Seven Warning Signs Of a Bad
Loan
by Lew Sichelman |
Chances are you know the seven warning
signs of cancer; many people do. But do you know the seven red flags that a
lender is taking advantage of you? Or that the loan you are considering is not
in your best interests?
If not, the Federal Trade Commission warns
in an updated alert, you could end up losing your house and all the equity
you've built up in it over the years.
"Not all loans or lenders are created
equal," the consumer watchdog agency cautions in the revised bulletin.
"Some unscrupulous lenders may offer loans to elderly or low-income
homeowners and those with credit problems, promising that the loan will be based
on the equity of the home, rather than the homeowner's ability to repay
it."
Basically, if a loan sounds too good to be
true, it probably isn't. But beyond that, there are certain tell-tale signs that
something is amiss and you should slow down and proceed with extreme caution.
Avoid any lender who:
Tells or requires you to falsify
information on your application. There is no such thing as a "little white
lie" when borrowing money. If you don't tell the truth, you could go to
jail or be fined. But even if you are not prosecuted, you could be forced to pay
the loan in full right away. Or you could be getting in way over your head and
find yourself on the street.
- Pressures you into borrowing more money
than you need. The only reason a lender wants you borrow more than necessary
is to increase his commission. But you'll probably pay more in interest on
the extra dough than you'd earn in interest by stashing it away in a savings
account. So stick to what you need and ask for no more.
- Pushes you into accepting monthly
payments you can't afford. Figure out whether you have enough coming in to
cover all your monthly bills, including a new or larger mortgage. And don't
forget to have a little cushion for emergencies. If your outflow is more
than your inflow, you will find yourself in trouble rather quickly. Only
Uncle Sam can get away with deficits.
- Fails to provide you with the required
loan disclosures, or tells you don't need to read them. By law, lenders have
to tell you the APR, or annual percentage rate, plus provide an itemized
list of closing costs within three days after you apply.
The APR is a comparison shopping tool
that includes not just the interest rate but also points, broker fees and
certain other credit charges. The list of closing fees, known as a good
faith estimate, will cover these charges as well as everything else you'll
be asked to pay at settlement.
If yours is considered a
"high-rate, high-fee" loan, the Home Ownership and Equity
Protection Act, gives you additional rights and protections. For example, if
total fees and points exceed a certain amount for 2003, the figure is $488
or 8 percent of the total loan amount you must get some disclosure three
business days before closing.
All of this is valuable information, so
take as long as necessary to read it. And if you don't understand it,
consult with someone you trust for an explanation. That could be an
attorney, financial advisor or your local credit counseling agency.
- Promises one thing and delivers another.
If you are presented one set of terms when you apply for the loan and a
completely different set at closing, your antenna should wiggle and you
should demand an explanation. Actually, even if your lender explains what's
going on, it's probably a good idea to step back and take another, harder
look at what he's asking you to agree to. And be prepared to walk away and
take your business elsewhere.
- Tells you it is okay to sign blank
forms. It is never okay to sign a blank form. Period. End of story. So don't
allow the lender to fill in the blanks later. If there is a blank, cross it
out and initial your mark.
- Says you can't have copies of the papers
you are signing. Or won't give you copies of the documents you'll be asked
to sign.
Lenders may not give you the actual
filled-in papers in advance, but they should be willing to give you blank
documents that have not yet been filled in so you can take them home and
review them or show them to a trusted advisor. If they won't, wonder if they
have something to hide.
- And if the lender won't give you copies
of what you've signed at closing, cancel the deal right then and there.
These papers contain important information about your rights and
obligations. If your lender doesn't want you to have a set, something's
terribly wrong.
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