paying off high-interest debts, such as credit card debt, should be a priority to prevent the debt from growing and to protect your credit score.
Seek help from credit counseling agencies or financial advisors: If you’re struggling with debt, consider reaching out to a credit counseling agency or a financial advisor for guidance. These professionals can help you develop a debt repayment plan, negotiate with your creditors, and offer advice on managing your finances more effectively.
Understand the importance of timely bill payments: Making timely payments on your bills, including credit card debt and medical bills, is essential for maintaining a healthy credit score and preventing collection accounts from appearing on your credit report.
Build an emergency fund: Having an emergency fund can provide a financial cushion in times of unexpected expenses or income loss. This can help you avoid resorting to credit cards or loans, reducing the likelihood of falling into debt.
Monitor your credit reports: Regularly reviewing your credit reports allows you to spot any inaccuracies or signs of identity theft early on. You can also track your progress in improving your credit score and ensure that paid-off debts are accurately reflected.
Conclusion
Failing to pay a debt collector can lead to several negative consequences, including damage to your credit report, legal actions, and financial stress. It’s essential to understand the roles of debt collectors and collection agencies, as well as your rights under the FDCPA. If you find yourself dealing with unpaid debts, it’s crucial to communicate effectively with debt collectors and explore your options for repayment or dispute.
By prioritizing debt repayment, creating a budget, and seeking help from credit counseling agencies or financial advisors, you can work towards resolving your debt issues and maintaining good financial health. Remember, knowledge is power, and understanding the debt collection process and your rights will help you overcome these challenges more effectively.
Chapter 13 Bankruptcy, often known as a wage earner’s plan, provides a structured approach for individuals with a consistent income to manage and repay their debts. This guide aims to offer a thorough overview of Chapter 13 Bankruptcy, covering eligibility criteria, the process involved, and the various responsibilities it encompasses.
We’ll explore the essential elements of Chapter 13 Bankruptcy. These include its procedural framework, the duties imposed upon filers, and its effects on credit standings and asset holdings. Additionally, the roles of the bankruptcy trustee and your attorney are discussed, providing a comprehensive understanding of their involvement and support in this financial reorganization journey.
Qualifying for Chapter 13 Bankruptcy: Criteria and Guidelines
When considering Chapter 13 bankruptcy, it’s essential to understand who qualifies for this financial path. Chapter 13, named after its placement as the 13th chapter in the U.S. Bankruptcy Code (11 U.S. Code Title 11), is specifically designed to help individuals reorganize their debts.
Key Criteria for Qualification
Let’s break down the eligibility criteria in a straightforward manner to make it easier to determine whether Chapter 13 is the right option for you.
Regular Income: The Foundation of Eligibility
A fundamental requirement for Chapter 13 is having a regular income. This doesn’t just mean a traditional 9-to-5 job. Income can come from various sources like self-employment, seasonal work, social security, or even disability benefits. The key is having a steady flow of income that can support a repayment plan.
Debt Limit: Knowing Your Boundaries
There are specific debt limits set for Chapter 13 bankruptcy. As of the latest guidelines, your secured debts (like mortgages and car loans) must be less than $1,257,850, and your unsecured debts (like credit card debt and medical expenses) should be under $419,275. Staying within these limits is crucial for eligibility.
Credit Counseling: A Pre-filing Requirement
Before filing your bankruptcy petition for Chapter 13, you must complete credit counseling from an approved agency. This step, taken within 180 days before filing, is not just a formality. It’s a valuable exercise to understand your financial situation and explore alternatives to bankruptcy.
No Recent Bankruptcy Filings
If a bankruptcy judge dismissed your previous case within the past 180 days for failing to appear in court or comply with orders, you’re temporarily ineligible for Chapter 13. This also applies if you voluntarily dismissed your case after creditors sought court relief to recover property with liens. In these situations, Chapter 13 filing is not an option until the 180-day period has elapsed.
Are You Eligible?
Eligibility for Chapter 13 bankruptcy might seem complex at first glance, but breaking it down into these key areas – steady income, debt limits, mandatory credit counseling, and recent bankruptcy history – can clarify whether this path is an option for you.
If you meet these criteria, Chapter 13 could be a viable strategy for managing and reorganizing your debt. Remember, consulting with a bankruptcy attorney can provide personalized advice and help you make this financial decision with greater confidence and clarity.
How does Chapter 13 bankruptcy work?
Chapter 13 bankruptcy is often a practical solution for individuals grappling with financial challenges. It involves a well-defined process designed to help reorganize and manage debt effectively.
Understanding each step of this process is crucial, as it provides a clearer picture of what to expect and how to best prepare for the journey ahead. Let’s take a closer look at these steps to gain a comprehensive understanding of the Chapter 13 bankruptcy procedure.
