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Buyers, please be careful with your lender selection.

By
Real Estate Agent with Roy Wheeler Realty Co.

Did you know... when a buyer or seller works with a Realtor, there is a fiduciary relationship created that requires the Reator to put the client's interests above their own (exceptions to this must be stated in writing).

There is generally no such relationship between buyers and lenders.  Some of the housing crisis issues may have been avoided had the lenders been more concerned for the buyer's best interests.

The following are a few warning signs that should cause a buyer to do much closer investigation:

  1. Claims that bad credit is not an issue
  2. Prepayment penalty
  3. Larger than normal loan charges
  4. Rate gouging by brokers - yield-spread premium**
  5. Loans without escrow accounts for taxes and insurance
  6. ARM loans that only go up and not down
  7. Initial loan to secure property with plan to replace it later

As a real estate professional, I can recommend a lender who is experienced in our market and has a history of providing good service.  I also keep on top of the lending process during the transaction, to make sure everything is proceeding as it should.

It will be to your advantage to speak with your Realtor before committing to working with a lender.  I welcome the opportunity to advise you.

** There's some question about this point (see comments below, particulalry #15 by Chris Olsen), and I'm willing to concede that referring to the practice as "rate gouging" may not always be fair; it's kind of like the buyer who doesn't like seeing that the seller is making a great profit on the sale, even though the buyer's getting a good deal, too.

Comments (45)

Shannon Milligan, Richmond VA Real Estate Agent/Associate Broker
RVA Home Team - Richmond, VA
RVA Home Team - Winning with Integrity.

Some very good points. I too like to give a list of three lenders and then let the client decide.

Feb 25, 2011 04:32 AM
Virginia Gardner
Roy Wheeler Realty Co. - Charlottesville, VA
Realtor, Charlottesville, Serving Central Virginia

LOL, Russ, I'm really sorry I ruffled your feathers.  I can see why, too.  I did think about it before hitting the publish button.  And I agree with you that buyers should make sure they are well represented in all areas of the transaction!  Part of the problem is the internet aspect.  It is a rare occasion that a buyer will not be face-to-face with a Realtor.  I'm sorry that your industry has gotten such a bad rap, but you have to admit, there was a lot of bad shit going on.  Anything solely internet-based, particulary, needs to be considered with extreme caution, I think. 

Thanks, Melanie.  We really have no choice.  There have been an awful lot of years that I just handed over the mortgage end of things, and we were all at closing as planned.  There certainly are no guarantees of that any longer...

 

Feb 25, 2011 04:35 AM
Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

Virginia - As another MLO, I too think the term "rate-gouging" regarding the use of YSP is rather harsh.  While there were MLO who once upon a time used YSP in that manner, that is most certainly not the way YSP is used today.  Many borrowers now apply YSP towards their closing costs in an effort to reduce their funds to close.

Feb 25, 2011 04:53 AM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience
Don't want to get into a war of words between realtors and lenders. We should be on the same side ... not throwing stones at one another. You're absolutely right when you say that there was (and continues in some cases) shit going on. It happens in every industry. Every profession. Neither side of our industry is spotless in regards to this. I will say however, that after 35 years of trying to represent my clients in the best manner I can ... it's rather disheartening to hear the lender bashing that goes on. It's even worse when you sit across a desk from a client that you have never worked with before or known personally in any way ... and they have a bitter, antagonistic attitude because of all the bashing they hear. I'm considered guilty before I've even shaken their hand for the first time. I believe the bashing has to stop ... except for the instances where actual guilt is proven. I'm tired of personally paying the price for bad LO's or bad real estate industry reputation. I'm happy that you have formed a loyalty to quality lenders. That is what we're all striving for. Suggest them highly. It is their reward for doing their job well. I, in turn, will do the same for those realtors that I see performing their jobs and representing their clients well. We should both leave it at that ... Gene
Feb 25, 2011 05:06 AM
Roy Paeth
Barrett Financial Group - Murfreesboro, TN
Just a regular guy helping real people!

