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BUYING AND FINANCING A HOME

Role of the Real Estate Broker

Frequently, the first person you consult about buying a home is a real estate agent or
broker. Although real estate brokers provide helpful advice on many aspects of home
buying, they may serve the interests of the seller, and not your interests as the buyer. The
most common practice is for the seller to hire the broker to find someone who will be willing to
buy the home on terms and conditions that are acceptable to the seller. Therefore, the real
estate broker you are dealing with may also represent the seller. However, you can hire your
own real estate broker, known as a buyer's broker, to represent your interests. Also, in some
states, agents and brokers are allowed to represent both buyer and seller.

Even if the real estate broker represents the seller, state real estate licensing laws usually
require that the broker treat you fairly. If you have any questions concerning the behavior of
an agent or broker, you should contact your State's Real Estate Commission or licensing
department.

Sometimes, the real estate broker will offer to help you obtain a mortgage loan. He or she
may also recommend that you deal with a particular lender, title company, attorney or
settlement/closing agent. You are not required to follow the real estate broker's
recommendation. You should compare the costs and services offered by other providers with
those recommended by the real estate broker.

Selecting an Attorney

Before you sign an agreement of sale, you might consider asking an attorney to look it over
and tell you if it protects your interests. If you have already signed your agreement of sale,
you might still consider having an attorney review it. An attorney can also help you prepare
for the settlement. In some areas attorneys act as settlement/closing agents or as escrow
agents to handle the settlement. An attorney who does this will not solely represent your
interests, since, as settlement/closing agent, he or she may also be representing the seller,
the lender and others as well.

Please note, in many areas of the country attorneys are not normally involved in the home
sale. For example, escrow agents or escrow companies in western states handle the
paperwork to transfer title without any attorney involvement.

If choosing an attorney, you should shop around and ask what services will be performed for
what fee. Find out whether the attorney is experienced in representing home buyers. You
may wish to ask the attorney questions such as:

What is the charge for negotiating the agreement of sale, reviewing documents and giving
advice concerning those documents, for being present at the settlement, or for reviewing
instructions to the escrow agent or company?
Will the attorney represent anyone other than you in the transaction?
Will the attorney be paid by anyone other than you in the transaction?

Terms of the Agreement of Sale
If you receive this Booklet before you sign an agreement of sale, here are some important
points to consider. The real estate broker probably will give you a preprinted form of
agreement of sale. You may make changes or additions to the form agreement, but the seller
must agree to every change you make. You should also agree with the seller on when you
will move in and what appliances and personal property will be sold with the home.

Sales Price. For most home purchasers, the sales price is the most important term.
Recognize that other non-monetary terms of the agreement are also important.

Title. "Title" refers to the legal ownership of your new home. The seller should provide title,
free and clear of all claims by others against your new home. Claims by others against your
new home are sometimes known as "liens" or "encumbrances." You may negotiate who will
pay for the title search which will tell you whether the title is "clear."

Mortgage Clause. The agreement of sale should provide that your deposit will be refunded
if the sale has to be canceled because you are unable to get a mortgage loan. For example,
your agreement of sale could allow the purchase to be canceled if you cannot obtain
mortgage financing at an interest rate at or below a rate you specify in the agreement.

Pests. Your lender will require a certificate from a qualified inspector stating that the home is
free from termites and other pests and pest damage. You may want to reserve the right to
cancel the agreement or seek immediate treatment and repairs by the seller if pest damage
is found.

Home Inspection. It is a good idea to have the home inspected. An inspection should
determine the condition of the plumbing, heating, cooling and electrical systems. The
structure should also be examined to assure it is sound and to determine the condition of the
roof, siding, windows and doors. The lot should be graded away from the house so that water
does not drain toward the house and into the basement.

Most buyers prefer to pay for these inspections so that the inspector is working for them, not
the seller. You may wish to include in your agreement of sale the right to cancel, if you are
not satisfied with the inspection results. In that case, you may want to re-negotiate for a lower
sale price or require the seller to make repairs.

Lead-Based Paint Hazards in Housing Built Before 1978. If you buy a home built before
1978, you have certain rights concerning lead-based paint and lead poisoning hazards. The
seller or sales agent must give you the EPA pamphlet "Protect Your Family From Lead in
Your Home" or other EPA-approved lead hazard information. The seller or sales agent must
tell you what the seller actually knows about the home's lead-based paint or lead-based paint
hazards and give you any relevant records or reports.

