Tag Archive for mortgage agent

What effect will the mortgage rule changes have on the property market in Canada?

Propertywire.ca

Tougher mortgage rules are getting a failing grade by mortgage industry professionals who say the federal government effectively dropped the ball in a half-hearted attempt to deal with rising consumer debt.

If Ottawa were genuinely interested in tackling high amounts of personal debt, it needs to address other means of high-interest loans such as credit cards, personal loans and lines of credit, they say.

“We need more legislation on access to other types of loans,” says Claire Drage, a mortgage agent with  Dominion Lending Centres Home Capital Solutions Inc. in Oakville, Ont.

“Do you really need a Chase card? Capital One? Visa and Mastercard? Sears? Bay card? There’s so much easy access to high interest consumer debt.”

As for how the mortgage changes will affect the housing industry, Drage suspects it will be business as usual for the most part.

“The demand will still be there,” she says. “Consumers might have to cut their choices a bit. It’s like going to an arcade and winning coupons and instead of getting to choose prizes from the bottom three shelves, now you get to choose from the bottom two.”

In January, federal finance minister Jim Flaherty announced he would shorten the maximum amortization on Canadian mortgages to 30 years from 35 years, and lower the refinancing limit from 90 per cent of a home’s value to 85 per cent. The government also announced it would withdraw insurance on home equity lines of credit.

The move came after reports about the rising debt load of Canadians.  Statistics showed household debt in Canada surpassed the U.S. for the first time in 12 years. Statistics Canada reported the average Canadian debt-to-income ration hit a record 148.1 per cent.

Kristian Harris, a mortgage broker with Monstermortgage.ca in Toronto believes the government’s mortgage changes will have little impact.

“The government’s purpose of making these changes is to slow down the housing market,” Harris says. “They’re worried about consumer household debt. I think this is a sign the government doesn’t think interest rates will rise substantially over the next 12 to 18 months so they felt the need to implement these new rules. If the government thought rates were going to increase significantly, they wouldn’t need to make these changes.”

Although many focus on the mortgage market when it comes to consumer debt, they should also look at the easy access available to many Canadians for other types of credit, he says, adding that the government should eliminate giving credit cards out to students and distributing Visa card applications at hockey games.

Furthermore, Harris doesn’t think the changes are going to impact the industry or the real estate market all that much. The reduction on a mortgage’s amortization period to 30 years will, however, impact some borrowers as to how much they can qualify for. But at about $100 a month on a $300,000 mortgage, the amount is not overly significant.

“It’s only $35 for every $100,00,” he says. “It’s not a huge difference at the end of the day.”

Adam Hawryluk, a mortgage consultant for INVIS Mortgages in Nananimo, B.C., believes the government’s mortgage changes are a step in the right direction. But he would like to see more sweeping changes that also target education and credit regulations addressing the whole spectrum of debt.

Canadians would be better served if they were somehow educated about debt and money issues, he says. In addition, Hawryluk would like to see the government step in to either lower the interest rates that credit card companies are allowed to charge or make access to credit cards more stringent.

“When people are financially extended beyond their means, it’s a scary situation for the whole country,” says Hawryluk. “The mortgage changes are a step in the right direction because we’ve learned from U.S. housing industry.”

The issue of Canadians carrying debts close to or over the edge has been a challenge for many mortgage professionals. Hawryluk recalls an experience with older clients whose monthly debt payments on credit cards and loans climbed to $3,100. The couple had the added burden of being on a fixed income. Fortunately, they had some equity in their home and Hawryluk managed to consolidate their debts in a new mortgage, giving them much-needed breathing space.

“The woman was crying in my office,” he recalls. “They know they’ll never be mortgage free but on a month-to-month basis, they can survive now. They wished they would have come to me years ago.”

Robert McLister, a mortgage professional who writes about the industry for Canadian Mortgage Trends, gives the new mortgage rules a varied critique. Given Canadians’ record debt levels, McLister believes the government had to pull in the reins on borrowing. He’s just not wild about what they decided to focus on.

“The spirit behind it is wise and well intended,” says McLister. “But I think the actual execution of it is poor because it reduces the probability of excess borrowing overall which is great but, at same time, it handicaps highly qualified borrowers that present virtually no default risk for no good reason at all.”

