Cancellation of Private Mortgage Insurance: Federal Law May Save You Hundreds of Dollars Each Year.

If you put less than 20 percent down on a home mortgage (80%of purchase loans), lenders often require you to have Private Mortgage Insurance (PMI). PMI protects the lender if you default on the loan. It pays the lender back for whatever amount is above the 80% of home value. The Homeowners Protection Act of 1998 - which became effective in 1999 - establishes rules for automatic termination and borrower cancellation of PMI on home mortgages. These protections apply to certain home mortgages signed on or after July 29, 1999 for the purchase, initial construction, or refinance of a single-family home. These protections do not apply to government-insured FHA or VA loans or to loans with lender-paid PMI. In 2007 it was enacted that PMI would be tax deductable but this is renewed annually so there is no guarantee that it will be kept up.

For home mortgages signed on or after July 29, 1999, your PMI must - with certain exceptions - be terminated automatically when you reach 22 percent equity in your home based on the original property value, if your mortgage payments are current. Your PMI also can be canceled, when you request - with certain exceptions - when you reach 20 percent equity in your home based on the original property value, if your mortgage payments are current.

One exception is if your loan is "high-risk" or "sub-prime." Another is if you have not been current on your payments within the year prior to the time for termination or cancellation. A third is if you have other liens on your property. Many people get confused about home equity loans, but for lender purposes they are considered a mortgage or lien against oyur house. For these loans, your PMI may continue. Ask your lender or mortgage servicer (a company that collects your payments) for more information about these requirements. Many times your loan is "sold" to another company who takes your payments; it is imperative to ask them their policies on PMI.

If you signed your mortgage before July 29, 1999, you can ask to have the PMI canceled once you exceed 20 percent equity in your home. But federal law does not require your lender or mortgage servicer to cancel the insurance. It may actually be a good idea to refinance your home loan to avoid the costly PMI.

On a $100,000 loan with 10 percent down ($10,000), PMI might cost you $40 a month. If you can cancel the PMI, you can save $480 a year and many thousands of dollars over the loan. Check your annual escrow account statement or call your lender to find out exactly how much PMI is costing you each year.

Additional provisions in the law

New borrowers covered by the law must be told - at closing and once a year - about PMI termination and cancellation.
Mortgage servicers must provide a telephone number for all their mortgage borrowers to call for information about termination and cancellation of PMI. You sometimes have to take the initiative and ask for your PMI to be dropped as the big companies will not volunteer to give money back.

Even though the law's termination and cancellation rights do not cover loans that were signed before July 29, 1999, or loans with lender-paid PMI signed on any date, lenders or mortgage servicers must tell borrowers about the termination or cancellation rights they may otherwise have under those loans (such as rights established by the contract or state law).