You have at least ten (10) days to do an inspection or risk assessment for lead-based paint
or lead-based paint hazards. However, to have the right to cancel the sale based on the
results of an inspection or risk assessment, you will need to negotiate this condition with the
seller.

Finally, the seller must attach a disclosure form to the agreement of sale which will include a
Lead Warning Statement. You, the seller, and the sales agent will sign an acknowledgment
that these notification requirements have been satisfied.

Other Environmental Concerns. Your city or state may have laws requiring buyers or
sellers to test for environmental hazards such as leaking underground oil tanks, the
presence of radon or asbestos, lead water pipes, and other such hazards, and to take the
steps to clean-up any such hazards. You may negotiate who will pay for the costs of any
required testing and/or clean-up.

Sharing of Expenses. You need to agree with the seller about how expenses related to the
property such as taxes, water and sewer charges, condominium fees, and utility bills, are to
be divided on the date of settlement. Unless you agree otherwise, you should only be
responsible for the portion of these expenses owed after the date of sale.

Settlement Agent/Escrow Agent or Company. Depending on local practices, you may
have an option to select the settlement agent or escrow agent or company. For states where
an escrow agent or company will handle the settlement, the buyer, seller and lender will
provide instructions.

Settlement Costs. You can negotiate which settlement costs you will pay and which will be
paid by the seller.

Shopping For a Loan
Our choice of lender and type of loan will influence not only your settlement costs, but also
the monthly cost of your mortgage loan. There are many types of lenders and types of loans
you can choose. You may be familiar with banks, savings associations, mortgage companies
and credit unions, many of which provide home mortgage loans. You may find a listing of
some mortgage lenders in the yellow pages or a listing of rates in your local newspaper.

Mortgage Brokers. Some companies, known as "mortgage brokers" offer to find you a
mortgage lender willing to make you a loan. A mortgage broker may operate as an
independent business and may not be operating as your "agent" or representative. Your
mortgage broker may be paid by the lender, you as the borrower, or both. You may wish to
ask about the fees that the mortgage broker will receive for its services.

Government Programs. You may be eligible for a loan insured through the Federal
Housing Administration ("FHA") or guaranteed by the Department of Veterans Affairs or
similar programs operated by cities or states. These programs usually require a smaller
downpayment. Ask lenders about these programs. You can get more information about these
programs from the agencies that run them. (See Appendix to this Booklet.)

CLOs. Computer loan origination systems, or CLOs, are computer terminals sometimes
available in real estate offices or other locations to help you sort through the various types of
loans offered by different lenders. The CLO operator may charge a fee for the services the
CLO offers. This fee may be paid by you or by the lender that you select.

Types of Loans. Loans can have a fixed interest rate or a variable interest rate. Fixed rate
loans have the same principal and interest payments during the loan term. Variable rate
loans can have any one of a number of "indexes" and "margins" which determine how and
when the rate and payment amount change. If you apply for a variable rate loan, also known
as an adjustable rate mortgage ("ARM"), a disclosure and booklet required by the Truth in
Lending Act will further describe the ARM. Most loans can be repaid over a term of 30 years
or less. Most loans have equal monthly payments. The amounts can change from time to
time on an ARM depending on changes in the interest rate. Some loans have short terms
and a large final payment called a "balloon." You should shop for the type of home mortgage
loan terms that best suit your needs.

Interest Rate, "Points" & Other Fees. Often the price of a home mortgage loan is stated
in terms of an interest rate, points, and other fees. A "point" is a fee that equals 1 percent of
the loan amount. Points are usually paid to the lender, mortgage broker, or both, at the
settlement or upon the completion of the escrow. Often, you can pay fewer points in
exchange for a higher interest rate or more points for a lower rate. Ask your lender or
mortgage broker about points and other fees.

