There are many changes to the Truth-in-Lending Act (TILA) and Home Ownership Equity Protection Act (HOEPA) beginning Oct. 1, 2009. These changes strengthen the provisions of the HOEPA of 2001 which pertains to high cost mortgages. High cost loans have been redefinied to include first mortgages that exceed the current Freddie Mac interest rate by 1.5% and second mortgages that are 3.5% higher. This change greatly expands the number and type of mortgages that are considered high cost loans.
If a loan falls into this category, the lender is prohibited from:
1. Charging a prepayment penalty on loans that have any interest rate or payment change in the first four years. For fixed rate loans, the prepayment penalty cannot be for longer than two years.
2. Making a loan without regards to the borrowers ability to make payments.
3. Making a loan without verifying the borrowers income or assets to close.
4. Prohibit misleading or deceptive advertising including representing that a rate or payment is fixed when it can change.
5. Require escrows or impounds for taxes, insurance, and if required, flood and mortgage insurance.
This rule effectively bans all no doc, low doc, and stated income loans because these will almost always carry an interest rate that is above the limit. In fact, many fixed rate jumbo loans will fall into this category. This may mean a case of too little too late to help because with the death of the mortgage backed security market came the death of sub-prime and low or no doc loans.
On Wednesday, September 23, the FED released the minutes from the August meeting. They have decided to keep the target Fed Funds rate to between 0.0% and 0.25%. They also will continue the purchase of mortgage backed securities through the first quarter of 2010 with the allocated $1.25 trillion. This should keep mortgage rates low, but I expect when the Fed pulls out of the market, rates will rise fairly rapidly. I wouldn't be surprised to see mortgage rates edge back toward 6.0% next spring.
Mortgage rates have remained steady the last few weeks. Currently, high credit score borrowers can get 5.25% with no points and 5.0% with one point.
Guest Author Randy Kelly is a Mortgage Banker and Finance Author with Premier Mortgage.