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Tuesday, April 24, 2007

Mortgage Rates Remain Quiet

Here we are looking at mortgage rates for the first week of the year's second quarter and we might as well be looking at the rates for the beginning of the year. For fourteen week rates have moved up and down within a narrow range of 14 to 20 basis points, ending up, in the case of the 30-year fixed-rate mortgage (FRM) almost exactly where it began the year.

In a statement accompanying the release of Freddie Mac's Primary Mortgage Market Survey for the week ended April 5, Frank Nothaft, Freddie Mac vice president and chief economist remarked, "Mortgage rates have remained within a narrow band of 0.1 percentage points over every week in March. This relative stability is due to mixed economic data releases as to how strong the economy is and whether future inflation will recede. One bright spot this week came from an unexpected increase in pending home sales for February, which suggests the housing market is still healthy."




"Looking forward, the upcoming March employment report and producer price index should offer further insight into the current state of the economy and give us an idea where interest rates are headed in the future."

However, Freddie Mac's Economic and Housing Market Outlook for April, which will be discussed separately, doesn't forecast a lot of changes in rates, even as far out as 2009.

But back to the first week in April. The 30-year FRM averaged 6.17 with 0.4 point compared to 6.16 percent and 0.4 point the previous week. The 15-year FRM also moved up one basis point to 5.87 percent and fees and points increased from 0.4 to 0.5. This product started the year at 6.18 percent.

The five-year Treasury indexed hybrid adjustable rate mortgage (ARM) was a little more active, averaging 5.92 percent with 0.6 point. Last week it was 5.88 percent with 0.5 point. The one-year ARM, however, only moved up one basis point to 5.44 percent with fees and points unchanged at 0.6.

Rates were a little more active among respondents to the Mortgage Bankers Association's Weekly Mortgage Applications Survey for the week ended April 6. The average contract interest rate for 30-year FRMs was up three basis points to 6.16 percent with points, including the origination fee, up from 1.25 to 1.39. The 15-year FRM went from 5.85 percent during the week ended March 30 to 5.91 percent with points increasing to 1.15 from 1.09. The one-year ARM was up one basis point to 5.88 percent with points increasing to 0.75 from 0.72.

Mortgage application volume was down 0.4 percent on a seasonally adjusted basis from the previous week and up 0.1 percent on an unadjusted basis. In spite of the distractions of Passover and Easter, applications were up 10.8 percent compared to the same week one year ago.

Refinancing represented 42.8 percent of all mortgage activity, down from 44.5 the previous week and the adjustable rate mortgage share of applications continued to fall, with 18.7 of all applicants taking that option compared to 19.2 percent the previous week.

Legal Aspects

There are essentially two types of legal mortgage.

Mortgage by demise

In a mortgage by demise, the creditor becomes the owner of the mortgaged property until the loan is repaid in full (known as "redemption"). This kind of mortgage takes the form of a conveyance of the property to the creditor, with a condition that the property will be returned on redemption.

This is an older form of legal mortgage and is less common than a mortgage by legal charge. It is no longer available in the UK, by virtue of the Land Registration Act 2002.

Mortgage by legal charge

In a mortgage by legal charge, the debtor remains the legal owner of the property, but the creditor gains sufficient rights over it to enable them to enforce their security, such as a right to take possession of the property or sell it.

To protect the lender, a mortgage by legal charge is usually recorded in a public register. Since mortgage debt is often the largest debt owed by the debtor, banks and other mortgage lenders run title searches of the real property to make certain that there are no mortgages already registered on the debtor's property which might have higher priority. Tax liens, in some cases, will come ahead of mortgages. For this reason, if a borrower has delinquent property taxes, the bank will often pay them to prevent the lienholder from foreclosing and wiping out the mortgage.

This type of mortgage is common in the United States and, since 1925, it has been the usual form of mortgage in England and Wales (it is now the only form - see above).

In Scotland, the mortgage by legal charge is also known as standard security.

Participants and variant terminology

Legal systems tend to share certain concepts but vary in the terminology and jargon used.

In general terms the main participants in a mortgage are:

Creditor

The creditor has legal rights to the debt secured by the mortgage and often makes a loan to the debtor of the purchase money for the property. Typically, creditors are banks, insurers or other financial institutions who make loans available for the purpose of real estate purchase.

A creditor is sometimes referred to as the mortgagee or lender.

Debtor

The debtor[s] must meet the requirements of the mortgage conditions (and often the loan conditions) imposed by the creditor in order to avoid the creditor enacting provisions of the mortgage to recover the debt. Typically the debtors will be the individual home-owners, landlords or businesses who are purchasing their property by way of a loan.

A debtor is sometimes referred to as the mortgagor, borrower, or obligor.

Other participants

Due to the complicated legal exchange, or conveyance, of the property, one or both of the main participants are likely to require legal representation. The terminology varies with legal jurisdiction; see lawyer, solicitor and conveyancer.

Because of the complex nature of many markets the debtor may approach a mortgage broker or financial adviser to help them source an appropriate creditor typically by finding the most competitive loan. Recently, many US consumers (particularly higher income borrowers) are choosing to work with Certified Mortgage Planners, industry experts that work closely with Certified Financial Planners to align the home finance position(s) of homeowners with their larger financial portfolio(s).

The debt is sometimes referred to as the hypothecation, which may make use of the services of a hypothecary to assist in the hypothecation.

In addition to borrowers, lenders, government sponsored agencies, private agencies; there is also a fifth class of participants who are the source of funds - the Life Insurers, Pension Funds, etc.

Like any other legal system, the mortgage business sometimes uses confusing jargon. Below are some terms explained in brief. If a term is not explained here it may be related to the mortgage loans rather than to the legal process.

Conveyance This is the legal document that transfers ownership of unregistered land.

Disbursements These are all the fees of the solicitors and governments, such as stamp duty, land registry, search fees, etc.

Freehold This means the ownership of a property and the land.

Land Registration This is a legal document that records the ownership of a property and land. This is also known as a Title.

Leasehold This means the ownership of the property and land for a specified period, which may be sold separately from freehold, which may be owned by another person.

Legal Charge This is a legal document that records the data of the rightful owner of a property or land.

Mortgage Deed This is a legal document that stated that the lender has a legal charge over the property.


Sealing Fee This is a fee made when the lender releases the legal charge over the property.

Definition of mortgage

A mortgage is a method of using property (real or personal) as security for the payment of a debt.

The term mortgage (from Law French, lit. death vow) refers to the legal device used in securing the property, but it is also commonly used to refer to the debt secured by the mortgage, the mortgage loan.

In most jurisdictions mortgages are strongly associated with loans secured on real estate rather than other property (such as ships) and in some cases only land may be mortgaged. Arranging a mortgage is seen as the standard method by which individuals and businesses can purchase residential and commercial real estate without the need to pay the full value immediately. See mortgage loan for residential mortgage lending, and commercial mortgage for lending against commercial property.

In many countries it is normal for home purchases to be funded by a mortgage. In countries where the demand for home ownership is highest, strong domestic markets have developed, notably in Spain, the United Kingdom and the United States.

Wednesday, April 18, 2007

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