Overpaying for Private Mortgage Insurance: Lawsuits and Legalities

People save for most of their lives to buy a home. They do not always know what is legal and what it is not when dealing with a lender. Lenders demand different things, but a twenty percent down payment is nearly always a requirement to avoid additional cost.

Is there already an overpayment for private mortgage insurance?

Private mortgage insurance, or PMI, either induces a heavy sigh or the borrower is entirely oblivious to what the insurance fee actually pays. The people that know what PMI is are anxious to avoid it or meet the down payment requirements. Avoiding PMI without 20 down is possible. No one wants to overpay for insurance that is not insured by the government.

Another pitfall of PMI for a borrower is the fact it does not automatically stop charging them without a formal request. The twenty percent threshold is either met with a down payment or mortgage payments over time. Overpayment for private mortgage insurance frequently happens because of the borrower is unaware of meeting the twenty percent standard.

However, federal law is on the borrower’s side — federal mandates when PMI is to be terminated by law. Lenders do not always advise borrowers of such protections and unknowingly continues payments.

Parsing Private Mortgage Insurance Laws

The extent of the private mortgage insurance law, as it identifies with the end of private home loan protection, incorporates“residential mortgage transactions” characterized as a mortgage loan agreement peak on or after July 29, 1999, to obtaining, developing (initial), or renegotiating of a family home that is the borrower’s chief living arrangement.

Three questions to ask if an overpayment is suspect:

  • Was the home loan before or after 1999?
  • Is the loan a conventional loan? VA, FHA, and other loan types do not apply because they are through the government. Private mortgage insurance is not government protected.
  • Is the home the borrowers’ primary residence?

Canceling Private Mortgage Insurance Payments

The United States Code § 4902 requests that the lender cancels the PMI payments. The “PMI Law” requires:

  • Submit a formal request in writing
  • Positive payment history
  • Current on all installments in terms of a mortgage
  • Certify the value of the home
  • The principal amount at eighty percent of the original value

Overpayment of anything hits a family budget’s bottom line. But, the law is on the side of the borrower when requirements become a reality.