Please
review these disclosures and hit continue at the bottom to get the
Home Equity application.
When
Your Home Is On The Line:
What You Should Know About
Home Equity Lines Of Credit
More
and more lenders are offering home equity lines of credit. By using
the equity in your home, you may qualify for a sizable amount of
credit, available for use when and how you please, at an interest
rate that is relatively low. Furthermore, under the tax law -
depending on your specific situation - you may be allowed to
deduct the interest because the debt is secured by your home.
If you are in the market for credit, a home equity plan may be right
for you or perhaps another form of credit would be better. Before
making this decision, you should weigh carefully the costs of a
home equity line against the benefits. Shop for the credit terms
that best meet your borrowing needs without posing undue financial
risk. And, remember, failure to repay the line could mean the loss
or your home.
WHAT IS A HOME EQUITY LINE OF CREDIT?
A home equity line is a form of revolving credit in which your home
serves as collateral. Because the home is likely to be a consumer's
largest asset, many homeowners use their credit lines only for major
items such as education, home improvements, or medical bills and
not for the day-to-day expenses.
With a home equity line, you will be approved for a specific amount
of credit - your credit limit - meaning the maximum amount
you can borrow at any one time while you have the plan.
Many lenders set the credit limit on a home equity line by taking
a percentage (say, 75 percent) of the appraised value of the home
and subtracting the balance owed on the existing mortgage. For example:
Appraisal
of home
$100,000
Percentage
x75%
Percentage
of appraised value
$
75,000
Less
mortgage debt
-$40,000
Potential
credit line
$35,000
In determining your actual credit line, the lender also will consider
your ability to repay, by looking at your income, debt, and other
financial obligations, as well as your credit history.
Home equity plans often set a fixed time during which you can borrow
money, such as 10 years. When this period is up, the plan may allow
you to renew the credit line. But in a plan that does not allow
renewals, you will not be able to borrow additional money once the
time has expired. Some plans may call for payment in full of any
outstanding balance. Others may permit you to repay over a fixed
time, for example 10 years.
Once approved for the home equity plan, usually you will be able
to borrow up to your credit limit whenever you want. Typically,
you will be able to draw on your line by using special checks.
Under some plans, borrowers can use a credit card or other means
to borrow money and make purchases using the line. However, there
may be limitations on how you use the line. Some plans may require
you to borrow a minimum amount each time you draw on the line (for
example, $300) and to keep a minimum amount outstanding. Some lenders
also may require that you take an initial advance when you first
set up the line.
WHAT SHOULD YOU LOOK FOR WHEN SHOPPING FOR A PLAN?
If you decide to apply for a home equity line, look for the plan
that best meets your particular needs. Look carefully at the credit
agreement and examine the terms and conditions of various plans,
including the annual percentage rate (APR) and the costs you'll
pay to establish the plan. The disclosed APR will not reflect
the closing costs and other fees and charges, so you'll need to
compare these costs, as well as the APRs among lenders.
Interest Rate Charges and Plan Features.
Home equity plans typically involve variable interest rates rather
than fixed rates. A variable rate must be based on a publicly available
index (such as the prime rate published in some major daily newspapers
or a U.S. Treasury bill rate); the interest rate will change, mirroring
fluctuations in the index. To figure the interest rate that you
will pay, most lenders add a margin, such as 2 percentage points,
to the index value. Because the cost of borrowing is tied directly
to the index rate, it is important to find out what index and margin
each lender uses, how often the index changes, and how high it has
risen in the past.
Sometimes lenders advertise a temporarily discounted rate for home
equity lines - a rate that is unusually low and often lasts
only for an introductory period, such as six months.
Variable-rate plans secured by a dwelling must have a ceiling (or
cap) on how high your interest rate can climb over the life of the
plan. Some variable-rate plans limit how much your payment may increase,
and also how low your interest rate may fall if interest rates drop.
Some lenders may permit you to convert a variable rate to a fixed
interest rate during the life of the plan, or to convert all or
a portion of your line to a fixed-term installment loan.
