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dowdy_pants
Aug 18, 2008
So the wife and I have recently learned about the FHA Streamline Refinance programs available. Our current mortgage is through Wells Fargo and after a 30 minute chat on the phone they quoted us 3.75% rate for 30 years, no closing costs. We called a mortgage broker afterward and they quoted 3.75%, but needed some $ for closing and was $25 more per month.

But, here's the kicker. Everything I read says that the Streamline program requires no pull on your credit report, no home appraisal and no proof of income. Hence the "Streamline" name. If you've been making your payments and are current, you're good to go. Apparently that's not the case with Wells Fargo and the broker. Both want check stubs, tax returns, list of our debts, home valuation, etc. Other than the low rate, not sure what the advantage of the streamline process is.

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demozthenes
Feb 14, 2007

Wicked pissa little critta
Many thanks to everyone who responded to my last post - especially Leperflesh who helped me work through the reasoning and pros/cons of buying!

I worked with a seriously awesome realtor for a bit and found a townhouse short sale for well below my price range, so I put in a lowball offer and it's been accepted by the seller. (Still waiting on the bank's approval.) We've been through the inspection and everything important is new and working, but the condo has not passed the fire department's inspection yet and I'm kind of hoping that it doesn't. The one downside to this place is that it's got a steep and narrow iron spiral stair going down to the lower level, and I want that thing gone. The way that my realtor has laid it out for me is this: if it's not up to code then the seller has to deal with it before selling. If it IS up to code then it's my project to fix it, since it's a short sale and those apparently tend to go "as-is."

My realtor is on a short vacation so I figured I'd turn to this thread for advice. If an item isn't up to code, does that commonly throw a wrench into the expected closing date? Since it will need to be fixed before I can move in, do I get any say as to what goes in to replace the spiral stair? (Also, got any recommendations for what kind of stair can go into a pretty small space? I was thinking something like this. Not a fan of those narrow alternating-tread ones.)

Splizwarf
Jun 15, 2007
It's like there's a soup can in front of me!

demozthenes posted:

If an item isn't up to code, does that commonly throw a wrench into the expected closing date?

Yes, repeatedly. For months and months, over and over, until the wrenches get so big that you give up, decide to give the whole house-buying thing a pass and go back to renting.

Your mileage may vary. :v:

demozthenes posted:

Since it will need to be fixed before I can move in, do I get any say as to what goes in to replace the spiral stair?

That's up to your realtor to negotiate ASAP with the seller's agent after the inspection if it comes up the way you want, but odds are low. Especially given that it's a short sale, expect the absolute cheapest shittiest quick-fix possible that will pass code.

Splizwarf fucked around with this message at 19:58 on Sep 21, 2012

Leperflesh
May 17, 2007

dowdy_pants posted:

But, here's the kicker. Everything I read says that the Streamline program requires no pull on your credit report, no home appraisal and no proof of income. Hence the "Streamline" name. If you've been making your payments and are current, you're good to go. Apparently that's not the case with Wells Fargo and the broker. Both want check stubs, tax returns, list of our debts, home valuation, etc. Other than the low rate, not sure what the advantage of the streamline process is.

You are correct, an FHA streamline does not require an appraisal, proof of income, etc. However, it may be that Wells is offering you a rate that is contingent on proof of income, and so if you don't provide that, they won't give you as good a rate? Or something?

When I did my FHA streamline, I did not have to provide any of that stuff. My loan is held by Wells Fargo. I worked with an FHA specialist broker in San Francisco. My new loan was with another bank; Wells bought it back immediately (at the new terms of course). This was in November 2011 so I doubt a great deal has changed since then, but it's possible.

Probably providing proof of income isn't that big a deal, assuming you can actually afford your loan, but having an appraisal done is a big deal unless you are absolutely certain that the value of your home has not gone down one penny from your previous loan. Once an appraisal is done, it's a matter of record and can't be wiped away. I don't know for sure but it seems possible to me that having your house appraised for a lower value could actually provide reason to deny a refinance (even FHA streamline).

So I would insist on not doing the appraisal, and if Wells won't budge, find someone who will. There are plenty of banks and brokers who are actively pushing streamline refis out there.

