Getting
to the bottom line
can be tricky business for mortgage applicants
Fourth in a five-part series: Halloween
horrors
By Michael D. Larson
Bankrate.com
Just how easy is it to get a mortgage? Some would
have people believe that automated credit scoring, Internet loan
applications and other whiz-bang features of today's home lending
world make the process painless.
But some mortgage lending practices are so noxious
that they are at the heart of reform hearings and negotiations in
Congress.
One member of a mortgage reform coalition, Citibank
official Douglas Webb, put it this way before a House subcommittee
gathering Sept. 16: "The current patchwork of outdated laws and
regulations governing mortgage lending serve no one well and have
engendered waves of litigation against the industry."
The
Good Faith Estimate
(What you see ain't what you get)
What exactly does "good faith" mean?
Who knows? And that's why borrowers at the start
of the loan process can be told pretty much anything about what
their closing costs will be in the end. Federal law requires lenders
to provide a "Good Faith Estimate," or GFE, within three business
days of the time borrowers submit their applications.
But the law lacks teeth, experts say, so lenders
don't have much incentive to follow it. After all, if "Lender A"
could lose a customer's business by saying closing costs will probably
be $500 more than what "Lender B" said, why shouldn't Lender A just
fudge the number?
"There is a requirement of a GFE, but it is,
of course, an estimate," one Department of Housing and Urban Development
official said in August. "When you get to the closing table, the
numbers are higher than when you get quoted the loan, and there
is no federal penalty for that discrepancy right now."
Even the APR can't set things
straight
Some might think the annual percentage rate,
or APR, given by lenders might help offset any confusion over closing
costs. It's designed to reflect the cost of getting credit, so it
includes everything that borrowers have to pony up at closing, right?
Well, actually, no.
According to a Federal Reserve table, the Truth
in Lending Act requires that the APR include things like the origination
fee, points and any charge paid by a borrower to a mortgage broker
for services rendered. But anybody who's been through a mortgage
knows that a host of other processes involved cost money. Many of
those things, such as the property appraisal, title search and insurance,
notary and some recording fees, credit report and flood certification,
don't have to be included in the APR quote.
The result, experts say, is more confusion over
just how much a mortgage costs.
YSP: Not as harmless as
it sounds
It's sounds like another acronym for the millennium
bug affecting computers worldwide, but the YSP problem has been
a thorn in homeowners' sides for years. The letters stand for yield
spread premiums (called "kickbacks" in more egregious cases where
consumer advocates say these premiums have been abused).
In short, brokers arrange a higher mortgage
rate for customers who don't have enough money for closing costs
and the broker fee. Lenders, in exchange, pay those costs back to
the broker. Trouble arises when unscrupulous brokers get unsuspecting
customers to pay a higher-than-market rate in order to get more
money from their lenders. Or, a broker might try to make more fee
money by steering business to a more expensive lender, who in turn
would kick back money from the higher-rate loan.
Industry representatives say the system helps
borrowers in a bind who could otherwise not afford costs associated
with getting a mortgage loan. But consumer advocates argue that
the payments amount to an incentive for brokers to offer customers
the highest rate possible in exchange for a greater payoff.
Several lawsuits have been filed over the issue,
and it's not clear whether the system will be changed or declared
illegal. In the meantime, however, borrowers should take note of
how their brokers are getting paid.
"Consumers have been truly hurt by the payment
of yield spread premiums; paying thousands of dollars more for their
loans than their lenders required," according to Congressional testimony
from Margot Saunders, managing attorney with the National Consumer
Law Center.
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