Maryland Net Tangible Benefit Worksheet Template in PDF Open Editor

Maryland Net Tangible Benefit Worksheet Template in PDF

The Maryland Net Tangible Benefit Worksheet is a document designed to ensure that borrowers in Maryland understand the benefits and obligations of refinancing their existing mortgage loan. Developed in accordance with COMAR 09.03.06.20 and COMAR 09.03.09.04 by the Commissioner of Financial Regulation, this worksheet assists borrowers in evaluating the advantages of a new loan compared to their current situation. Individuals are encouraged to thoroughly complete this form to confirm that refinancing offers a tangible net benefit to them, considering their unique financial circumstances.

For those considering refinancing their mortgage in Maryland, it's essential to review and fill out this form carefully. Click the button below to start the process and ensure that your financial decisions align with your goals.

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In the state of Maryland, individuals looking to refinance their mortgage loans are introduced to an important document known as the Net Tangible Benefit Worksheet. Endorsed by the Commissioner of Financial Regulation, this worksheet serves as a vital tool in ensuring that borrowers fully comprehend the advantages and implications of pursuing a refinancing option for their home. Tailored to align with specific regulations outlined in COMAR 09.03.06.20 and COMAR 09.03.09.04, this mandatory form plays a crucial role in the Duty of Care, obligating lenders and brokers to adhere to a structured format that highlights the borrower's best interests. The worksheet not only captures detailed borrower and lender information but also delves into the crux of refinancing benefits—ranging from potential lower interest rates and monthly payments to adjustments in loan terms and avoiding foreclosure. These considerations are meticulously weighed against the borrower's current financial standing and the specifics of their existing loan, aiming to delineate a clear, tangible net benefit. Guaranteeing full transparency, the document is designed to be retained within the loan files as a lasting record of due diligence. In essence, the Maryland Net Tangible Benefit Worksheet embodies a commitment to informed decision-making, safeguarding borrowers against unwarranted financial moves while fostering a landscape of trust and accountability within the mortgage refinancing process.

Sample - Maryland Net Tangible Benefit Worksheet Form

S T A T E O F M A R Y L A N D

COMMISSIONER OF FINANCIAL REGULATION

500 North Calvert Street, Suite 402

Baltimore, Maryland 21202

Net Tangible Benefit Worksheet

This Net Tangible Benefit Worksheet has been prescribed by the Commissioner of Financial Regulation in conformity with COMAR 09.03.06.20 and COMAR 09.03.09.04 (Duty of Care). Persons complying with these regulations shall use a form substantially similar to this form.

All information must be typed or printed.

This form shall be maintained in the broker/lender

licensee’s loan files pursuant to COMAR 09.03.06.04 “Records”.

Name of Borrower(s):

_______________________________________________

 

_______________________________________________

 

 

 

Mortgage

 

 

Originator

 

 

Name:

 

 

Employer:

 

 

MD License #:

 

 

Business

 

 

Address:

 

 

City:

State:

Zip code:

Direct Tel #:

 

Toll Free #:

Fax:

 

Email:

 

 

 

Lender Name:

 

 

MD License #:

 

 

Business

 

 

Address:

 

 

City:

State:

Zip code:

Direct Tel #:

 

Toll Free #:

Fax:

 

Email:

 

 

 

Broker Name:

 

 

MD License #:

 

 

Business

 

 

Address:

 

 

City:

State:

Zip code:

Direct Tel #:

 

Toll Free #:

Fax:

 

Email:

I/We, the undersigned borrower(s), plan to enter into a transaction which refinances one or more existing mortgage loans with a new mortgage loan secured by my/our home located at:

Address:

 

 

City:

State:

Zip code:

NTBW

Page 1

Rev. 11/12/08

I/We acknowledge that:

I/We understand the costs associated with the new loan;

The new loan may have different terms (including duration of term and rate of interest) than my/our existing loan(s); and

The new loan will provide a reasonable, tangible net benefit to me/us after taking into account the terms of both the new and existing loan(s), the cost of the new loan, and my/our particular circumstances.

