New PMI
legislation could save borrowers millions
By Michael
D. Larson Bankrate.com
PMI: A set of three lousy letters that experts
say cost American homeowners dearly through mortgage lender malfeasance
and consumer ignorance.
But thanks to legislation signed last week,
people with small down payments who sign mortgages next summer stand
to save hundreds, even thousands, in private mortgage insurance
premiums.
"PMI is a good tool for some folks because it
allows people who couldn't otherwise get into a home to get into
a home," says Kimo Kaloi, a legislative assistant for the bill's
sponsor, Rep. James Hansen. "But the problem was, the banks and
insurers were abusing this and people were spending millions of
dollars a year."
It's a requirement
Homeowners don't really want it this way, but it's a simple fact
of buying: Mortgage lenders demand insurance to protect their investment,
and they won't sign people up without it. Homeowner's policies are
a standard requirement, as is flood coverage in certain high-risk
areas.
Yet, for borrowers, PMI is a much more obscure product -- borrowers
pay for it, but can't make claims on it. In fact, the only parties
that stand to benefit are the lenders, who use the coverage to make
sure they don't get creamed if the borrower defaults, and the mortgage
insurers, who collect borrowers' monthly premiums.
Typically, customers need to get PMI if they can't come up with
a 20 percent down payment to buy a house -- no small feat for some
people, considering that's $20,000 for a $100,000 property. Then,
they need to maintain the policy until they cross that one-fifth-of-principal
threshold, a process which can take years on longer-term mortgages.
The
bill keeps on coming
Many borrowers found, however, that when they had paid enough off,
they were still sending in PMI premiums, experts say. Or, in plain
English, they were buying an utterly unnecessary product.
That caught plenty of people's attention, but
nobody seemed to do anything about it on a national level, Kaloi
says. Then Hansen ran into trouble with his own lender, who kept
giving conflicting information about what the Utah Republican needed
to do to cancel PMI for the condo he bought near Washington. The
result was a bill to remedy the situation, which was introduced
in Congress in February, 1997, and finally reached President Clinton's
desk for signing July 29.
So,
what's new?
So, what's changed? Mortgage professionals say it's a whole lot
for new homeowners.
"The bottom line is, now their mortgage insurance
will be canceled automatically and that's a big effect," says Sharon
McHale, a spokeswoman for Freddie Mac. "A number of borrowers carry
mortgage insurance when they don't need to."
The law's provisions, which take effect on new
loans initiated a year from last month's signing date, set several
federal disclosure and termination rules.
First, new borrowers will be told at closing
how many years and months it will take for them to pay off enough
of the loan to cancel PMI. Second, mortgage servicers each year
will give all borrowers a telephone number they can call for information
about canceling.
As for the termination portion of the legislation,
it allows most people who reach the 80 percent threshold to request
that their policies be canceled. And lastly, new borrowers who reach
22 percent equity will have their PMI canceled automatically by
the lender.
The
financial impact
To see the financial impact, consider how the new rules would apply
to a $100,000 home with a $10,000 down payment and a resulting $90,000
mortgage.
On a 30-year fixed mortgage at 6.84 percent
(the national average according to Bank Rate Monitor's most recent
survey) monthly payments for principal and interest would be $589.
PMI premiums, meanwhile, would be $39 a month, says Geoffrey Cooper,
a spokesman for Mortgage Guaranty Insurance Corp. in Milwaukee.
Under those conditions, a borrower would have
to make PMI payments until the loan balance dropped below $78,000
-- something that wouldn't happen until nine years and five months
later. While that would cost $4,407 in insurance premiums, the same
person would pay $9,633 more, or $14,040 total, if the PMI ran for
the entire 30-year term.
If any problems come up, Fannie Mae recommends
borrowers contact the Better
Business Bureau or their federal representative.
In the case of a bank lender, a customer can go to the appropriate
regulatory agency, which may be the Treasury's Office
of Thrift Supervision or Federal
Deposit Insurance Corporation.
Is
it enough?
Despite all of its promise, the new legislation still contains some
language that could be problematic, according to Jean Ann Fox, director
of consumer protection for the Washington-based Consumer Federation
of America.
California, Texas, Missouri, Minnesota, Maryland,
New York, Connecticut and Massachusetts have laws on the books now
that control collection of PMI. They have two years to bring those
laws into line with the federal legislation, Fox says.
They also can pass laws tougher than the federal
law. However, the new rules prevent states without PMI statutes
from writing laws of their own.
The law allows lenders to continue requiring
PMI all the way down to 50 percent equity for so-called "high-risk"
borrowers, without defining what the term means.
That in turn could lead to a troubling paradox,
Fox says. If "high-risk" borrowers were defined as those who couldn't
afford to put 20 percent down -- the same ones who now constitute
a sizable portion of people needing PMI -- then who would actually
enjoy the bill's rewards?
"Our concern is if you determine 'high risk'
consumers too broadly, a lot of the people who need the benefit
of this would not get it," Fox says. "We just thought that the bill
could have been much better."
What
is high risk?
As it stands, the task of defining "high-risk" falls to Freddie
Mac and Fannie Mae, the two large government-sponsored corporations
that buy mortgages from lenders, package them, and resell them to
investors. Neither has developed a policy yet, according to representatives,
but certain loans traditionally have been flagged as riskier than
others, says Bob Engelstad, Fannie Mae's senior vice president for
credit policy.
They include cash-out refinance loans, in which
borrowers refinance their first mortgages to larger ones in order
to free up the cash difference for other purposes, and reduced documentation
loans, in which customers provide less proof of income and other
information during the approval process. Loans for people with spotty
credit histories and higher debt-to-income ratios also fall into
that category, Engelstad says.
"Going forward, we'll have to put those guidelines
into some kind of published standard," he adds. "We expect to have
that done by early next year."
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