GroupImage
Innello & Company, P.C.
625 Grove Street
Braintree, MA 02184
(781) 843-7600
www.innelloandco.com


Understanding the New Home Mortgage Options


With home prices at historic highs, lenders are coming up with new types of mortgages that make borrowing more affordable. Some of these can be great – and some can be dangerous, depending on your situation. With so many new options out there, you’ll want to be sure you understand all your legal obligations before you buy or refinance and sign on the dotted line.

Traditionally, there were two types of mortgages. Fixed-rate mortgages have an interest rate that stays the same for the life of the loan – usually 30 years. Adjustable-rate mortgages, called ARMs, typically have a lower interest rate at the beginning, but at certain intervals the interest rate changes to reflect market conditions.

The danger with ARMs is that the interest rate will go up and you’ll pay more in the long run. But they can be a smart idea, especially if you plan to move in a few years.

Here’s a look at some of the new products that lenders are offering:

Interest-Only Mortgages. These mortgages let you pay only the interest on the loan in the first few years, rather than paying the interest and part of the principal. The good news is that you get a lower initial monthly payment. The bad news is that you don’t build up any equity in the property in the first few years. If the property’s value goes down, you might end up with a mortgage loan greater than what your home is worth – which could mean big trouble if you have to sell, because you’ll suddenly have to come up with the difference.

Interest-only mortgages are usually ARMs, but recently some banks have begun offering fixed-rate interest-only mortgages.

Option Mortgages. These loans give you the option each month of paying the regular payment amount, or just the interest. Some also give you the option of making a “minimum payment” that is even lower than the amount of the interest.

This can be a great deal for a person who makes a lot of money but whose income fluctuates each month – for instance, a luxury car salesman who works on commission. But it’s also dangerous, because if you make only the “minimum payment,” the amount you don’t pay gets added to the balance of the loan. The result: The total amount you owe gets larger over time rather than smaller.

40-Year Mortgages. In the past, the longest term for a mortgage was typically 30 years. But more banks are now offering 40-year mortgages because, under a recent change in the law, it’s much easier for them to resell these mortgages.

A 40-year mortgage typically offers lower monthly payments, because the payments are stretched out over 10 more years. However, you’ll pay more in interest. With a $200,000 40-year mortgage at a fixed 5.75 percent rate, you’ll pay $92,000 more in interest over the life of the loan than you would with a 30-year loan at the same rate.

While most 40-year mortgages have a fixed rate, some banks are offering them with an adjustable rate.

Piggyback Loans. This is a traditional mortgage for 80 percent of the purchase price combined with a second mortgage (or home equity loan) for some portion of the remaining 20 percent. Normally, if you borrow more than 80 percent of the home’s value, you have to pay for private mortgage insurance, or PMI. With a piggyback loan, you can borrow more than 80 percent and avoid paying PMI. Plus, the interest on the second loan is tax-deductible.

 

Balloon Mortgages. With a balloon mortgage, the interest rate and payments are calculated as though the loan were for 30 years, but the entire balance comes due after a shorter period, such as seven years. (This balance is called a “balloon payment.”) The idea is that after seven years, you’ll refinance the balance. Balloon mortgages are similar to ARMs in that you pay a fixed interest rate for a certain period and then pay a new rate when the period ends. The big difference is that ARMs typically limit how much the interest rate can go up each time there’s an adjustment. With a balloon mortgage, there’s no limit.

Graduated Payment Mortgages. This type of mortgage has a low monthly payment for the first year, and the payment slowly increases each year for five to 10 years, after which it becomes fixed. It’s similar to an ARM, except that you know in advance the amount that your payments will adjust each year.

Typically, the payments for the first few years are less than the amount of interest on the loan – which means that for a while, your mortgage balance will actually increase rather than decrease.

Accordion Loans. An accordion loan has a fixed interest rate, but not a fixed term. You know exactly how much you’ll pay each month, but you don’t know how long you’ll have to pay. If interest rates go up, the length of the mortgage is extended. If interest rates go down, the mortgage is paid off sooner.

Portable Mortgages. A portable mortgage is a mortgage that can be transferred from your existing house to a new house if you move. Usually you pay a slightly higher interest rate to make a mortgage portable. However, if you expect to move in a few years, a portable mortgage can save you the transaction costs of taking out a new mortgage when you move, and will protect you if interest rates go up sharply during that time.

Shared Appreciation Mortgages. These mortgages usually have a low interest rate and generally favorable terms. But they have a catch: When you sell the house, the lender is entitled to a portion of the appreciation (i.e., the difference between what you paid for the property and the amount for which you sell it). Shared appreciation mortgages may make sense if you think you’re buying near the top of the market, and you don’t plan to stay in the house for a long time. But they can be a terrible deal if you stay in the house for many years and its value increases substantially.