There are many reasons, says McLister, why a borrower might need an additional five per cent on a refinancing. And they don’t have to do with luxury items. He’s referring to being suddenly faced with an illness or a divorce or perhaps having to send your child off to university. The rules also penalize the self-employed person, who might save the extra funds in a mortgage with a 35-year amortization to keep as a back up for their lack of steady income.

“Removing the flexibility from the market in general for people that are extremely low risk makes no economic sense whatsoever,” he adds.

Calgary’s Marty Laframboise, a mortgage broker with VERICO: Mortgage Planning Central, is critical of the changes. He thinks the government should have mandated that if those with strong credit scores  wanted to stay on a 35-year amortization,  they could do so with biweekly accelerated payments, which would automatically reduce the mortgage term down to 30 years.

“I don’t like the changes,” he said. “They should have been handled differently. It really does take a lot of people out of the price range they’re shopping in.”

Laframboise points to a client who had found a house he liked for $425,000, affordable thanks to the 35-year amortization period. The client had the additional stress that his wife wouldn’t be able to see the house until the end of this month, which means the couple will only be able to afford $395,000 on the new 30-year limit.

“The client is now faced with a situation of having to decide whether to take a leap of faith and hope that his wife will like the house or wait until she comes back and look for something $30,000-$35,000 cheaper.”

Drage agrees that the country’s overall financial literacy needs a boost. She thinks money, budgeting and debt should be taught to Canadians once they’re in high school. That, she believes, would help prepare post-secondary school students, who are often introduced to credit cards during their college and university days.

Drage has taken some extreme measures with clients struggling to manage their debt loads. She’s taken scissors with her to a client’s home when working on a refinancing application.

“They wanted to swipe and play instead and swipe and pay,” she says.

She’s even advised clients to tear up all but one main credit card. If the client insists on keeping a second card, Drage has advised that the client keep it frozen in ice in an old plastic container in the freezer.

“There’s a way of thinking that it’s easy to get, so it’s easy to spend,” she says. “It’s just a matter of looking at your situation and being realistic. Have a budget and a plan and spend within your means.”

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How to show a listed property when there are renters on the premises

Helen Morris, National Post

When it comes time to show your home to potential buyers, you will likely have it in the best possible shape. Perhaps you sent the kids to their grandparents, or left your yappy dog with a neighbour during viewings. However, if you are selling a rental property, you can’t ask the tenants to ship out their kids or pets every time you give them 24-hours’ notice that a potential buyer will come knocking.

Real estate agents and mortgage professionals say there are pros and cons when it comes to selling with sitting tenants.

“I think it is definitely a con,” says Teresa Lorusso, sales representative with Freeman Real Estate. “If they’re being inconvenienced because people are coming in and out, tenants can sometimes be difficult. Also, the house is generally not in show-like quality.”

However, with good tenants, it can be a different story.

“It depends on the tenants. If you are selling to people who want to keep the tenants — as long as [the tenants] are not destructive slobs — it’s a good idea [to show the place with them in it],” says Laurin Jeffrey, a real estate agent with Century 21 Regal Realty. “If you’ve got tenants who are leaving soon, and you’re selling to people who want to live in it, then you may want to wait until they move out [before marketing the property].”

If you are selling the property as an investment rather than to an owner-occupier, having existing tenants will affect the buyer’s financing negotiations.

“If that tenant is going to stay there, [the lender] is going to want to see a lease that the tenants have signed to make sure that there definitely is an income stream coming in,” says Anne Marie Froud, a mortgage agent with Invis. “If there isn’t, then they have to qualify the person on their own income.”

Ms. Froud says lenders need at least 20% down and will then allow a portion of the rental income to be used when calculating a borrower’s income stream — usually between 50% and 80%. If there are no tenants, then the lender may use market rents for the income calculation.

“It depends on the lender, whether they will or will not use that market rent,” Ms. Froud says. “Some will still let you use the 80% or 50%, but others will say ‘No, we want it rented out before.’”

Ms. Froud says lenders scrutinize rentals much closer than owner-occupied homes; they want to know what type of property it is and where it is.

“In some [homes] near universities or colleges that people buy to rent out to students,” Ms. Froud says, “lenders are very cautious with that type of a rental because they’re usually not taken care of very well.”

How long your tenants have been living in your property will also influence buyers.

