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 carefully weigh 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 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.
o The APR for a traditional mortgage
takes into account the interest rate charged plus points and other finance charges.
o 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 your
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 are usually 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 questions 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 Plan
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 3 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 onto 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 quarterly on the first
day 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
%
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
2004
4.250
-1.00
3.250
2005
6.250
-1.00
5.250
(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.