It seems the majority of buyers these days want to scoop up a foreclosure for a bargain price. And many buyers are finding some great bargains in this market. But buyers and agents need to know that in certain situations, they may have a problem qualifying for a loan on a foreclosure if the sales price is far below the tax appraised value. This is true for any house that's selling below tax appraised value as well, but this seems to be a more common problem with foreclosures since they are often sold at far below tax appraised value. Since debt to income ratios are based on the total PAYMENT and not just the sales price, the DTI can fluctuate depending on how much the taxes are on any given house.
Here's an example of a loan I had recently that ran into a problem:
A buyer came to me wanting to get pre-approved for around $90,000. I pulled his credit, ran him through automated underwriting and was able to secure an approval. I based the tax estimate at 3% just to be ON THE SAFE SIDE in case the taxes ended up being a bit higher in the end. So based on this estimate, automated underwriting calculated a debt-to-income ratio of 44%. I knew just from looking at his credit scores, credit history and reserves that automated underwriting would probably NOT approve him if his DTI were to exceed 45%, so I told him and the realtor not to push the value or we might have a problem getting the loan closed and to also let me know before submitting an offer. The taxes on a $90,000 home in Dallas County should be no more than around $2,500 per year ASSUMING the county has valued the property at close to the sales price.
But what if they don't? In this buyer's case, the home he ultimately chose showed a tax appraised value of $138,000 for a home that was selling for $85,000! And, of course, it was a foreclosure selling at far below market price. So what did that do to his debt-to-income ratio? Blew it through the roof! He was unable to qualify for the loan on this $85,000 house regardless of the fact that he was initially "pre-approved" for $90,000. Again, debt to income ratios are based on total PAYMENT (PITI), not just the sales price and/or loan amount. Since the taxes were much higher on this home, his DTI exceeded 47%, which was outside the boundaries of what automated underwriting would approve and too high for a manual underwrite.
But as luck would have it, he ended up not even winning the bid on this house. He did find another one (with a much lower tax appraised value) and did finally close. If he had won the bid on the first house and I had failed to re-run automated underwriting, this could have turned into a disaster about a week before closing once the underwriter re-ran with the higher taxes.
So this explains one reason why pre-approvals are not always 100% reliable. This is ESPECIALLY TRUE for borrowers who are trying to qualify for as much house as they can possibly afford and are maxing out their DTI ratio limits. It's always a good idea for lenders to re-check debt ratios once a buyer selects a property, and it's always good for realtors to be on the lookout for high tax appraised values. Even if the borrower is lucky enough to qualify with the higher payment, they may not BE COMFORTABLE with the higher payment anyway. So it's more important than just making sure they qualify.
Obviously, in some circumstances, the buyer may be able to protest the tax value of the home once the new tax year rolls around. But lenders WILL NOT accept this as a reason to lower the DTI since there's NO GUARANTEE that the borrower will protest or that they will be successful at convincing the appraisal district to lower the taxes.
John Jones, Realtor(R)
JR Premier Properties
18170 Dallas Parkway, Suite 303
Dallas, TX 75287
Dallas, TX Real Estate and surrounding areas of Richardson, Plano, Addison, Frisco, Carrollton, Farmers Branch, Garland, Allen and Irving.
Dallas, TX neighborhoods and subdivisions of Lake Highlands, White Rock Lake, Lochwood, Eastwood, L Streets, M Streets, Hollywood Heights, Lakewood, Coronado and Gastonwood, Forest Hills, Preston Hollow.
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We've got that situation in a couple of counties around here.
We wrote a $225,000 contract two weeks ago and the taxes were over $5000. It put the house out of qualifying range.
They rented.
John:
Thats good information.
I havn't had that happen and in fact hadn't given it a thought.
Would the lender let you pay taxes in advance or escrow sufficient funds to cover taxes, knowing that an adjustment would be coming?
Hi John
High tax appraisals and high taxes are affecting real estate sales across the country. The tax assessor has to adjust the tax value to the current market value and adjust the taxes.
Good luck and success
Lou Ludwig
Lenn:
Keep your head up. Those people will be buyers one day.
Corie:
They are already building the higher escrow into the payment, which is why it's a problem in the first place. So if you're asking if they could pay additional money at closing to cover the difference, no. The ratios are always calculated on the actual payment with the correct amount of taxes.
Lou: Yes they should, but think about this: Many states and cities are starting to run major deficits in their budgets that are a direct result of the real estate bubble (California being a shining example). So they are not going to be in a rush to do that voluntarily since that will make the problem even worse. We've yet to see all the repercussins from this economic crisis, and the steep drop in tax revenues is going to cause major budget problems for states and cities for the next several years. Politicians have been spending money like crazy based on projections that real estate values would keep going up (ironcially, much the same way that Wall Street based many of their projections). I would stongly recommend all realtors and mortgage professionals educate themselves on the property tax dispute procedures in their respective markets and contact each of their clients at the beginning of the year to inform them of their options. That would be a great way of adding value to our service and will allow us some great opportunities to get referrals.