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Blown Good Faith Estimates

By
Education & Training with Inman News

Many people that I know ask me to review their GFE's to make sure they're not getting ripped off.  I help people even in states where I don't do business because I believe that helping people understand what they are looking at will somehow come back to me in the long run - heck, maybe they move to California.

Well here is a GFE that I got that I just had to share, if you ever see anything like this please just stop in your tracks, immediately, and find someone else to work with.

Read more at blownmortgage.com.

Morgan Brown
Inman News - Laguna Beach, CA

Johnnie,

I was referring to the section of the HUD where junk fees tend to show up at closing that are excluded from the initial disclosure.  I agree that processors work very hard for their files - sometimes harder than the loan officer making the commission.

The point I was making is that a lot of customers say "compete for my business" and get a barrage of crap GFE's like that at the beginning of the loan with companies trying to win their business.  Then when they go to sign they see their HUD loaded down with other charges that were not on the HUD.

Apr 13, 2007 02:29 AM
Morgan Brown
Inman News - Laguna Beach, CA

Jacob,

 Whether the company you represent chooses to charge an underwriting fee that you owe or not doesn't have anything to do with the fact that these fees are, for the most part, additional profit centers for the bank/broker.  Just because you have to pay it doesn't mean that in general, those types of fees are legitimate and should be paid by a customer.

Again, as I was saying above, the point of the Junk Fees section is that the customer should be wary of additional fees showing up at the end that are not properly disclosed on this section of the GFE. 

Apr 13, 2007 02:32 AM
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans

Morgan..... okay... understood. But you should put that in this post, because it's misleading to the general public. Just as you said that this lender was misleading this client.  In all honesty, it's the same thing.

2nd... you circled the rate on the GFE and said no way. I can do an FHA loan at 4%.... but it's a 1 yr adjustable. So, as I stated, these rates do exist.

Last....  your one comment about the YSP has to be shown. This is totally incorrect. If you are a banker and if you are funding this loan, then this still doesn't have to be shown. AT my last company, we even funded these types of loans if we wanted to. 

Trust me, I agree, some GFE's are terrible. But without you disclosing everything you knwo from the client, how can we determine what you are talking about is accurate?  That was my main point. Thanks for answering my comment. 

                                             jeff belonger

Apr 13, 2007 02:59 AM
Morgan Brown
Inman News - Laguna Beach, CA

Jeff,

I agree, in haste to post this I should have acknowledged the loan type.  But to be sure if it was a 4% FHA loan there would be more fees on the front end of this loan.

As the owner of a mortgage bank I can assure you that I am clear on when the YSP needs to be disclosed and when it doesn't.  On a banked loan YSP does not need to be shown.  On a brokered loan it does.

What I was saying is that the fees that are charged and covered by the lender (via YSP or SRP or other) should still be listed and marked POC by the lender.  Fees that are part of the transaction, that are being paid by any party should be on the HUD, and hence the GFE.  When a seller contributes to closing costs those are listed on a HUD; when a lender covers closing costs it should be disclosing what costs it is covering, regardless of where the money is coming from.

I enjoy the discussion!

Apr 13, 2007 03:07 AM
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans

Morgan,.... I read your comment to Jacob, in regards to junk fees and such. This si what you said to him... 

Again, as I was saying above, the point of the Junk Fees section is that the customer should be wary of additional fees showing up at the end that are not properly disclosed on this section of the GFE.  and  I was referring to the section of the HUD where junk fees tend to show up at closing that are excluded from the initial disclosure.

I am not picking on you. But you represent all of us in the mortgage industry. You talk about GFE's and how loan officer's can basically bait and switch or mislead. I read the link to your blog section. You bash GFE's, but you give no description of what you just mentioned that I copied from you above. You never once talked about fees not being disclosed and the popping up at settlement. And you can't get that from what you wrote and or provided. 

Just as I pointed out, in all honesty, you didn't disclose to anyone in here or the general public, exactly what you were trying to prove. All you did was bash a GFE and gave us no other information about the clients. Nor did you even tell us why you were bringing this or what point you were trying to get across. I guess I get defensive now, because this is very misleading to the public, without all the facts and your thoughts written on paper. 

Again, sorry if this might come across mean, but just as you expect the loan officer in this case to be upfront and be very clear, you need to do the same when ranting on a mortgage issue. Just my opinion and thanks for your time.

                                              jeff belonger

Apr 13, 2007 03:11 AM
Morgan Brown
Inman News - Laguna Beach, CA

Jeff,

You are correct that I should have more clearly outlined what I was trying to point out as issues on this particular GFE.  I am going to update my post to clarify some of the important points you bring up.

I still stand by the fact that this GFE is a joke on many levels.

