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Mortgage Broker Extinction

By
Real Estate Broker/Owner with BIG Real Estate, LLC NMLS# 153938

HR 3915

Congressman Miller, Congressman Watt, and Chairman Frank introduced the "Mortgage Reform and Anti-Predatory Lending Act of 2007" on October 22, 2007.  This act among other things is proposing to prohibit yield spread premiums.  Yield spread premium (YSP), service release premiums, back-end points are monies paid from the lender to the broker for delivering a higher rate then what is required by the lender to cover the risk. 

A simple example on an Agency (Fannie Mae/Freddie Mac) loan where the market rate on a 30 year fixed mortgage is 6.25%. In order for a mortgage broker/loan officer to make money closing a mortgage at 6.25% would be to charge the customer money (i.e. origination fee, discount fees, broker fees, processing fees, administration fees, etc.)  If the loan is closed at 6.75% an increase in rate by .5% over the life of the loan, the lender will pay a fee for that increased revenue.  Let's say the fee in this case is 1% of the loan amount or $1,000 per $100,000 loan.

The ability to negotiate a loan and compete with other mortgage brokers, lenders, loan officer and especially banks is paramount to the flexibility of the pricing.  Prohibiting YSP completely diminishes the competitive edge of the mortgage broker.  Granted all mortgage brokers will be on the same playing field together but not on the same field and Banks.  Mortgage Brokers won't be able to pay for appraisals or close loans with no fees all together. 

One of the areas of lending this wont effect is mortgage banking.  Mortgage banking is where the mortgage company loans their own money, usually by means of warehouse line, to fund the loan.  The loan is then sold individually or in a group to banks or lenders.  The YSP paid in these transactions aren't regulated because it's considered a secondary market transaction.  So the simple answer is most mortgage brokers will get warehouse lines and turn into mortgage bankers.  I'm sure if YSP is outlawed many will become bankers. 

The market has taken care of many of the large to mid size non-bank mortgage lenders.  Who is left?  Citi, Chase, Bank of America, Wells Fargo, Countrywide, Barclays, US Bank, Suntrust, National City.  Is it a coincidence that this bill hit the House floor on one week after Citi, Chase and Bank of America agreed to create a $100 billion fund that would buy these structured investment vehicles (SIV). Cut out the middle men, now cut out the broker leaving only banks to compete for your mortgages.

Mott Marvin Kornicki
Waterway Realtors® • Notary Public & Apostille - Sunny Isles, FL
Miami Notary & Apostille 786-229-7999

It's a dog eat dog world out there. YSP's seemed very fishy to me for a long time...

No YSP?

Nov 07, 2007 01:37 PM
K C
Independent Leadership & Financial Fitness Consultant - Pleasant Grove, UT

Mott, the fishy deal is what Banks offer there customers.  When the client has no idea what the bank is making when they package the loan, the customer has no clue what the bank is really making on the loan.  The Broker on the other end HAS TO BY LAW reveal what his real profit margin is on the loan.

Second, if your short on funds to close, and the bank's cost's are a certain amount, but your local mortgage broker can waive those cost's by bumping your rate and applying the YSP to these fee's, then your going to be able to buy the home.

This bill is a KNEE JERK reaction to this problem.  If they want full disclosure in this industry, they need to force mortgage bankers to fully disclose as well.  So if this ridiculous bill is passed it's only going to reduce options for consumers, and I can guarantee more consumers will get "screwed" and "Tattooed" then ever before.  

What needs to happen is that the disclosures need to be modified.  I personally wouldn't have a  problem with an extra disclosure notifying the borrower that the mortgage broker is receiving a YSP, they already are supposed to be told this through the good faith disclosure, but there are so many fee's on that form it's often lost in the shuffle.  The problem is the borrower never pays up front the YSP, and frankly very few really suffer that long in terms of paying a little more in rate.  Most consumer refinance or sell anyway within 3 to 5 years.

 

Nov 07, 2007 01:50 PM
J.R. Quarles
Mortgage Executives LLC - Memphis, TN
The Mortgage Innovator

Karl

I do concur... The YSP will only hurt the consumer in the long run... Brokers will get their fee regardless!!! With so with many Realtors bad mouthing YSP, this will eventually hit their business as well. This will create more towards closing to the borrowers and Realtors will havea couple of deals here and there that will fall out. Great Post

Nov 07, 2007 03:00 PM
Dave Cheatham
INC Financial - Bartlett, IL
We can still have a say about this.  Get the word out.  Tell people how it will effect them and tell them to call their reps. in congress
Nov 07, 2007 03:43 PM
Lewis Poretz
Apex Home Loans - Annapolis, MD
Business Development Manager

Karl -   excellent response. I am with you.........

 

Nov 08, 2007 05:50 AM
Find a Notary Public needAnotary
QEC Internet Services - Long Beach, CA

One solution is to require all individuals involved in lending to be licensed.  in California there are companies that hold CFL licenses and their employers can be working in wl-mart on day and sell loans the next day without any training.

That is a serious problem.

Dec 04, 2007 09:36 AM