Special offer

What is a "Commitment To Lend" and why they can be worthless

By
Real Estate Technology with Content, coding, marketing, host.

Recently there have been several posts here on AR with agents, loan officers and a couple of readers chiming in about pre-approvals, pre-qualifications and even Commitment Letters. In this very short post I am speaking only for myself and my companies and what he have, can and will do and the value of it. Specifically focus is on the commitment letter.

Pre-Qualification

If you get a pre-qualification letter from me you are getting a letter which says I have taken an application, examined the credit history and used an Automated Underwriting System to receive an approval level. No income statements have been verified, employment has not been verified and assets have not been verified. This letter means they have the credit history and have indicated they have the income, job history and assets to prove they are truly qualified. This letter can be had in as little as 15 minutes from the first phone call. My letter indicates only the credit has been examined and income, assets and employment have not been verified. Worthless? Not totally because credit tells a lot ... that's an entirely different blog.

Pre-Approval

If you get a pre-approval letter from me it means I have examined the income, assets, credit history, employment history, and have proven all the statement that we made on the application as well as satisfied any conditions of the AUS which apply to the borrower. I may or may not have seen an appraisal, title, home owner's insurance, and other factors related to the property. I also may not have finished the fraud screening in you (the agent) the seller, the appraiser, and the others involved in the transaction. If the deal busts after this it's because the buyer changed jobs, spent their assets, applied for new credit, or the seller or one of the agents has a fraud history or the appraisal, title or insurance has an issue. Valuable? You decide.

[UPDATED] - this can take as little as a day or as much as a few days depending on how co-operative the third parties are. Since it involves verifying rent and income those can be delays.
Commitment To Lend

Commitment To Lend

You will not get a commitment to lend from me. Ever. Likewise from almost every bank and lender in the nation. Commitments to lend are of essentially no more value than the Pre-Approval from above. (Argue if you like, I said I'm writing from my experience and my viewpoint.) A commitment to lend can be issued at any time the bank or lender wishes. I used to work for a company that issued commitments to lend with about 2 pages of small print. Those two pages of small print turned that Commitment to Lend into a Pre-Approval in the first paragraph.

My experience with commitment letters

From the late 1900s through about 2008 my company and I were well known in Georgia among real estate investors. I was deeply involved, well sought by investors and even taught in the John Adams Real Estate Investment Institute at Emory University. What I saw from them about shady deals would pickle the toes of the average real estate agent or loan officer.

The very first Commitment To Lend I held was many years ago and it was a very official stamped and signed document from Barclay's Bank. The loan commitment was for $50,000,000. The "gentlemen" who were brought to my office by a couple of very well known former NFL stars - and I do mean stars - as they were attempting to raise $18,000,000 for a development on an island not too far from Florida.

The men brought at least 1000 pages of documentation to my office. It was all well bound, much of it notarized. It included tax returns, corporation papers, applications to the FTC, and a litany of other items. I listened, watch the eyes of these big football players sparkle and shine and watched them almost giggle as the men described the millions of dollars in profit that awaited them ...

Was it a scam?

Immediately following the meeting I shook hands with the men and the football players and I headed to Marietta Diner for some really good lunch. They asked me what I thought and I told them. They didn't like the answer. You see the Commitment To Lend was real enough. It was the 2000 or so words crammed into a run-on paragraph that made it pretty much more useless than a pre-qualification letter. 

One of the conditions of the Commitment to Lend was that the men first raise $18,000,000 to be placed in escrow with the bank in London. Then there was a second approval process that needed to be completed. All Commitment Letters come with disclaimers and those disclaimers, in most cases, turn the Commitment To Lend into a pre-qualification with a more official sounding name.

Since then I have seen several "commitment letters", "letters of credit" and even some "German bearer bonds" not to mention a title to the rights of a dilithium mine. 

If you think a commitment to lend is any better than a well performed pre-approval letter you've been the victim of some really bad pre-approval letters. This probably makes you ripe to be the victim of a really normal Commitment to Lend.

A Commitment Letter requires a lender to completely underwrite a file with no property. It still takes hours of work if done properly and most lenders are not going to commit their underwriters, processors, set-up team, and the others to even looking at a file until there is a real deal on the table. 