If you're in the SF Bay Area, send me a PM or email (my user name at gmail) and I'll give you the contact info for my broker.

skipdogg
Nov 29, 2004
Resident SRT-4 Expert

dowdy_pants posted:

But, here's the kicker. Everything I read says that the Streamline program requires no pull on your credit report, no home appraisal and no proof of income. Hence the "Streamline" name. If you've been making your payments and are current, you're good to go. Apparently that's not the case with Wells Fargo and the broker. Both want check stubs, tax returns, list of our debts, home valuation, etc. Other than the low rate, not sure what the advantage of the streamline process is.

The way it works is the FHA doesn't require those things but lenders/originators can put 'overlay' requirements on the loan. Different lenders have different overlays. Wells seems to want proof of income. You can find other brokers that don't have overlays. I don't think Quicken does.

Kali11324
Dec 8, 2004

This space intentionally left blank
I looked through the first page and didn't see anything about Credit Unions versus Banks for mortgages. I currently have a mortgage with Wells Fargo and they called to talk to me about refinancing. The deal is pretty meh. Since our home has lost value our MI is going to go up and eat up the savings from the lower rate. In the end it will be a saving of $145.00 a month.That is without adding anything to the principal to the loan or paying any fees. Basically $145 less a month for free.
I am a teacher and our district and union work closely with Mission Federal Credit Union. I am wondering if it will be a better deal with them.

My other question is, how often can you refi?

skystream92
Jul 1, 2007
I'm hoping to get a bit of advice. My wife and I are buying a house, and we financed a mortgage through a large bank. The builders were scheduled to finish 9/14/12, and that was when the final appraisal was supposed to be completed. Instead, the appraiser went out 9/12/12, and the house wasn't complete. The appraiser indicated as such, and did not go back out 9/14/12. This caused a problem, because we are supposed to be closing today (9/21/12). However, since the appraisal wasn't completed on time, the underwriters weren't able to finish their final paperwork for signing today. The builders are now planning to impose a per diem penalty for each day closing is late.

In addition, the appraisers are saying (there is an email train) that the builders indicated the lot will be completed earl, and to come out for the appraisal early.

In this scenario, what sort of recourse do we have as the buyers? I'm not interested in paying the per diem, as we did everything from a seller's responsibility point of view.

Leperflesh
May 17, 2007

skystream92 posted:

In this scenario, what sort of recourse do we have as the buyers?

You need a lawyer, immediately. Seek legal council.


Kali11324 posted:

I looked through the first page and didn't see anything about Credit Unions versus Banks for mortgages. I currently have a mortgage with Wells Fargo and they called to talk to me about refinancing. The deal is pretty meh. Since our home has lost value our MI is going to go up and eat up the savings from the lower rate. In the end it will be a saving of $145.00 a month.That is without adding anything to the principal to the loan or paying any fees. Basically $145 less a month for free.
I am a teacher and our district and union work closely with Mission Federal Credit Union. I am wondering if it will be a better deal with them.

My other question is, how often can you refi?

A credit union might offer you a better or worse deal. But you should get more than one or two quotes: there are probably forty or fifty banks you could conceivably refinance with, so you won't really know what a good deal is until you get quotes from a bunch of them.

This is why I recommend a broker - they're paid by the bank, so they cost you nothing, and they can comparison-shop for you on a daily or even twice-daily basis, which is important because the deals offered by banks change daily.

I believe an FHA Streamline is limited to no more than one every 6 months. I think for ordinary refinances there's no legal restriction, although having a refi just a few weeks in the past would probably be a red flag to a bank doing another refi for you. In practical terms, it's usually not worth doing again just a couple months later because the upfront costs outweigh the small fraction of a percentage point better rate you are now looking at.

skystream92
Jul 1, 2007

Leperflesh posted:

You need a lawyer, immediately. Seek legal council.


I was thinking this as well; however, is it worth lawyering up instead of paying the per diem (comes out to maybe $600)? Will the lawyer fees exceed this? Just looking for an opinion.