A document called the Truth in Lending Disclosure Statement will show you the "Annual
Percentage Rate" ("APR") and other payment information for the loan you have applied for.
The APR takes into account not only the interest rate, but also the points, mortgage broker
fees and certain other fees that you have to pay. Ask for the APR before you apply to help
you shop for the loan that is best for you. Also ask if your loan will have a charge or a fee for
paying all or part of the loan before payment is due ("prepayment penalty"). You may be able
to negotiate the terms of the prepayment penalty.
Lender-Required Settlement Costs. Your lender may require you to obtain certain settlement
services, such as a new survey, mortgage insurance or title insurance. It may also order and
charge you for other settlement-related services, such as the appraisal or credit report. A
lender may also charge other fees, such as fees for loan processing, document preparation,
underwriting, flood certification or an application fee. You may wish to ask for an estimate of
fees and settlement costs before choosing a lender. Some lenders offer "no cost" or "no
point" loans but normally cover these fees or costs by charging a higher interest rate.

Comparing Loan Costs. Comparing APRs may be an effective way to shop for a loan.
However, you must compare similar loan products for the same loan amount. For example,
compare two 30-year fixed rate loans for $100,000. Loan A with an APR of 8.35% is less
costly than Loan B with an APR of 8.65% over the loan term. However, before you decide on
a loan, you should consider the up-front cash you will be required to pay for each of the two
loans as well.

Another effective shopping technique is to compare identical loans with different up-front
points and other fees. For example, if you are offered two 30-year fixed rate loans for
$100,000 and at 8%, the monthly payments are the same, but the up-front costs are different:

Loan A - 2 points ($2,000) and lender required costs of $1800 = $3800 in costs.
Loan B - 2 1/4 points ($2250) and lender required costs of $1200 = $3450 in costs.

A comparison of the up-front costs shows Loan B requires $350 less in up-front cash than
Loan A. However, your individual situation (how long you plan to stay in your house) and
your tax situation (points can usually be deducted for the tax year that you purchase a
house) may affect your choice of loans.

Lock-ins. "Locking in" your rate or points at the time of application or during the processing
of your loan will keep the rate and/or points from changing until settlement or closing of the
escrow process. Ask your lender if there is a fee to lock-in the rate and whether the fee
reduces the amount you have to pay for points. Find out how long the lock-in is good, what
happens if it expires, and whether the lock-in fee is refundable if your application is rejected.

Tax and Insurance Payments. Your monthly mortgage payment will be used to repay the
money you borrowed plus interest. Part of your monthly payment may be deposited into an
"escrow account" (also known as a "reserve" or "impound" account) so your lender or
servicer can pay your real estate taxes, property insurance, mortgage insurance and/or flood
insurance. Ask your lender or mortgage broker if you will be required to set up an escrow or
impound account for taxes and insurance payments.
Transfer of Your Loan. While you may start the loan process with a lender or mortgage
broker, you could find that after settlement another company may be collecting the payments
on your loan. Collecting loan payments is often known as "servicing" the loan. Your lender or
broker will disclose whether it expects to service your loan or to transfer the servicing to
someone else.

Mortgage Insurance. Private mortgage insurance and government mortgage insurance
protect the lender against default and enable the lender to make a loan which the lender
considers a higher risk. Lenders often require mortgage insurance for loans where the
downpayment is less than 20% of the sales price. You may be billed monthly, annually, by an
initial lump sum, or some combination of these practices for your mortgage insurance
premium. Ask your lender if mortgage insurance is required and how much it will cost.
Mortgage insurance should not be confused with mortgage life, credit life or disability
insurance, which are designed to pay off a mortgage in the event of the borrower's death or
disability.

You may also be offered "lender paid" mortgage insurance ("LPMI"). Under LPMI plans, the
lender purchases the mortgage insurance and pays the premiums to the insurer. The lender
will increase your interest rate to pay for the premiums -- but LPMI may reduce your
settlement costs. You cannot cancel LPMI or government mortgage insurance during the life
of your loan. However, it may be possible to cancel private mortgage insurance at some
point, such as when your loan balance is reduced to a certain amount. Before you commit to
paying for mortgage insurance, find out the specific requirements for cancellation.

Flood Hazard Areas. Most lenders will not lend you money to buy a home in a flood hazard
area unless you pay for flood insurance. Some government loan programs will not allow you
to purchase a home that is located in a flood hazard area. Your lender may charge you a fee
to check for flood hazards. You should be notified if flood insurance is required. If a change
in flood insurance maps brings your home within a flood hazard area after your loan is made,
your lender or servicer may require you to buy flood insurance at that time.

