Legal Question in Real Estate Law in California

I owe 417k on my 1st and 156k on 2nd.mtg.The 2nd is 10 year HELOC with a ballon payment after the 10th yr. The home is only worth around 300k. The bank lowered my rate on 2nd right after we got the loan. The terms were the same(just lower APR) but we did sign new docs. I called the bank to see what they will do after 10th year but they said they will call us as the loan gets closer to the 10th year. We are 5 years in and are trying to refi under Harp2 but we are not sure due to the 2nd. What options does the 2nd have after the 10th year? Any advice would be appreciated


Asked on 6/07/12, 12:50 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I know with that kind of debt burden and the low interest rates supposedly available today that it must be cery tempting to refinance. Unfortunately, along with low rates have come very demanding and suspicious lenders who want borrowers to have significant equity (20%) and good income and credit scores. On the fortunate side, you have five years (perhaps) to shop for refinancing and perhaps come up with a way to reduce the balance you need to borrow or put more equity into the mix. One suggestion would be to take all your documentation to two or three loan brokers in your area to see if they represent any lenders who'd be interested in your particular situation (principal sum needed, appraisal, income, credit rating, etc.). My sense is that the refi loan market is pretty unfavorable for borrowers who are significantly "under water" right now, but local brokers might be able to help if your income and credit ratings are favorable.

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Answered on 6/07/12, 5:39 pm


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