Legal Question in Real Estate Law in California

I am in california and am getting conflicting info regarding the DTI requirements of Lenders.

One website says if you have a debt to income Over 65 but under 95% you are a good candidate for a loan mod.

Another website says that if you are not near 50% or too far above it you will not be qualified. Can anyone tell me which one is correct and if they use your gross income or your after taxes income.


Asked on 8/10/09, 10:31 pm

2 Answers from Attorneys

Larry L. Doan Law Office of Larry L. Doan

It depends what loan mod program you are applying for. Obama's program will bring it down to around 31% DTI, or your particular bank's loan mod program, which most likely has its own standards.

95% DTI? That's extremely suspicious. If somebody has that much of their income for debts, how do they even survive (5% left for all other necessary expenses of life)? There's only so much a loan mod can do to reduce such a person's mortgage payments down to let's say 31 to 38% DTI, which is typical. I would be extremely cautious about these loan mod websites out there, which are rampant with fraud.

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Answered on 8/10/09, 11:03 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Be careful about the terminology here. Technically, a debt-to-income ratio is a near-meaningless number, because income is an income-statement concept, whereas debt is a balance sheet concept.

I think the intended ratio should be the relationship between your monthly or annual spendable income, on the one hand, and your monthly or annual fixed obligations for principal, interest, taxes and insurance, on the other.

If you are a million dollars in debt, that's not nearly so significant to compare with your $100,000 salary as is your annual payment on that million. Maybe it's a credit-card balance where the interest rate is 29.99%. Or, maybe it's a loan from Grampa Gus who doesn't charge you interest if you remember his birthdays.

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Answered on 8/11/09, 12:55 am


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