Filing the Bankruptcy Petition
The journey begins with filing a bankruptcy petition in a federal bankruptcy court. This step officially starts your case and includes submitting various documents detailing your financial situation—like income, debts, assets, and a detailed list of expenses.
Completing Mandatory Credit Counseling
Before filing, you must complete credit counseling from an approved agency. This isn’t just a box to check; it’s a crucial step to ensure you’re fully aware of the implications of bankruptcy and alternative debt management strategies.
Developing a Repayment Plan
Within 14 days of filing, you’ll propose a repayment plan, detailing how you plan to pay off your debts over the next three to five years. Your income, living expenses, and debt types heavily influence this plan.
The Role of the Bankruptcy Trustee
Upon filing, the court appoints a bankruptcy trustee. This trustee evaluates your plan, oversees the repayment process, and distributes payments to your creditors. They act as a mediator between you and your creditors.
The 341 Meeting of Creditors
After filing, you’ll attend a ‘341 meeting’ with your trustee and creditors. This meeting allows creditors to ask questions about your financial situation and the proposed repayment plan.
Confirmation Hearing and Plan Approval
A bankruptcy judge will hold a confirmation hearing to approve your repayment plan. Creditors can object to the plan here, but if the judge finds the plan fair and compliant with bankruptcy laws, they will approve it.
Making Payments and Following the Plan
Once approved, you start making payments according to the plan. Consistent payments are crucial. Missing payments can lead to case dismissal or conversion to a Chapter 7 bankruptcy.
Discharge of Remaining Debts
After successfully completing the repayment plan, remaining qualifying debts are discharged. This means you’re no longer legally obligated to pay these debts, marking the completion of your Chapter 13 bankruptcy journey.
Your Responsibilities in a Chapter 13 Bankruptcy
Beginning April 1, 2019, when filing for Chapter 13, expect a certain number of requirements to maintain your eligibility. For example, you must:
File all required tax returns before your creditor’s meeting
Send all creditors a notice of your bankruptcy
Maintain child support and alimony payments during your plan
Make all payments to the trustee during your adjustment period
Make all payments for agreed upon secured loans, such as your house and cars
Meet new tax obligations and not incur significant new consumer debt
Provide the trustee with annual tax returns and information of changes in income
Get court approval for any new loan, or for buying, selling, or refinancing a home
No more than $419,275 in unsecured debts
No more than $1,257,850 in secured debts (including mortgages and car loans)
The Role of a Bankruptcy Trustee in Chapter 13 Proceedings
The trustee is a representative of the bankruptcy estate who works for the bankruptcy court and the federal government to review bankruptcy petitions and schedules.
This person generally handles most of the issues related to the processing and approval of bankruptcy cases. The trustee also acts as the disbursing agent for your payments and provides oversight on issues that might arise.
How Your Attorney Can Assist in Chapter 13 Bankruptcy
In Chapter 13 bankruptcy, your bankruptcy lawyer generally analyzes all the particulars of your situation and prepares your estate, allowing you to keep as much of your property as possible. They will assemble all your information and data and handle your court paperwork and deadlines.
Your attorney will prepare your petitions, schedules, and statements for the bankruptcy filing. They will also draft your plan of reorganization and help you understand your duties. Attorneys will also meet with your creditors, attend hearings, and address issues with the trustee.
Additionally, attorneys will make necessary petitions and modifications if you need to change your Chapter 13 plan. They are now more liable for inaccuracies and other problems that could arise with your Chapter 13 case.
This means that many of the burdens of bankruptcy are taken off you and become the attorney’s responsibility.
Attorney’s fees vary from state to state, but expect to pay anywhere between $1,200 and $2,500. Given the level of responsibility they carry on your behalf, it’s well worth the investment.
The Impact of Chapter 13 Bankruptcy on Your Credit Score
Chapter 13 bankruptcy will be publicly listed on your credit report for a total of seven years, during which time your credit will be negatively affected.
However, your credit score will slowly increase as you establish a positive payment pattern during your adjustment period, and it will continue to increase as long you keep up with your payments.
You can also expect an increased difficulty in obtaining credit. If you do qualify for a credit card or loan, you’ll pay some of the highest interest rates on the market.
You’ll also only qualify for smaller credit amounts, so it will become essential to save up cash reserves to have on hand for any financial emergencies that pop up.
Protecting Your Assets: Exemptions in Chapter 13 Bankruptcy
Under Chapter 7, every state has a list of exemptions for things that don’t need to be sold to pay back creditors.
Usually, there is a monetary limit for each category of property you own, whether it’s your home, car, or household possessions. Under Chapter 7, your creditors have the right to liquidate assets not protected by this exemptions list.