Apr 13, 2007 03:20 AM
Ann Guy
NA - Allentown, PA

Morgan-Granted the GFE was "light".  My GFE's are so full that many get a little scared; I include everything because I do not like surprises at closing. Besides, I like referrals

However, it seems as though you are misinforming customers.  I have read a few of the comments (not all).  Please make sure that you are properly educated on GFE's before you advise customers.

Apr 13, 2007 03:35 AM
Morgan Brown
Inman News - Laguna Beach, CA

Ann,

Thanks for your concern.  My education and understanding of compliance issues and Good Faith Estimate disclosures is thorough.  I think the people misinforming customers are the people sending out GFEs like this. 

I would be interested in hearing why you think I am misinforming customers? 

 

 

Apr 13, 2007 03:41 AM
Johnnie Taylor
CFB - Lexington Park, MD

I am not sure if anyone is actually accusing you of intentionally misinforming customers as much as not giving them the full picture with which to understand the point of what you are saying.

By not presenting the full picture and completely explaining a scenario, by definition, you are MIStakenly INFORMING them. Hence, misinforming.

I would venture to go out on a limb and say that most comments that I see here are just asking that you adequately explain what you mean when you address faulty GFE's. If not, all you have served to do is to inflame the customer with only part of the information.

I don't think that was you intention, but, when I first read your post, I was terrified that some unknowing consumer would read this and go ballistic on the next loan officer who posted an appraisal fee POC or had processing fees. I honestly don't think that was what you intended.

In this post-Imus world, we may want to serioulsy think about how we construct what we say. This way your point is clearly represented and leaves less chance for......misinformation.

 

Apr 13, 2007 03:50 AM
Brian Brady
Matthews Capital Markets - Tampa, FL
858-699-4590

Whoa!  Morgan's correct!  Look at the date of the GFE (last month) and the note rate (4%).

There is NO WAY in hell this loan could be funded.  I don't care how "platinum" the program is or what "advantage" they give.

There are NO ARMS offering a 4% rate in this environment and there weren't in March.  Don't bring up neg-am because it's not disclosed as one "Program= Platinum Advantage".

Morgan, the accompanying TIL would be more helpful but I believe that your critique of the GFE was accurate 

Apr 13, 2007 04:40 AM
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans

Brian....yes, there is and was a 4% ARm... FHA... sure, it costs 2 1/2 points. But just the mere fact that it does exist. Forget about the tag line for the type of program mentioned. My whole point on that is that you just can't say that it's not out there, when it was and still is or was as of yesterday. Just because it seems to low, doesn't mean it isn't.

Morgan.... I read your update. That was all that I was looking for.  thanks

                                                                                                            jeff belonger

Apr 13, 2007 04:50 AM
Ann Guy
NA - Allentown, PA

Morgan-The majority of loans require an appraisal.  Appraisal are either paid at closing on the HUD, or paid out of pocket.  On your example, your circled the $350 appraisal feed that was clearly checked POC (paid outside of closing) and wrote "No Charge?  Yeah Right!";  How do you figure there is not charge?  The appraisal was paid outside of closing.  So, someone paid for it prior to closing.  When I check that box, it means the customer is responsible for paying for the appraisal directly to the appraiser.  MISINFORMATION

Your terminology for "junk fee" is offensive. I earn every cent I make on a loan.  I work for my customers.  My time, knowledge, and hard work is notjunk.  I know that is the common term, but did we tell an attorney that his retainer fee is junk?  How about your paediatrician?  Better yet, do you work for free?  Is your company a non-profit organization? I am going to go out on a limb here and say no.  

You have a settlement fee of $200 listed and you say "Not!"; I don't quite understand what you are getting at.  Now, keeping in mind that every state is different, I have yet to see a settlement fee for more than $250.00  When it is that much, it because the agent had to travel quite a bit to close the loan, or the settlement is occurring lateat night.  I know for a fact that Berturm Settlement (Rob Robinson is an active member) does not charge more than $150 for a settlement, even if they travel out of state.  (Keep in mind that a sub-contracted closer is another story).

You are correct in saying that the government will get their money.  However, I do have a few lenders that have a "No Closing Cost Option";.  I have seen the HUD's from the settlements so I know that they do exist.  There is no recording fee with this product.  As for title insurance, ifit is required, in PA every loan officer has at least one chart within hand's reach.  I gladly show it to my customers. 

Now let's address your comment on interim interest.  Most lenders require that a due date be the 1st of the month.  This is not to make more money.  This is for collection purposes.  Most grace periods are 15 day.  That leaves, on average, 15 days to get payments in that are due.  If delinquency is up, profit is down.  Share holders have a tendency to frown upon low and negative profits.  How would you feel if you had stock in South Star, MLN, etc.  There is a possibility that the intended lender does not require a 1st due date.  So it is possible that it is not incorrect.