By refinancing my/our existing loan(s), the following benefits apply to me/us (each borrower should initial any benefit that applies):

______

______ Obtaining a lower interest rate.

______

______ Obtaining a lower monthly payment, including principal, interest, taxes, and insurance.

______

______ Obtaining a shorter amortization schedule.

______

______ Changing from an adjustable rate to a fixed rate.

______

______ Eliminating a negative amortization feature.

______

______ Eliminating a balloon payment feature.

______

______ Receiving cash-out from the new loan in an amount greater than all closing costs incurred in

 

connection with the loan.

______

______ Avoiding foreclosure.

______

______ Eliminating private mortgage insurance.

______

______ Consolidating other existing loans into a new mortgage loan.

______

______ Other (please specify): ________________________________________________________

 

__________________________________________________________________________

I/We have considered the terms of both the existing and new loans, the cost of the new loan, and my/our personal circumstances. I/We believe the overall benefits of the new loan make the new loan beneficial to me/us for the reason or reasons identified above. By signing below, I/we certify that I/we have read and understand this Net Tangible Benefits Worksheet.

Borrower: ____________________________________________

Date: _____________________

Borrower: ____________________________________________

Date: _____________________

 

NTBW

 

Page 2

 

Rev. 11/12/08

Document Data

Fact Detail
Governing Law The form adheres to regulations specified in COMAR 09.03.06.20 and COMAR 09.03.09.04, which address the duty of care.
Use Requirement Lenders and brokers must use a form substantially similar to this prescribed by the Commissioner of Financial Regulation.
Records Maintenance The form must be typed or printed and maintained in the loan files of the broker/lender as mandated by COMAR 09.03.06.04.
Purpose It assists borrowers in understanding the benefits and costs associated with refinancing their existing mortgage loan(s).

How to Write Maryland Net Tangible Benefit Worksheet

Filling out the Maryland Net Tangible Benefit Worksheet is a key step for individuals planning to refinance their mortgage. It's designed to help borrowers and lenders determine if the new loan offers a tangible benefit to the borrower compared to their existing mortgage. This exercise is not just a regulatory compliance but a protective measure to ensure homeowners are making financially sound decisions. The process can seem overwhelming at first, but by following these steps, homeowners can complete the form accurately and ensure they are making a beneficial financial decision.

  1. Start by typing or printing the name(s) of the borrower(s) at the top of the form where indicated.
  2. Fill in the Mortgage Originator's name, employer, Maryland (MD) License number, business address, city, state, zip code, direct telephone number, toll-free number, fax number, and email address in the appropriate fields.
  3. Enter the name of the Lender along with their MD License number, business address, city, state, zip code, direct telephone number, toll-free number, fax number, and email address.
  4. If a broker is involved, provide the Broker's name, MD License number, business address, city, state, zip code, direct telephone number, toll-free number, fax number, and email address.
  5. Under the section detailing the refinancing plan, fill in the address of the home being refinanced, including city, state, and zip code.
  6. Read and acknowledge understanding of the costs associated with the new loan, the potential differences in terms, and the expectation of receiving a reasonable, tangible net benefit from the new loan by initialing each statement.
  7. Each borrower should initial next to the benefits that apply to their situation from the list provided, such as obtaining a lower interest rate, shorter amortization schedule, changing from an adjustable rate to a fixed rate, among others. If "Other" benefits apply, specify these in the provided space.
  8. Reflect on and affirm that the terms of both the existing and new loans, the cost of the new loan, and personal circumstances have been considered. By doing so, confirm the belief that the overall benefits of the new loan are advantageous.
  9. Sign and date the form at the bottom to certify reading and understanding the Net Tangible Benefits Worksheet. Make sure all borrowers sign and date accordingly.

Following these steps carefully ensures the completion of the Maryland Net Tangible Benefit Worksheet with accurate and truthful information. Remember, this form serves as an essential document in the loan files, ensuring borrowers are making informed decisions about refinancing their mortgage loans.

Understanding Maryland Net Tangible Benefit Worksheet

What is the Maryland Net Tangible Benefit Worksheet?

