What Is the Down Payment?
January 21, 2002, Revised November 24, 2006, February 23, 2007
The down payment is the lower of sale price and appraised value less the
loan amount. It is not the same as the borrower's cash outlay if some of
that outlay is used for settlement costs. Financing settlement costs
does not affect the down payment. Land can be part or all of the down
payment.
Down Payment Is Not the Same as Cash Investment
"My understanding is that if a home buyer puts 20% down, he doesn’t have
to purchase mortgage insurance. I put 20% down -- $48,000 on a $240,000
home purchase – but I’m told that I do have to buy mortgage insurance
because I elected to finance $6,000 in settlement costs, making the loan
$198,000 instead of $192,000. How come?”
You are confusing the amount of cash you put into the transaction with
the down payment. The down payment is smaller because of settlement
costs.
In dollars, the down payment is the difference between property value
and loan amount. In your case, value of $240,000 less the loan of
$198,000 leaves just $42,000 for the down payment. That is 17.5% of
property value, so you must purchase mortgage insurance.
In percent, the down payment is also 1 minus the LTV– the ratio of loan
to value. In your case, the loan of $198,000 is 82.5% of the value of
$240,000, and 1 - .825 is .175, or 17.5%.
Financing Settlement Costs
On a purchase transaction, “financing settlement costs” has no meaning
because it amounts to exactly the same thing as paying the settlement
costs in cash, and borrowing a larger part of the sale price. If you
paid the $6,000 in cash out of your $48,000, you would have required the
same loan of $198,000.
To avoid this type of confusion, mortgage insurance requirements and
many underwriting rules are based on the LTV rather than the down
payment. Mortgage insurance is required when the LTV is higher than 80%.
This is the same as requiring insurance when the down payment is less
than 20%, but it avoids any confusion about what constitutes a down
payment.
On a refinance transaction, financing settlement costs is meaningful
because it results in a larger loan than would have been the case
otherwise. For example, if several years down the road when your loan
balance is $190,000 you decide to refinance, the new loan could be for
$190,000, or it could be for $190,000 plus the settlement costs. But
note that whether or not you have to pay for mortgage insurance on the
new loan will depend on whether the new loan amount, inclusive of
settlement costs or not, is more or less than 80% of property value at
that time.
Appraisal Versus Sale Price
“I managed to buy a house for $200,000 that has been appraised for
$245,000. Can the difference of $45,000 be counted as my down payment?”
No. The rule is that the property value used in determining the down
payment and the LTV is the sale price or appraised value, whichever is
lower. The only exception to this is when the seller provides a gift of
equity to the buyer, who is almost always a family member. In this case,
the lender recognizes that the house is being priced below market and
will accept the appraisal as the value. Most lenders in such cases will
require two appraisals, and they will take the lower of the two.
Land as the Down Payment
“We own a piece of land and plan to build a house on it. In this case,
can we use the land as the down payment?”
Yes. If you have held the land for awhile, the lender will appraise the
completed house on your lot, and the difference between the appraisal
and the cost of construction will be viewed as the down payment.
For example, if the builder charges you $160,000 for the house and the
appraisal comes in at $200,000, the land is assumed to be worth $40,000.
A loan of $160,000 in this case would have a down payment of 20%, or an
LTV of 80%.
If you purchased the land recently, however, the lender will not value
it for more than you paid. If you paid only $30,000, for example, the
lender will value it at $30,000, and your down payment will only be
15.8%.