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View Poll Results: Do you think "cash back at closing" is illegal?
Cash back at closing is (or should be illegal) at all times 18 32.14%
It's a slippery slope that is doing real damage to the real estate market 9 16.07%
If not illegal, it is at least unethical 4 7.14%
Fine to do. Where do I sign? 25 44.64%
Voters: 56. You may not vote on this poll

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Old 10-10-2007, 12:25 PM
 
Location: Charlotte, North Carolina
5,137 posts, read 16,588,833 times
Reputation: 1009

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receiving cash back from the lender isnt wrong...as it is done with FHA 203K.

receiving cash back from seller is the question on hand.


I misunderstood your posting.....I thought the 'seller' gave cash back.
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Old 10-10-2007, 02:28 PM
 
943 posts, read 4,258,956 times
Reputation: 440
Quote:
Originally Posted by okaydorothy View Post
We have an employee who bought a house last year. He was thrilled that he would be getting cash back at closing. He was getting his deposit back.

But what he didnt and still does not realize is that he is paying for that deposit for 30 years. And at a very high interest. The price of the house was $335,000, he borrowed 106% ; so if my memory is correct, his mortgage is $350,000. He does not have PMI ; because one loan is for 80%, theother is for 26% or so. One loan is 8%, other is 10%.

I am just waiting for to come crying to me that he is in foreclosure. His credit is terrible. His mortgage is over $3000 per month. Which is 3 times what his rent was. His mortgage broker told him he could refinance in a year and cut the payment. But what she didnt forsee, was that realestate prices in NY stopped climbing and have dipped.

Oh well, he should have listened to me years ago when he could have bought a house for around $100,000.

d

Well he didn't listen to you, but I wouldn't be waiting for him to foreclose. I have never foreclosed on a home, but I could never imagine what that feels like. There are some "I told you so's that just aren't worth it" IMO.
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Old 10-10-2007, 02:51 PM
 
Location: Forests of Maine
37,468 posts, read 61,396,384 times
Reputation: 30414
If a borrower is willing to loan you money for more than the purchase price of a home, that is their problem.

What you do with that money is your business. It is not 'income', you borrowed the money and now you owe principle and interest payments on the loan.
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Old 10-10-2007, 07:01 PM
 
69,368 posts, read 64,108,083 times
Reputation: 9383
Quote:
Originally Posted by okaydorothy View Post
We have an employee who bought a house last year. He was thrilled that he would be getting cash back at closing. He was getting his deposit back.

But what he didnt and still does not realize is that he is paying for that deposit for 30 years. And at a very high interest. The price of the house was $335,000, he borrowed 106% ; so if my memory is correct, his mortgage is $350,000. He does not have PMI ; because one loan is for 80%, theother is for 26% or so. One loan is 8%, other is 10%.

I am just waiting for to come crying to me that he is in foreclosure. His credit is terrible. His mortgage is over $3000 per month. Which is 3 times what his rent was. His mortgage broker told him he could refinance in a year and cut the payment. But what she didnt forsee, was that realestate prices in NY stopped climbing and have dipped.

Oh well, he should have listened to me years ago when he could have bought a house for around $100,000.
d
The question comes down to.. does he make enough money to make $3K a month in mortgage payments? Does his wife?

In my situation, I've taken the cash back I received and make more money on interest then I pay on the mortgage.. Borrowing money at a lower interest rate then you pay is smart.

If your employee gets into financial trouble, it wont be over the 6% cash back he received, it'll be because he bought to much house.
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Old 04-01-2008, 04:53 PM
 
5,438 posts, read 5,944,684 times
Reputation: 1134
While cash back from the seller to the buyer outside of closing is illegal, cash back from the real estate broker to his client is not.
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Old 04-01-2008, 04:55 PM
 
Location: Charlotte, North Carolina
5,137 posts, read 16,588,833 times
Reputation: 1009
Disclosed on the HUD or not disclosed?

Quote:
Originally Posted by scgraham View Post
While cash back from the seller to the buyer outside of closing is illegal, cash back from the real estate broker to his client is not.
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Old 04-02-2008, 12:08 PM
 
5,438 posts, read 5,944,684 times
Reputation: 1134
Quote:
Originally Posted by renriq02 View Post
Disclosed on the HUD or not disclosed?
No one has a straight answer.
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Old 04-02-2008, 12:11 PM
 
Location: Charlotte, North Carolina
5,137 posts, read 16,588,833 times
Reputation: 1009
Do you mean workers in the industry or RESPA?

Quote:
Originally Posted by scgraham View Post
No one has a straight answer.
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Old 04-02-2008, 12:18 PM
 
5,438 posts, read 5,944,684 times
Reputation: 1134
Quote:
Originally Posted by renriq02 View Post
Do you mean workers in the industry or RESPA?
RESPA and the industry.
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Old 04-02-2008, 12:34 PM
 
Location: Charlotte, North Carolina
5,137 posts, read 16,588,833 times
Reputation: 1009
If there is no agreement from the seller/lender, then it is considered illegal.

Just to suggest that you will not notify the lender (who is lending the money), and HUD/RESPA (who regulate lending transactions), then it is considered illegal

[SIZE=3]To understand what RESPA prohibits, you must grasp and thoroughly digest the definition of an illegal kickback. Section 8(a) of RESPA states:[/SIZE]
“No person shall give and no person shall accept any fee, kickback, or thing of value pursuant to any agreement or understanding, oral or otherwise, that business incident to or a part of a real estate settlement service involving a federally related mortgage loan shall be referred to any person.”

There are three elements to an illegal kickback: (1) a “thing of value,” (2) an “agreement or understanding,” and (3) a “referral.” If any of these three essential elements is missing, the activity is not illegal under RESPA. Section 14 of HUD’s Regulation X12 defines each of these three elements:
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