The Maryland Net Tangible Benefit Worksheet is a document prescribed by the Commissioner of Financial Regulation that's required when a borrower plans to refinance an existing mortgage loan. This form ensures that the new loan offers a tangible benefit to the borrower when considering the terms, costs, and the borrower's circumstances in comparison to their current loan. It aligns with regulations outlined in COMAR 09.03.06.20 and COMAR 09.03.09.04, specifically addressing the duty of care lenders owe to their clients.

Who needs to fill out this Worksheet?

Any borrower who is considering refinancing their existing mortgage loan with a new loan secured against their home in Maryland must complete the Net Tangible Benefit Worksheet. Additionally, this form must be completed in collaboration with their mortgage broker or lender, who also needs to ensure that the document accurately reflects the benefits of the new mortgage compared to the existing one.

What benefits should be considered when filling out the Worksheet?

When filling out the Maryland Net Tangible Benefit Worksheet, borrowers must carefully evaluate various potential benefits of the new loan compared to their existing mortgage. These benefits may include, but are not limited to:

  • Obtained a lower interest rate.
  • Reduced monthly payment covering principal, interest, taxes, and insurance.
  • Shortened amortization schedule.
  • Shift from an adjustable rate to a fixed rate.
  • Elimination of negative amortization.
  • Removal of a balloon payment feature.
  • Receiving cash-out exceeding all closing costs of the new loan.
  • Avoidance of foreclosure.
  • Elimination of private mortgage insurance (PMI).
  • Consolidation of other loans into the new mortgage.

Each borrower initials beside any benefit that applies, ensuring that the new loan indeed offers a net tangible benefit personalized to their situation.

Where should the completed Worksheet be stored?

Once completed, the Net Tangible Benefit Worksheet must be kept in the broker or lender’s loan files as mandated by COMAR 09.03.06.04, which outlines the records retention requirements. This compliance step is crucial for both audit purposes and ensuring that the lender or broker has performed their duty of care in advising the borrower about the refinancing process.

Common mistakes

Filling out the Maryland Net Tangible Benefit Worksheet is an essential step for individuals refinancing their mortgage, but it's easy to make mistakes. Here are nine common errors:

  1. Not fully understanding the purpose of the worksheet, which is to ensure the new mortgage offers a tangible net benefit over the existing one.
  2. Failing to accurately print or type information can lead to misunderstandings or processing delays.
  3. Omitting details about the mortgage originator, such as the license number or direct contact information, can cause verification issues.
  4. Leaving out borrower(s)' names or providing incomplete information, which is crucial for identifying the loan application.
  5. Inaccurately describing the benefits of refinancing, such as obtaining a lower interest rate or reducing monthly payments, may affect the approval process.
  6. Skipping the section that requires each borrower to initial the benefits that apply to them, which is necessary for the form's validity.
  7. Not considering all the costs associated with the new loan, which is essential for understanding the true benefit of refinancing.
  8. Forgetting to specify other benefits if the predefined options do not fully cover the borrower’s situation.
  9. Not signing and dating the form, rendering the document incomplete and delaying processing.

It's crucial for individuals to take their time and ensure all information is completed accurately to fully benefit from refinancing their mortgage. Common pitfalls include:

  • Neglecting to review the entire form before submission, which may result in incomplete or inaccurate information.
  • Assuming that lower initial payments always lead to long-term benefits without considering potential increases in interest rates or terms.
  • Forgetting to compare the total cost of the new loan against the existing one, including closing costs and long-term interest payments.

Documents used along the form

When considering refinancing a mortgage in Maryland, the Maryland Net Tangible Benefit Worksheet form plays a crucial role in assessing the advantages of a new loan compared to the current one. However, this form is just one part of a broader collection of documents and forms that are often required during the refinancing process. These forms help in validating the borrower's information, verifying property value, and ensuring compliance with state and federal regulations.