We are not trying to attack you on the subject.  Customer do read our blogs, and they put trust into us.  We need to properly inform them.  Every loan scenario is different.  If someone had a GFE with only $795 is closing costs, it could be correct (depending on the loan and the state). 

Yes, if a customer gets a light GFE, they should question it.  If the GFE is not close to the HUD, WALK AWAY!  There are plenty of LO's out here that do not lie, cheat, etc.  Is that the point of you blog?

Some other words of advice, your wording on the GFE's while you are pointing things out could be more professional.   You should not put a competitor down, just educate your customer while staying positive.

"My education and understanding of compliance issues and Good Faith Estimate disclosures is thorough".  I think we can all say there is always room to learn and improve.

 

 

Apr 13, 2007 05:15 AM
Jacob Morales - Arizona Mortgage Planner
US Bank - Scottsdale, AZ

Morgan I agree with you that if I personally received this from a lender I would laugh. At the same time if I was comparing it to my GFE to a consumer I would be very careful to call anything "junk" or unnecessary. As we know fees are different for each of us depending on our companies and line of work, but that does not mean we can label them "junk".

It my experience it is far better for us to show what should be on a good faith and explain it properly rather than rip someone else's good faith. Again just from my years of experience with people comparing.

Apr 13, 2007 05:34 AM
Steven Shewell
Primary Residential Mortgage, Inc. - Ephrata, PA
The Mortgage Maverick

We all have to be careful that what we put out there could some day end up as an "example" on the internet somewhere (ask any celebrity).  I don't get too involved in ARM products, as the fixed rate mortgages were very competitive.

That being said, the interim interest could have actually been listed as a CREDIT to the closing costs, not a charge if they were to settle the loan within the first few days of a month.  Also, the fees charged are not that out of line with what I have seen some other lenders charge in my area.

Many lenders (brokers, especially) tell the homeowner that when the appraiser shows up, they are to give them a check at that time.  This would then be listed as a POC on the GFE.  There are many ways to get the costs down on an estimate, but unfortunately too many of them focus on the word "Estimate".  At settlement some other fees have a way of showing up.

Just my two cents worth...

Apr 13, 2007 05:57 AM
Morgan Brown
Inman News - Laguna Beach, CA

Hi Ann,

 Thanks for your thoughtful response.  Here is mine: (your comments in italics)

Morgan-The majority of loans require an appraisal.  Appraisal are either paid at closing on the HUD, or paid out of pocket.  On your example, your circled the $350 appraisal feed that was clearly checked POC (paid outside of closing) and wrote "No Charge?  Yeah Right!";  How do you figure there is not charge?  The appraisal was paid outside of closing.  So, someone paid for it prior to closing.  When I check that box, it means the customer is responsible for paying for the appraisal directly to the appraiser.  MISINFORMATION

The circle with no charge is around the area where points and fees would be disclosed.  The appraisal is fine.  There is no circle around the appraisal fee.  I am fully aware of the term POC and how this is marked on the GFE - its one of the things that is correct! 

Your terminology for "junk fee" is offensive. I earn every cent I make on a loan.  I work for my customers.  My time, knowledge, and hard work is notjunk.  I know that is the common term, but did we tell an attorney that his retainer fee is junk?  How about your paediatrician?  Better yet, do you work for free?  Is your company a non-profit organization? I am going to go out on a limb here and say no.  

Any fee such as an "Administration Fee" or "Loan Fee" is junk.  Sorry, it is.  If you earn every cent than put those cents in the origination where they belong.  If your bank charges "Administration Fees" they are charging junk. 

My lawyer clearly bills me by the time he spends on my requests; I pay for his time - not for how much he can charge me based on a random percentage of the job that doesn't tie in to the effort involved to complete the transaction.  The lawyer also doesn't tack on a bunch of fees such as Legal Assistant Fee $350, Courtroom Access fee $400, etc.  I would love to debate the compensation methods of loan originators in its entirety but that is definitely another discussion!

My company is not a not-for-profit organization - but my blog is!  I don't advertise or reference my company on my blog.  I don't use it for lead generation or otherwise.  So therefore I advocate to consumers that they not pay junk fees.

You are correct in saying that the government will get their money.  However, I do have a few lenders that have a "No Closing Cost Option";.  I have seen the HUD's from the settlements so I know that they do exist.  There is no recording fee with this product.  As for title insurance, ifit is required, in PA every loan officer has at least one chart within hand's reach.  I gladly show it to my customers. 

I am just saying the recording fee should be estimated and on the HUD.  It is a clear sign that the originator is leaving fees off, unless it is a no closing cost option.  Which would only be feasible on this GFE if it was an Option ARM.  You are not doing no-closing cost loans at 4% on anything other than an Option ARM.

