What to do after your credit has gone bad.

 WHAT TO DO AFTER YOUR CREDIT HAS GONE BAD

It is matter of fact that life can be much unexpected. Perhaps you have been hit hard by this economic downturn or maybe an illness or even just plain old mismanagement has left you with a series of late payments on your credit. No use crying over spilt milk so to speak. So, let’s look at what to do to repair your credit after such an event.

There are three main scenarios we most often see in conjunction with damaged credit:

1. Regular late payments. All types of credit providers report to the credit agencies about you and your repayment history. Cell phones, credit cards, student loans, vehicle or personal loans, lines of credit, and of course your mortgage. You are assigned a credit rating based on if your payments are made on time, if you are at or near limit on your credit cards and a variety of other things. Often the descent into bruised credit starts by missing a payment here and there. Of course the more late payments you have, the more leery a new lender will be to extend you additional credit. If you had a rough patch like this, then the best thing to do is catch up ASAP and do not let it happen again. Lenders will want to see that you have recovered financially and you now mange yourself well. The magic number is 2. They want to see 2 years of perfect repayment on at least 2 credit facilities. After the damage was done, it is imperative that you not have another late payment on anything including your cell phone. It is also a good idea to save some money so they can see you have a fallback position if you lose your job. Finally, keep your credit cards at no higher than 75% of the available credit. It can be a sign of financial distress if you are maxed out.

2. Orderly payment of debts (OPD) – This program is entered into voluntarily by people who need further help. These agencies will meet with you to assess your situation and determine a repayment plan with your creditors. They make calls on your behalf and negotiate for you which will stop the collection calls you may have been receiving. Interest rates are negotiated down and you are set up on a repayment plan to pay your creditors every cent you owe based on your income. Your credit bureau will reflect that you have opted for the OPD which means you have to do some work to be considered for lending later on. Again, the magic number is 2. You need to have 2 credit facilities reporting pristine for 2 years once the OPD reports as complete. At that point many lenders will consider you for mainstream lending. You may have to start with a secured credit card or 2 or a vehicle with a higher interest rate to get back on track.

3. Bankruptcy – In this scenario, you have gone through the formal bankruptcy process which involves a trustee and the court system. Your debt obligations were negotiated down to a fraction of what they were and you have paid out that amount as per your agreement. Two years after you show as formally discharged with 2 years of established credit on 2 credit facilities you will once again be eligible for mainstream lending. Without those criteria you may find yourself paying a higher rate for a mortgage or other loan.

A few extras I would like to point out: If you have ANY late payments after the OPD or bankruptcy, you will likely be turned down for a mortgage at best rates. The lenders will allow that life threw you sideways, but it is up to you to show them it will not happen again. If there was a foreclosure in your past, you are not likely to get any financing for a mortgage unless you are willing to pay some very high interest. Finally, there are companies out there who advertise that they can fix your credit for a fee. Be very cautious in your dealings with them. They can be very expensive and the credit reporting agencies are on record reporting there is NO quick fix for credit issues. Do your due diligence before entering into an agreement with anyone telling you they can fix your credit

Top 10 mortgage mistakes and how to avoid them

Here's a list of the top 10 mortgage mistakes home owners/buyers should avoid when planning to finance a home purchase or refinance an existing mortgage.

Anything on this list should be avoided at all costs to ensure your credit score is as high as possible and that you don’t run into any qualification problems when it comes time to get that sparkling new mortgage. Otherwise you could end up with a higher-than-necessary mortgage rate, or simply get declined!

1. While an obvious no-brainer, avoid bankruptcy or foreclosure. Either could keep you out of the mortgage game for several years.  Also avoid late mortgage payments. Even if your credit score is up to snuff, a late mortgage payment that shows up on your credit report can disqualify you with many banks and lenders. 
2. Not "locking in" a mortgage rate. If you fail or forget to lock an interest rate for your mortgage in the months before you purchase or refinance, rates could increase.  Yes, you have the option to lock and float down a rate, but make sure you understand both options and keep an eye on interest rates before and during the home loan process. 
3. Listing your property on the MLS and then attempting to refinance that same property within six months (or longer). Lenders don’t love the idea of giving you a loan on something you don’t actually want, or tried to get rid of just months before.
4. Applying for a mortgage with charge offs and collections on your credit report (consumers may have these in error. They can be removed via a credit bureau dispute. They crush your FICO score!). Regularly review your credit report to ensure there are no surprises long before you begin the mortgage process.
   
