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Ask Dr. Don

Today, Dr. Don explains how to determine if you can drop PMI, and discusses the dissolution of assets in a divorce.

Canceling PMI

Dear Dr. Don,
When we bought our house seven months ago, we didn't have 20 percent to put down, so we have been paying PMI. Since then, the house has been appraised at a higher rate, so the mortgage company is willing to drop our PMI, but at a higher interest rate. Is this legal?
David Dropit

Dear David,
I've made a deal with my editor: I don't purport to be an attorney, and he lets me keep writing this column.

The new legislation requires PMI cancellation after a home achieves a loan-to-value ratio of about 80 percent. Unfortunately, the law looks to the declining loan balance as it relates to the initial loan-to-value and not at the home's appreciation.

Your lender is saying that to drop PMI you need a new loan based on a new appraisal. That's not true. What has to happen is the lender has to accept your home's newly appraised value in determining whether the loan-to-value is 80 percent or less. There's not much incentive for the lender to accept the new appraisal.

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Take a look at PMI RESCUE. The organization is an alliance of state-certified residential and commercial real estate appraisers. Their Web site discusses approaches in negotiating with your lender to cancel PMI based on your home's appreciation. I haven't reviewed the guide that the group sells on the site, so don't take this as a recommendation to purchase it. Look at the site to help you define the issues facing you in getting your lender to drop the PMI policy without getting a new loan.

Refinancing after a divorce

Dear Dr. Don,
My husband and I are divorcing after 19 years of marriage. We have agreed to a dissolution of assets. I will get the house and in turn I give up my interest in his 401(k) plan. I will be responsible for the mortgage and the home equity loan payments. The mortgage is at 6.5 percent with nine years remaining on a 15-year loan. The balance is $33,000. I think the equity loan is at 11 percent for 10 years with a $30,000 balance. Should I refinance or leave the loans in place? What are the disadvantages vs. the advantages?
Phoebe Phoenix

Dear Phoebe,
Your ability to qualify for credit will be a major determinant in this decision. If you can't get a mortgage, then there's no decision to be made. If you can get a mortgage and the rate is higher than the estimated blended interest rate of about 8.65 percent, then stick with what you've got. The national average for a 15-year fixed rate mortgage is 7.63 percent and 8.03 percent for a 30-year fixed rate mortgage. I'm assuming you have enough equity in the home to roll these two loans into one mortgage, otherwise you might want to reconsider door No. 2 -- the 401(k) plan. Extending the term, whether it's to 15 or 30 years, will reduce the monthly expense but you'll be paying more in interest by extending. Make sure there's no prepayment penalties on the home equity loan before committing to pay off that loan.

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Bankrate.com writers base their answers on our editorial content and advice of financial professionals. We make no claims or representations about the accuracy, timeliness or completeness of such content, advice or the answers provided to you. Our content, advice and answers are intended only to assist you with your financial decisions. However, by its nature such information is broad in scope. Your financial situation is unique, and our content, advice and answers may not be appropriate for your situation. Accordingly, we recommend that you get different opinions and seek the advice of your accountant and other financial advisers before making any final decisions or implementing any financial or investment strategy.

-- Posted: March 22, 2000

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