. . . . . . . . . . . . . . . . . . . . . . . . . . Chris DeLoach . . . 843-270-1272 . . . . . . . . . . . . . . . . . . . . . . . .

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Your Mortgage - it's what you give, not what you get

 

Let’s first eliminate a common misunderstanding. Banks do not GIVE mortgages. You do.

If you have a home with a mortgage, the bank owns the mortgage.  How did they get it? You GAVE it to them.  Most people say that they are going to get a mortgage when in fact they are really giving a mortgage.

A mortgage is the legal documentation that gives the lender the right to foreclose.   If you choose not to pay, the mortgage provides the steps the bank will follow in order to regain their investment by selling your house. It also give the legal power to make that sale happen. When you give a mortgage, you are giving to the lender the right to take away your property if you default.

When you purchase a home and you use a lender, the lender will require some sort of promise from you that you will repay a loan.  That promise from you is your “note”. Don't confuse this with the term mortgage. The note is your IOU or promise to pay while the mortgage is the lender’s right to compensation.  (Note:  A Deed of Trust, for practical purposes, is nearly the same as a mortgage).  

You might ask, “… if the bank has a mortgage on my home, do I own my home or does the bank own it? “   That depends on where you live (which state). Who ever owns the title to the property is the owner of the property.

In our state, the state of South Carolina, we are a lien theory state.  That is, the homebuyer owns the title to the property at closing (close of escrow); but, the bank places a lien on the property (described in the mortgage language).

There are circumstances in other states where the bank retains title to the property until the entire series of mortgage payments are paid -- at which time the title is issued to the buyer. This can be the case with certain types of governmental owned properties such as those foreclosed on by the VA (VA Repo) and placed on the market for resale. It is possible, in a case like this, that the VA will retain the title to the property until the second loan is re-paid. Also, with certain forms of owner financing, the previous owner may retain title to the property until all payments are completed (example: contract for deed or land contract).

Yes, the bank owns the mortgage on your home.  But ... YOU get to live in that beautiful home. You might even own it!

  

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Chris DeLoach  chris@houseplanrealty.com

843-270-1272 / 843-654-4578 

 

 

    

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    Shop around

  • Research current interest rates. Check the real estate section of your local newspaper, use the Internet, or call at least six lenders for information.

 

  • Check the rates for 30-year, 20-year and 15-year mortgages. You may be able to save thousands of dollars in interest charges by getting the shortest-term mortgage you can afford.

 

  • Ask for details on the same loan amount, loan term, and type of loan from multiple lenders so that you can compare the information. Be sure to get the Annual Percentage Rate (APR), which takes into account not only the interest rate but also points, broker fees, and other credit charges expressed as a yearly rate.

 

  • Ask whether the rate is fixed or adjustable. The interest rate on adjustable rate mortgage loans (ARMs) can vary a great deal over the lifetime of the mortgage. An increase of several percentage points might raise payments by hundreds of dollars per month.

 

  • If a loan has an adjustable rate, ask when and how the rate and loan payment could change.

 

  • Find out how much down payment is required. Some lenders require 20 percent of the home's purchase price as a down payment. But many lenders now offer loans that require less. In these cases, you may be required to purchase private mortgage insurance (PMI) to protect the lender if you fall behind on payments.

 

  • If PMI is required, ask what the total cost of the insurance will be. How much will the monthly mortgage payment be when the PMI premium is added and how long you will be required to carry PMI?

 

  • Ask if you can pay off the loan early and if there is a penalty for doing so.