Low-Documentation Loans. Traditionally, mortgage borrowers are required to provide extensive documentation of their assets and income and the fact that they have the ability to repay the loan. To streamline the process, some lenders are skimping on their documentation requirements. That can make your life easier – but regardless of what the bank requires, you still need to be sure you’re not biting off more loan than you can handle.

Obviously, mortgage lending is a whole new world. Before you take out a loan, you’ll want to make sure you understand all the legal obligations you’re undertaking.


Line


Some Real Estate Developments Held Up by Eminent Domain Issues


Last year, the U.S. Supreme Court ruled that it was okay for a city to condemn property and give it to a private developer. The court said this was allowed if it was part of a comprehensive plan for economic development, job creation and increased tax revenues.

In that case, the city of New London, Conn. was allowed to knock down private homes and use the land for a development that included a $300 million research facility for a drug company as well as shops, restaurants and a marina.

However, the case provoked a backlash across the country. While there’s no question that a city can condemn someone’s property to make room for a highway, polls showed that most people were very opposed to the idea that a city could take their home away from them and turn it into a luxury condominium, a factory or a Home Depot.

Since the case was decided, legislation has been introduced in more than half the states to curb cities’ ability to use “eminent domain” for private

 

economic development. Such legislation has already been enacted in several states, including Alabama and Delaware.

But even in other states, the political backlash is blocking some development projects that rely on eminent domain. That’s because city politicians don’t want to face angry voters, and developers don’t want the negative publicity that could come from turning people out of their homes.

In St. Louis, for instance, a proposed $30 million project to build condominiums and retail space foundered when one of the owners of the vacant land refused to sell. Rather then have the city take the property by eminent domain, the developer cancelled the project.

The eminent domain issue has created a new wrinkle for many developers and could add to the cost of many new projects.


Line


Do Tenants Have to Pay for Fire Damage?


A tenant who carelessly starts a fire could be on the hook for the amount of the damage, even though the landlord has fully collected for the loss from an insurance policy.

That’s the word from courts in Connecticut and Maryland.

The reason: The insurance company that paid the loss may have the right to sue the tenant for reimbursement.

Many insurance policies say that the insurance company can sue someone for reimbursement if the landlord would otherwise have a legal claim against that person. That means that if the landlord could sue the tenant, then the insurance company can also sue the tenant.

 

So the question is whether the landlord has a right to sue the tenant.

In the Connecticut case, the lease specifically said that the landlord had the right to sue the tenant for carelessly starting a fire.

In the Maryland case, the court gave tenants something of a break. It said that if the landlord had told the tenant that it had insurance, or otherwise caused the tenant to assume that the landlord would collect from the insurance policy rather than suing, then the insurance company can’t go after the tenant for reimbursement.

This is a complex issue, and the result in other states may vary.


Line


Changes to Real Estate Broker Agreement Must Be in Writing


A Texas company hired a real estate broker to sell some of its property. The contract gave the broker a 6 percent commission and stated that any changes to the agreement had to be in writing.

The company later claimed that the broker had verbally agreed to reduce its commission. At the closing, the company insisted on paying the lower amount. The broker didn’t deny that it had made a verbal agreement, but it said that even if it did, it didn’t count because any changes had to be in writing.

 

Result: An appeals court sided with the broker. Since any changes had to be in writing, a verbal agreement wasn’t worth a dime, and the company had to pay the full 6 percent.

However, the broker could face disciplinary action if it acted dishonestly.


Line


Tenants on Active Military Duty Have Some Protection


Tenants who are called to active duty in the military have some legal protections against their landlords under federal law.

First, a tenant who is transferred by the military or who is called up for a deployment of 90 days or more can usually break the lease without penalty.

Second, if a tenant is called to active service and this significantly impairs his

 

or her ability to pay the rent, a landlord is limited in its ability to evict the tenant’s family. Generally, the family can go to court and get an eviction postponed for three months.

There are some additional technicalities in this law, and you should contact us if you have any questions.


Line


Building a Business Property? Some Land Improvements May Be Depreciable


If you’re building a business property, you should be aware that some of your costs for improving the land might be depreciable.

The test is whether the improvements are tied up with the buildings and would be destroyed if the buildings were replaced.

That means that the costs of initially clearing and grading the land are generally not depreciable, because they would be necessary for putting any building on the property.

However, the following improvements could be depreciable if they are specific to the property and would be replaced if the buildings were torn down:

 

• Landscaping

• Trees and shrubbery

• Roads and sidewalks

• Sewers

• Fences

• Irrigation systems

• Grading for patios, parking lots, etc.

Even better, these costs are generally depreciable over 15 years – a much shorter time than for the buildings themselves.



This newsletter is designed to keep you up-to-date with changes in the law. For help with these or any other legal issues, please call our firm today.

The information in this newsletter is intended solely for your information. It does not constitute legal advice, and it should not be relied on without a discussion of your specific situation with an attorney.

67.89.192.195/5.93