California Mortgage Solutions
Home equity

A home equity line of credit is for a homeowner who wants to borrow against their equity as the need arises, a home equity loan for one who knows the amount now, and either keeps any first mortgage as it is

A home equity line of credit (HELOC) is a line of credit secured by your home: the lender sets a limit against your equity, you borrow against it as you need to, and as you repay, that credit can become available to borrow again under the plan's terms. If you already have a mortgage, the line is a second mortgage behind it and the first stays as it is, where a cash-out refinance would replace it with a larger loan. A home equity loan is the closed-end form of the same borrowing: one sum at closing, repaid on a schedule the lender sets. The rate on a line can change, and because your home secures the line or the loan, falling behind could cost you the home through foreclosure. We arrange home equity lines of credit and home equity loans on the home you live in, on a second home and on a rental; this page sets out how each works, what the law requires a lender to give you, and the cautions the Consumer Financial Protection Bureau gives.

The program in one box

What it is
A line of credit secured by your home. The lender sets a limit against your equity, you borrow against it as you need to, and as you repay, that credit can become available to borrow again under the plan's terms.
Who it suits
A homeowner with equity who wants to borrow as the need arises rather than all at once, wants to keep any first mortgage as it is, and is confident of keeping up with the payments.
Where it sits
Behind your first mortgage, as a second mortgage, if you have one: if the home is ever sold to pay off the debts, the first mortgage is paid first. A cash-out refinance instead replaces the first mortgage with a larger loan, whose rate and terms replace the ones you had.
How it is qualified
The lender decides, under its underwriting criteria, whether to open a line and sets its limit. Regulation Z's ability-to-repay rule excludes a home equity line of credit by name.
A home equity loan instead
A closed-end second mortgage: one sum at closing, repaid on a schedule the lender sets, where a line is drawn as needed. Which fits depends on whether you know the amount now.
The rate and the risk
The rate on a line can be variable; if it is, the lender's written disclosures must explain how it is set and how it can change. Your home secures the line, and the lender's disclosures must tell you that you could lose it if you default. The rate can rise. A lender can stop further borrowing or lower the limit in circumstances Regulation Z lists, among them a significant fall in the home's value under the appraised value the line was based on.
What you must be given
Before a line opens, you must be given the lender's written disclosures of its plan, covering the rate, the fees and the payment terms, and the federal brochure on home equity lines of credit or a suitable substitute. No one may charge a nonrefundable fee on the application until a short period after you receive them.
Your right to cancel
Apart from narrow exceptions, if a line is secured by your principal dwelling, federal law gives you, and any other owner whose principal dwelling it is, a right to cancel it for a limited time. The notice of that right must give the date it expires, and unless the right is waived for a bona fide personal financial emergency, no money is released until that date has passed.

What this program is good at

  • It leaves your first mortgage in place, under its own terms. A cash-out refinance replaces that loan with a larger one, and the new loan's rate and terms replace the old.
  • You borrow against the line as you need to, up to its limit and within the plan's rules, rather than taking a single sum at once, and as you repay, that credit can become available to borrow again.
  • Once a line is open, Regulation Z bars the lender from changing its terms except in the cases the regulation lists.
  • Regulation Z limits when a lender can end a line and call the whole balance due early. The reasons it allows include fraud or material misrepresentation, failing to repay as the agreement requires, and something you do or fail to do that harms the lender's security.
  • If a term in the lender's disclosures changes before the line opens, other than through a move in the index, and you therefore decide not to open it, you may receive a refund of the fees you paid in connection with the application.
  • Apart from narrow exceptions, federal law gives you a right to cancel a line secured by your principal dwelling for a limited time, and unless the right is waived for a bona fide personal financial emergency, no money is released until that time has passed.

Who qualifies

What a lender weighs before this program is on the table. A lender can add rules of its own, and those rules can differ from one lender to the next.

Equity, income, credit and the lender's own criteria

A line borrows against your equity, which the CFPB defines as the value of your home minus the amount you owe on your mortgage. The lender sets the limit. Regulation Z's ability-to-repay rule excludes a home equity line of credit by name. The lender decides under its underwriting criteria whether to open a line and for how much. Opening a line is new debt that can affect your credit score, as the CFPB notes. After a line opens, a lender can freeze or reduce it if a material change in your finances leads it reasonably to believe you cannot repay.

The right to cancel, and your first mortgage

The federal right to cancel applies to a line secured by your principal dwelling, and the CFPB's brochure warns that renting your home out may be prohibited under the terms of a line. If you have a first mortgage, the line sits behind it, and refinancing that first mortgage later may need the line lender's approval; if it refuses, you may need to pay the line off to refinance.

A loan rather than a line

A home equity loan is the closed-end form of the same borrowing: a second mortgage that pays one sum at closing and is repaid on a schedule the lender sets, where a line is drawn as the need arises and can be borrowed against again as it is repaid. A loan suits a cost you can name now, such as one contractor's bid; a line suits costs that arrive over time. Regulation Z's ability-to-repay rule covers the loan, apart from certain exemptions, where it excludes the line by name, and the right to cancel described on this page applies to either when your principal dwelling secures it. We arrange both.

A second home or a rental

We arrange lines on a second home or a rental as well as on the home you live in. The right to cancel applies only to a line secured by your principal dwelling. A line used to buy, improve or maintain a rental that you do not live in is credit for a business purpose under Regulation Z, and the federal rules this page describes do not apply to it.

