Congress
takes close look at mortgage disclosure rules:
Changes expected
By Michael
D. Larson Bankrate.com
How much does a mortgage cost? It's hard to tell,
according to lenders, consumer groups and government officials.
What with points, origination fees, appraisals,
insurance and other costs, the final cost of getting a mortgage
is something many consumers don't find out until the day they close
on a home.
"We have this really complex situation, and it's not serving anybody
well," says Paul Mondor, senior director of regulatory affairs for
the Mortgage Bankers Association of America. "It's really a pretty
disorienting mishmash and that's why we've been trying to reform."
New law next year?
Recent Congressional hearings, fueled by heated talks among industry,
government and consumer groups, could bring about new laws early
next year that aim to make it easier for home buyers to compare
mortgage costs. The changes being considered would require lenders
to give mortgage borrowers more accurate cost estimates earlier
in the application process, and either eliminate the annual percentage
rate calculation or rework it to incorporate more closing costs.
Mortgage borrowers are supposed to be able to get an apples-to-apples
comparison of competing loans by looking at the annual percent rates
-- or APR. APR is defined by the Truth in Lending Act, which requires
lenders to disclose any charges for obtaining credit, as well as
how those charges raise the interest rate if they are included with
the principal and paid over the life of the loan. That rate-plus-costs
figure equals the loan's APR.
The
other costs
But APR leaves out a lot of other borrowing costs, such as appraisal
fees, credit report fees, title insurance and a laundry list of
other expenses.
Regulators highlighted the problem before two
subcommittees of the Senate Banking, Housing & Urban Affairs
Committee in July. As part of a joint report by the Federal Reserve
and the Department of Housing and Urban Development, Federal Reserve
Governor Edward Gramlich noted that the Truth in Lending Act defines
the term "finance charge" very broadly. It includes any charge paid
by the consumer and imposed by the creditor as a result of the extension
of credit.
"But in practice the finance charge and the
corresponding APR have never disclosed the full cost of credit,"
Gramlich testified.
The true total includes costs that, while relatively
small on an individual basis, can add up. Lending experts say appraisals
average $300, title searches $50 and title insurance policies $200,
with flood searches at less than $25 and credit reports costing
a few dollars.
Cost
estimates
Disclosure of these costs and others are governed by the Real Estate
Settlement Procedures Act, which requires lenders to provide two
pieces of information. The first, a so-called "good faith estimate"
of those charges, must be given to potential borrowers soon after
they turn in their loan applications. The second is an itemized
bill of the actual costs. Known as the settlement statement, it
is presented at the closing, when the borrowers often have already
paid several charges, such as inspection fees or insurance premiums.
The problem is that borrowers frequently end up with estimates that
vary widely from their final settlement costs. Even when they do
receive an accurate estimate it comes too late for them to evaluate
it against other offers.
"By the time you apply to a lender under today's
situation, you're shopping is over," says Mondor of the Mortgage
Bankers group. "People go and call up and say, 'What's your rate?
How many points?' and if they're really savvy, they'll say, 'What
are your closing costs?' and they just go on that information.
"But there's no law saying they have to be told
anything that's remotely close to what they may end up paying."
Slogging
through the issues
Although no legislation has been introduced on Capitol Hill yet,
the Mortgage Bankers, National Association of Mortgage Brokers,
Consumers Union and other concerned organizations continue to slog
through the issues as part of the Mortgage Reform Working Group,
an industry coalition. Congress is expected to continue hearings
this fall to solicit public input, although nothing has been scheduled
yet, and any bill likely won't be introduced for at least six months
because of the upcoming election season.
The biggest potential change could involve modifications
to how APR is figured. While the Fed and HUD favor expanding the
rate to include more closing costs, lenders and mortgage brokers
say consumers would be better off if the figure were eliminated
completely. Rather than try to compare two numbers that might not
include the same charges, borrowers would instead get just two figures
-- the loan's basic interest rate and the cost of all closing expenses.
A Fed survey revealed that consumers practically
ignore the APR when shopping for mortgages, says Robert Lotstein,
the Mortgage Brokers' Washington-based counsel.
"They want to know the interest rate and points,
they want to know the closing costs and they want to know their
monthly payments," he said.
Some
more suggestions
Another suggestion from HUD and the Fed is to eliminate the discrepancy
between estimated and actual closing costs. Under this scenario,
lenders would be required to give borrowers either a guaranteed
quote or an estimate that varies from the final bill by no more
than a certain percentage or dollar amount.
The time a lender has to provide such an estimate
could be modified as well. The Fed wants a 3-day deadline and HUD
is looking for an even quicker turnaround.
That would be simpler, in part, if the law were
modified to make it easier for lenders to negotiate settlement service
packages, regulators say. By setting up contracts in advance that
guarantee the cost of title searches, appraisals and other closing
requirements, lenders could estimate a borrower's charges sooner.
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