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The Evil Of Ignorance / Is The Pre-payment Penalty Evil?

By
Services for Real Estate Pros with The Real Estate Investment Institute 1retiredsage

This was written for my Pod-cast at The Real Estate Sage the individual link is http://realestatesage.info/2008/04/02/httpwwwgetthemoneyus.aspx

The Evil Of Ignorance / Is The Pre-payment Penalty Evil?

During the current mortgage crisis every news pundent, every former home owner, every politico, every fool with little or no lending or banking knowledge has pontificated an opinion as to the reason for proliferation of foreclosures! We have been forced fed a virtual cornucopia of unsupported illogical sound bytes all of which are both individually and collectively pro-ported to be the cause of the problem.

With no research and only selective anecdotal testimony cures are being proposed and implemented with all of the though and effectiveness of the "snake Oil" from the mid 1800's! To make matters worse three related but dissimilar problems are being treated as one ailment! With the same attitude as the doctor who says "take two aspirin and call me in the morning" The President and Congress both wanting to be seen as doing something are proposing massive changes. Like the aspirin, hiding the real symptoms until the problem, hopefully can cure it self.

The mismanagement of major financial institutions has little or nothing to do with fraud and scheming at the interment level, and nothing what so ever to do with deception and fraud at the loan origination point. Indeed the symptom "prolific foreclosures" yes "prolific!" Never in the known history of mankind has it been acceptable, even a badge of honor to default on your debts and specifically to default on your home. Until recently those blessed few who could own their own homes would sacrifice every thing often including their first born to protect their home, and many a first born has sacrificed to protect the family home. Between changing fortunes and seeking an easy out, how many of the current foreclosures have anything to do with the systemic lending problems?

One of the inane excuses used to justify defaulting, to blame the lenders for personal failures is the use of "pre-payment penalties." The little understood pre-payment penalties are simply a tool used by lenders to lower the borrower's closing cost, just like the much maligned yield spread premium. Both these lending tools reduce the borrower's cost, the buyer normally has a choice weather to accept or reject these tools, assuming that the borrower has and is willing to spend sufficient cash to close the loan!

These two powerful tools allow borrowers to pay less at the closing table, they do added to the lenders gross profits, not as so many think by allowing them to charge more but by allowing many more consumers to buy more. When pre-payment penalties are included in a loan or the lender pays the broker YSP it doesn't raise the value of their service it simply lowers the amount they would other wise have to charge the applecart at the closing table.

When the borrower tells the lender they will keep a loan 1, 2, 3, 4, or 5 years to induce them to lend money at a lower rate the lenders often included a pre-payment penalty in order to maintain their profit leveal if the borrower should pay off early! It's that simple the pre-payment penalty simply secures the borrower's promise to the lender. Pre-payment penalties don't cause foreclosures defaulting borrowers cause foreclosures!

To ban pre-payment penalties, is simply to denies future borrowers of a useful tool to reduce their cost.

Those that will argue that debtors could have refinanced or sold except for the pre-payment penalties are out of line. The truth is that the borrowers don't want to keep their word to the lender! They don't want to live up to the obligation they agreed to! The truth is that pre-payment penalties are often the easiest money to get forgiven in a short sale. The fact is many pre-payment penalties are what is called "soft" meaning that it can be waived if the property is sold. The fact is that pre-payment penalties are not so large that they should prohibit serious cost saving refinance.

The fact is that almost all pre-payment penalties call for 6 months interest on 80% of the reaming principal balance.

The truth is there is very little truth in the media and politics regarding the current mortgage and foreclosure crisis!

Bill

William J Archambault Jr

The Real Estate Investment Institute

Posted by

Bill

William J Archambault Jr

The Real Estate Investment Institute

wja@reii.org      Cell 832-259-7078,      Houston 832-582-8415,       Las vegas 702-516-1569

     http://www.reii.org  Back Cover One House At A Time http:www//reii.orghttp://www.flippingforfunandprofit.info/ http://www.billarchambault.com   

From my past: GRI 1975, FLI 1974, Catalyst from a client 1974 an agent that makes things happen, REII, The Real Estate Investment Institute 1995.

http://www.reii.org

©William J Archambault Jr   ©The Real Estate Investment Institute   ©REII

Comments(13)

Scott Geary
Infinity Home Mortgage Company Inc - Allentown, PA
Your Pennsylvania Mortgage Source

Amen Bill! Although never a fan of the PPP, it has little if anything at all to do with the current 'crisis'. My beef has been that they were introduced to increase customer retention, which used to be handled by a large retention department that regularly contacted clients to keep the companies hand on the pulse of its clientele. When the PPP came to being, retention departments shrunk, to just handle incoming payoff requests and attempt to retain the customers then. Since one on one customer service is now a thing of the past, the spin became reduction in costs through the PPP which I am not entirely sure HOW that works.

In any event, it is what it is. The government should concentrate on what they are good at and leave the current mortgage issues run their course. What is the government good at anyway?