However, in Chapter 13, instead of having those items liquidated, you must pay their full value to creditors as part of your adjustment plan. To fully understand how exemptions work in your situation and state, it’s helpful to talk to a lawyer.
Chapter 13 Bankruptcy for Self-Employed Individuals and Business Owners
If you are self-employed or operate your own business, you must file a monthly financial report or business operating statement with the trustee before the 15th day of each month.
You’ll also need to verify your income before filing for Chapter 13 bankruptcy. If you own your own business, it’s even more important for you to maintain thorough documentation of your financials both before and during Chapter 13 bankruptcy.
What to Do If You Can’t Meet Chapter 13 Bankruptcy Payments
If a situation arises under Chapter 13 in which you’re unable to make all your required monthly payments, you must show that it results from a serious income change or a necessary expense. Your lawyer must then file a moratorium with the bankruptcy court and creditors, which is subject to approval by the trustee.
In most Chapter 13 cases, you should be able to get approved for some type of catch-up plan, including lengthening your repayment term if you’re just suffering from a short-term financial setback.
For a long-term issue, you can apply for a modification. In the event of a severe hardship that makes it impossible for you to make your Chapter 13 payments, you can request a hardship discharge.
Another option is to convert your bankruptcy to a Chapter 7 and have your remaining eligible debts discharged. This is only possible if your new financial situation meets the income qualifications for Chapter 7 bankruptcy.
A final option is to dismiss your current Chapter 13 and file for a new one. Just make sure you request an automatic stay from the court to ensure creditors don’t resume their collection attempts as you pivot to a new bankruptcy plan.
Should I file for Chapter 13 bankruptcy?
There’s no right or wrong answer to this question. One of your first steps should be to undertake free credit counseling to see if you can figure out a manageable debt payment plan that works for your current situation. If not, you should then seek professional legal help.
It’s great to read up on the pros and cons of bankruptcy, but at the end of the day, so much depends on your personal situation. From your money to your state, there are countless small details that could influence what it means to take the best course of action.
Bottom Line
Chapter 13 Bankruptcy presents a structured pathway for individuals with regular income to reorganize and manage their debts effectively. Throughout this article, we’ve explored the intricacies of Chapter 13, from eligibility requirements to the responsibilities and roles of various parties involved. It’s clear that while this form of bankruptcy can offer a lifeline to those overwhelmed by debt, it also requires careful consideration and adherence to specific legal obligations.
Key takeaways include understanding the importance of meeting eligibility criteria, the vital role of a bankruptcy trustee, and the indispensable support an experienced attorney can provide. Additionally, recognizing how Chapter 13 Bankruptcy impacts one’s credit and the strategic planning required for managing exemptions are essential aspects of this process.
If you’re considering filing for Chapter 13 Bankruptcy, it’s crucial to consult with a qualified bankruptcy attorney who can provide personalized advice based on your unique financial situation. They can guide you through the process, help you understand your options, and work with you to develop a plan that aligns with your financial goals.
Remember, while Chapter 13 Bankruptcy can be a complex process, it also represents a proactive step towards regaining financial stability and moving towards a more secure financial future.
For some, the new tax season might serve as a stressful reminder of past taxes that have yet to be filed and paid. Taxpayers owed over $120 billion in back taxes, penalties and interest in 2022, according to the IRS. And there soon may be more concrete reminders coming: The IRS resumed sending automated collection notices for unpaid taxes in 2024 after pausing them “due to the unprecedented effects of the COVID-19 pandemic” in February 2022.
If you’re one of the many taxpayers who owe tax debt this season, addressing the issue sooner rather than later can save you from penalties, interest and other more serious consequences. And you can get started even if you can’t afford to pay in full. Here’s what you can do to get back on track.
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If you get a notice, read it
The longer you delay reading and responding to unpaid tax notices, the more serious your tax situation could become.
“People come into our office, and they have all these unopened letters,” says Kenneth Portera, an enrolled agent and owner of Kenneth Portera and Associates in New Jersey who works with clients who owe back taxes. He wishes people would open these notices when they arrive, he notes. “If you do get a letter, open it up and find out what’s going on.”
If you continue to ignore notices, the IRS may resort to severe measures, including tax liens, wage garnishment, asset seizure and passport restrictions. And if you owe state taxes, you could face additional collections and garnishments.
However, the IRS and state tax agencies will always try to contact you before escalating to more extreme measures. If you show the agency that you’re willing to pay — even if it’s not the full amount — you can avoid the worst outcomes.
Set up a payment plan
Most taxpayers can set up short- or long-term payment plans, including installment agreements, through the IRS website. To apply for one online, you must owe less than $50,000 in combined tax, penalties and interest for a long-term plan or less than $100,000 for a short-term plan. The agency waives setup fees for low-income taxpayers and has options for businesses, too.
