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HUD Cracking Down on use of Builder's Preferred Lender?

By
Services for Real Estate Pros with Savvy Home Pix B.1000860.LLC

I am curious if this is a nationwide epidemic or something just region specific?

Is HUD finally cracking down on builder's tying incentives (upgrades, freebies, closing costs paid, price fluctuations, house payment paid for one year) to their preferred lenders?

A collegue, Tom Burris, posted this article in a forum about a week ago.  I found it very interesting and wonder how long it will take before builders will heed the call in regards to RESPA violations.

I am not saying all builder's preferred lenders do crazy things but I have not yet had a good experience with a builder's lender!

Just a few examples:

  • One client had 50% down, near 800 FICO middle score, hundreds of thousands of dollars in liquid funds, qualified income wise and a builder's lender said he was getting a great deal at 7.5% fixed 30 years back in June 2006.  We got lucky because we got a brand new sales rep writing her first contract and she forgot to tie the incentives to the builder's lender......OOPS!!!!!  I got HELL for the following month after we switched lenders!
  • Another client got 6% builder incentive towards closing costs.  The builder's lender jacked the rate from 6.5/8.5 (piggyback) to 9.75% 100% with PMI.  That 9.75% was discounted with his 6% cc's!!!!!!!!!!!!!!
  • Just two weeks ago a condo developer, dropped the price, gave free upgrades AND all closing costs paid to use their preferred lender.........and wouldn't budge..........NEXT!

Many of these builder contracts will not allow for financing contingencies to CAP the interest rate like our board forms do.  I find this VERY dangerous for he consumer! 

See also:  Jeff Belonger's Blog on this subject!

Posted by

Thanks,  Renée Burrows 702-580-1783 Broker/Owner, REALTOR®
 

 

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Comments(26)

Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans
Donna.... true in many aspects that the lender is the builder... but not in my case. But there are more and more preferred lenders popping up on these contracts. I just highered two loan officers in Florida who are very close to becoming a preferred lender for 110 units for a builder. And his reason fro picking them... because of their service, professionalism, and our rates. And he is not asking for anything else. And we are even knocking off our application fee of $195 and paying for the clients appraisal. Because I am looking at it from a units perspective. And that is what I told my loan officer to do, to solidify the deal.
Nov 27, 2006 04:41 AM
Renée Donohue~Home Photography
Savvy Home Pix - Allegan, MI
Western Michigan Real Estate Photographer

Jeff:  I have NO problems with you linking your blog!  Great stuff!  I did a seach before writing because I hate repeats and threepeats but didn't find it :(

Every new construction, preferred lender, deal I have been involved in is a bait and switch type of operation.  I do not trust them for my own reasons.  Your blog & comments in regards to NV proved exactly my point.

I can see where the builders are coming from, they want it streamlined and systems in place and there is no better way to do that than with a preferred lender.  Now if only this were a perfect world....................

I do found what I have encountered as unethical and immoral and perhaps illegal.  I am also a big believer in free markets and competition.......

This concept stifles my beliefs/ideals/business model and I now have a hard time selling new construction because I would love to build a referral based business rather than a hard core sell and hunt-for-the-next-deal business.

Nov 27, 2006 05:13 AM
Netta Blackwood
La Rosa Realty - Kissimmee, FL
REO/BPO Expert
I agree with Kristal.  Incentives should not be tied to financing as long as buyer quilified for mortgage they should be able to benefit from the incentives that the builders offer.  Sometimes the interest rates are not the greatest from the Builders lenders.
Nov 27, 2006 05:44 AM
Brian Brady
Matthews Capital Markets - Tampa, FL
858-699-4590

Actually, the original reason for builder's mortgage companies was to control the transaction, not necessarily make it a profit center.

Here's the cool thing, though Realtors.  Let the builder's lender  give them the high rate loan.  It can be refinanced within 30 days.

Nov 27, 2006 06:27 AM
Renée Donohue~Home Photography
Savvy Home Pix - Allegan, MI
Western Michigan Real Estate Photographer
Brian:  as long as they aren't slapped with a hefty pre payment penalty.  This is not unusual.
Nov 27, 2006 06:32 AM
Brian Brady
Matthews Capital Markets - Tampa, FL
858-699-4590

Well, clients hsould be directed to NOT accept  pre-payment penalty; they will get an even higher rate but that doesn't matter.  They're going to refinance out of it.

NO lender can require a prepayment penalty; they always offer an option to "buy it out" 

Nov 27, 2006 06:46 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

We really have to look at the preferred lender's rate carefully.  I don't encourage our buyers to give up great incentives to use the builder's lender, but sometimes the builders get slick. 

Example:  Ryan Homes in Virginia tied $63,000 incentives to using their NVR.  What buyer is going to argue with that.

Example:  40West in Howard County had a preferred lender tied to $5,000 closing help.  However, the builder's lender tried to put my buyers in a sub-prime loan and they had decent credit.  In fact, the builder's lender expressed doubt that they could even get approved.  I took them out and got them approved in 3 days.  They lost the $5,000 but gained a lot more in lower closing and mortgage payments.