Agreements generally will permit the lender to freeze or reduce
your credit line under certain circumstances. For example, some
variable-rate plans may not allow you to get additional funds during
any period the interest rate reaches the cap.
Costs to Obtain a Home Equity Line
Many of the costs in setting up a home equity line of credit are
similar to those you pay when you buy a home. For example:
A fee for a property appraisal, which estimates the value
of your home.
An application fee, which may not be refundable if you are
turned down for credit.
Up-front charges, such as one or more points (one point equals
one percent of the credit limit).
Other closing costs, which include fees for attorneys, title
search, mortgage preparation and filing, property and title insurance,
as well as taxes.
Certain fees during the plan. For example, some plans impose yearly
membership or maintenance fees.
You also may be charged a transaction fee every time you
draw on the credit line.
You could find yourself paying hundreds of dollars to establish
the plan. If you were to draw only a small amount against your credit
line, those charges and closing costs would substantially increase
the cost of the funds borrowed. On the other hand, the lender's
risk is lower than for other forms of credit because your home serves
as collateral. Thus, annual percentage rates for home equity lines
are generally lower than rates for other types of credit. The interest
you save could offset the initial costs of obtaining the line. In
addition, some lenders may waive a portion or all of the closing
costs.
HOW WILL YOU REPAY YOUR HOME EQUITY PLAN?
Before entering into a plan, consider how you will pay back any
money you might borrow. Some plans set minimum payments that cover
a portion of the principal (the amount you borrow) plus accrued
interest. But, unlike the typical installment loan, the portion
that goes toward principal may not be enough to repay the debt by
the end of the term. Other plans may allow payments of interest
alone during the life of the plan, which means that you pay nothing
toward the principal. If you borrow $10,000, you will owe that entire
sum when the plan ends.
Regardless of the minimum payment required, you can pay more than
the minimum and many lenders may give you a choice of payment options.
Consumers often will choose to pay down the principal regularly
as they do with other loans. For example, if you use your line to
buy a boat, you may want to pay it off as you would a typical boat
loan.
Whatever your payment arrangements during the life of the plan -
whether you pay some, a little, or none of the principal amount
of the loan - when the plan ends you may have to pay the entire
balance owed, all at once. You must be prepared to make this balloon
payment by refinancing it with the lender, by obtaining a loan from
another lender, or by some other means. If you are unable to make
the balloon payment, you could lose your home.
With a variable rate, your monthly payments may change. Assume,
for example, that you borrow $10,000 under a plan that calls for
interest-only payments. At a 10 percent interest rate, your initial
payments would be $83 monthly. If the rate should rise over time
to 15 percent, your payments will increase to $125 per month.
Even with payments that cover interest plus some portion of the
principal, there could be a similar increase in your monthly payment,
unless the agreement calls for keeping payments level throughout
the plan.
When you sell your home, you probably will be required to pay off
your home equity line in full. If you are likely to sell your house
in the near future, consider whether it makes sense to pay the upfront
costs of setting up an equity credit line. Also keep in mind that
leasing your home may be prohibited under the terms of your home
equity agreement.
COMPARING A LINE OF CREDIT AND A TRADITIONAL SECOND MORTGAGE LOAN
If you are thinking about a home equity line of credit you also
might want to consider a more traditional second mortgage loan.
This type of loan provides you with a fixed amount of money repayable
over a fixed period. Usually the payment schedule calls for equal
payments that will pay off the entire loan within that time. You
might consider a traditional second mortgage loan instead of a home
equity line if, for example, you need a set amount for a specific
purpose, such as an addition to your home.
In deciding which type of loan best suits your needs, consider the
costs under the two alternatives. Look at the APR and other charges.
You cannot, however, simply compare the APR for a traditional mortgage
loan with the APR for a home equity line because the APRs are figured
differently.
• The APR for a traditional
mortgage takes into account the interest rate charged plus points
and other finance charges.
• The APR for a home
equity line is based on the periodic interest rate alone. It does
not include points or other charges.