I have to agree with Gene and Russ and say there are some bad people on both sides of the fence. One of the conversations I have with the agents I work with is the following. Mr. Real Estate Agent I will never question how much you are charging to sell a referred client's home just as I would never expect you to question the rate or income I make on a loan. I am not one to gouge the client but I do expect fair pay for the services I perform. I am not a huge fan of passing out 3-5 cards to a client that needs an agent to work with either. I feel that says to the client "choose anyone they are all pretty much the same" which really does not instill confidence. I will refer the client to one agent who will be a good fit for them, knows the area they are looking in well and whom I trust. Just my 2 cents.

Feb 25, 2011 05:37 AM
Tni LeBlanc, RealtorĀ®, J.D.
Mint Properties, Lic. #01871795 - Santa Maria, CA
Tenacious Tni (805) 878-9879
Definitely who you select as your lender, what loan product you select and whether they can perform on time is vital to the transaction and your long term satisfaction.
Feb 25, 2011 06:11 AM
Virginia Gardner
Roy Wheeler Realty Co. - Charlottesville, VA
Realtor, Charlottesville, Serving Central Virginia

Hey Shannon!

Hi Donne...  I stand corrected.

Hi Gene...I think there might be more bashing in localities other than ours, because I don't hear that alot.  There's a lot of big bank bashing every where, I think.

I think that's great, Roy.  I've never asked a lender how much he is makng on a transaction, because I really don't care, as long as my client, and his/hers, is being treated fairly.  I think that's all anyone is really asking, right?

Tni, performing on time, as promised

Feb 25, 2011 06:36 AM
Steven Brand
Woodbury, MN
NMLS# 261849

Um... yeah... just from the TITLE of this blog I knew that there'd be some good banter back and forth.

Some of the points made by the MLOs on here are thoughtful and all support SPECIFICS that are now changed (for the most part) in this industry and we'll run into more big changes in April. 

Rod, Russ and Roy above made great points and FORTUNATELY a good practice will be to log onto the NMLS CONSUMER WEBSITE to get a little more info on the LMLO (I like to throw in the L for "licensed") or RMLO (later this summer all Registered BANKER LO's will be online too) that is working with the buyer.  Look at his/her job history to see if they were selling shoes 6 months ago (not that theres anything wrong with selling shoes!)... also remember that the last year there's been lots of changes in legislation and corporate structure.  What were they doing the previous 4, 6 or 15 yrs?  Same company or a habitual job-hopper?  In and out of the Mortgage Biz?

Great thought inspiring blog Virginia...!! 

Feb 25, 2011 07:06 AM
Cory Barbee
San Diego, CA
Broker (760) 563-4022

Great post...I couldn't agee more..I'm very fortunate that I have two very good lo's in my office.

Feb 25, 2011 09:03 AM
Janet Guilbault
Platinum Home Mortgage Company - Walnut Creek, CA
San Francisco Bay Area Direct Mortgage Lender

People (and especially Realtors) who think like you are the very reason that options are disappearing for borrowers. I find your post to be misguided and judgmental.

Rate gouging? You are out of line with that phrase in your post. YSP is not rate gouging. Are you rate gouging when you charge 6% instead of 5% to list a house? Just asking......

In addition, the fact that a loan applicant has the option to choose to pay taxes and insurance on their own (instead of in an impound account)...could you please explain to me why this is a sign of a less than ethical loan officer?

There is a place for an adjustable rate mortgage, If your client choses an ARM, please do not assume that is a sign the loan officer is trying to pull a fast one on your buyer.

And you know what? Sometimes bad credit is NOT a problem because I can fix it. When I do, I normally am not paid extra to do that.

 I also believe loan applicants should compare closing costs themselves, and not rely on the Realtor to determine "larger than normal loan charges" (whatever that means).

And lastly, SO TIRED of Realtors pointing out that lenders do not have a fiduciary relationship with borrowers. It is such a thinly disguised way of saying that mortgage professionals never put the interest of their clients first, and Realtors always do...and we all know that that is just not the case. 

Russ Martin, thank you for the straight up talk. I wish more of the LO's on ActiveRain were brave enough to call out the Realtor community for posts like this.

