Trust This. Higher Fees Coming to Cash-Uut Refi’s

Trust This Newsletter

๐Ÿ‘‹ Happy first Friday of 2023 ๐Ÿฅณ ! As foreshadowed last week, this year brings a new name and look for

โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ โ€Œ
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Trust This.

By Joseph E. Seagle, Esq. โ— Jan 06, 2023

Smart Brevityยฎ count: 3.5 mins...991 words

๐Ÿ‘‹ Happy first Friday of 2023 ๐Ÿฅณ ! As foreshadowed last week, this year brings a new name and look for this newsletter. The name comes from our business focus: trusts โ€” land trusts in particular. But, the topics will remain the same, focusing on real estate and business issues of the week, things weโ€™re seeing cross our desks and monitors, and songs that I canโ€™t stop humming. Plus, weโ€™ll be sure that dogs and flowers are prominent subjects of our featured pictures of the day.

Situation Awareness: This week was the first time in 100 years that no Congress existed in the U.S. for an extended period. Until a new Speaker of the House is chosen, no other members of Congress may be sworn in. NPR explains what happened back then and how it eventually ended.

1 big thing: Cash-out refiโ€™s getting tougher

Illustration of hands reaching out for a hundred dollar bill on a fish hook.

The Federal Housing Finance Agency will start charging higher upfront fees for most cash-out refinance loans on February 1.

Higher fees, coupled with higher interest rates, and tougher underwriting standards will make it tougher for homeowners to tap into the average $92,000.00 in equity they have in their homes, according to a report from HousingWire.

  • Freddie Mac also will require that first lien mortgage cannot be refinanced and paid off until the mortgage has been in existence at least 12 months. This seasoning requirement goes into effect on March 7.

  • Mortgage industry professionals expect Fannie Mae to adopt a similar rule soon.

By the numbers:

  • $2,100 = monthly mortgage principal and interest payment for buyer of a median-priced home.

  • Thatโ€™s 63% higher than in 2021.

  • But declining mortgage rates in December saved homebuyers almost $300 a month on their monthly payments over what they wouldโ€™ve been paying at the height in October.

According to the latest report from Redfin, homes that are selling are being sold at about the same price as the prior year, with nationwide prices up just half a percent to $350,000.00, year over year. No inflation here anymore.

Pending home sales dropped 32% to the lowest level since 2015. The biggest drops were in pandemic boomtowns, but none in Florida.

While purchase mortgage applications are down by 12%, probably because of all the December storms and holidays, first-time homebuyers searching for new homes are up about eight percent coming into the new year.

The bottom line: The housing and mortgage markets will remain flat this year.

Go deeper: Redfin

2. Sales and refinancing pitfalls

Photo: Michael Matlan

We learned today that a land trust beneficiary had sold four properties we held in trust.

Why it matters: The title company he used for the closings never contacted us at all to have us sign the deeds or other closing documents. The insured buyers all will have claims under the warranties of title against the beneficiary now.

  • Using an experienced title agency or law firm is imperative in any closing.

  • This beneficiaryโ€™s preferred title agent ignored their title commitment requirements and basic common sense, which would have led them to review the stateโ€™s corporate records and seek us out.

  • Now the beneficiary is in the cross-hairs of at least four lawsuits in the future until we fix the title agentโ€™s errors by signing corrective deeds out to the beneficiaryโ€™s buyers.

What we're seeing: Weโ€™re also hearing a lot of questions about how to refinance properties held in land trusts and limited liability companies.

  • Conventional mortgage lenders who will sell the loan to Fannie Mae or Freddie Mac cannot originate loans unless the borrowers and owners of the property are human beings โ€” no entities or trusts.

  • This narrows the number of potential lenders to commercial banks, private lenders, or large non-conventional mortgage lenders who specialize in loans to investors.

  • Interest rates for non-conventional mortgages are usually higher than for conventional mortgages.

One way to get a lower rate, conventional mortgage for an investment property is to convey the property out of trust or the LLC to a human owner to be the borrower.

Yes, but: Before moving a property out of any entity into a human being, tax advisers and attorneys should be consulted, and a competent closing agent should be engaged. Such a simple act may cost more in tax liabilities and legal liabilities than it is worth in mortgage interest savings.

3. What passed by

For sale sign that says owner wanted
  1. Mashvisor is a real estate app that investors use to search cities. Until January 9, you can get a lifetime subscription at 90% off ($29 instead of $1,499). Mashable

  2. YieldStreet is slashing its investments in single-family home buying by 90% based on the belief that home prices will drop 10% to 15% over the next year. Fortune (Apple News - included) (Web - subscription)

  3. Interest on a home equity line of credit is deductible as long as itโ€™s used properly. CNET

  4. How to adapt to the current real estate market as a buyer. Real Simple

  5. North American Van Lines released its 2022 report on where most movers were heading. Hint: South. The M Report

4. Pic of the day

Squirrel standing under a camellia bush, eating a nut
This little guy enjoys eating a nut under a camellia bush while his buddy hides in the bush, watching him.

The number one resolution is to lose weight.

  • Thereโ€™s a reason that Planet Fitness is the biggest sponsor of the Times Square festivities on New Yearโ€™s Eve.

While Iโ€™m not focused on losing weight, I am focusing on living better and longer. Iโ€™ve subscribed to an app that will continuously track my glucose levels for the next three months while my Apple Watch and iPhone track almost everything related to my health state.

Hereโ€™s to a healthy 2023. If you need the motivation to use that treadmill as more than a glorified clothes hanger, hereโ€™s Olivia Newton-John to help you Get Physical.

We hope you found this helpful โ€” any feedback is appreciated and can be shared by hitting reply or using the feedback feature below.

Be on the lookout for our next issue! ๐Ÿ‘‹

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