Once you contact the IRS and set up a plan, the government will stop sending notices about your tax debt because collection has already been accomplished, Portera says.
If you have an existing payment plan, you can update it to account for this year’s taxes.
Contact a pro
Not everyone with overdue taxes needs a tax attorney. But if you’re dealing with tax authorities, owe large amounts of money or have a tax situation that you feel unable to handle on your own, Portera recommends enlisting the help of a licensed tax professional, such as a certified public accountant, enrolled agent or tax attorney.
When you don’t file your return, the IRS puts together a substitute return for you with a proposed assessment of what you owe. This tax return the IRS files for you is “almost always going to be not in your favor,” says Robert Persichitte, a CPA at Delagify Financial in Colorado who has experience working with clients in urgent tax situations.
According to Persichitte, some tax preparers will look at your substitute return for free and tell you if it needs to be amended. Sometimes, a licensed tax professional can negotiate with the IRS to reduce the amount you owe. In serious cases, they may help you apply for an offer in compromise, an agreement with the IRS that settles your tax liability at a lower amount.
Remember, though, that tax relief isn’t usually a quick fix — and promises of a dramatic cut to your tax debt may be a scam.
“If it sounds too good to be true, guess what? It usually is,” Portera says. The process for negotiating a reduced tax bill is complicated, he notes. If a tax relief company can’t deliver and fumbles communications, he adds, it could result in more interest and penalties for you, and no resolution.
For low-cost options, contact the Taxpayer Advocate Service or your local Low Income Taxpayer Clinic, which provides free or low-cost assistance for low-income taxpayers.
Simple tax filing with a $50 flat fee for every scenario
With NerdWallet Taxes powered by Column Tax, registered NerdWallet members pay one fee, regardless of your tax situation. Plus, you’ll get free support from tax experts. Sign up for access today.
for a NerdWallet account
Transparent pricing
Hassle-free tax filing* is $50 for all tax situations — no hidden costs or fees.
Maximum refund guaranteed
Get every dollar you deserve* when you file with this tax product, powered by Column Tax.
Faster filing
File up to 2x faster than traditional options.* Get your refund, and get on with your life.
*guaranteed by Column Tax
Don’t forget about current tax returns
When taking care of overdue taxes, don’t forget to file taxes for 2023.
Even if you have overdue penalties — or don’t have the funds to pay this year’s fees in full — stay compliant with the IRS by filing your returns annually. The agency is much more likely to waive your penalties or even agree to reduce your tax debt if you have a history of compliance.
Claire Tsosie, an assigning editor at NerdWallet, contributed reporting to this article.
This article was written by NerdWallet and was originally published by The Associated Press.
To rent or not to rent? That is a very personal question: This rent vs. buy calculator can help.
Both the cost of rent and U.S. home prices soared during the pandemic. After historically high home prices and rising mortgage interest rates in 2023, the rent vs. buy calculator now favors renters for the first time in decades. But just barely.
Paying a mortgage builds home equity. That’s the difference between the current value of the home and the amount of money paid in, minus any liens on the property. When a homebuyer sells, they pocket any surplus, after expenses. For years, home ownership has been a way to build individual and generational wealth.
Paying rent doesn’t build equity. But that doesn’t mean it’s a waste of money, despite what some financial gurus might try to tell you. Home prices are high and the availability of affordable properties hit an all-time low in 2023. So renting is a smarter financial decision for many U.S. residents right now.
The rent vs. buy calculator
Personal finances and the national housing market aren’t the only things to consider. The rent vs. buy calculator includes many variables. They vary from person to person and year to year.
Age, lifestyle, career outlook and financial risk tolerance matter. Where you want to live both factor into the decision. Take a look at Redfin’s rent vs. buy calculator to evaluate which option makes more sense for you.
Reasons to rent in 2024
Many renters will benefit from extending their lease into 2024. Here are six reasons why renting is a good choice right now.
Renting is more affordable in most markets
Redfin reports that buying a home costs 25 percent more than renting in 2023. In fact, last year was the most expensive year for home prices in Redfin’s records. A buyer making the country’s median wage would need to pay 41.4 percent of their income for a home. That’s well above the 30 percent recommended by experts.
Record high home prices were only part of the issue. High interest rates and low inventory kept home prices elevated through the end of 2023
In contrast, nationwide rent prices actually fell late last year. According to the December Rent Report, rent prices dropped .57 percent month-over-month. Rates were also down 2.09 percent from December 2022.
In cities, the price difference between buying and renting is even steeper. It was more expensive to buy a home than to rent one in all but four major metropolitan areas in May 2023.
Renting costs less upfront
Purchasing a home is a major financial investment. Buyers typically need a 20 percent down payment to secure a mortgage. When housing stock is low, they may also need to offer more than the asking price. They might also need to compete in bidding wars or be able to pay a percentage in cash to secure the house they want.