Posted by

Web/Social Developer For HireĀ - I code. I create. I manage. Whether you need your website to actually do something other than look pretty or one of the following services let's talk. Anyone can make a beautiful WordPress site (all the hard work is done) but few can make it work for you. , blog content, research intense reports, data reports (and accompanying charts and graphics), ebooks, presentation content, speeches, social media management, advertising scripts, or similar, let me show you what you can have.

Listen to Social Media Edge Radio weekly for powerful tips on making the Internet pay for you. Blogging, social media, and web technology with some of the most successful and well-known guests on the Web!

I started writing on Active Rain in 2006 when I was representing the mortgage industry. I am no longer in that industry and many of the older posts contain outdated information. Please do not contact me for LENDING or MORTGAGE questions but rather contact a licensed mortgage professional from your area. I have always been in marketing and branding and that is still what I do. Thanks for reading!

Comments(36)

Ken Cook
Content, coding, marketing, host. - Marietta, GA
Content Marketer/Creator

Kathryn - that would be like those letters we used to send in second grade:

Do you like this buyer? ___ yes ___ no

Barbara - thanks for stopping in.

Chris - funny. That does happen.

Jul 21, 2010 05:04 AM
Kyle Jan
Scottsdale, AZ
Phoenix AZ Homes for Sale

Excellent.  I continually have this argument with seller agents.  My buyers agents get it, but the sellers side sometimes requests things that make no sense.  Spend more time arguing semantics then working on getting the transaction closed.

Jul 21, 2010 05:13 AM
Ken Cook
Content, coding, marketing, host. - Marietta, GA
Content Marketer/Creator

Kyle - I used to get all bowed up and confrontational when someone would tell me my pre-approval was worthless. Now I understand either (a) they have had a bad experience in the past, (b) they don't know what they are asking for or getting or (c) they are just way to good to stoop to working with such a worm as I.

Jul 21, 2010 05:22 AM
Amy Law
Alliance Properties - Crosby, TX

Thank you for clearing some of the mud out of the water. I have been following this whole thread, and you really made it much easier to understand.

Jul 21, 2010 05:36 AM
Paul McFadden
Responsive Pest Control - Seattle, WA
Pest Control, Seattle, WA.

Ken: Thanks. We won't even start underwriting until we have a full packet which includes appraisal, tax transcripts, etc., etc. I would bet most lenders are this way these days. And we underwrite in-house. They don't have the time or the resources to underwrite a file that is so far from being complete. Recently I had a realtor request I get all the documentation before issuing a pre-qual letter. I obliged although the deal fell through anyway. Really, and as Jeff Belonger pointed out recently, it's up to the loan officer to know when a prospect is qualified or not. We should all be thinking like bankers these days. If it intuitively looks like a solid loan based on our research, we should be able to issue a letter saying the borrower is qualified with the usual caveats. Thanks for the post!

Jul 21, 2010 05:58 AM
Ken Cook
Content, coding, marketing, host. - Marietta, GA
Content Marketer/Creator

Amy - so glad I could help.

Paul - same here. I'm not going to tie my processing team and underwriting department up sending in applications without a fully executed contract. Period. Not going to happen. Then again I'm not going to lose equity with a real estate agent by giving any kind of approval, qualification or commitment until I am confident in the borrower's ability to qualify for the loan. Pressure me all day for a letter and I'm not giving it until I'm satisfied. If the bank down the street will ... hasta la vista!

Jul 21, 2010 06:26 AM
Donna Harris
Donna Homes, powered by JPAR - TexasRealEstateMediationServices.com - Austin, TX
Realtor,Mediator,Ombudsman,Property Tax Arbitrator

You prefaced with saying this was a "short' post... but I actually read it all.

I completely agree. Even with a "line of credit" from a bank, you still have to get approval for the specific property and go through all the hoops.

Jul 21, 2010 07:07 AM
Ken Cook
Content, coding, marketing, host. - Marietta, GA
Content Marketer/Creator

Donna - I guess short is relevant :) and you are so right - there are no real shortcuts and people who say they have them generally don't. Kind of like those old DiTech commercials that made it sound like they had less paperwork than any of us or the old Countrywide commercials for "no closing costs" and "no-one can do what Countrywide can". 

