Archives for February 2010

I love reading how people found Mortgage Porter via search engines.  Apparently someone has been doing some research on how much their adjusted origination charge "should" be.  The new 2010 Good Faith Estimate was designed by HUD with the intent that consumers would be able to shop mortgages using a more meaningful document.  The 2010 GFE is suppose to be an easier tool for home buyers and those considering refinancing to make educated decisions about their mortgage. 

What HUD and mortgage rate shoppers alike cannot control is how often mortgage rates change…just as with the pre-2010 good faith estimate, if you are selecting your largest debt (your mortgage) on your largest asset (your home) by interest rate alone, you're doing so with a moving target.  The 2010 GFE does provide the consumer with some protection as to how much certain closing costs may change, it cannot and does not protect the consumer against unlocked rate changes depending on what the mortgage originator uses for an expiration period on the GFE in the "important dates" section.

What also has not changed is how mortgage rates are priced.  Home buyers and home owners interested in refinancing still have the option of having their mortgage priced with or without points or origination fees.  They simply need to communicate this to the mortgage originator.  Lower closing cost tends to equal a higher interest rate (typically, but not always, 1% of the loan amount tends to pencil out to 0.25% in interest rate).  Mortgage rate shoppers will still need to compare interest rate to closing costs keeping in mind that the rate shown on the GFE may no longer be available by the time they select a mortgage lender.

The 2010 Good Faith Estimate includes additional fees than just the origination on the "adjusted origination charges".  The fees reflected in this section may include:

• loan origination fees
• discount points
• processing/admin fees
• underwriting fees
• funding fees
• doc prep
• wire fees
• other misc. lender fees charged by the lender when originating a mortgage

For example, if a mortgage originator provides an estimate priced with zero origination or discount points, the adjusted origination charges may still show fees if they have an underwriting or funding fee (any fees listed above).  You can request the mortgage originator provide you with an itemized list of fees when reviewing an estimate. 

When reviewing the 2010 GFE make sure that you're also factoring in the lock period the mortgage originator is using (the shorter the lock period, the less expensive your rate will be).  Obtaining a rate quote based on a 15 day lock looks great and is useless if your transaction is closing in 30 days.  (Refer to the "important dates" section on page one of the GFE).

Don't forget, if your mortgage originator won't provide you with a good faith estimate on your home located in Washington State, I will.  Many LOs are reluctant to issue the 2010 GFE because of the liabilities associated with guaranteeing closing costs.

Update August 15, 2010:  Since 2010, HUD has created a new GFE and rate shoppers may find a challenging time obtaining an estimate from a mortgage originator without meeting what HUD constitutes an application.  Many mortgage originators are issuing "rate quote work sheets" with a Good Faith Estimate to follow once the 6 points of information (application including a credit report).

EDITORS NOTE:  This is another personal favorite article that I wrote at Rain City Guide.  Since I'm taking a few days off from blogging, I thought I'd share it with my Mortgage Porter readers.   To read the original post including the comments, please visit Rain City Guide.  With the changes to the Good Faith Estimate that have happened in 2010, this post is as relevant as ever.

A few weeks ago, one of the Realtors I work with, Suzy Seller, contacted me to see if I could help her client with an out-of-state mortgage.   Ima Rusty (names are changed to protect the innocent), was moving to Arizona to retire and perhaps see the sun.   Ima had gone to her “local bank mortgage company” since they had provided her mortgage for her home in Washington, for her financing on her new home.    For some reason, Ima was not feeling very confident with her lender after two weeks into the transaction.

Since I stick to lending in Washington State, I offered to review Ima’s good faith estimate for her.   The rate was fine and the closing costs all seemed in line…everything looked great until I noticed that on the Federal Truth In Lending, the box that states there “may be a prepay” was checked.    According to Ima, their credit is perfect.   She was completely unaware of a prepayment penalty.   After I encouraged her to contact the Loan Originator to ask if there is indeed a prepayment penalty.  Maybe the box was marked in error?  Here’s what Ima told me:

I was able to speak with our loan officer and arrange for the documents to be changed to reflect appropriate changes to allow prepayment of up to 20% of the loan amount within a 12 month period without penalty or fees thereby reducing the monthly payment.  I am satisfied that we’ve covered the areas which were of major concern and as far as I can see, we’re “good to go”.