Renting is more cost-effective for many. A typical apartment lease includes a security deposit. Rents get this security deposit back when they move out if there’s no damage, outstanding fees or rent owed. Fees for parking spaces or having pets in the apartment added. A rent calculator can help determine your budget.
Fewer monthly costs
It’s usually cheaper month to month as well. Business Insider reports that U.S. homeowners pay a median of $2,690 each year in property taxes. Property taxes, mortgage interest and home repair costs are tax deductible. But these costs add up.
Renter’s insurance is almost always cheaper than homeowner’s insurance. NerdWallet states that the average price for renter’s insurance in the United States is $148 a year. That breaks down to just $12 per month. The same outlet reports that homeowner’s insurance typically costs $1,820 a year. Rates vary state to state.
A lease may also include some (or all) utilities. This means fewer bills to pay and a more predictable household budget.
No repairs or maintenance
A homeowner has to pay for emergency expenses like a broken water heater or a new roof out of their own pocket. They also have to file their own insurance claims. Then they need to make any necessary repairs – or hire professionals to do so. But renters can pass these responsibilities on to their landlord or property manager.
In addition, renters don’t need to stress about lawn care, landscaping, or snow removal either. That saves a lot of time, stress, and money over the course of a lease.
As a bonus, many rentals offer communal amenities. These can include workspaces and lobbies, rooftop patios and grills, pools and playgrounds. Residents can also enjoy perks like gyms, dog wash stations or bike storage. Residents get all the benefits without membership fees or maintenance.
Renting is flexible
Building home equity is an investment with higher upfront costs. So experts recommend that residents stay in their home for at least five years to break even. But high housing costs and high interest rates mean that reaching the break-even point may take even longer.
To recoup their investment, homeowners need to commit to staying in one place for years. Homes usually appreciate in value, but there’s no guarantee homeowners will turn a profit..
Renting is best for people who need flexibility. Applying for a mortgage requires a stable job and regular and predictable paychecks.
People planning a major career change may be better off renting for now. The same goes for people facing job insecurity. Going back to school, retirement or caregiving can also influence income. A renter can re-evaluate before signing a year-long lease. Homeowners are tied to a 15- or 30-year mortgage.
You can try before you buy
Renting is a great way to explore different neighborhoods, home types and amenities. Location is the one thing about a home that buyers can’t change. So it’s smart to rent in a neighborhood before committing to a mortgage. Or you could experiment with the best of both worlds with a rent-to-own home.
Renting can also allow residents to experience different house types. They can experience living in apartments, townhomes, duplexes and single-family homes).
Reasons to buy in 2024
Renting is a smart option for many. But there are certain instances when the rent or buy calculator favors purchasing a home instead.
More homes mean lower prices for buyers
Housing experts say that the number of homes available will increase in 2024. More housing stock means home prices could tick downward. That’s a plus for buyers.
Lawrence Yun, National Association of Realtors (NAR) chief economist, predicts that 1.48 million new housing projects will begin in 2024. That number includes 1.04 million single-family units.
Interest rates should stabilize or drop
Mortgage interest rates have been holding steady for the last several weeks. Rates hovered around the 7 percent mark for 30-year fixed rate mortgages and just over 6 percent for 15-year fixed rate mortgages. That’s down from last year’s high.
“Many of the factors that made 2023 the least affordable year for homebuying on record are easing,” said Redfin Senior Economist Elijah de la Campa. “Mortgage rates are under 7 percent for the first time in months, home price growth is slowing as lower rates prompt more people to list their homes, and overall inflation continues to cool. We’ll likely see a jump in home purchases in the new year as buyers take advantage of lower mortgage rates and more listings after the holidays.”
But it’s important to note that these available properties are at the high end of the market. Affordable housing numbers remain historically low.
More options in key metros and affordable markets
More housing stock and lower interest rates will help push home prices lower. Housing experts predict certain markets will rebound first.
“Metro markets in southern states will likely outperform others due to faster job increases,” says Yun, NAR chief economist. “While markets in the Midwest will experience gains from being in the most affordable region.”
The takeaway
Choosing whether to rent or buy is a personal decision that depends on many factors. For many U.S. residents, renting is a more affordable and flexible option right now, but investing in a home is never a bad idea.
Check out houses and apartments for rent.
Looking to buy? See homes for sale here.
Alicia Underlee Nelson is a freelance writer and photographer. Her work has appeared in Thomson Reuters, Food Network, USA Today, Delta Sky Magazine, AAA Living, Midwest Living, Beer Advocate, trivago Magazine, Matador Network, craftbeer.com and numerous other publications. She’s the author of North Dakota Beer: A Heady History, co-host of the Travel Tomorrow podcast and leads travel and creativity workshops across the Midwest.
