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Being a Mortgage Guarantor

Being a Mortgage Guarantor

Have you been asked to act as a Mortgage Guarantor for someone’s mortgage? Perhaps your son or daughter, friend or relative has asked you to help them because they’ve been unable to secure a loan on their own. If so, it’s important to understand the difference between being a Co-signer and a Guarantor.

A Co-signer is basically a co-owner - he is registered on the title and is equally accountable for payments (although it's often a given that he will not make the payments).

A co-signer is used when you need to support income. If the original applicant's qualifying ratio doesn't meet the lender's standards, a co-signer is required to bridge the income gap.

A co-signer, because her name is also on the title, must sign all of the mortgage documents and can expect to remain on title until the applicant qualifies for the mortgage on his own. Or, in the case of two spouses, the co-signer might remain on title indefinitely. Keep in mind that removing someone from the title involves legal fees.

A Guarantor, on the other hand, personally guarantees payments will be made if the original applicant defaults, but he has no claim to the property because he is not on title.

A guarantor is usually called upon if the applicant qualifies income wise, but has a slight credit blemish or has yet to establish credit. In a lot of cases, banks seek a guarantor for younger individuals. It's also an option for couples where one spouse is an entrepreneur and don't want to risk losing the house should the business go bankrupt -- they simply keep her name off the mortgage.

Guidance for guarantors

A guarantor has to be stronger financially than a co-signer, because he promises to carry the entire debt should the homeowner default. As a result, guarantors are carefully scrutinized and undergo a credit check and must also disclose assets, liabilities and income.

It's a huge responsibility. Guarantors) have less control and fewer rights than a co-signer. Their obligation is the same as the applicant, but they don't have the luxury of being on the title, so they don't have any claim to the property.

As a result, it's important for guarantors to know all of the circumstances of the person they're acting for and be confident the applicant will make the payments. Before signing, all guarantors should seek advice from a lawyer who is independent of the real estate transaction.

It's also smart to secure creditor insurance in case things go awry. The applicant and guarantor discuss collateral or come up with a repayment plan, should the guarantor be called on to cover the debt, from the outset.

When a guarantor wants out

Some lenders offer early release policies that free the guarantor from obligation (usually after 12 months) if the borrower is up-to-date with payments and has established good credit. Sometimes a guarantor can remain under obligation for several years.

Before agreeing to act on behalf of an applicant guarantors need to evaluate the time commitment they're willing to make. If, for example, they want to buy their own home in a few years or take on any major debt, such as a car or boat, they may not qualify because of their guarantor status.

People usually don't think that far in advance, but there are options should a guarantor want out early. One such option is for the homeowner to refinance - usually at a slightly higher rate - with a second-tier mortgage lender that is more flexible when it comes to debt-to-income ratios or credit transgressions.

It's also important to have a strong relationship between applicant and guarantor. Most lenders prefer a family member, not simply a friend, because they usually have a more deeply vested interest in the applicant.

It's often thought that if the homeowner defaults on even one payment, the guarantor will be called upon to make good on the debt, but, that isn't the case. It would really be a last recourse as banks will do everything to avoid going to the guarantor. They'll work with the homeowner to come up with a plan to help them hold on to her home. Should a situation deteriorate to the point that the homeowner cannot meet their obligations, the house will usually be sold and the guarantor will be responsible for the missed payments, as well as any loss associated with the sale. However, it rarely comes to this. Many people with income or credit issues are ready for the responsibility of a mortgage; they just need somebody to lean on - be it a guarantor, co-signer or understanding lender.

Thanks to From Morgan Vaughan of Morgan Financial Group for this valuable information

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Marian Neal

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RE/MAX HALLMARK REALTY LTD., BROKERAGE

723 Mount Pleasant Road
Toronto  ON M4S 2N4

416-486-5588 info@torontorealestatesales.com

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