Disclosures from Lenders
The Truth in Lending Act requires lenders to disclose the important
terms and costs of their home equity plans, including the APR, miscellaneous
charges, the payment terms, and information about any variable-rate
feature. And in general, neither the lender nor anyone else may
charge a fee until after you have received this information. You
usually get these disclosures when you receive an application form,
and you will get additional disclosures before the plan is opened.
If any term has changed before the plan is opened (other than a
variable-rate feature), the lender must return all fees if you decide
not to enter into the plan because of the changed term.
When you open a home equity line the transaction puts your home
at risk. For your principal dwelling, the Truth in Lending Act gives
you three days from the day the account was opened to cancel the
credit line. This right allows you to change your mind for any reason.
You simply inform the creditor in writing within the three-day period.
The creditor must then cancel the security interest in you home
and return all fees - including any application and appraisal
fees - paid in opening the account.
GLOSSARY
Annual membership or participation fee - An amount that
is charged annually for having the line of credit available. It
is charged regardless of whether or not you use the line.
Annual percentage rate (APR) - The cost of credit on a
yearly basis expressed as a percentage.
Application fee - Fees that are paid upon application.
An application fee may include charges for property appraisal and
a credit report.
Balloon payment - A lump-sum payment that you may be
required to make under a plan when the plan ends.
Cap - A limit on how much the variable-interest rate can
increase during the life of the plan.
Closing costs - Fees paid at closing, including attorneys'
fees, fees for preparing and filing a mortgage, for taxes, title
search, and insurance.
Credit limit - The maximum amount that you can borrow
under the home equity plan.
Equity - The difference between the fair market value
(appraised value) of your home and your outstanding mortgage balance.
Index - The base for rate changes that the lender used
to decide how much the annual percentage rate will change over time.
Interest rate - The periodic charge, expressed as a percentage,
for use of credit.
Margin - The number of percentage points the lender
adds to the index rate to determine the annual percentage rate to
be charged.
Minimum payment - The minimum amount that you must pay
(usually monthly) on your account. In some plans the minimum payment
may be "interest only." In other plans, the minimum payment
may include principal and interest.
Points - A point is equal to one percent of the amount
of your credit line. Points usually are collected at closing, and
are in addition to monthly interest.
Security interest - An interest that a lender takes
in the borrower's property to assure repayment of a debt.
Transaction fee - A fee charged each time you draw on
your credit line.
Variable rate - An interest rate that changes periodically
in relation to an index. Payment may increase or decrease accordingly.
WHERE TO GO FOR HELP
The following federal agencies are responsible for enforcing the
federal Truth in Lending act, the law that governs credit term disclosure
for home equity lines. Any question concerning compliance with the
act by a particular financial institution should be directed to
its enforcement agency.
State Member Banks of the Federal Reserve System
Division of Consumer and Community Affairs
Board of Governors of the Federal Reserve System
20th Street and Constitution Avenue, N.W.
Washington, DC 20551
(202) 452-3946
National Banks
Compliance Management
Office of the Comptroller of the Currency
250 E Street, S.W.
Washington, DC 20219
(202) 874-4428
Federal Credit Unions
Office of Consumer Programs
National Credit Union Administration
1775 Duke Street
Alexandria, VA 22314
(703) 518-6300
Federally Insured Non-Member State-Chartered Banks and Savings Banks
Office of Consumer Affairs
Federal Deposit Insurance Corporation
550 Seventeenth Street, NW
Washington, DC 20429
(800) 424-5488; (202) 898-6005
TDD (800) 452-3151; (202) 898-6726
Federally Insured Savings and Loan Institutions and Federally
Chartered Savings Banks
Consumer Programs Division
Office of Thrift Supervision
1700 G Street, NW, Fifth Floor
Washington, DC 20552
(202) 906-6237
Mortgage Companies
Division of Credit Practices
Bureau of Consumer Protection
Federal Trade Commission
601 Pennsylvania Avenue, NW
Washington, DC 20580
(202) 326-3233
CHECK
LIST
Ask your lender to help you fill out this check list.