Now let's address your comment on interim interest.  Most lenders require that a due date be the 1st of the month.  This is not to make more money.  This is for collection purposes.  Most grace periods are 15 day.  That leaves, on average, 15 days to get payments in that are due.  If delinquency is up, profit is down.  Share holders have a tendency to frown upon low and negative profits.  How would you feel if you had stock in South Star, MLN, etc.  There is a possibility that the intended lender does not require a 1st due date.  So it is possible that it is not incorrect.

I didn't say that interim interest is to make more money.  I said that it should be estimated on the GFE because it is usually on the settlement statement.

We are not trying to attack you on the subject.  Customer do read our blogs, and they put trust into us.  We need to properly inform them.  Every loan scenario is different.  If someone had a GFE with only $795 is closing costs, it could be correct (depending on the loan and the state). 

Trust me, I don't feel attacked.  I love this discourse.  If I didn't I wouldn't have posted a clearly inflamatory image of a marked up GFE.  Every loan scenario is different.  100% agree.  Closing costs could be $795.  I was saying that this GFE and the combination of items on this GFE make this GFE's accuracy highly suspect.  You're focusing on the trees - I am looking at the forest.

Some other words of advice, your wording on the GFE's while you are pointing things out could be more professional.   You should not put a competitor down, just educate your customer while staying positive.

As I mentioned above my blog is not a blog to generate leads or promote my business.  Its merely to shed light on the inner-workings of the mortgage industry with out the sugar coating.  I did not mark this GFE up and send it back to a customer like this; and I didn't explain it like this on the phone.  I value professionalism to the highest degree when I am dealing with my customers.  You make excellent points here.

"My education and understanding of compliance issues and Good Faith Estimate disclosures is thorough".  I think we can all say there is always room to learn and improve.

That's why I'm here.

Morgan

Apr 13, 2007 06:00 AM
Morgan Brown
Inman News - Laguna Beach, CA

Jacob & Steve,

Thanks for the comments. They are appreciated!

Apr 13, 2007 06:00 AM
Morgan Brown
Inman News - Laguna Beach, CA

To everyone that is picking out the individual parts of the GFE and why they could be correct why aren't you looking at the complete picture and coming to the same conclusion that I have - the GFE is filled out incorrectly - hence a BLOWN GFE. 

We can argue style points and line-by-line, lender-by-lender points all day long, but the overall reaction you should have is to question the validity of this GFE.

Apr 13, 2007 06:03 AM
Johnnie Taylor
CFB - Lexington Park, MD

Unfortunately or fortunately, most of my clients go down GFEs line by line and want to have an undestanding of what the fees are. This forces me and those who work for me to make sure our fees are not only justified, but, fully explained to the consumer.

When it comes to the question of credibility, the only thing the consumer has to judge us on is what we put on paper versus what we have said. Its been a rare thing that I submit a GFE to a client and they have NO question. As was said before, if you have too many fees you are going to be scrutinized, but, if you don't have enough, they will ask, "Is this it??" And if ANYTHING pops up away from what you estimated, you are on the hot seat. It won't matter that they waited around too long to close and now you are in a new month and there are more prepaid interest charges or anything else. All they will say is I don't understand this and this isn't what you said.

I wouldn't bet that much on the naiivity of our clients. If they are that naiive, how will they be able to understand when you are explaining what a good or bad GFE is?

I am afraid that alot of us are perceiving this as an alarmist type of advertising. And as I commented before, if that is not your intention, then you may want to qualify your statements and thoughts.

Apr 13, 2007 07:03 AM
Brian Brady
Matthews Capital Markets - Tampa, FL
858-699-4590

Morgan,

Please show more of these ridiculous GFE's.  It is apparent that this is quite an educational tool about secondary market pricing to us.

Apr 13, 2007 08:34 AM
Anonymous
Jim Gilly

Morgan, after reading your article and the subsequent comments, I think we got a "2 fer 1".

First, you exposed how the Good Faith Estimate (better name would be "Leap of Faith" estimate) is inadequate and often not worth the paper it is written on

You next brought out the true colors of some of those in this industry, who instead of concurring and applauding you for your insight, went after you like a pack of wolves eager for a kill.

I particularly like the poster who said "Your terminology for "junk fee" is offensive.  I earn every cent I make on a loan." 

Two points I'd like to make here.  For fees, that are redundant, excessive or for services not even performed is there a better term than "junk fees"?  Perhaps "ka ka fees", "crap fees" or just "bull sh-t fees" would be better.  Take your pick they are all the same and adequately describe what is being charged.

The other point, if someone is defending those fees I would be very leery of doing business with them.  Just because a high number of originators are doing it, doesn't make it right. 

Morgan - the fact you are willing to point out problems such as this may get you inane comments from some of your peers but it should get you kudos from the one that is most important - the homeowner and future homeowner.

Keep up the good work and keep posting!

Apr 24, 2007 10:44 PM
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