Example:  Centex's lender has a high enough rate that I told them that we would just not buy the house before paying their interest rate.  We went outside and still got the incentive.  That was a class act.

Examples are all over the place.  Quite often our buyers can see the advantage of giving up the incentive to go outside.  But, the slick builders like Ryan Homes tie so much of the incentives and upgrades to using their lender, the buyers really can't give it up.  All we can do is try to find another home.

This is a problem.  That said, I have sympathy for a builder not wanting to deal with 20 different lenders.  If they didn't get so greedy, they wouldn't have to.

 

 

 

Nov 27, 2006 06:48 AM
Eddy Martinez
Nationwide Funding Group - Highland Park, CA

Can you say "bait and swtich" ? Thats all this is in my opnion. These clients whether or not they have a prepayment penalty will still refinance anyways.

Nov 27, 2006 06:54 AM
Tom Burris
NMLS# 335055 - Baton Rouge, LA
Texas/Louisiana Mortgage Pro - 13 YRS Experience

the builder can say whatever they want about 'controlling' the process and 'trust'

i say bull****!!!!

they own a mortgage company most times.

the best we can do is keep fanning the flames and educate the borrowers/buyers.

 

Nov 27, 2006 08:17 AM
Brian Brady
Matthews Capital Markets - Tampa, FL
858-699-4590

Lenn:

Another great comment.  In the words of the late Milton Freidman...There Ain't No Such Thing As a Free Lunch 

Nov 27, 2006 08:44 AM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Coldwell Banker Realty

Now you see it - now you don't.  Not that I'm suspicious at all - but wouldn't you think that a builders lender should be able to do BETTER than their competitors given the volume they do?

Nov 27, 2006 10:35 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

I have run into situations where the builder has in house Realty Company, and Mortgage Company, and they do everything they can to keep everything in house.  Hopefully Buyers will check out other financing options before locking themselves in with the builder’s lender.  But that is usually not the case, my experience is that they follow their recommendation.

Nov 27, 2006 12:49 PM
Derek and Mariana Wagner
The Artisan Group- Keller Williams Premier Realty - Colorado Springs, CO
The Artisan Group - Colorado Springs REALTORS®

Much of my opinions have already been stated (above) - but I must agree, that I have yet to have a positive experience w/ a builders preferred lender. Not saying that it is impossible, but rare in our neck o' the woods.

Furthermore, I have often found that foregoing the builders' incentive (in many cases) in lieu of a reputable lender has actually saved the buyers' more money at the end of the day.

Nov 27, 2006 01:32 PM
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans
Mariana.... then get me with those builders and I will change all opinions....  ;o)
Nov 27, 2006 02:39 PM
Jason Price
Mortgage Financial Group, Inc (NMLS 219650) - Tavares, FL
The Mortgage Rider
I wish HUD would crack down on this... there are several new builder projects going on here in Lake County.  Most have stopped right now because of the market, but they are still trying to get the business.  The amount of incentives that they offer are making it tougher to steal the client away.  They know that they are going to pay for it somehow.  All I can do is do what Brian Brady said.  Refinance them after closing when they see how they are going to pay for it.
Nov 27, 2006 03:22 PM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645

We have a couple major developers here that do it a little different.

They require that you do a pre-qual with one of their approved lenders. 

You can do the actual loan with your own lender, but you will get some type of incentive from the approved lenders.

Nov 27, 2006 05:51 PM
Sharon Simms
Coastal Properties Group International - Christie's International - Saint Petersburg, FL
St. Petersburg FL - CRS CIPS CLHMS RSPS
The other side - we recently had a buyer purchasing a Lennar home - it was originally going to be ready the end of November, but they did push things and let us know the first of November that we could close mid-November. We kept asking the title company for a HUD and the client was finally told, the day before closing that closing wasn't until Nov 30 and the builder told her the same. She called us in a panic - we called the proper person at the builders, sent Lennar a copy of the letter from another department at Lennar saying that closing would be Nov 15, and said that since Lennar was the seller, it was their lender and their choice of title company, that they'd better find a way to get this done the next morning - they did! 
Nov 27, 2006 09:41 PM
Derek and Mariana Wagner
The Artisan Group- Keller Williams Premier Realty - Colorado Springs, CO
The Artisan Group - Colorado Springs REALTORS®
Jeff~ I saw that one coming...
Nov 28, 2006 01:46 AM
Leo Namiot - LeoLends.com
Canopy Mortgage - Leo Namiot - Saint Augustine, FL
More than just great rates
Builders like to use a company and lo they trust that will be honest and reliable. We have had relationships in our office where some local broker promised the world and a couple of months later after all the talk the builders finally told them to take a walk and called us back. It's a relationship thing and it's about closing the deal.
Nov 28, 2006 09:27 AM
Renée Donohue~Home Photography
Savvy Home Pix - Allegan, MI
Western Michigan Real Estate Photographer

It's funny how the market downturn has taken care of this issue!  I did get a call from a Fannie investigator about a month ago in regards to appraisals.  He needed me to pull closed comps on one of the builders I HATE THE MOST that was guilty of this.  It was interesting although he could give me only limited info.  Nice to see that YEARS LATER they are still investigating possible fraud!

Sep 13, 2009 02:28 PM