Selecting a Settlement Agent
Settlement practices vary from locality to locality, and even within the same county or city.
Settlements may be conducted by lenders, title insurance companies, escrow companies,
real estate brokers or attorneys for the buyer or seller. You may save money by shopping for
the settlement agent.

In some parts of the country (particularly western states), settlement may be conducted by
an escrow agent. The parties sign an escrow agreement which requires them to provide
certain documents and funds to the agent. Unlike other types of settlement, the parties do
not meet around a table to sign documents. Ask how your settlement will be handled.

Securing Title Services
Title insurance is usually required by the lender to protect the lender against loss resulting
from claims by others against your new home. In some states, attorneys offer title insurance
as part of their services in examining title and providing a title opinion. The attorney's fee
may include the title insurance premium. In other states, a title insurance company or title
agent directly provides the title insurance.

Owner's Policy. A lender's title insurance policy does not protect you. Similarly, the prior
owner's policy does not protect you. If you want to protect yourself from claims by others
against your new home, you will need an owner's policy. When a claim does occur, it can be
financially devastating to an owner who is uninsured. If you buy an owner's policy, it is usually
much less expensive if you buy it at the same time and with the same insurer as the lender's
policy.

Choice of Title Insurer. Under RESPA, the seller may not require you, as a condition of the
sale, to purchase title insurance from any particular title company. Generally, your lender will
require title insurance from a company that is acceptable to it. In most cases you can shop
for and choose a company that meets the lender's standards.

Review Initial Title Report. In many areas, a few days or weeks before the settlement or
closing of the escrow, the title insurance company will issue a "Commitment to Insure" or
preliminary report or "binder" containing a summary of any defects in title which have been
identified by the title search, as well as any exceptions from the title insurance policy's
coverage. The commitment is usually sent to the lender for use until the title insurance policy
is issued at or after the settlement. You can arrange to have a copy sent to you (or to your
attorney) so that you can object if there are matters affecting the title which you did not
agree to accept when you signed the agreement of sale.

Coverage & Cost Savings. To save money on title insurance, compare rates among
various title insurance companies. Ask what services and limitations on coverage are
provided under each policy so that you can decide whether coverage purchased at a higher
rate may be better for your needs. However, in many states, title insurance premium rates
are established by the state and may not be negotiable. If you are buying a home which has
changed hands within the last several years, ask your title company about a "reissue rate,"
which would be cheaper. If you are buying a newly constructed home, make certain your title
insurance covers claims by contractors. These claims are known as "mechanics' liens" in
some parts of the country.

Survey. Lenders or title insurance companies often require a survey to mark the boundaries
of the property. A survey is a drawing of the property showing the perimeter boundaries and
marking the location of the house and other improvements. You may be able to avoid the
cost of a complete survey if you can locate the person who previously surveyed the property
and request an update. Check with your lender or title insurance company on whether an
updated survey is acceptable.

RESPA Disclosures
One of the purposes of RESPA is to help consumers become better shoppers for settlement
services. RESPA requires that borrowers receive disclosures at various times. Some
disclosures spell out the costs associated with the settlement, outline lender servicing and
escrow account practices and describe business relationships between settlement service
providers.

Good Faith Estimate of Settlement Costs. RESPA requires that, when you apply for a
loan, the lender or mortgage broker give you a Good Faith Estimate of settlement service
charges you will likely have to pay. If you do not get this Good Faith Estimate when you
apply, the lender or mortgage broker must mail or deliver it to you within the next three
business days.

Be aware that the amounts listed on the Good Faith Estimate are only estimates. Actual
costs may vary. Changing market conditions can affect prices. Remember that the lender's
estimate is not a guarantee. Keep your Good Faith Estimate so you can compare it with the
final settlement costs and ask the lender questions about any changes.

Servicing Disclosure Statement. RESPA requires the lender or mortgage broker to tell you in
writing, when you apply for a loan or within the next three business days, whether it expects
that someone else will be servicing your loan (collecting your payments).

Affiliated Business Arrangements. Sometimes, several businesses that offer settlement
services are owned or controlled by a common corporate parent. These businesses are
known as "affiliates." When a lender, real estate broker, or other participant in your
settlement refers you to an affiliate for a settlement service (such as when a real estate
broker refers you to a mortgage broker affiliate), RESPA requires the referring party to give
you an Affiliated Business Arrangement Disclosure. This form will remind you that you are
generally not required, with certain exceptions, to use the affiliate and are free to shop for
other providers.