Apr 03, 2008 03:26 AM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

Scott,

Thank You.

But, just what is the Goverment good at?

Bill

Apr 03, 2008 03:31 AM
Jason Sardi
Auto & Home & Life Insurance throughout North Carolina - Charlotte, NC
Your Agent for Life

"But, just what is the Government good at?"

 

-Still thinking about that Bill......

Apr 03, 2008 06:41 AM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

Jason,

I'm waiting to hear back from Scott, myself. The best thing I've come up with is the sewer system. Localy sewage is the only thing the government handles well. Sewage seems to be one thing the bureaucrats and politicos know well.

Bill

Apr 03, 2008 06:49 AM
Jason Sardi
Auto & Home & Life Insurance throughout North Carolina - Charlotte, NC
Your Agent for Life
And how:-)
Apr 03, 2008 09:37 AM
» Bill Burress Nationwide Mortgage Originator
» Bill Burress Nationwide Mortgage Originator - Fort Myers, FL

Bill:

I have to agree with you once again.  Good post!

Apr 03, 2008 01:25 PM
» Bill Burress Nationwide Mortgage Originator
» Bill Burress Nationwide Mortgage Originator - Fort Myers, FL

Bill:

Congratulations!

This post has earned featured post status on the Silent Majority group in ActiveRain.

 

 

 

 

 

Apr 03, 2008 01:26 PM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

Bil, Bill

Thanks, thanks.

I'm honored, honored.

I love redundancy, I like repeating my self!

I repeated this from my Pod-cast.

WJA

The graphic: bunya-bunya

Apr 03, 2008 01:38 PM
Rich Kruse
Gryphon USA, Ltd. - Columbus, OH
Government is great at failing to regulate most of the adult entertainment regulations it enacts.  God bless them.  Now how does this pod cast thing work?
Apr 04, 2008 01:30 PM
Bill Roberts
Brooks and Dunphy Real Estate - Oceanside, CA
"Baby Boomer" Retirement Planner

Bill A, I don't know where to start, but I'll try anyway.

I'll grant you that prepayment penalties aren't the cause of the foreclosure "problem" but they indicate where the problem may lie: Bad lending practices.

Usually the prepayment penalty was writen into the loan the protect the lender because of a huge "rebate" they paid to the originator. The originator got that rebate because the yield spread was very favorable for the lender. In other words, it was a very good loan for the lender and not necessarily good for the borrower.

YSP has a place in lending. I am not against it in every case, just when it is used to reward an oiginator for "selling" a bad loan to an unsuspecting consumer.

Bill Roberts

 

Apr 10, 2008 03:23 AM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

Bill R,

I'll grant you that there is some merit in the PC position on Pre-Payment Pantiles and YSP. We all know of truly outrageous abuses.

It's my position that Pre-Payment Pantiles and YSP don't add to the broker's value. It's always been my position that, I determined my fees when taking the application and estimating the work involved. Fees and rates are separate items! My fees are not determined by the interest rate! Once I'd set my fee, my practice was to present three "Good Faith, Truth in Lending" alternatives. One high rate-low cost, one low rate-high cost, and one in the middle. My gross was the same on all alternatives.

The low rate had origination plus discount cost.

The middle rate normally had no points origination or discount.

The high rate had no discount and had a credit on the origination line.

The client also pays for a lock on the rate, if they chose to let the rate float they get the benefit of an improving market, because if it goes up I'm not going to eat it.

I made the same fees no matter who paid them! It was normally better for the client to let the lender pay the broker, because the consumer rarely would hold the loan to the break even point. Most clients didn't have the luxury of choice! There would be 6 points difference in the loans, in my market that meant $18,000.00 additional closing cost.

Pre-Payment Pantiles work the same way, they can be shorten or eliminated by raising the interest rate.

The problem is not the tools! The problem is the abuses! It would be very short sighted, very foolish to eliminate the tools!

Bill

Apr 10, 2008 04:57 AM
Bill Roberts
Brooks and Dunphy Real Estate - Oceanside, CA
"Baby Boomer" Retirement Planner

Bill A, I hope nobody is seriously considering eliminating the tools, even with the rhetoric coming out of Congress notwithstanding.

What should be eliminated is huge rebates on bad loans. This is just too tempting to the less-than-ethical among us.

Bill Roberts

BTW I think that there should be some conversation about how much a mortgage broker should make on any given loan. Gouging is VERY PREVALENT  in our business.

Apr 14, 2008 03:51 AM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

Wow, Bill R,

This requires a bolg to answer! I think I will.

The short answer is: what do you consider "Gouging"?

I've never seen a YSP over 4%.

YSP is just a small portion of the lenders profit. Today those lenders are held in check by the competitive nature of the mortgage brokers in the market. If you want to see "gouging" eliminate the mortgage brokers!

Watch for the blog.

Bill

BTW Nothing I've said denies "gouging" has and continues to occur!

Apr 14, 2008 05:06 AM