Realjones
May 16, 2004
I'm running the numbers on possibly doing a refi and wanted some thoughts:

$1863 current PI payment with no pmi (did spmi at closing), 4.75% 30 year fixed, ~8% equity with a $348K loan

I could refinance to 3.25% with Amerisave. It looks like closing costs are covered by a credit so I'll just need to pay $1000 or so in transfer taxes/fees + escrow.

new payment 1515 + 185 pmi = 1700

Obviously I'm not thrilled about the PMI, but I would still save $163 a month (break even in six months). Once the PMI is gone it'd be $300+ a month.

I don't have the cash to get to 20% equity to avoid PMI right now.

Assuming the fees are right with a break even of six months it seems like a no brainer to refi, especially considering that someday the PMI will be gone?

Citycop
Apr 11, 2005

Greetings, Rainbow Dash.

I will now sing for you a song that I hope will ease your performance anxiety.

skystream92 posted:

I was thinking this as well; however, is it worth lawyering up instead of paying the per diem (comes out to maybe $600)? Will the lawyer fees exceed this? Just looking for an opinion.

Just my 2c but in my experience with lawyers, whatever you pay them in a fee is in no way a guarantee of any kind of results, it's just a fee.

Leperflesh
May 17, 2007

skystream92 posted:

I was thinking this as well; however, is it worth lawyering up instead of paying the per diem (comes out to maybe $600)? Will the lawyer fees exceed this? Just looking for an opinion.

I don't know. But your initial phone call/half hour consult with a lawyer will (should be) free, and they can advise you about things like this. It could also be that your situation could be resolved simply by having your attorney mail a letter to the other two parties, which might not be that expensive.

It also seems to me that there's the possibility of a lot more financial losses than just the per diem.

There's a he-said-she-said going on between two other parties, and either or both of those parties could choose to lawyer up. You should speak with a lawyer familiar with real estate law, at least for an initial consultation to get some advice, understand what your options are, etc.

moana
Jun 18, 2005

one of the more intellectual satire communities on the web

Kali11324 posted:

I looked through the first page and didn't see anything about Credit Unions versus Banks for mortgages. I currently have a mortgage with Wells Fargo and they called to talk to me about refinancing. The deal is pretty meh.

I am a teacher and our district and union work closely with Mission Federal Credit Union. I am wondering if it will be a better deal with them.
Use http://www.bankrate.com/mortgage.aspx to check out rates from a number of different banks, but I would also check into MFCU in person since you might get a good deal being a teacher.

Dik Hz
Feb 22, 2004

Fun with Science

skystream92 posted:

I was thinking this as well; however, is it worth lawyering up instead of paying the per diem (comes out to maybe $600)? Will the lawyer fees exceed this? Just looking for an opinion.
My thought is that if a contractor is going to dick around with you for a couple days' of per diem costs, they'll dick you over any way they can. Lawyering up would probably cost more than $600, but it may wind up being necessary in the long run.

IntensivePorpoises
Sep 23, 2012
I'd like to refinance my mortgage. Here's my current situation:

Nine years ago I bought a house for 115k, 30 year fixed at 5.75%. It's currently being taxed at 81k. I owe 93k. I'm not in any financial difficulty; my mortgage payment, property tax and insurance are ~15% of my gross pay. My mortgage is owned by a local credit union, not Fannie or Freddie. I'm not a veteran. My credit score was in the 830 range when I checked it last week. As far as I can tell I don't qualify for HARP, HAMP or any other special refinance program.

I got a couple quotes for a new 15 year fixed and they're pretty much the same. Here's an example:

15-Year Fixed Rate
Estimated Monthly Payment: $773.03
Principal and Interest: $528.65
Property Taxes: $83.75
Homeowners Insurance: $131.42
Private Mortgage Insurance: $29.21
Interest Rate: 2.750%
Loan Amount: $77,900
Points/Cost: 0.250 / $195
Principal Payment Required: $16,280
Settlement Costs: $4,950.07
Third-Party Fees: $1,741.79
Lender Fees: $1,309.00
Prepaids and Escrow: $1,899.28
Cash Due at Closing: $21,230.07
Break Even Time: 46 Months

Is this as good as I can expect to get? I really don't want to throw down $21k. Are there any other programs that I might qualify for that I don't know about?

