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Supreme Court Says Discount Points Don't Equal Lower Rate

By
Mortgage and Lending with D A Griffin Financial.LLC NMLS 6380

Supreme Court Says Discount Points Don't Equal Lower Rate

Wow, I don't want to get all giddy here, but this looks like some common sense! According to an article written by Brian Collins in National Mortgage News, the supreme court ruled in favor of Quicken loans regarding a suit where the borrowers say there was a RESPA violation.

The borrowers felt if they paid a discount point they should have received a lower rate for it. The lender says they did; they say they did not.

Who Cares? What I care about is by ruling in favor of the lender the Supreme Court is saying that federal regulators cannot use RESPA as a price-setting statute to deter lenders and other settlement service providers from charging excessive fees or even “unearned” or bogus fees for which no service is provided.

I love the wording "price-setting statute". Their interpretation is if the lender was "gouging" the borrower to make more money for themselves it is not as if the lender was "gouging" to split that fee with someone else or providing a kickback, which would be a RESPA violation,

The Real Estate Settlement Procedures Act of 1974 only prohibits fee-splitting between two parties and kickback schemes.

The ruling is not setting well at the CFPB, who are deeply involved in even more changes to the loan origination process. After the Federal Reserve changes to L O Comp last year managed to make the loan origination/closing process more confusing and costly to borrowers there seems to be no end in sight of institutions who work against the consumer.

Before the L O Comp rules I could collect part of my fee from the borrower and some from the lender. I could  give a borrower some of my commission to help them out. The good faith estimate and settlement sheet were easy to read. The CFPB is rumored to be working on a "flat fee" version of compensation.

The state where I'm licensed told me how much I could make on a loan prior to L O Comp. Lenders had their limits often less than this. I could price a loan based on how much work it took or give someone a break because I wanted to. This was not good enough, the Federal Reserve had to complicate an easy straight forward method.

Wouldn't it be nice if the Supreme Court could look at L O Comp and call it what it is - price fixing? Gosh, why stop there, wouldn't it be nice to put HVCC/AIR on trial?

Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

I agree completely.  I don't see how this thing even got to the SCOTUS.

It never belonged there. 

May 25, 2012 08:26 AM
Larry Bettag
Cherry Creek Mortgage Illinois Residential Mortgage License LMB #0005759 Cherry Creek Mortgage NMLS #: 3001 - Saint Charles, IL
Vice-President of National Production

I am a lender and an attorney. I'm on the board of the Illinois Association of Mortgage Professionals.  There were only 17 reps who went to D.C. last week to approach the CFPB.  Tbe board wants to regulate and control....yes control our profession and the czar on top acts like a communist looking for shared wealth.  This  has nothing to do with politics, but if people don't protest b/4 June 4th, then we're going to have even bigger issues.  That would be a shame.  Speak up now!!!!!

May 25, 2012 08:30 AM
Dora Griffin
D A Griffin Financial.LLC - Fort Thomas, KY
NMLS 6380

Lenn, you are right. There is so much focus on whether consumers are getting taken advantage of and the entire process of trying to prevent that is making it harder and more costly. I shudder to think how much more consumers are paying in light of the changes made by the Feds, Dodd-Frank and now the CFPB.

May 25, 2012 08:31 AM
Dee Toohey
Innovative Realty Solutions Group - Longwood, FL
Broker, ABR, AHWD, CIPS, FMS, ePro

Thanks for the info! 

May 25, 2012 08:36 AM
Dora Griffin
D A Griffin Financial.LLC - Fort Thomas, KY
NMLS 6380

Thanks Larry. You are so right. It really does have nothing to do with politics. The reaction in Washington to prevent consumers being ripped off to essentially rip off everyone - and that really is what LO Comp and HVCC/AIR is all about - is so far off base.

As professionals we need an affordable way to organize.

May 25, 2012 08:46 AM
Laura Filip
Laura Filip Broker , Opening doors for All Seasons of Life - Whitesboro, TX
What can we do for you today?

That is correct it does not reallly man that sounds like it but that is not always the case

May 25, 2012 10:04 AM
John Pusa
Glendale, CA

Dora - Thanks for the very good information about Supreme Court decision discount points do not equal lower rate.

May 25, 2012 10:41 AM
Richard Weisser
Richard Weisser Realty - Newnan, GA
Richard Weisser Retired Real Estate Professional

Keep in mind that SCOTUS only ruled as to whether or not these fees were violations under RESPA ... which unfortunately, is only one of many regulatory nightmares.

May 25, 2012 11:52 AM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

Dora - Who wants common sense, and why should you be able to charge your clients based on the work involved or what you wanted to charge?  We can't have any of that! LOL

May 25, 2012 02:47 PM
Charita Cadenhead
eXp Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

There is just no end to the number of people who want to dip hands into our pockets.

May 25, 2012 07:59 PM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Excellant job in sharing the information. I guess the free enterprize system is not so free, certainly the case with the mortgage industry. Dodd-Frank has reached beyond legal or common sense. The sooner this bill get repealed to better for all consumers.

May 25, 2012 08:50 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Why do we create scenarios that have to go to court to be resolved? Things should get simpler not more complex...

May 25, 2012 11:51 PM
Greg Nino
RE/MAX Compass - Houston, TX
Houston, Texas

Some would argue that loan officers don't have a strong enough voice like NAR. What do you think?

May 26, 2012 12:08 AM