PMI is private mortgage
insurance that protects the mortgage lender against default. PMI allows people to purchase a home by putting less money down usually
3-5% of the purchase price versus the standard 20% down payment. In some
instances, the value of the home exceeds 80% of the outstanding loan and a
lender will cancel the PMI depending on the policy and homeowner payment
history. The homeowner makes monthly
payments and the lender files a claim and receives the payout when a default
occurs.
A portion of PMI
is charged upfront at closing and is typically 1.75% of the sales price. The
remaining fee is charged monthly as part of the mortgage payment (PMI + principal
+ interest + taxes) until the
value of the home exceeds 80% of the outstanding loan balance. For most
homeowners this is usually the life of the loan. Most
PMI premiums remain the same for the
first 10 years of the loan and then reduce to a lower amount.
You must notify your PMI company once 2 mortgage payments
have been missed, or when you file a foreclosure or a short sale has begun. The claim should be filed within 60 days of
the transfer of title. Your PMI company will confirm and verify your coverage is
active and request the necessary documents to process the claim within 20 days
of receipt. Upon receipt of all required documents, the PMI company will review
and finalize the claim. Claim payments are usually scheduled within 60 - 70
days from the date the claim and documentation were received and payments are
paid to the lender. A PMI claim pays 10-35% of the loan payoff amount at
the time of the loss is incurred to the lender.
A lender can agree to accept a settlement sale on a
property instead of a foreclosure and still has the option to file a claim with
the PMI company for the property held in escrow. When a home goes into foreclosure a lender can submit a PMI claim
to pay the cost of processing the foreclosure and for any other associated
costs. However, the PMI company does not have to pay a claim until
there is a foreclosure.
If you decide to do a short sale
you must submit paperwork to your lender who submits it to the PMI company and
requests that the PMI claim be paid prior to foreclosure. The PMI company does not have to pay the
claim to the lender right away and can wait to see if the property goes to
foreclosure. The PMI company may agree
to pay the claim early but usually requires the borrower to pay some money. You are required to pay back the lender
the amount you borrowed minus the principal
you paid off at that time plus any additional fees and costs that you might owe
the lender as a result of defaulting on the loan. If the PMI company determines that the borrower has assets or income to pay the loss the PMI company
may file a lawsuit or threaten legal action if payment is not received. If this occurs contact a real estate lawyer.
When a property is listed as a short
sale all submitted offers must be presented to the lender. The lender has the
option to allow the PMI company to review the offer and accept or decline it.
This process usually takes 30 to 60 days. However, the bank will review the
figures on the offer to ensure that it can claim the maximum amount of PMI from
the escrow account with all submitted offers, and will reserve the right to
counter an offer. Unfortunately, the
homeowner is not eligible for compensation if any profit is made off of the
sale of the home.
If a short sale has remained on the market for over 6 months the
lender has the option to proceed with a foreclosure. The lender can sell the property
to a private investor, sell the property at auction or keep the property and
list the foreclosure sale with a real estate firm and once finalized the
homeowner will be evicted.
The
homeowner does not have to pay any monies: when the lender and borrower no
longer have to repay the full amount, when the borrower files bankruptcy and
all or part of the loan debt is released or in some states where the lender can
only go after the property and can’t go after the borrower for a deficiency
judgment; if you had not been able to repay the loan and the lender had
foreclosed, if you had sold the home as a short sale and the lender agreed to
accept that short amount as full payment for the debt and agreed not to go
after you for the shortage, the lender would not be able to ask you for additional
money.
On a $100,000.00 loan with 20% PMI when the borrower defaults and the
lender takes the property back through foreclosure, the lender will sell the
property. If the net proceeds do not
cover the entire loan plus fees, say a net of
$80,000.00, the lender would file a claim with the PMI company for the 20% that
they lost. The homeowner may have to pay back some money.
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