Leperflesh
May 17, 2007

It looks like most of it is that $16k, which I assume is the necessary payment to get your mortgage to breakeven so that you can refinance at all.

However, you should not rely on your county or city's tax assessment to serve as an appraisal of your home. It might be worth more or less than that amount. It will cost you a few hundred bucks, but you might be well-served by getting a proper appraisal done.

All that said: I think you can do better, in terms of settlement costs and third-party fees. You'll also be paying PMI, which could be an additional cost if you are not currently paying PMI.

n8r
Jul 3, 2003

I helped Lowtax become a cyborg and all I got was this lousy avatar
Given the % of your income and the relative cheapness of the house have you thought about just cranking up your principle payments and paying off the house quickly. If you just paid $2000/month or something to the house it may work out better than a refi.

Next-Gen
Sep 22, 2004

Ted Nugent is the next generation in Joint Combat soldiers



You're basically paying a little over 3k out of pocket for the refinance itself; the escrow prefunding and the principal payment are both separate items to be considered. How long are you planning to take to pay off the house, and in that amount of time will you save more money from interest reductions than the settlement costs to refinance?

uwaeve
Oct 21, 2010



focus this time so i don't have to keep telling you idiots what happened
Lipstick Apathy
I have a choice between 3.375% with 0.25 points and 3.5% with 0 points. I figured out the break even time and all, but I was just wondering if this was an unusually low discount fee to get the eighth off the rate? I realize the difference changes daily, but in my limited experience it seems like its usually like 0.75 to 1.0 points to get the eighth percent discount off the rate. Any thoughts?

It's more of a subjective question for someone that sees a lot of loans I guess.

morningdrew
Jul 18, 2003

It's toe-tapping-ly tragic!

Man, house hunting is starting to get frustrating. I've been looking at places for about 3 months now and haven't found anything I like (except the HUD house I missed out on). How long have you guys typically taken to find a house you really dig? I'm not looking for a McMansion or anything but it's been slim pickings in RI so far.

uwaeve
Oct 21, 2010



focus this time so i don't have to keep telling you idiots what happened
Lipstick Apathy

mono posted:

Man, house hunting is starting to get frustrating. I've been looking at places for about 3 months now and haven't found anything I like (except the HUD house I missed out on). How long have you guys typically taken to find a house you really dig? I'm not looking for a McMansion or anything but it's been slim pickings in RI so far.

Six years.

Technically we weren't 100% involved in the process continuously, but we would spend a month or so every 12-18 months actively looking, and just keeping tabs the rest of the time.

emocrat
Feb 28, 2007
Sidewalk Technology
I think it was 9 months of actively looking for me. Not the kinda thing you wanna rush into.

Thwomp
Apr 10, 2003

BA-DUHHH

Grimey Drawer
It took us about four months to find our house.

That said, every market is different and every buyer's needs are different so take all the time you need to find 'the one' because bidding on an also-ran just makes you hate the place and yourself.

morningdrew
Jul 18, 2003

It's toe-tapping-ly tragic!

Oh yeah, I didn't plan on finding something right away. The longer I wait, the more I put into savings, so I'm not really trying to rush into a place. When I started looking in the summer, my plan was to look until about November and take a break for the winter. My apartment is pretty cheap to heat so I'll be able to keep saving up until the spring easier.

daggerdragon
Jan 22, 2006

My titan engine can kick your titan engine's ass.

mono posted:

Man, house hunting is starting to get frustrating. I've been looking at places for about 3 months now and haven't found anything I like (except the HUD house I missed out on). How long have you guys typically taken to find a house you really dig? I'm not looking for a McMansion or anything but it's been slim pickings in RI so far.

Took me 5 months of active looking (on the weekends) to find my house, and another 6 months to get the keys. My mom, also a realtor, always said "You'll know when you find the right house as soon as you walk into it." It's true, it really is, so keep looking.

I was limited in budget ($50,000 max), time (I worked, so I could only go see houses on weekends, early-rear end in the morning, or very late at night), and had a time limit (I wanted out of my ex's house ASAP and couldn't rent because I had 2 cats and a big dog), but I eventually found my house by sheer luck online. My realtor was skeptical about it because it was in a little village in the middle of nowhere way out of my preferred area and literally right next to the railroad, but she set me up an appointment to see it anyway.