  • Loan Application: This is a comprehensive form where borrowers provide personal information, employment history, income, assets, debts, and a description of the property. It's the starting point for most mortgage transactions.
  • Authorization to Release Information: This document gives the lender permission to verify the information provided on the loan application, including employment history and bank account information.
  • Credit Report Authorization: By signing this form, the borrower allows the lender to obtain a credit report to assess credit history and current credit score.
  • Appraisal Report: An appraisal report is required to determine the current market value of the property being refinanced. This ensures the loan amount does not exceed the property's worth.
  • Disclosures: Various disclosures are required by state and federal law. They inform the borrower about their rights, the costs associated with the loan, and details of the loan program.
  • Good Faith Estimate: Although now often replaced by the Loan Estimate form with the implementation of the TILA-RESPA Integrated Disclosure rule, this form provides an estimate of closing costs and loan terms.
  • Title Search and Title Insurance: A title search is performed to ensure the property is free of any liens or claims. Title insurance protects against future discoveries that could question legal ownership of the property.
  • Closing Disclosure: This form provides the final details of the mortgage loan, including the interest rate, monthly payments, and closing costs. It must be received by the borrower at least three days before closing.
  • Income Verification Documents: These can include recent pay stubs, tax returns, and W-2 forms to confirm the borrower's income and employment status.

Together, these documents build a comprehensive picture of the borrower's financial situation, property value, and the specifics of the loan being considered. It's important for borrowers to understand each form and provide accurate, up-to-date information to avoid delays or issues in the refinancing process. The Maryland Net Tangible Benefit Worksheet form, while significant, is just one piece of the puzzle in achieving a successful and beneficial mortgage refinancing.

Similar forms

The Maryland Net Tangible Benefit Worksheet is similar to several other documents used in financial and real estate transactions, primarily focusing on ensuring that participants understand and benefit from a given transaction. These documents include:

  • The Loan Estimate Form
  • The Annual Mortgage Statement
  • The Loan Modification Agreement

The Loan Estimate Form shares similarities with the Maryland Net Tangible Benefit Worksheet as both provide detailed information about a proposed mortgage loan so that borrowers can comprehend the costs, terms, and conditions before proceeding. Specifically, they each offer a breakdown of interest rates, monthly payments, and the total cost of the loan over its lifespan. However, the Loan Estimate Form is typically provided to borrowers early in the loan application process, offering an initial overview of the expected terms, while the Maryland Net Tangible Benefit Worksheet specifically evaluates the benefit of refinancing an existing mortgage against these new potential terms.

The Annual Mortgage Statement is another document with similarities to the Maryland Net Tangible Benefit Worksheet. This statement, usually received by homeowners once per year, outlines the remaining mortgage balance, interest paid, and principal paid over the course of the previous year. Although serving different purposes, both documents help borrowers understand their financial situation related to their mortgage. Whereas the annual statement offers a retrospective look at payments made and interest charged, the Net Tangible Benefit Worksheet helps borrowers prospectively evaluate the benefits of refinancing their current mortgage into a new one, factoring in closing costs and the potential for improved loan terms.

The Loan Modification Agreement also bears resemblance to the Maryland Net Tangible Benefit Worksheet, as both aim to present the terms and benefits of altering the original loan agreement. A Loan Modification Agreement outlines the adjusted terms of a mortgage loan — such as changes to its interest rate, payment schedule, and other terms — with the goal of making the loan more manageable for the borrower. The Net Tangible Benefit Worksheet, on the other hand, is used in the context of refinancing rather than modifying an existing loan but similarly focuses on ensuring that the borrower benefits from the new terms when compared to their current situation.

Dos and Don'ts

When completing the Maryland Net Tangible Benefit Worksheet form, individuals must approach the task with attention to detail and due care to ensure accuracy and compliance with the relevant regulations. Here are six dos and don'ts to guide you through the process:

  • Do thoroughly review all the terms and conditions associated with both your existing and new loans to accurately assess the net tangible benefits of the refinancing. Understanding the specifics can help you make informed decisions.
  • Do ensure that all information provided on the form is typed or neatly printed to avoid misunderstandings or potential delays related to illegible handwriting.
  • Do include the full and legal name(s) of the borrower(s) as inaccuracies can lead to complications in verifying loan agreements and could potentially affect the legality of the document.
  • Don't overlook the importance of initialing next to the benefits that apply to you. This acknowledgment is a critical part of demonstrating that you understand how refinancing will offer a reasonable, tangible net benefit given your particular circumstances.
  • Don't leave any sections incomplete, unless they are entirely not applicable to your situation. Every question and field is designed to ensure that borrowers and lenders comply with Maryland's regulatory requirements concerning refinancing loans.
  • Don't forget to sign and date the form. Unsigned or undated documents may not be considered valid, which could delay or impede your refinancing process.

