My Interview with Jillayne Schlicke of Ethical Lending Foundation

JillayneJillayne and I go way back and recently have been reacquainted when we both became “Active Contributors” on Rain City Guide.  I have really enjoyed reading and responding to her blogs.  I am also quite interested in her company, Ethical Lending Foundation, which is very timely for the mortgage industry in light of new licensing laws and continuing education requirements.

Q: What prompted you to create Ethical Lending Foundation?

My business partner, Dr. Kevin Boileau and I do work in the area of applied professional ethics. Any profession that has to be licensed also has a code of ethics with mandatory training. An example is the Nat’l Assoc of Realtors Code of Ethics. Every four years, all Realtors nationwide must complete an ethics class. We write codes of ethics and have read hundreds of codes from all different industries. We have been writing and publishing articles in trade journals for many years now about the current codes of ethics available through The Nat’l Assoc of Mortgage Brokers, Mortgage Bankers Association of America, and the Nat’l Assoc of Professional Mortgage Women. We approached WAMB and NAPMW and offered to re-write their code. NAPMW declined and WAMB wanted us to do our work for free.

When the Department of Financial Institutions changed the Washington State law mandating all education course providers go through a professional organization, we decided to form a new professional organization with the absolute highest ethical standards, much higher than NAMB, MBAA, and NAPMW, and open up membership to all lending workers: loan officers from banks, loan originators from brokers, and so forth.

The biggest change we offer consumers is that members of our organization subscribe to put the client’s interest above their own interests. This prescribes "fiduciary duties" and elevates the status of our members to that of a "Professional."

The basic definition of Professional as a noun (and not as an adjective, as in "Jillayne is answering these questions in a professional manner") is as follows:

A Professional is someone who:

Has specialized knowledge in his or her subject area
Completes a minimum level of education
Is tested for competency
Is licensed
Maintains that license with mandatory continuing ed
Subscribes to a code of ethics with sanctions for violations
Owes fiduciary duties to clients

The easiest examples to see how this works is a doctor or a lawyer. The nice benefit for lenders who rise to the level of being a Professional is that you get to charge more for your services. Paralegals are another example. There was a group of legal secretaries who figured out that they were doing a whole bunch of legal work, and they didn’t have a law degree. They got together and formed a professional organization and now they get to charge a whole lot more money for their services.

In any narrative history of any profession, we will always see movement towards requiring MORE education, testing, higher ethical standards, more prescribed duties, as compared to any movement towards requiring LESS of these things.

I’m more of a DO-er instead of a talker. Dr. Boileau and I grew bored with all the talk about higher standards and decided to DO something about it. We have received favorable responses coming from all across the U.S.

Q: Sometimes your blog posts target mortgage brokers. What’s up with that?

I love mortgage brokers! But sometimes they get myopic and aren’t able to see that even though they are operating their business with a high degree of professionalism and ethics, that not everyone else in their industry is doing this. When consumers hear the word "predatory lending" to them, that means anyone in lending: banker, broker, credit union, consumer finance company. We all know that P-lending can take place at any institution. Consumers have become less trustworthy of all lenders, because they don’t really understand the difference between how institutions are regulated. The broker community likes to point the finger outward at banks or at consumers for being un-educated. A better action plan would be to figure out how to differentiate brokers so much that they are the institutions with the absolute highest ethical standards and offer the best choice for consumer trust. This is the change I would like to help influence.  Sometimes that means taking a bold stand and using radical, satiric references in order to get the attention of industry workers who normally just go on about their day thinking that someone else will solve the world’s problems. It will be all of us, slowly working
together every day.

Q: How has blogging impacted your career?

Oh, I’m not sure blogging has impacted my career. It’s too early in the advent of this medium to really have any meaningful data. Ask me this question again in six months. I can speculate on how it might impact what I do for the industry.

I think of blogging as another form of education. When online learning hit the world, I was unimpressed. It started out as correspondence classes put on a computer. Very boring. I remember finishing what was suppose to be a 3 hour class on Fair Housing in 19 minutes. Then we saw the online learning world add graphics and mini quizzes which made us pay more attention, but online learning is still kind-of one-dimensional. I think blogging might have a future in online education.