I didn't immediately *love*!!!~ the house, but I saw its potential. It was certainly better than all the other houses I visited, and when you're talking 50k max, you see a lot of bad houses... It had good bones despite being on the market, empty, for 2+ years, and badly needed an update. Said update turned into a gut and renovate, but now, I really dig my house.

And I'm never doing that again. >_<

uwaeve
Oct 21, 2010



focus this time so i don't have to keep telling you idiots what happened
Lipstick Apathy

Thwomp posted:

It took us about four months to find our house.

That said, every market is different and every buyer's needs are different so take all the time you need to find 'the one' because bidding on an also-ran just makes you hate the place and yourself.

Confirming this. We had a couple times that we almost pulled the trigger and we are glad we didn't now that we found The One.

I'd encourage you to stay somewhat involved, because you are going to be a much better judge of what is right for you with a lot of houses looked at under your belt. After a couple rounds, we were pretty good at knowing exactly what we wanted and just waited for that to appear on the market. I'm not saying take six years, all I'm saying is avoid the trap of buying the best thing on the market at the time you decided to buy. With a little experience you'll be able to figure out if it's really The One or nothing special.

morningdrew
Jul 18, 2003

It's toe-tapping-ly tragic!

I completely understand about that "you'll know when you walk in" feeling. I haven't gotten that feeling yet, but it's been close. I'm working with a max price of $125k so I've definitely seen my share of run-far-away houses. We've given nicknames to almost all of the houses we've been in, but the most memorable is the HoardHouse. Old guy has been living there for over 40 years, and every room is just filled with trash and random poo poo piled up. The basement is finished, where his son and his girlfriend live. They have a kid who stays upstairs with Grandpa. The basement is littered with Bud Light cans and the downstairs bathroom was so nasty we figured it wasn't used, except the shower was full of recently purchased cleaning items. I felt so bad for our realtor because the first 3 or 4 houses we looked at were horror shows like this.

Leperflesh
May 17, 2007

My wife and I took about six months. The first month we didn't have a realtor and were just going to open houses, though.

We looked at probably 5 to 10 houses every weekend. Often we'd go drive past/walk around foreclosures on Saturday, and then Sunday we'd meet up with our realtor and revisit only the ones we liked, plus a few he'd picked out.

We started looking in about June 2009. We made our first offer on a house in early November 2009, and a couple weeks later, made an offer on the house we bought, which closed Dec. 5th.

There was one house in around October that we would have made an offer on, except as FHA purchasers we weren't allowed to (it was being flipped and there was a rule preventing it).

So, all told I'd say six months of looking at at least 100 houses (with drive by/walk arounds) and going inside and considering seriously at least 40 or so houses, we found three we liked, two we made offers on, and bought one. We had a very wide search area, were shopping for houses under $250k, and looked almost exclusively at foreclosures (we saw maybe two non-foreclosures in that time).

FCKGW
May 21, 2006

We took 2 weekends to find a house, but we had sold our old house already and we had a very small list of "wants", so we put in 4 bids on various houses.

Ended up buying the first house we looked at.

gtkor
Feb 21, 2011

uwaeve posted:

I have a choice between 3.375% with 0.25 points and 3.5% with 0 points. I figured out the break even time and all, but I was just wondering if this was an unusually low discount fee to get the eighth off the rate? I realize the difference changes daily, but in my limited experience it seems like its usually like 0.75 to 1.0 points to get the eighth percent discount off the rate. Any thoughts?

It's more of a subjective question for someone that sees a lot of loans I guess.

Truth be told this is actually how most differences between eights break down.

Thwomp
Apr 10, 2003

BA-DUHHH

Grimey Drawer

mono posted:

Oh yeah, I didn't plan on finding something right away. The longer I wait, the more I put into savings, so I'm not really trying to rush into a place. When I started looking in the summer, my plan was to look until about November and take a break for the winter. My apartment is pretty cheap to heat so I'll be able to keep saving up until the spring easier.

Just as an FYI, don't discount winter house shopping. I've read that the best deals on houses actually come around Christmas ("It's Christmas man, can't you just go a bit lower?").