Cautions from the CFPB

If you are not confident you can keep up with the payments, the CFPB's advice is not to consider a line at all, because you could lose your home. A closed-end home equity loan, by contrast, pays a single sum at once. If you are likely to sell soon, the bureau suggests weighing a line's up-front costs first, since a sale can require repaying the line in full. And if the money would pay off other debts, the bureau warns that you are taking out one loan to repay another, now secured by your home. A housing counseling agency approved by HUD can help you weigh the alternatives.

How it works with us

What happens once you get in touch

The steps in order, so you can see what is coming. Nothing here is underwritten until a lender underwrites it.

  1. Tell us about the home and what the money is for

    What you owe on the home, roughly what it is worth, and what the money is for, whether one cost or several over time.

  2. The lender's disclosures and the brochure

    Before a line opens, you must be given the lender's written disclosures for its plan and the federal brochure, What You Should Know About Home Equity Lines of Credit, or a suitable substitute. Read the rate, the fees and the payment terms there before you pay any fee; no one may charge a nonrefundable one until a short period after you receive them.

  3. The lender's decision

    The lender decides whether to open a line at all and, if it does, for how much.

  4. Closing and the right to cancel

    On a line secured by your principal dwelling, apart from narrow exceptions, each person entitled to cancel must receive a notice of that right giving the date it expires. Unless the right is waived for a bona fide personal financial emergency, no money is released until that date has passed.

What people ask about this program

If yours is not here, call us. The useful answer depends on your file.

What is a home equity line of credit (HELOC)?

A home equity line of credit (HELOC) is a line of credit secured by your home. The lender sets a limit against your equity, you borrow against it as you need to, and as you repay, that credit can become available to borrow again under the plan's terms. If you already have a mortgage, the line is a second mortgage behind it, and you pay it in addition to your first mortgage. The rate on a line can change, and because the home secures it, falling behind on the payments could cost you the home.

What is the difference between a HELOC and a home equity loan?

A home equity loan pays a single sum at closing and is repaid on a schedule the lender sets, while a HELOC lets you borrow as you need to, up to its limit, and borrow again as you repay, under the plan's terms. If you already have a mortgage, both leave it in place and sit behind it as second mortgages, where a cash-out refinance would replace it with a larger loan, pay you the difference in cash, and put the new loan's rate and terms in place of the ones you had. Regulation Z's ability-to-repay rule covers the home equity loan and the refinance, apart from certain exemptions, and excludes the line by name.

Can a lender freeze or reduce a HELOC?

Yes, in circumstances Regulation Z lists. A lender may stop further borrowing or lower the limit while, among other things, the home's value has fallen significantly under the appraised value the line was based on, you are in default of a material obligation under the agreement, or a material change in your finances leads the lender reasonably to believe you cannot repay. In those cases it must send you written notice with its specific reasons, and once no circumstance that allows a freeze remains, it must restore the line, on your request if the notice says you must ask.

Can I cancel a HELOC after it is opened?

Apart from narrow exceptions, if a line is secured by your principal dwelling, federal law gives you, and any other owner whose principal dwelling it is, a right to cancel the line for a limited time. The lender's notice of the right must give the date it expires. You cancel by notifying the lender in writing; the security interest becomes void, and the lender must return what you paid to anyone in connection with the line. No money is released until the period has passed, unless everyone entitled to cancel waives the right in a signed, dated statement describing a bona fide personal financial emergency.

Should I use a HELOC to pay off other debts?

Be careful. The CFPB warns that using home equity to pay off other debts does not really pay them off: you are taking out one loan to repay another, and that loan is secured by your home, so if you cannot repay it, you could lose the home. The bureau also cautions against trading short-term debt for long-term debt at a higher cost to you.

Construction and commercial

ADU financing

There is no single ADU loan. Four routes to pay for a second dwelling on your lot, and how to pick between them.

  • California law requires your city or county to approve an ADU that meets the state's standards without a discretionary hearing.
  • Four kinds of loan can pay for a build, and the right one depends on your equity, the cost of the work and whether you want a new first mortgage or a second lien.
  • A renovation loan lends against what the home will be worth with the ADU finished, not only the equity you have today, which can put a build within reach for an owner who bought recently.

Short-term and renovation

Renovation loan

One mortgage for the home and the remodel, with the money for the work paid out in draws as it is done.

  • One loan and one closing cover the house and the work, instead of one loan now and a second loan for the remodel later.
  • The loan can include the cost of the work, because the appraiser values the home as it will be once the work is done, and that value is one of the limits on the loan.
  • A house that a plain FHA loan cannot finance because of health, safety or security problems may still qualify for a 203(k), when the work will correct them.

Not government-insured

Conventional loan

A loan for solid credit and income, with private mortgage insurance that does not have to be permanent.

  • Private mortgage insurance does not have to be permanent. On a one-unit home you live in, the Homeowners Protection Act of 1998, subject to its conditions and exceptions, gives you the right to ask for borrower-paid mortgage insurance to come off once the loan is paid down far enough against the home's original value, and requires it to end automatically at a later point on the loan's amortization schedule.
  • It works for a primary residence or an investment property of one to four units, and for a one-unit second home. FHA and VA are built for a home you live in; FHA allows a second home only in narrow hardship cases.
  • There is no federal credit floor on a conventional loan, and Fannie Mae's Desktop Underwriter sets no minimum score of its own: it weighs the credit with its own risk factors and returns what the file needs.

Published by

California Mortgage Solutions Inc. · Company NMLS #325189

This page is general information about a loan program, not an offer of credit or a commitment to lend. What a lender will do with your file depends on the file.

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