He bamboozled her into thinking she did not have a true prepayment penalty.  He did not make any changes to her documentation…this is a boiler plate prepayment penalty.   I proposed one last question for her.   “What if you decide to sell the property next year”.   After all, what if after the Rusty’s move to AZ, they miss our rain and our four seasons?   That’s when she discovered that the prepayment penalty was for three years. 

Ima Rusty decides this is a bad deal.   After confronting the Loan Originator, the Rusty’s decide they want out.   The Loan Originator was unwilling to waive or reprice the loan without the prepayment penalty.   I have a hard time believing this was their only option.  Especially since the prepayment penalty was not explained (it was disclosed…only by sneaking it on the TIL) to the Rustys upfront.

I often review Good Faith Estimates to check on the rate, closing costs and prepayment penalties.   When a rate looks too good to be true (something I cannot come near offering), I encourage the borrower to see if they can lock it in and to have the LO provide a written lock confirmation.    I also advise borrowers to see if the Loan Originator will guarantee the closing costs (Section 800) on the good faith estimate.  A consumer should bring their Good Faith Estimate to their signing appointment to compare the closing costs with those on the HUD-1 Settlement Statement.   If a Loan Originator starts back peddling when asked these questions, I suggest that the borrower should do the same. 

Second opinions on Good Faith Estimates are FREE and any Mortgage Professional should be happy to provide this without running your credit.   

By the way, Ima Rusty use to work for an attorney…

I did send [Big Bank Mortgage] an email message which included reference to fair lending practices (not specifically predatory lending laws)…. I have been in touch with the Attorney General’s office and they seem to feel there’s some indication of senior exploitation in this case.  If we want to proceed with an investigation they are willing to do so…. Meanwhile, I’ve cancelled the [Big Bank Mortgage] loan and requested cancellation of our line of credit.  

EDITORS NOTE:  This post by yours truly was originally published at Rain City Guide.  Since I'm taking a blogging break, I thought I'd share it with you here.  To read the original post along with the comments, please visit Rain City Guide.

Okay, I admit…I’ve been groaning, sniveling and bitching along with many other mortgage originators about HUD’s 2010 Good Faith Estimate.   The document has it’s faults and was created pretty much because of the faults of loan originators who used the GFE as a tool for bait and switch.   We’ve had a month to mourn the loss of the old good faith estimate, which was an asset in how I explained scenarios to my clients…it’s gone.  Get over it.

I’m hearing from consumers that many mortgage originators are refusing to issue Good Faith Estimates – even if they have provided the “six points of information” which HUD uses to define a loan application.   A mortgage originator has three business days to provide you with a good faith estimate or deny your “application” if you have provided the following:

• the borrower(s) name
• monthly income
• social security number to obtain a credit report
• property address
• estimated value of the property
• loan amount

HUD has added an additional item (which can be vague):  any other information deemed necessary by the loan originator.

Per HUD’s most recent RESPA FAQs that were updated on January 28, 2010, a mortgage originator cannot refuse to issue a good faith estimate if they do not have supporting documentation (such as income or assets documentation) or verification disclosures signed by the borrower.   If after providing a GFE to a borrower, it is discovered that their income they provided is not how an underwriter would view it, this may constitute a “changed circumstance” allowing a revised good faith estimate to be issued.    If you read the FAQs, you can tell that HUD is well aware that consumers have been having a real challenging time getting their hands on the 2010 GFE.

Update from HUD’s RESPA FAQs (page 11, #33)

“In order to prevent over burdensome documentation demands on mortgage applicants, and to facilitate shopping by borrowers, the final rule specifically prohibits the loan originator from requiring an applicant, as a condition for providing a GFE, to submit supplemental documentation to verify information provided by the applicant on the application…

Similarly HUD has long supported a public policy goal of creating a circumstance where consumers can shop for a mortgage loan among loan originators without paying significant upfront fees that impede shopping”.  (Only a credit report can be charged to a borrower at this point).

So dry your eyes, my fellow mortgage professionals, the Good Faith Estimate IS a tool for consumers to use for shopping…whether we like it or not.  It’s time to open our arms wide and embrace it. 

PS LO’s:  This post (and any of my articles) are not a replacement to your employer’s compliance department or legal advice.

Happy Valentines Day