However, as someone who started house hunting in January in a snow belt state, gently caress walking/standing/trudging around in the winter.

cornface
Dec 28, 2006

by Lowtax

mono posted:

I completely understand about that "you'll know when you walk in" feeling. I haven't gotten that feeling yet, but it's been close. I'm working with a max price of $125k so I've definitely seen my share of run-far-away houses. We've given nicknames to almost all of the houses we've been in, but the most memorable is the HoardHouse. Old guy has been living there for over 40 years, and every room is just filled with trash and random poo poo piled up. The basement is finished, where his son and his girlfriend live. They have a kid who stays upstairs with Grandpa. The basement is littered with Bud Light cans and the downstairs bathroom was so nasty we figured it wasn't used, except the shower was full of recently purchased cleaning items. I felt so bad for our realtor because the first 3 or 4 houses we looked at were horror shows like this.

We looked at one house similar to this. It was an older couple moving to a retirement home. We walked in and there were just tables of crap everywhere, including the driveway, front yard, etc. They said they were having an estate sale and the realtor asked when it was. Apparently it had been ongoing for weeks.

When we first walked in there was an old guy sitting on a chair in the living room with a bloated diabetes leg stuck out in front of him. "They're here to look at the house!" he screams to seemingly nobody. "WHAT??" comes a bellow from upstairs. "THE HOUSE! They are here to look!" At this point the voice upstairs starts spewing vile profanities for several seconds before a kindly old lady emerges and shows us around the house, apologizing for the verbal horrors she had unleashed.

The backyard had been turned into a ramshackle farm at some point and then left to decay. She walked us from one rickety planter to the next, explaining what grew there (spiders, mostly, from what I could gather, but she claimed it was a vineyard at one point).

We finally managed to escape, but not before the old man with the exploding leg tried to finance the sale of the oversized chandelier hanging inexplicably in the living room.

We spent so much time looking online that we only went out with the realtor two weekends and ended up getting one of the first ones we saw.

Splizwarf
Jun 15, 2007
It's like there's a soup can in front of me!

Thwomp posted:

Just as an FYI, don't discount winter house shopping. I've read that the best deals on houses actually come around Christmas ("It's Christmas man, can't you just go a bit lower?").

However, as someone who started house hunting in January in a snow belt state, gently caress walking/standing/trudging around in the winter.

I'd never consider buying with snow on the ground/anywhere, but we started in the height of summer and man, most foreclosures and a good number the other houses were so loving hot inside. On the other hand, that sometimes helped point out some interesting "there forever, like it or leave" smells. :v:

I Love You!
Dec 6, 2002

Thwomp posted:

Just as an FYI, don't discount winter house shopping. I've read that the best deals on houses actually come around Christmas ("It's Christmas man, can't you just go a bit lower?").

However, as someone who started house hunting in January in a snow belt state, gently caress walking/standing/trudging around in the winter.

Houses also move slower around this time, so there's a decent chance the seller is getting a little desperate.

SlapActionJackson
Jul 27, 2006

uwaeve posted:

I have a choice between 3.375% with 0.25 points and 3.5% with 0 points. I figured out the break even time and all, but I was just wondering if this was an unusually low discount fee to get the eighth off the rate? I realize the difference changes daily, but in my limited experience it seems like its usually like 0.75 to 1.0 points to get the eighth percent discount off the rate. Any thoughts?

It's more of a subjective question for someone that sees a lot of loans I guess.

The marginal cost of each 1/8% off the rate goes up as you buy down the rate. If you wanted to buy it down to 3.25%, the next step would cost more than 25bp, and so on. So 25bp to go from 3.5 -> 3.375 isn't unusually cheap with today's rates. Aimloan.com has a nice online quote system that will show you about 10 different rates vs discount points for a given loan product so you can get a feel for what each step should cost.

Captain Windex
Apr 10, 2005
It'll clean anything.
Pillbug

SlapActionJackson posted:

The marginal cost of each 1/8% off the rate goes up as you buy down the rate. If you wanted to buy it down to 3.25%, the next step would cost more than 25bp, and so on. So 25bp to go from 3.5 -> 3.375 isn't unusually cheap with today's rates. Aimloan.com has a nice online quote system that will show you about 10 different rates vs discount points for a given loan product so you can get a feel for what each step should cost.

