Frequently Asked
Questions
Is my loan going to get sold?
Assume that your loan will be sold. The good thing about this is that the marketability of
pools of loans as "Mortgage Backed Securities" has led to lower rates for
borrowers. The annoying thing is that your loan may get sold a couple of times in the
first year and you have to keep track of whom you have to pay. While this can be an
inconvenience, particularly if they are in another state and time zone, we feel it is one
of those inconveniences that we all put up with for the sake of lower rates.
As part of the loan documents you will be asked to sign, a form granting recognition to
the fact that your loan may be sold will be included. You will also be provided with a
form from the lender indicating what percentage of their loans have been resold in recent
years.
However, it is important to know that there is a Federal regulation which gives you the
ability to make payments to your old lender for a period of time after your loan is sold.
This will protect you from having your payment reported as "late" if you send it
to the old lender soon after it is sold. Protect your rights in this regard.
What if my lender goes out of
business?
People sometime ask: "If the lender you find for me goes out of business or becomes
insolvent can I be forced to pay my loan off early?". The answer is "No,
never"
If the ownership of your loan is transferred because of
failure it is still governed by the original note and deed of trust. Your note cannot be
accelerated and your rate cannot be modified as a result of the failure. (Ironically, this
is not true of the savings or CD account you might have with a failed institution. There
the principle may be guaranteed but the interest isn't!)
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