“The length of the lease affects the value of the home,” Ms. Lorusso says. “Whoever buys the house could have a tenant who moved in 20 years ago and is paying really low rent. Nobody is going to want to buy the house with that level of rent.”

Ms. Lorusso says it is not permissible to give tenants notice and then rent out to new ones at a higher rent. However, you can give tenants notice and then move in as an owner-occupier.

Ms. Lorusso says good communication with tenants is key.

“If the tenants are paying a pretty good rent and you’re in a good location, just set some appropriate times up and things will go smoothly,” says Ms. Lorusso, who recently marketed a five-plex with good tenants paying decent rents. “If I’m going to buy a place and I want an investment and there’s a good tenant in there, I’m not going to want the tenant to move.”

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Audit reveals privacy breaches by mortgage brokers

A privacy audit by the Office of the Privacy Commissioner of Canada says several mortgage brokerages “failed to go far enough” to protect the personal information of their clients.

The Office of the Privacy Commissioner of Canada (OPC) says the audit was launched after the brokerages reported 14 data breaches in the space of a few months in mid-2008.  In each case, someone impersonating an experienced mortgage agent downloaded credit reports for people who hadn’t even applied for a mortgage. As a result, the personal information of thousands of people across Canada was compromised.

“The breaches prompted the brokerages to take some positive steps to better protect personal information.  However, our audit found that those changes did not go far enough,” says Privacy Commissioner Jennifer Stoddart.  “As a result, the personal information of clients – not to mention any number of other people with absolutely no connection to the brokerages – was left at risk.”

The audit also raised concerns about data security, haphazard storage of documents containing personal information; inadequate consent by clients; and a general lack of understanding about, and accountability for, privacy issues.

The audit is described in the commissioner’s 2009 Annual Report to Parliament on the Personal Information Protection and Electronic Documents Act (PIPEDA).

Mortgage brokers obtain credit reports from credit reporting agencies in order to assess an individual’s eligibility for a mortgage.   Credit reports contain extensive personal information that can be used by criminals to commit identity fraud.

Following the breaches, the five audited brokerages significantly tightened their practices for hiring agents, says OPC in a news release. “However, the audit found there was a lack of adequate controls to restrict agents’ access to credit reports. Specifically, the web-based tool used to obtain credit reports doesn’t allow brokers to limit the number of credit reports an agent can download.  In addition, there are no technological controls to monitor for, and raise the alarm about, suspicious activity,” says the release.

The OPC says among the other risks to personal information highlighted in the audit:

- Some brokers stacked files containing personal information on the floor or on desks within accessible offices.  One had overflow storage in an unsecured parking arcade.

- Brokers lacked shredders capable of securely destroying documents.  One broker was re-using the reverse side of old, filled-out mortgage applications in order to print out new applications.

- Credit reports were sometimes obtained prior to consent from a client being recorded and there was no ability for clients to opt out of secondary uses of their personal information, such as marketing.

-  There was a lack of training about privacy responsibilities and many agents did not know to whom they should turn with a privacy-related question.  In one case, a broker franchisee stated that his organization’s chief privacy officer was located at the brokerages head office when, in fact, he was the chief privacy officer.

One of the five audited brokerages is no longer in the mortgage broker business.  The four others still operating stated they would implement all of the recommendations in the OPC’s audit report.

“In the wake of our audit, we have ongoing concerns about the controls and safeguards in the way in which credit reports are obtained.  We are following up with the company that provides this tool to mortgage brokers, with industry associations and with Canada’s credit reporting agencies to discuss best practices for the exchange of personal information,” says Elizabeth Denham, the assistant commissioner.  “We are also continuing to work with mortgage broker associations to develop guidance documents that will help them meet their obligations under Canadian privacy law.”

The Canadian Association of Accredited Mortgage Professionals (CAAMP) said it “acknowledges and supports the findings, and is committed to working closely with the OPC to investigate and resolve these problems.”

“CAAMP’s membership takes privacy policies very seriously and intends on following the important recommendations put forward by the OPC,” says Jim Murphy, president and CEO. “CAAMP has an ongoing commitment to improving the information-handling procedures of mortgage brokers and their agents to ensure continued client protection.”

CAAMP says “The vast majority of mortgage professionals have implemented stringent and effective privacy standards.”

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Contact the Jeffrey Team for more information  -  416-388-1960

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