Q: What do you do for fun?

I play adult co-ed indoor soccer which provides a healthy aggressive outlet for all my energy. I also go to school at Antioch U in Seattle. I’m almost done with my Masters degree in Psych and I’m studying the relationship between business ethics, philosophy, and moral psychology. I have always been fascinated by the question "why do people do what they do?" I have two active daughters so I’m always running around having fun with them. Kids are avid tech sponges. My younger daughter walked up to a cell phone on display at the Sprint store and took my picture. And I’m the techie in the family! I think if we just simply watch what our kids are doing with communication devices and media, we will see how blogging will impact business in the years to come. In some elementary schools, they are already using blogging as a learning tool.

If you would like to learn more about Ethicial Lending Foundation, please contact Jillayne.  Jillayne, thank you for being my first blog interview!

Before You Go to Your Signing Appointment

EDITOR’S NOTE: This post has been updated. Click here to read the most current version.

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1.  Bring a cashier’s check.  A good lender will do everything in their power to provide escrow with instructions in a timely manner so that they can, in turn, give you the dollar amount required as soon as possible.  Sometimes, you may only get a day or two of notice before escrow contacts you with this information.   The reason this can occur so late in the process is because all the loan documents have to be prepared by the lender and are then delivered to the escrow company with our instructions.   The escrow company then creates a HUD-1 Settlement Statement which determines exactly how much funds you need to bring to closing.    When you are told the amount, you need to obtain a cashier’s check payable to the escrow company and bring it with you to the closing appointment.   A personal check is a no-no.  NOTE:  If you are considering wiring funds to the escrow company, please contact them in advance to discuss this process.

2.  Bring a copy of your Good Faith Estimate.   You will want to compare it to the Estimated HUD-1 Settlement Statement that will be presented to you at the signing.   Hopefully, the Escrow Officer has provided your Loan Originator a copy of the HUD in advance for them to review it prior to your appointment.   

3.  Bring your current driver’s license.  The notary must see them for proof you are you!  Some may require two forms of identity.

4.  Bring anything else that the escrow company or lender request.  Sometimes the lender may need you to bring follow up documentation to closing (such as originals, paystubs, etc.). 

5.  Bring directions to the escrow company.   Be sure to get specific directions to the escrow company from the escrow company (or visit www.mapquest.com).  Please be on time.  Escrow companies are often very busy and generally on time.

6.  Plan on your signing taking approximately 45 – 60 minutes.  If you would like to have more time to read your documents, or to have an attorney review them for you, ask your lender in advance so they can accommodate having a copy of your loan documents available to you in advance.   Your loan package is about an inch of paper.   If you want to read it word for word, you should get a copy beforehand.   

7.   Sign your documents as your names appear.   Sign your name within the County’s required borders for recordings.  This avoids last minute corrections or delays in your closing.   You may want to do some hand exercises before signing (just teasing—well, kind of).

If you have questions regarding your loan documents or program, please call your Loan Originator.  Don’t be shy!   The signer may not be familiar with your specific loan program.

After signing your documents, escrow sends the original required documents to the title company who, after reviewing, delivers them to the County.   With our company, the funding department also reviews the loan documents and verifies all conditions are met. 

At this point, the lender coordinates with the escrow company to release the funds and to record the documents on the scheduled day for closing.   Typically either the escrow company or your real estate agent will contact you once your transaction has recorded.

Loan Originator Licensing Links

Try saying that 3 times fast!  I’m preparing for my presenation at the Greater Eastside Escrow Association on Thursday on Loan Originator Licensing.   I’m going to feel a little like the wolf in front of the hen house…although I’ll be out numbered!  It’s actually all good.   I have a background in title and escrow in my past life before I was a lender.   Since I’m working on assembling a list to hand out to the Escrow Officers, I thought it might be more convenient to post the website regarding licensing here. 