Jul 21, 2010 08:00 AM
Brad Rachielles
CENTURY 21 Peak, Ca BRE# 01489453 - Upland, CA
REALTOR, CDPE, Upland, CA

Ken,

Well stated. Thanks for the information

Jul 21, 2010 08:25 AM
Randy Barnes
Atlanta, GA

Ken

Aces. This makes me know like and trust you a little more that I did a few minutes ago.  Very well thought out and written. Seems nicely transparent too.  Now can I get my 25 AR pts for a brilliant comment.

 

 

 

Jul 21, 2010 09:09 AM
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTORĀ® - Oklahoma Investment Properties

This must be reblog day for me. This is a topic where you cannot be concise but you can be complete. This meets that qualification.

Jul 21, 2010 09:12 AM
Jenna Dixon
Momentum Real Estate Group LLC - Marietta, GA
55 & Over | New Constructions | Horse Farms

Ken,

Spot on as per usual.  Realtors and brokers need to align themselves with LOs that UNDERSTAND the guidelines as well as or better than the underwriters if they want to have any reasonable level of comfort regarding financing.  And even that does not eliminate the variables of title, appraisal, insurance, and nowadays, the sellers ability to come to closing with the appropriate funds.

Jul 21, 2010 09:30 AM
Bryan Robertson
Los Altos, CA

Pre-approvals, pre-quals, and anything like them are almost a complete waste of time these days.  When underwriting can cancel a loan approval for something as minute as a Sears purchase or someone getting pregnant (check the news headlines today) the idea that a bank will actually "pre-approve" someone is laughable.

I'd like to see banks loan based on what they see on an app, verified in minutes (just as is done with car loans) and a law that fixes bank turn-around time to 3-4 days MAX on paperwork.  I find it funny that in the days of loose lending the banks would close in a heartbeat.  Now that they're under a microscope, it takes weeks for approvals.  Clearly banks CAN move fast for approvals when they need to, they just choose not to.

Jul 21, 2010 09:48 AM
Ann Gravel
Pat Bennett Realty - Plaistow, NH

Ken, guess I need to rethink the committment idea, although most of the lenders I've known have been very cooperative and worked with my clients.  It's like anything else, you do your best to make sure all the bases are covered.  BTW, you have some neat credentials and thank you for taking the time to reblog this subject.  Good job.

Ann

Jul 21, 2010 10:48 AM
Zak Lovenson
Pacific Oaks Mortgage - Westlake Village, CA

Great info - Thanks Ken.. Has anyone told you that you remind them of Andy Garcia in that profile pic?  Right out of Ocean's Eleven or something.. Well if not, you have now... Thanks again for a great post.

Jul 21, 2010 10:55 AM
Faye Y. Taylor
StepStone Realty, LLC - Floresville, TX
Country Living with City Convenience -Wilson Co TX

Great information.  Thank you. 

Jul 21, 2010 12:42 PM
Lane Bailey
Century 21 Results Realty - Suwanee, GA
Realtor & Car Guy

Darn, I guess that means I'll never get that letter from you...  Are you committment-phobic? 

;^ ) 

Final inspection is tomorrow...

Jul 21, 2010 04:02 PM
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans

Ken... can you explain this again... lol  Seriously, excellent job...  In this statement, what you said, was spot on...

"A Commitment Letter requires a lender to completely underwrite a file with no property. It still takes hours of work if done properly and most lenders are not going to commit their underwriters, processors, set-up team, and the others to even looking at a file until there is a real deal on the table." 

This is what ticks me off, because this is what so many think a pre-approval is. I still think pre-approval is a loose term. You could argue that it is fully underwritten, but then again, definitely that is what a commitment letter is, a commitment to lend. You did an excellent job with this one.  thanks for sharing.

jeff belonger

Jul 21, 2010 04:12 PM
Eleanor Thorne
Equity Resources - Cary, NC
Advantage Lending 919-649-5058

Perfect!  Great job explaining the process!

Jul 22, 2010 01:49 AM
Sylvia Barry
Coldwell Banker Previews International (#1 Marin_Sonoma_San Francisco_North_Bay) - San Rafael, CA
Marin and Sonoma Real Estate Leading Expert

Great job.  This is the 2nd one I read today and witih another one commenting on my reuse of the three level of loan applications - with link to FDIC site. 

And all I want to have is to explain to my clients on a high level why they need to get pre-approved and what they might expect.  Then I send them to mortgage brokers I trust! 

Great to learn about the different views and detailed explainations from the pros.

Jul 22, 2010 08:34 AM