Plan
A
Plan
B
BASIC
FEATURES
Fixed
annual percentage rate
___________
___________
Variable
annual percentage rate
___________
___________
Index
used and current value
___________
___________
Amount
of margin
___________
___________
Current
Rate
___________
___________
Frequency
of rate adjustments
___________
___________
Amount/length
of discount (if any)
___________
___________
Interest
rate caps
___________
___________
Length
of Plan
Draw
period
___________
___________
Repayment
period
___________
___________
Initial
fees
Appraisal
fee
___________
___________
Closing
costs
___________
___________
Application
Fee
___________
___________
REPAYMENT
TERMS
During
the draw period
Interest
and principal payments
___________
___________
Interest
only payments
___________
___________
Fully
amortizing payments
___________
___________
When
the draw period ends
Balloon
payment
___________
___________
Renewal
available
___________
___________
Refinancing
of balance by lender
___________
___________
Home
Equity Early Disclosure
Important Terms of Our Home Equity Line of Credit
This
disclosure contains important information about our Home Equity
Line of Credit Plan. You should read it carefully and keep a copy
for your records.
AVAILABILITY OF TERMS: All of the terms described below are
subject to change. If these terms change (other than the annual
percentage rate) and you decide, as a result, not to enter into
an agreement with us, you are entitled to a refund of any fees that
you pay to us or anyone else in connection with your application.
SECURITY INTEREST: We will take a security interest in your
home. You could lose your home if you do not meet the obligations
in your agreement with us.
POSSIBLE ACTIONS: We can terminate your line, require you to
pay us the entire outstanding balance in one payment, and charge
you certain fees, if (1) you engage in fraud or material misrepresentation
in connection with the plan; (2) you do not meet the repayment terms
of this plan; or (3) your action or inaction adversely affects the
collateral or our rights in the collateral.
We can refuse to make additional extensions of credit or reduce
your credit limit if (1) any reasons mentioned above exist; (2)
the value of the dwelling securing the line declines significantly
below its appraised value for purposes of the line; (3) we reasonably
believe that you will not be able to meet the repayment requirements
due to a material change in your financial circumstances; (4) you
are in default of a material obligation of the agreement; (5) government
action prevents us from imposing the annual percentage rate provided
for in the agreement; (6) the priority of our security interest
is adversely affected by government action to the extent that the
value of the security interest is less than 120 percent of the credit
line; (7) a regulatory agency has notified us that continued advances
would constitute an unsafe and unsound business practice; or (8)
the maximum annual percentage rate is reached.
MINIMUM PAYMENT REQUIREMENTS: You can obtain credit advances for 5 years.
This period is called the "draw period." At our option, we may renew
or extend the draw period. After the draw period ends the repayment period will
begin. The length of the repayment period will depend on the balance at the time
of the last advance you obtain before the draw period ends. You will be required
to make monthly payments during both the draw and repayment periods. At the time
you obtain a credit advance a payoff period of 240 monthly payments will be used
to calculate your payment.
The payoff period
will always be the shorter of the payoff period for your outstanding balance or
the time remaining to the maturity date. Your payment will be set to repay the
balance after the advance, at the current annual percentage rate, within the payoff
period. Your payment will remain the same unless you obtain another credit advance.Your
payment may also change if the annual percentage rate increases or decreases.
Each time the annual percentage rate changes, we will adjust your payment to repay
the balance within the original payoff period. Your payment will include any amounts
past due and any amount by which you have exceeded your credit limit, and all
other charges. Your payment will never be less than the smaller of $100.00 or
the full amount that you owe.
MINIMUM
PAYMENT EXAMPLE: If you made only the minimum monthly payment and took no
other credit advances it would take 11 years to pay off a credit advance of $10,000
at an ANNUAL PERCENTAGE RATE of 5.25%. During that period, you would make
132 payments of $100.00.
FEES AND CHARGES: You must pay certain fees to third parties to open the
plan. These fees generally total between $0.00 and $1,200.00. If you ask, we will
provide you with an itemization of the fees you will have to pay to third parties.
FEE REIMBURSEMENT: We
may pay third party fees on your behalf. If we do so, you must keep your plan
open for at least 24 months or be liable to reimburse us for the fees we paid
on your behalf. Any amounts owed for fee reimbursement may be added into your
principal balance.
