Home Appraisers for Charlotte, Mecklenburg, Union, NC.
If you put less than 20 percent down on a home mortgage, lenders often require you to have Private Mortgage Insurance (PMI). PMI protects the lender if you default on the loan. The Homeowners Protection Act of 1998 - which became effective in 1999 - establishes rules for automatic termination and borrower cancellation of PMI on home mortgages. These protections apply to certain home mortgages signed on or after July 29, 1999 for the purchase, initial construction, or refinance of a single-family home. These protections do not apply to government-insured FHA or VA loans or to loans with lender-paid PMI. For home mortgages signed on or after July 29, 1999, your PMI must - with certain exceptions - be terminated automatically when you reach 22 percent equity in your home based on the original property value, if your mortgage payments are current. Your PMI also can be canceled, when you request - with certain exceptions - when you reach 20 percent equity in your home based on the original property value, if your mortgage payments are current. One exception is if your loan is "high-risk." Another is if you have not been current on your payments within the year prior to the time for termination or cancellation. A third is if you have other liens on your property. For these loans, your PMI may continue. Ask your lender or mortgage servicer (a company that collects your payments) for more information about these requirements. If you signed your mortgage before July 29, 1999, you can ask to have the PMI canceled once you exceed 20 percent equity in your home. But federal law does not require your lender or mortgage servicer to cancel the insurance. On a $100,000 loan with 10 percent down ($10,000), PMI might cost you $40 a month. If you can cancel the PMI, you can save $480 a year and many thousands of dollars over the loan. Check your annual escrow account statement or call your lender to find out exactly how much PMI is costing you each year. Additional provisions in the law
Next Steps Contact your lender or mortgage servicer to learn whether you're paying PMI. If you are, ask how and when it can be terminated or canceled. For More Information
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On July 29, 1998, Congress enacted the Homeowners Protection Act (HPA) to require lenders to cancel mandatory private mortgage insurance (PMI) on residential mortgage loans under certain circumstances. The Act’s provisions took effect July 29, 1999 and apply to loans consummated on or after that date.
The HPA provides:
(1) A right to cancel when the principal balance of the loan reaches 80% of the original value of the property securing the loan.
The mortgagor has the option of tying the right to cancel to either of the following cancellation dates:
• The date on which the principal balance of the mortgage, based solely on the amortization schedule for the mortgage loan and irrespective of the outstanding balance on that date, is first scheduled to reach 80% of the original value of the property securing the loan; or
•· The date on which the principal balance of the mortgage, based solely on actual payments, reaches 80% of the original value of the property securing the loan.
The mortgage must satisfy the following requirements to exercise this right to cancel:
•· The mortgage must submit a written request for cancellation to the servicer of the loan.
•· The mortgagor must have a "good payment history" on the mortgage loan. This means that the mortgagor has not made any mortgage payment 60 days or more past due during the 24-month period proceeding the cancellation date. In addition, it means the mortgagor has not made any mortgage payment 30 days or more past due during the 12-month period proceeding the cancellation date.
•· The mortgagor must satisfy any requirement of the holder of the mortgage, as of the date of the written cancellation request, for: (a) evidence that the value of the property has not declined below the original value of the property; and (b) certification that the equity of the mortgagor in the residence securing the mortgage is not encumbered by a subordinate lien.
(2) An automatic termination when the principal balance of the loan reaches 78% of the original value of the property securing the loan.
•· On that date the mortgagor must be current on the payments required by the terms of the loan. If the mortgagor is not current on that date, then the PMI requirement must automatically terminate when the mortgagor becomes current on the payments required by the terms of the loan.
(3) An automatic termination when the loan reaches the scheduled midpoint of the amortization period.
•· On that date the mortgagor must be current on the payments required by the terms of the loan. If the mortgagor is not current on that date, then the PMI requirement must automatically terminate when the mortgagor becomes current on the payments required by the terms of the loan.
What about the person who wants to drop their PMI due to their property value increasing and now having 20% equity in the property? The old guidelines apply. Basically, call the servicer of the loan and ask them what their guidelines are. Most lenders will want two years of a good payment history to drop the PMI in cases like this. The HPA permits a lender to offer more generous cancellation and termination polices than those it requires.
THE CANCELLATION AND TERMINATION RULES DO NOT APPLY TO MORTGAGES ORIGINATED BEFORE JULY 29, 1999; MORTGAGES ON OTHER THAN SINGLE-FAMILY DWELLINGS; MORTGAGES ON SECOND HOMES OR NON-OWNER OCCUPIED PROPERTY; MORTGAGES OBTAINED FOR PURPOSES OTHER THAN THE ACQUISITION, CONSTRUCTION OR REFINANCING OF A DWELLING; OR MORTGAGES DESIGNATED AS HIGH-RISK LOANS (EXCEPT THAT AUTOMATIC TERMINATION AT THE SCHEDULED AMORTIZATION MIDPOINT DOES APPLY TO HIGH RISK LOANS).
For information, visit The Federal Trade Commision