Mortgage Broker Practices Act

Mortgage Broker Practices Act Rules

Washington State’s Broker and Loan Originator Licensing Law Chpt. 208-660 WAC

DFI’s List of Licensed Loan Originators (this is very backlogged…I’m not on it yet and I should be.  So please don’t assume that because a LO’s name is not on the list that they didn’t pass the background check).

WAMB’s LO Licensing info

Seattle Time’s Article

Rain City Guide blog that I authored, Licensed to Loan

Ethical Lending Foundation — offers clock hour approved courses for loan origintors.

I’m sure there’s more information available…this is just a quick place to start!  If you have suggestions for other links I should post here, please comment and let me know.

How to Pick a Lender

Picking your mortgage professional is not as easy as selecting a good cantaloupe or watermelon atJ0400581  the market.   As tempting as it may be, I certainly wouldn’t recommend thumping a Loan Officer on the head to see if there’s anything in between the ears or smelling them to see if their fresh!  So how does a potential buyer decide who they should use for possibly the financing one of their largest investments in their lifetime?

  [Read more…]

Credit Unions, Banks and Brokers…OH MY!!!

Recently I found myself drawn into a blog on Rain City Guide.  The topic that got my attention is Wiz authored by Jillayne Schlicke titled “Hot or Not” which featured various tips for first time homebuyers from an USA Today article.   The specific “hot” tip that forced me off of the sidelines and onto the paying field (it was New Years weekend…football…etc.) was: 

"Hot:  The author also suggests comparing rates and fees from three different lending sources: a mortgage broker, a banker and a credit union". 

After a few friendly banters back and forth debating our points, I realized what my real issue was…it’s not the institution, it is the person.   I do believe that a broker is going to offer a consumer more products and rates from many different sources than a bank or credit union…and I’ll still stick by my guns to say a “licensed originator” (banks and credit union loan officers do not have to pass background test and exams and be licensed) is probably better suited to serve a consumers mortgage needs.   Credit unions and banks typically just offer their products and rates.  If a bank loan originator elects to "broker" and not use a bank product, they are often paid a lower commission.   Brokers typically work many different banks (For example, the Broker I work for, Mortgage Master, works with over 80 different lenders, banks, etc.) and all of their products and rates.   

My recommendation is that a consumer should, instead of going to a bank, credit union and mortgage broker for rate and fees, consider these three options:

1)      Referral from a family member, co-worker or friend who has just bought or refinanced their home.

2)      Recommendation from their Realtor and, ask the Realtor why they prefer the lender over others.

3)      Recommendation from their CPA or CFP for the lender they endorse.

If a consumer does not yet have a Realtor, CPA or CFP, then I would recommend they ask a friend, family member and a co-worker for their lender.   

The whole idea of rate shopping is misleading and a potential for disaster for home buyers or people who want to refinance. A rate shopper really needs to be educated before picking up the phone, going to the internet, or picking up the "liars list" in the newspaper.  It really does come down to the individual providing you the quote, their ethics and expertise…how do you measure (or “shop”) for that? 

A mortgage is one of the largest investments most people will make in their lifetimes.  I cannot imagine allowing anyone providing me advice unless they could demonstrate they are competent, dedicated, educated and equipped with the latest mortgage programs available.   

Does licensing or an earned designation prove this?   I think it’s a step in the right direction.   I am one of the few loan originators in the fine State of Washington (grey, rainy and windy today) who has taken the steps to become a Certified Mortgage Planning Specialist (CMPS) and who is looking forward to having brokers become licensed…it’s just too bad the licensing does not apply across the board to EVERYONE originating any type of mortgage loan.   Alas, it’s only for Mortgage Brokers (Countrywide, Washington Mutual, Wells Fargo, Chase Manhattan are just a few of the loan officers who will not have to pass the test).    I predict that once the testing takes place (estimated mid 2007) you will see a shift of loan originators who use to work for brokers, leaping to mortgage banks to either avoid the test and background test, or because they could not pass the states requirements.

The true test of mortgage broker licensing will not be known to us until we actually take the exam late this year.    Measuring the ethics of anyone, let alone a loan originator, can be a tricky task…I guess that’s where I keep coming back to getting a referral from resources you trust.