It also depends on the bank and how they handle coupon breakdowns. It's been a while since I was in the relevant department and we didn't handle the in depth delivery side, but how it was explained to us is basically certain ranges of rates will be grouped together for delivery to Fannie/Freddie/Ginnie and then get sold into a single mortgage backed security (MBS) coupon by the agencies. So the 5% MBS that investors would buy into would really cover loans with rates of say 4.625 - 5.375% such that the overall rate was basically 5%. Generally the difference in pricing between rates within the same coupon would be relatively small, with a larger jump once you hit the break point in rate where it would become a different coupon. The further you got from the par rate (no rebate or discount) the larger the jumps would also become.

Roxy Rouge
Oct 27, 2009

skipdogg posted:

New Hampshire is a recourse state for mortgages, so as far as I see it you have 3 options.

1: Suck it up and wait it out.

2: Discuss a short sale with a real estate attorney

3: Walk away from the mortgage but take a major hit to credit, and probably get sued for the difference between sale price of condo and balance of your mortgage.

Knowing that you can afford the condo, but just don't want to make the payment anymore I can't see a lender agreeing to a short sale, which really leaves option 1 or 3 on the table.

Or option 4. File for chapter 13 bankrupcy as a strategic bankrupcy, surrender the house in full satisfaction of the loan and pay off all unsecured loans, discharge and rebuild credit. Not an especially attractive option but one helpful for those very underwater in a primary home.

tiananman
Feb 6, 2005
Non-Headkins Splatoma
The seller caved and we're getting the price we want, she's covering closing costs and I'm honestly really happy with how the negotiations went - we really squeezed her pretty hard - got her down an additional 5% below her "max pain" point a few weeks ago.

But now... the seller wants to back out of a repair that she said she would make in the SPIR when she listed the house months ago - before we were even under contract. She basically promised to fix an issue BEFORE closing. It's all plain as day in the SPIR. We asked the seller's agent about this issue earlier this week (since we're supposed to close next week) and she threw a fit.

Her agent LITERALLY said it was "unfair" to force her to make this repair after we got the seller down so far from her asking price. Unfair! I feel like I'm playing a board game with a little kid.

We're clearly "legally" in the right on this issue, but the seller could drag this out, make us involve attorneys (which would make everything much more expensive at closing) and basically screw up our moving plans.

Everything is on hold until we find out if this seller plans on following what she contractually obligated herself to do. But I'm honestly done playing games with this lady.

If she doesn't make this repair (which could be upwards of $5k from my estimates) then the whole deal is void and we'll have to walk.

The agents are working on this deal, but I'm just exhausted from this process.

Just another reminder that until the closing date is in your rear view, the process is far from over. And even then...

Has anyone gone through anything like this? A seller trying to whine their way out of a contracted item?

Errant Gin Monks
Oct 2, 2009

"Yeah..."
- Marshawn Lynch
:hawksin:
We looked for 4 years once a year for a month or two and pulled the trigger this year after looking for 4 months and bidding on 3 houses, first one didn't pass inspection, second offer was rejected, and third we bought.

e: as to the above post, gently caress that lady. She is trying to whine because she isnt making as much as she thought she was going to. If she needed that money from the 5% you talked her down, then she shouldnt have agreed to that offer.

Make her fix whatever it is. BTW, besides a new roof or foundation repairs what could possible cost 5k?

Errant Gin Monks fucked around with this message at 16:43 on Sep 28, 2012

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mcsuede
Dec 30, 2003

Anyone who has a continuous smile on his face conceals a toughness that is almost frightening.
-Greta Garbo

tiananman posted:

Has anyone gone through anything like this? A seller trying to whine their way out of a contracted item?

Hell I've had my buyers agent say things like "it'd be unfair" before, it's small town nonsense. Remember that agents aren't even brokers, they're just sales people and don't really understand what the hell is going on half the time. Stick to the contract, enforce everything or have the seller make a concession to get out of that item (via contract...).

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