   Put simply, a low credit score will lead to a much higher mortgage rate, and even disqualification if it drives your monthly mortgage payment high enough. Also steer clear of credit counseling. (Many banks and A lenders won’t lend to borrowers who have used these services in the recent past.)
5. Not figuring out how much you can afford well before beginning your property search. You should get pre-qualified or pre-approved before you even start looking at homes. Once you know how much home you can afford based on your salary and assets, you can properly assess the situation. Otherwise you could just be wasting your time and setting yourself up for disappointment.
6. Opening new credit cards or making excessive charges on existing credit lines before and during the loan application process. This can hurt your credit score and increase your debt load, which could lead to disqualification.  See debt-to-income ratio for more on that. You can buy your new leather couch and big-screen TV once the loan is funded and closed.
    
7. Attempting to get a mortgage with less than two years consecutive employment in the same occupation or field (unless you’re a recent grad with proof of future income). You must prove to lenders that you will actually continue to make the money you’re currently making to obtain a mortgage.
8. Trying to get a mortgage without documented 12-month housing history or your own verifiable assets that cover at least two months of your proposed mortgage payment, including taxes and insurance. Yes, lenders want to know that you paid your rent on time previously and have enough in your bank account to cover future payments.
   Oh, and the money needs to be in your account, not under your mattress.  
9. Not establishing your credit history. You generally need at least three credit tradelines (that show up on your credit report) with a minimum two-year history on each. Yes, credit is the root of all evil, but also a necessary one in the mortgage world, that is, unless you plan to pay for your expensive house with cash.
10. Not shopping around. If you don’t take the time to comparison shop, as you would any other product you buy, like a big-screen TV or a car, you’re doing yourself a major disservice. Put in the hours to ensure to find the right bank to work with and snag the best deal or better still, engage the services of a Mortgage Broker. They will do the shopping for you.
    
    Bonus tip: Don’t forget to compare different loan products, such as fixed-rate mortgages vs. variable rate, and conventional loans vs. insured loans. All have their pros and cons, and should be carefully considered before applying for a mortgage. There is no one-size-fits-all approach folks.

*Many mistakes on this list pertain especially to first-time homebuyers. Homebuyers usually always have to verify assets, employment, and credit history. Sure, you might find a lender willing to give you a mortgage without those requirements, but your mortgage rate will be less than desirable!

Do I qualify for a mortgage? I can help. Call me or complete my secure, online mortgage application.

Court rules against landlords access to photograph property

A panel of three Ontario Divisional Court Judges have held that residential landlords are not permitted to photograph a property while it is occupied by a tenant unless the lease explicitly permits such photographs to be taken, or the landlord obtains the express consent of the tenant.

The Ontario Landlord and Tenant Board ordered a tenant to be evicted when she refused to allow the landlord access to the property for the purpose of photographing it so that it could be listed for sale. The tenant refused on the basis that her privacy would be invaded if photographs of her and her children’s personal possessions would be disseminated to the public via the Internet to advance the sale of the property.

The Landlord and Tenant Board held, erroneously, that the lease in question provided the landlord with entry “in any circumstances” and that the landlord was therefore permitted to enter and take pictures. On appeal, the Divisional Court judges noted that the lease did not contain any such provision. 

The Divisional Court reviewed the relevant sections of the Residential Tenancies Act, 2006 that pertain to a landlord’s right to enter the rental premises and found that none of the statutory provisions permitted entry for the purpose of taking photographs to market the property for sale or lease.

Sections 26 and 27 of the Residential Tenancies Act, 2006 provide that a landlord may enter a rental unit for, among other reasons:

1. in cases of emergency;
2. to clean the unit if the lease requires the landlord to do so;
3. to show the unit to prospective tenants (if notice has been given to end the tenancy);
4. to carry out a repair, replacement or to do work;
5. to allow a potential mortgagee or insurer to view the property; and
6. to carry out an inspection of the unit.

A landlord is also permitted to enter a property if they have the consent of the tenant or “for any other reasonable reason for entry specified in the tenancy agreement.”

The Divisional Court noted that the lease in question allowed the landlord to enter on notice “for showing the premises to prospective tenants or purchasers,” but also pointed out that “there is no clause permitted entry by an agent to take photographs in furtherance of a sale.”

The Divisional Court held that the landlord had no right to enter to take photographs without the tenant’s consent (although they could take measurements) and overturned the eviction order that was made on the basis of the tenant’s refusal to allow entry.

Interestingly, the Divisional Court distinguished the current case from a past case where a landlord took photographs of a property in connection with a damage inspection. In that case, the photographs were permitted due to the fact that they were taken in connection with an inspection, which is expressly allowed by the legislation and presumably also due to the fact that the photographs would not impact the tenant’s privacy rights given that they would not be published on the Internet.

This recent decision is another reminder of how a little forethought when drafting a lease can avoid complications down the road. By 

Matt Maurer, REM Oline