PROPERTY
INSURANCE: You must carry insurance on the property that secures this plan.
If the property is located in a Special Flood Hazard Area we will require you
to obtain flood insurance if it is available.
REFUNDABILITY OF FEES: If you decide not to enter into this plan within three
days of receiving this disclosure and the home equity brochure, you are entitled
to a refund of any fee you may have already paid.
TRANSACTION REQUIREMENTS: The maximum number of advances you may obtain per
year is 6. After you obtain the first advance, the minimum amount of each subsequent
advance is $500.00
TAX DEDUCTABILITY: You should consult a tax advisor regarding the deductibility
of interest and charges for the plan.
VARIABLE RATE FEATURE: This plan has a variable rate feature and the annual
percentage rate (corresponding to the periodic rate) and the minimum payment can
change as a result. The annual percentage rate includes only interest and no other
costs.
The annual percentage rate is based on the value of an index. The index is the
Prime Rate published in the Money Rates column of the Wall Street Journal.
When a range of rates has been published the highest rate will be used. We will
use the most recent index value available to us as of 30 days before the date
of any annual percentage rate adjustment.
To determine the annual percentage rate that will apply to your account, we add
a margin to the value of the index. If the rate is not already rounded we then
round up to the next .25%.
The
initial annual percentage rate is "discounted" - it is not based on
the index and margin used for later rate adjustments. The initial rate will be
in effect until 6/30/2006. Ask us for the current index value, margin, discount
and annual percentage rate. After you open a plan, rate information will be provided
on periodic statements that we send you.
RATE CHANGES: The annual percentage rate can change semi-annually on the
first date of January, April, July, and October. There is no limit on the amount
by which the annual percentage rate can change during any one year period. The
maximum ANNUAL PERCENTAGE RATE that can apply is 18.0% of the maximum permitted
by law, whichever is less.
MAXIMUM RATE AND PAYMENT EXAMPLES: If you had an outstanding balance of
$10,000, the minimum payment at the maximum ANNUAL PERCENTAGE RATE of 18.0% would
be $154.34. This annual percentage rate could be reached at the time of the 1st
payment.
HISTORICAL EXAMPLE: The following table shows how the annual percentage
rate and the minimum payments for a single $10,000 credit advance would have changed
based on changes in the index over the past 15 years. The index values are from
the last business day of July of each year. While only one payment per year is
shown, payments may have varied during each year.
The table assumes that no additional credit advances were taken, that only the
minimum payments were made, and that the rate remained constant during each year.
It does not necessarily indicate how the index or your payments will change in
the future.
WALL
STREET JOURNAL PRIME RATE INDEX TABLE
Year
(As of the last business day of July)
Index
(Percent)
Margin(1)
(Percent)
Annual
Percentage
Rate
Monthly
Payment
(Dollars)
1991
8.500
-1.00
3.990(2)
100.00
(3)
1992
6.000
-1.00
5.000
100.00
(3)
1993
6.000
-1.00
5.000
100.00
(3)
1994
7.250
-1.00
6.250
100.00
(3)
1995
8.750
-1.00
7.750
100.00
(3)
1996
8.250
-1.00
7.250
100.00
(3)
1997
8.500
-1.00
7.500
100.00
(3)
1998
8.500
-1.00
7.500
100.00
(3)
1999
8.000
-1.00
7.000
100.00
(3)
2000
9.500
-1.00
8.500
100.00
(3)
2001
6.750
-1.00
5.750
100.00
(3)
2002
4.750
-1.00
3.750
100.00
(3)
2003
4.000
-1.00
3.000
100.00
(3)
2004
4.250
-1.00
3.250
100.00
(3)
2005
6.250
-1.00
5.250
100.00
(3)
(1)
This is a margin we have used recently; your margin may be different.
(2) This ANNUAL PERCENTAGE RATE reflects a discount that we have provided recently;
your plan may be discounted by a different amount.
(3) This payment reflects the minimum payment of $100.00.