 

 

 

Feb 25, 2011 09:19 AM
Virginia Gardner
Roy Wheeler Realty Co. - Charlottesville, VA
Realtor, Charlottesville, Serving Central Virginia

Hi Janet, I'm glad you took the time to share... You have definitely over-reacted to my post, but I recognize the sensitivity here, and I appreciate your candor. 

Feb 25, 2011 09:46 AM
Janet Guilbault
Platinum Home Mortgage Company - Walnut Creek, CA
San Francisco Bay Area Direct Mortgage Lender

Virginia, as I have stated often, we (on ActiveRain) should be working to enhance to perception of the real estate industry to our readers. I see no point in discussing shortcomings or evils (as percieved by someone who is not even a mortgage industry insider).

All businesses have people who do not behave in an ethical manner...Shortcomings exist on the Realtor side of the fence as well, however, that does not mean we should feature a post warning people about selecting a Realtor.

I would not agree with that either.

I do respect your right to express yourself this way, but must respectfully disagree with most of what you have stated.

 

 

Feb 25, 2011 10:23 AM
Chris and Berna Sloan
Group 1 Real Estate - Tooele, UT
Tooele UT

Great post,and very timely. Just yesterday, my wife got a client to switch lenders mid-stream because of some of the very items on your list. Thanks!

Feb 25, 2011 10:28 AM
Kevin Kueneke
Caliber Home Loans - Encinitas, CA
San Diego Mortgage Banker

Hi Virginia,

Although a couple of your warning signs are a little outdated, I am a firm believer in working with trusted sources.  I have had to save the day for several agents who had a buyer working with "a friend in the business" or their "big" bank.  There is entirely too much on the line to gamble with the unknown.

I knew there would be a couple feathers flying, great post!

 

Feb 25, 2011 10:33 AM
Virginia Gardner
Roy Wheeler Realty Co. - Charlottesville, VA
Realtor, Charlottesville, Serving Central Virginia

Thanks, Chris...

Thanks, Kevin; I'm really such an AR newbie, I had no idea, lol

Feb 25, 2011 10:47 AM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

I believe that there's a purpose to YSP, and used properly it isn't a negative.  I agree that finding the right lender is important. A good one makes the transaction much smoother.

Feb 25, 2011 11:11 AM
Billi Evans
Murney Associates - Springfield, MO

This has been the most enjoyable post and comments that I've read in a while. Virginia, way to have the guts to state what you think. Like my daddy used to say, sometimes the truth hurts. A good weekend to all.

Feb 25, 2011 06:12 PM
TODD PICCONI INLANDEMPIRE & SOUTH ORANGE COUNTY, CA
TODD PICCONI REAL ESTATE - Dana Point, CA
Personal Engagement,Precision, and Professionalism

Virginia ~ I agree with you on keeping a great list of lender recommendations!  It's important everyone be "watched out" for.  Nice Post.

Feb 25, 2011 09:46 PM
Virginia Gardner
Roy Wheeler Realty Co. - Charlottesville, VA
Realtor, Charlottesville, Serving Central Virginia

Hello, Christine, thanks for your comment.

Erica...  and the not-so-good lenders, like the not-so-good Realtors-and-every-other-salesperson, often are the best schmoozers, they aren't crooked, they are just salespeople with poor follow-through.

Billi, I wish I could tell you I though I was writing something gutsy, lol; I will consider things a lttle differently before hitting the publish button

Hello, Todd, good practice for everyone

Feb 26, 2011 12:41 AM
Anonymous
Maureen McCabe not signed in

This is interesting to read not signed in... because I can not sign in.  : -(

Interesting how a post written for consumers in Charlottesville VA is approached by loan officers.  I would think they would approach it as they are one of the good guys that Virginia would be recommending if they were a lender in her market.  It's not like the post wasn't changed to reflect Chris Olsen's comment and any oversimplification / bad choice of descriptions of YSP.

Or perhaps it does not matter to lenders in other markets how they look on a post written for consumers in Charlottesville. 

Feb 26, 2011 03:32 AM
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