Avoiding Refinancing Fees

Q: DEAR BOB: I’m wondering about mortgage refinance junk fees. I know consumers have the right to avoid these fees, but my experience has been these lender fees usually come at the end of the refinance process, after the mortgage is approved. How should borrowers distinguish between real fees and unnecessary junk fees? Will we ever find a mortgage without junk fees? — Nan S.

A: DEAR NAN: Each mortgage lender is required to disclose all fees in a good-faith estimate, which must be given to you within three days after you submit a written loan application. This form, however, is not binding on the lender, and there is no penalty or legal enforcement for a false estimate. When you spot a junk fee on the estimate, object to it upfront. Unless the lender waives or at modifies the junk fee, maybe you should do business elsewhere.

However, if the lender failed to disclose a fee on the estimate and it later shows up on the closing documents, you are in a strong position to challenge that unexpected fee and negotiate it away.

The best way to determine if a fee is necessary is to ask yourself, “What benefit am I receiving for this fee?” For example, an appraisal fee is a legitimate charge because the lender requires an independent appraisal and you will benefit by knowing the appraiser’s opinion of the property’s fair market value. Other examples of legitimate fees include those for tax service, courier, flood certificate, recording, title insurance and notary. But unnecessary junk charges, which provide the borrower with no specific benefit, include processing fee, application fee, administration fee, documentation fee, warehousing fee, underwriting fee and, when the lender runs out of names, miscellaneous fee.

DEAR BOB: My daughter co-signed a mortgage with her boyfriend about three years ago. They have been split for about two years. He is making the mortgage payments on time. She wants to know how to get herself free of this obligation because he wants to keep the property. — Barb L.

DEAR BARB: If your daughter is a co-signer on the mortgage, there is no way she can get out of that obligation until either the property is sold or the mortgage is refinanced. She should be thankful that the ex-boyfriend makes the payments on time so he doesn’t harm her credit. If your daughter is also a co-owner of the property, she could bring a partition lawsuit to force the property sale unless the ex-boyfriend refinances.

DEAR BOB: My boyfriend and I have owned a home together for about 10 years. We each pay half of everything. But only my name is on the title and the mortgage because his situation was not the best 10 years ago. As we have no plans to marry, how do we get the $500,000 tax exemption, instead of just $250,000, when we decide to sell? — Christi P.

DEAR CHRISTI: Thanks to Internal Revenue Code 121, if you own and occupy the house as your principal residence at least 24 of the 60 months before its sale, you can qualify for up to $250,000 tax-free profit when selling it. However, your boyfriend is not eligible for a $250,000 exemption. Even though he pays half the mortgage, he is not on the title. He is not entitled to claim any itemized income-tax deduction for mortgage interest and property taxes for the same reasons. If you add him to the title and he owns and occupies the house as his principal residence for at least 24 of the 60 months before its sale, then he would become eligible for his own $250,000 exemption.

DEAR BOB: After a legal settlement with the developer of my rental property over water damage, I was still out several thousand dollars more than the payment I received from his insurance. Can this non-insured amount I had to pay to complete the repairs qualify for the casualty loss deduction? — Mike H.

DEAR MIKE: Because this is a rental property, you can deduct your out-of-pocket expense as a repair cost on Schedule E of your income-tax return.

DEAR BOB: What is your opinion of weekend open houses? I am renovating a house so I can sell it for a profit. My real estate agent says he doesn’t do open houses. He says that he has been selling real estate for 20 years and that open houses don’t work. This agent also says that other marketing tools such as ads are worthless and that listing on the local multiple listing service and several Web sites with the right price is the best marketing. What do you think? — Brent H.

DEAR BRENT: I think you are talking to a lazy real estate agent. I’m surprised he has survived 20 years selling houses with such a bad attitude. What is his success record in selling houses like yours? I suggest that you interview two or three other agents who sell homes in your vicinity to compare their listing presentations. The agent you described doesn’t realize open houses are a great place for him to meet prospective buyers and sellers.

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