If you’re considering a loan on a home you own outright, it’s important to note that when you own your home without any current mortgage, its entire value is equity.
You can utilize this equity by securing a loan against the home’s worth. Multiple mortgage loan options are available, such as a cash-out refinance, home equity loan, or HELOC.
To make the most informed decision, delve deeper into each option and discover which suits your needs best.
Check your loan options. Start here
In this article (Skip to…)
Can I get a loan on a house that’s paid for?
Yes, you can get a loan on a home you own outright through a home equity loan, a home equity line of credit (HELOC), or a cash-out refinance.
A home equity loan allows you to borrow a fixed amount of money using your home as collateral and pay it back with interest over a set term. A HELOC, on the other hand, works like a credit card where you can borrow money as you need it up to a certain amount, and pay it back with interest.
When you take out a home equity loan or a HELOC, the lender will determine the amount of equity you have in your home and use that as collateral for the loan. The amount of equity you have is determined by the difference between the current value of your home and the outstanding balance on your mortgage
Cash-out refinancing allows you to borrow up to 80% of your home’s appraised value. You’ll repay the loan via monthly payments, just like you did before you paid off your mortgage balance
Keep in mind that taking out a loan on a paid-off house puts your home at risk if you are unable to make payments. If you default on the loan, the lender may foreclose on your home to recoup their losses.
So, before taking out a home equity loan, or HELOC, make sure you can comfortably make the monthly payments and understand the risks involved.
Verify your eligibility. Start here
Home equity loans for a paid-off house
Getting a loan on a house you already own lets you borrow against the value of your home without selling.
The type of loan you’ll qualify for depends on your credit score, debt-to-income ratio (DTI), loan-to-value ratio (LTV), and other factors. But assuming your personal finances are in good shape, you can likely choose from any of the following loan options that we summarized above.
Check your loan options. Start here
1. Cash-out refinance
Cash-out refinancing typically involves applying for a new mortgage to replace an existing one and borrowing cash from your home equity. When you already own your home outright, you aren’t paying off an existing mortgage. So most or all of the loan will come to you as a lump sum of cash.
You can typically borrow up to 80% of your home’s value using a cash-out refinance. However, with the VA cash-out refi, you could potentially get up to 100% of your home’s value. But only veterans and active-duty service members have VA loan eligibility.
Refinancing requires a home appraisal to measure your home’s market value. Unless your home is worth over $1 million, in which case you may be able to get an appraisal waiver. You’ll also pay closing costs, ranging between 2% and 5% of your loan balance.
You can pay closing costs out of pocket, or your lender might be willing to cover part of them in exchange for a higher interest rate. Alternatively, you could roll the closing costs into your loan balance.
Cash-out refinancing typically requires a credit score of at least 620. But a higher score (720 and up) will earn you a lower mortgage rate and help you save on interest costs.
2. Home equity loan
Another option is a home equity loan. As with a cash-out refinance, the amount you can borrow is based on your home’s value. Your loan terms will also depend on your credit score.
Homeowners can typically borrow up to 80% of their home’s equity with a home equity loan, which is also known as a second mortgage. However, some smaller banks and credit unions may allow you to pull out up to 100% of your equity.
Once approved, you’ll receive the entire loan amount in cash to use as you wish. Then you’ll repay the loan with interest by making monthly payments.
Home equity loans have higher interest rates than refinancing but lower interest rates than credit cards or personal loans. Since it’s an installment loan with a fixed interest rate, you’ll also have a fixed monthly payment.
Many lenders set their minimum credit score for a home equity loan between 620 and 700.
Verify your home equity loan eligibility. Start here
3. Home equity line of credit (HELOC)
A home equity line of credit is similar to a home equity loan. But rather than receiving a lump sum of cash, borrowers can draw from a line of credit as needed.
Home equity lines of credit often have a draw period of 10 years, meaning you can borrow from the credit line and repay it as often as you want within that time frame. After the draw period ends, there’s typically a repayment period of up to 20 years, during which you cannot borrow from the HELOC and must repay any outstanding balance with interest.
Check your HELOC options. Start here
A HELOC is a revolving account, like a credit card, so the amount borrowed determines your monthly payment. HELOCs usually have variable interest rates.
How to choose a loan on a home you own outright
Although you have several options when getting a loan on a home you own outright, the right mortgage depends on your specific goals. Here’s how to choose the best loan for your financial situation.