HUD-1 Settlement Statement. One business day before the settlement, you have the right
to inspect the HUD-1 Settlement Statement. This statement itemizes the services provided to
you and the fees charged to you. This form is filled out by the settlement agent who will
conduct the settlement. Be sure you have the name, address, and telephone number of the
settlement agent if you wish to inspect this form. The fully completed HUD-1 Settlement
Statement generally must be delivered or mailed to you at or before the settlement. In cases
where there is no settlement meeting, the escrow agent will mail you the HUD-1 after
settlement, and you have no right to inspect it one day before settlement.

Escrow Account Operation & Disclosures. Your lender may require you to establish an
escrow or impound account to insure that your taxes and insurance premiums are paid on
time. If so, you will probably have to pay an initial amount at the settlement to start the
account and an additional amount with each month's regular payment. Your escrow account
payments may include a "cushion" or an extra amount to ensure that the lender has enough
money to make the payments when due. RESPA limits the amount of the cushion to a
maximum of two months of escrow payments.

At the settlement or within the next 45 days, the person servicing your loan must give you an
initial escrow account statement. That form will show all of the payments which are expected
to be deposited into the escrow account and all of the disbursements which are expected to
be made from the escrow account during the year ahead. Your lender or servicer will review
the escrow account annually and send you a disclosure each year which shows the prior
year's activity and any adjustments necessary in the escrow payments that you will make in
the forthcoming year.

Processing Your Loan Application

There are several federal laws which provide you with protection during the processing of
your loan. The Equal Credit Opportunity Act ("ECOA"), the Fair Housing Act, and the Fair
Credit Reporting Act ("FCRA") prohibit discrimination and provide you with the right to certain
credit information.

No Discrimination. ECOA prohibits lenders from discriminating against credit applicants on
the basis of race, color, religion, national origin, sex, marital status, age, the fact that all or
part of the applicant's income comes from any public assistance program, or the fact that the
applicant has exercised any right under any federal consumer credit protection law. To help
government agencies monitor ECOA compliance, your lender or mortgage broker must
request certain information regarding your race, sex, marital status and age when taking
your loan application.

The Fair Housing Act also prohibits discrimination in residential real estate transactions on
the basis of race, color, religion, sex, handicap, familial status or national origin. This
prohibition applies to both the sale of a home to you and the decision by a lender to give you
a loan to help pay for that home. Finally, your locality or state may also have a law which
prohibits discrimination.

Frequently, there are differences in the types and amounts of settlement costs charged to
the borrower -- for example, some borrowers are charged greater fees for mortgages
depending on their credit worthiness. These differences may be justified or they may be
unlawfully discriminatory. It is important that you examine your settlement documents closely,
especially lines 808-811 on the HUD-1 settlement statement, and do not hesitate to compare
your settlement costs with those of your friends and neighbors.

If you feel you have been discriminated against by a lender or anyone else in the home
buying process, you may file a private legal action against that person or complain to a state,
local or federal administrative agency. You may want to talk to an attorney; or you may want
to ask the federal agency that enforces ECOA (the Board of Governors of the Federal
Reserve System) or the Fair Housing Act (HUD) about your rights under these laws.

Prompt Action/Notification of Action Taken. Your lender or mortgage broker must act on
your application and inform you of the action taken no later than 30 days after it receives
your completed application. Your application will not be considered complete, and the 30 day
period will not begin, until you provide to your lender or mortgage broker all of the material
and information requested.

Statement of Reasons for Denial. If your application is denied, ECOA requires your lender
or mortgage broker to give you a statement of the specific reasons why it denied your
application or tell you how you can obtain such a statement. The notice will also tell you
which federal agency to contact if you think the lender or mortgage broker has illegally
discriminated against you.

Obtaining Your Credit Report. The Fair Credit Reporting Act ("FCRA") requires a lender
or mortgage broker that denies your loan application to tell you whether it based its decision
on information contained in your credit report. If that information was a reason for the denial,
the notice will tell you where you can get a free copy of the credit report. You have the right
to dispute the accuracy or completeness of any information in your credit report. If you
dispute any information, the credit reporting agency that prepared the report must
investigate free of charge and notify you of the results of the investigation.