Following these guidelines can simplify the process of completing the Maryland Net Tangible Benefit Worksheet form and help ensure that all parties involved adhere to the state's financial regulations. It's always recommended to consult with a professional if you have questions or need clarification on specific points.

Misconceptions

The Maryland Net Tangible Benefit Worksheet (NTBW) form is a critical document in the refinancing process for homeowners, yet misconceptions about its purpose and usage are common. These misunderstandings can impact financial decisions significantly. It's essential to clear up these misconceptions to ensure borrowers make informed choices when refinancing their mortgage loans.

  • Misconception 1: The form is optional in the refinancing process. In reality, the NTBW form is mandated by the Commissioner of Financial Regulation and must be used in compliance with specific COMAR regulations. It's a fundamental part of ensuring that the refinancing provides a tangible net benefit to the borrower.
  • Misconception 2: Only the borrower's information is necessary. While the form requires comprehensive details about the borrower, it also demands information about the mortgage originator, lender, and broker, including license numbers and contact information, underlining the importance of transparency in the refinancing process.
  • Misconception 3: It ensures the new loan is the best option available. While the NTBW guides borrowers to evaluate the tangible benefits of a new loan compared to their current one, it doesn't guarantee that the new loan is the best option available in the market. Borrowers should conduct their research or consult with financial advisors for a broader perspective.
  • Misconception 4: The borrower must accept all the benefits listed on the form. The form allows borrowers to initial the benefits that apply to their situation specifically, promoting a customized approach to evaluating the refinancing process based on individual circumstances and benefits.
  • Misconception 5: Signing the form commits the borrower to the new loan. Signing the NTBW is an acknowledgment of understanding the benefits and agreeing that the new loan offers a tangible net benefit. However, it is not a contractual agreement to the new loan. Borrowers can and should continue to evaluate their options before making any final decisions.
  • Misconception 6: The form is the only document needed for refinancing. While the NTBW is crucial, it is part of a suite of documents required in the refinancing process. It focuses on the benefits analysis but must be supplemented with other financial, legal, and property documentation for a comprehensive review and approval process.

Understanding the function and requirements of the Maryland Net Tangible Benefit Worksheet is essential for any borrower considering refinancing their mortgage. By dispelling these misconceptions, borrowers can better navigate the process, ensuring that their financial decisions lead to beneficial outcomes. Always seek professional guidance when dealing with complex financial documents to make well-informed decisions.

Key takeaways

  • The Maryland Net Tangible Benefit Worksheet is a mandatory form for those involved in refinancing a mortgage in Maryland, established in alignment with specific state regulations (COMAR 09.03.06.20 and COMAR 09.03.09.04) to ensure the Duty of Care is observed. This underscores the responsibility of lenders and brokers to act in the borrower's best interest.
  • Information needs to be either typed or printed clearly on the form, reinforcing the importance of legibility and the formal nature of the document. This requirement aids in avoiding misunderstandings or the misinterpretation of vital loan information.
  • The form is an essential part of the loan files for brokers and lenders, as dictated by COMAR 09.03.06.04 which details record-keeping requirements. This indicates the legal need for transparency and thorough documentation in financial dealings.
  • Both the borrower(s) and mortgage originator, along with any involved brokers or lenders, must provide detailed contact information. This facilitates clear communication between all parties involved and ensures accountability.
  • Borrowers are required to acknowledge understanding of the new loan's costs, terms, and the tangible net benefit they expect to receive. This acknowledgment seeks to protect borrowers by ensuring they are informed and consenting participants in their financial decisions.
  • The form lists specific benefits that might result from the refinancing (e.g., obtaining a lower interest rate, reducing monthly payments, changing from an adjustable rate to a fixed rate). Borrowers must initial next to any benefits they believe apply to their situation. This process not only personalizes the refinancing experience but also helps borrowers to actively consider and articulate how the new loan will benefit them tangibly.
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