Talk to a lender about your mortgage options. Start here
You need cash to buy another property. You can purchase a new property with the aid of a cash-out refinance or a home equity loan. Both loans give you a lump sum payment up front and let you extend the fixed repayment term over a longer period of time. HELOCs can have higher interest rates and variable rates, leaving you with less certainty about your future rate and monthly payments HELOCs can have higher interest rates and variable rates, leaving you with less certainty about your future rate and monthly payments
You want to make home improvements. Home equity loans and HELOCs can be used to improve your home by making renovations or repairs. A home equity loan is great for a single project, while a HELOC is better for completing several projects over many years. You can also use a cash-out refi, but if you extend your loan term, you may pay more in interest over the life of the loan. This could make it harder for you to pay off your mortgage and add value to your home.
You want to consolidate high-interest debts. A cash-out refinance is a way to use home equity to pay off high-interest debts, such as credit card debt or personal loans. It can be a smart way to save money on interest, but it has risks, such as a risk of foreclosure and using a long-term asset, the value of your real estate, to pay for shorter-term needs
Regardless of the type of loan you choose, request quotes from at least three mortgage lenders to compare interest rates, discount points, and upfront fees. This will help you get the best deal.
Pros and cons of getting a loan on a home you already own
Leveraging a fully paid-off home for a loan comes with its own set of benefits and drawbacks. Here’s what you should consider before opting for a home equity loan.
Verify your home equity loan eligibility. Start here
Pros
Enjoy cost-effective borrowing. Home loans, when taken against a fully-owned property, typically offer more competitive interest rates than personal loans or credit cards. This is due to the house acting as a guarantee. Moreover, when opting for a new loan like a refinance, the associated closing expenses might be on the lower side
Unlock most of your home’s value. With no existing liens on your property, such a loan lets you access a large part of your equity. Lenders find this arrangement favorable, knowing you’ve successfully cleared a first mortgage. It’s important to keep in mind that the property’s valuation and your credit history will still determine the loan amount
Benefit from fixed-rate repayments. Such home loans usually come with fixed interest rates, ensuring consistent monthly outflows throughout the loan’s tenure
Flexibility in how you use your money. The loan amount can be channeled into various needs, be it home refurbishments, debt clearance, or any significant expenditure
Potential tax benefits. If the loan amount is reinvested into property enhancements, the interest might be deductible, giving it an edge over other financial products like personal loans or credit cards
Cons
Your property is on the line. If you default on the home equity loan repayments, you risk losing your fully owned home to foreclosure
It might cost more than other home loans. Generally, home equity loans have steeper interest rates compared to refinancing options and Home Equity Lines of Credit (HELOCs), making them potentially pricier
Be prepared for closing costs. Typically, these can range from 2% to 5% of the loan value, adding to the overall cost
Repayment terms might be rigid. Unlike some other options, such as HELOCs, which offer flexibility in repayment and re-borrowing, home equity loans have a fixed repayment schedule
Risk of the loan exceeding the property value. If you secure a loan on a home you own outright prior to a downturn in the property market, you might find yourself owing more than the property’s worth
3 things to consider before getting a loan on a home you already own
Considering taking a loan on a home you own outright? It’s an important decision with several facets to consider. Let’s delve into three key aspects:
1. Do you really need the liquidity?
What’s your primary motivation for tapping into equity? If you’re planning significant home improvements that could enhance its market value, that’s a strategic approach.
However, if the goal is to address other debts or make purchases that won’t hold their value, exercise caution. You wouldn’t want to jeopardize your home without good reason.
2. How much do you need to borrow and for how long?
The size of your loan will directly determine your monthly commitments. When considering a larger loan amount, it’s important to evaluate the monthly payments, interest rate, and the loan’s lifespan. If you’ve been enjoying a mortgage-free status for a while, it’s worth reflecting on whether you’re ready to recommit to a long-term debt.
3. Are you financially stable?
A few things to consider here. First, ensure that the monthly payments of the new loan align with your budget without overstretching. You should also ensure the offered rate is competitive and aligns with current market rates.
Lastly, always consider if there might be more suitable alternatives. Sometimes, continuing to save or exploring other financing avenues might be more beneficial.
Remember, leveraging your home’s equity is a significant step, and it’s essential to make decisions that resonate with your long-term goals and financial well-being.
How to get a loan on a home you own outright
Getting a home equity loan on home you own outright can be a smart financial decision, allowing you to tap into the equity you’ve built. It can be used for various purposes, such as home improvement, debt consolidation, or funding a significant purchase.
Verify your home equity loan eligibility. Start here
Here is a step-by-step guide on how to obtain a home equity loan on a fully paid-off house:
Determine your needs: Before applying for a home equity loan, identify why you need the loan and how much you want to borrow. Keep in mind that borrowing more than you need might lead to increased costs and interest rates.
Calculate your equity: Equity is the difference between your home’s current market value and any outstanding debts secured by the property. Since your house is paid off, your equity is equal to the current market value of your home. You can calculate your home’s equity using online tools or consulting a local real estate agent.