Obtaining Your Appraisal. The lender needs to know if the value of your home is enough
to secure the loan. To get this information, the lender typically hires an appraiser, who gives
a professional opinion about the value of your home. ECOA requires your lender or
mortgage broker to tell you that you have a right to get a copy of the appraisal report. The
notice will also tell you how and when you can ask for a copy.

RESPA Protection Against Illegal Referral Fees
RESPA was enacted because Congress felt that consumers needed protection from "...
unnecessarily high settlement charges caused by certain abusive practices that have
developed in some areas of the country." Some of the practices Congress was concerned
about are discussed below. Most professionals in the settlement business provide good
service and do not engage in these practices.

Prohibited Fees. It is illegal under RESPA for anyone to pay or receive a fee, kickback or
anything of value because they agree to refer settlement service business to a particular
person or organization. For example, your mortgage lender may not pay your real estate
broker $250 for referring you to the lender. It is also illegal for anyone to accept a fee or part
of a fee for services if that person has not actually performed settlement services for the fee.
For example, a lender may not add to a third party's fee, such as an appraisal fee, and keep
the difference.

Permitted Payments. RESPA does not prevent title companies, mortgage brokers,
appraisers, attorneys, settlement/closing agents and others, who actually perform a service
in connection with the mortgage loan or the settlement, from being paid for the reasonable
value of their work. If a participant in your settlement appears to be taking a fee without
having done any work, you should advise that person or company of the RESPA referral fee
prohibitions.

Penalties. It is a crime for someone to pay or receive an illegal referral fee. The penalty can
be a fine, imprisonment or both. You may be entitled to recover three times the amount of
the charge for any settlement service by bringing a private lawsuit. If you are successful, the
court may also award you court costs and your attorney's fees.

Your Right to File Complaints
Private Lawsuits. If you have a problem, the best place to have it fixed is at its source (the
lender, settlement agent, broker, etc.). If that approach fails and you think you have suffered
because of a violation of RESPA, ECOA or any other law, you may be entitled to sue in a
federal or state court. This is a matter you should discuss with your attorney.

Government Agencies. Most settlement service providers are supervised by a
governmental agency at the local, state and/or federal level, some of which are listed in the
Appendix to this Booklet. Your state's Attorney General may have a consumer affairs
division. If you feel that a provider of settlement services has violated RESPA or any other
law, you can complain to that agency or association. You may also send a copy of your
complaint to the HUD Office of Consumer & Regulatory Affairs. The address is listed in the
Appendix.

Servicing Errors. If you have a question any time during the life of your loan, RESPA
requires the company collecting your loan payments (your "servicer") to respond to you.
Write to your servicer and call it a "qualified written request under Section 6 of RESPA." A
"qualified written request" should be a separate letter and not mailed with the payment
coupon. Describe the problem and include your name and account number. The servicer
must investigate and make appropriate corrections within 60 business days.

Consumer Information on Home Purchasing and Related Topics
U.S. Department of Housing and Urban Development
451 7th Street, SW
Washington, DC 20410
Web site: http://www.hud.gov

For information about FHA-insured home mortgage
loans on one-to-four family dwellings call:
1-800 CALL FHA (800-225-5342)

For information about buying a HUD home call:
1-800-767-4HUD (800-767-4483)

For consumer counseling referrals call:
1-888-HOME4US (1-888-466-3487)

For information regarding housing discrimination issues contact:
Office of Fair Housing and Equal Opportunity (see above HUD address)
1-800-669-9777
Web site: http://www.hud.gov/fhe/fheo.html

For information about RESPA contact:

Office of Consumer and Regulatory Affairs (see above HUD address)
Web Site: http://www.hud.gov/fha/res/respa_hm.html

Other Agencies
For information about programs and pamphlets offered by the Department of Veterans
Affairs, contact your nearest VA Regional Office.
Web Site: http://www.va.gov/vas/loan

For information about rural housing loan programs contact:
Department of Agriculture
Rural Development/Rural Housing Services
Stop 0783
Washington, DC 20250
Web Site: http://www.rurdev.usda.gov

For information about the Truth in Lending Act and
the Equal Credit Opportunity Act contact:
Federal Reserve Board
20th Street and Constitution Avenue, NW
Washington, DC 20551
http://www.bog.frb.fed.us

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