Check your credit score: A good credit score is essential for obtaining a home equity loan with favorable terms. Check your credit report for any errors and take steps to improve your credit score, if necessary, by paying off outstanding debts and ensuring timely bill payments.
Shop around for lenders: Research various financial institutions, including banks, credit unions, and online lenders, to find the best home equity loan terms and interest rates. Compare loan offers and choose the one that best suits your needs.
Gather necessary documents: Prepare the required documentation, including pay stubs, W-2 forms, bank statements, and tax returns.
Apply for the loan: Fill out the loan application and provide the required documentation. The lender will review your application and determine whether you qualify for the loan.
Close the loan: If you are approved for the loan, you will need to sign the loan documents and pay any closing costs or fees associated with the loan.
Once the loan is closed, you will receive the loan proceeds in a lump sum, which you can use for any purpose. Remember that you will be required to make monthly payments on the loan, and failure to do so could result in foreclosure on your home.
Alternatives to getting a loan on a home you own
Mortgages on your current home aren’t always necessary when buying a second home, vacation home, or investment property.
Verify your eligibility. Start here
“You may already have enough savings for a down payment without tapping into your equity,” says Jon Meyer, The Mortgage Reports loan expert and licensed MLO.
Before getting a loan on a home you own outright, look into mortgage loans that allow low down payments. Home buyers should consider the following types of loans.
Conventional loans
If you’re buying a new home to use as your primary residence, conventional loans allow financing with as little as a 3% down payment. You could qualify with a credit score as low as 620.
At least a 10% down payment is required for a vacation home, 20% to avoid private mortgage insurance, and 20-25% for a rental or investment property.
Check your conventional loan eligibility. Start here
FHA loans
FHA loans require only a 3.5% down payment, allowing FICO scores as low as 580. You cannot use an FHA loan to purchase a vacation home or an investment property. But you can use one to buy a multi-unit property with up to four units, live in one of the units, and rent out the others.
Check your FHA loan eligibility. Start here
VA loans
VA loans are the best option for eligible veterans and service members due to their low mortgage rates, lack of mortgage insurance, and no down payment. However, they can only be used for a vacation or investment home when buying a multi-unit property with up to four units. You can also use a VA loan to buy a second home, but only if the second home becomes your primary residence.
Check your VA loan eligibility. Start here
Interest rates for a second home
If you’re using cash from your equity to buy another home, make sure you understand how interest rates work on a vacation home, second home, and investment property.
Check your loan options. Start here
Since the new home won’t be your primary residence, you can expect a slightly higher mortgage rate. This rate increase protects the lender because these properties have a higher risk of default. That’s because mortgage lenders know that in the event of financial hardship, homeowners prioritize paying the mortgage on their primary home before a second home or investment property.
But although you’ll pay a higher rate when buying a second home, shopping around and comparing loans can help you save. To see the impact of higher mortgage rates, you can experiment with a mortgage calculator.
FAQ: Loan on a home you own outright
How do you get a loan on a home you own outright?
To obtain a loan on a home you own outright, you can approach a financial institution or lender and apply for a home equity loan, HELOC, or cash-out refinance. The process typically involves an assessment of your property’s value, a review of your credit history, and verification of your income sources. Once approved, you can use your home as collateral to secure the loan.
What does it cost to get a loan on a house you own outright?
The costs associated with getting a loan on a house you own outright can vary based on the lender and the type of loan. Common expenses include appraisal fees to determine the home’s value, origination fees, title search fees, and potential closing costs. If you’re considering a reverse mortgage, there might be additional fees and insurance costs involved.
How much can you borrow against a house if you owe more than it’s worth?
If you owe more on your home than its current market value, you’re in a situation known as being u0022underwateru0022 on your mortgage. In such cases, borrowing additional funds against your home can be challenging. Lenders typically want the home’s value to exceed the loan amount to minimize their risk. However, some government programs might assist homeowners in this situation, but a reverse mortgage might not be an option unless there’s sufficient equity in the home.
What is the maximum amount I can borrow against a home that I own outright?
Typically, for home equity loans, lenders allow you to borrow up to 80-90% of your home’s value. But the maximum amount you can borrow against a home you own outright depends on several factors, including the home’s appraised value, your age (especially if considering a reverse mortgage), current interest rates, and lender-specific guidelines.
Should you mortgage the house you own?
Owning your home outright provides a valuable equity cushion, and it’s exciting when you no longer shoulder the burden of monthly mortgage payments. The good news is that you don’t have to sell your home to access your equity.
Using a cash-out refinance, home equity loan, or home equity line of credit, homeowners can pull cash from their equity and use the money for many different purposes.
Make sure you understand the pros and cons of each type of financing and choose the best one for you based on your specific goals.
Time to make a move? Let us find the right mortgage for you