The New, Allegedly Improved Good Faith Estimate (Page Two)

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Continued from The 2010 Good Faith Estimate (Page One)

The next section is on origination charges. Indeed it is titled "Your adjusted origination charges"

It starts with "Our origination charges" saying this is the charge for doing the loan. Indeed, that is and has been the meaning of origination for as long as I've been a loan officer. But they want to add other things into it. Furthermore, be advised that prospective loan officers are allowed to change their minds about origination up until 7 days before the final loan documents are signed. In short, they can tell you they are not going to make anything in order to get you to sign up - then decide they want to make 3 points after it is too late for you to change loan providers.

The next subsection talks about "Your credit or charge (points) for the specific interest rate chosen" This is what is traditionally known as discount (in the case of a charge) or yield spread when this money is money paid back into the loan by the lender (I should mention that Congress has essentially banned Yield Spread in loans on the sly - something very disadvantageous to consumers, as you can't do low cost loans without it). Then it offers lenders three different options. They can say it's included in the origination line. This means they're not breaking it out as a separate charge, but lumping it in with true origination. The second option is to tell consumers they will get a credit out of the rate chosen, which does sometimes actually come true in the real world. I have used this credit dozens of times to get clients a true zero cost real estate loan. This usually happens when rates drop precipitously, so instead of seven percent, people can get a loan at 5.5% for literally nothing, as the lender pays enough to pay me and all of the other settlement charges. Of course, people willing to pay those charges get a substantially lower rate - ALWAYS. But if the people know they're going to have to sell or move in a year (not enough time to recover the costs of those lower rates), a zero cost loan saves them money every month they have it because there are no costs to recover. Finally, you could be paying this charge on top of regular origination. The one thing I want you to take away from this part is that origination is going to get paid on every loan somehow, and you need to understand how it's going to be paid before you tell someone you want their loan. And note that none of this is set in concrete at the time you sign up for your loan.

The next set of items is "Your charges for all other settlement services" Unlike previous versions of this form, there's a lot of lumping into sections going on here. Lumping is a good thing, as far as it goes. It lessens the ability of people to pretend that certain charges aren't going to happen. However, keep in mind that at sign up, and up to 3-7 days before final loan paperwork is signed, loan providers can still change all of these simply by giving you another Good Faith Estimate. It needs to be emphasized that the general practice ever since I can remember is to delay telling you about as many of the charges as possible (and pretend the ones they can't are going to be smaller than they are) until it is too late for you to switch loan providers, and the new Good Faith Estimate is doing damned little to change that fact or hamper that practice.

"Required Items that we select" tells you about the service providers that you have no option on. Until 2009, this section should have been blank. Now with Home Valuation Code of Conduct raping consumers and making it difficult for good loan officers and good appraisers, this is where the appraisal needs to be. Loan officers are not allowed to choose appraisers or even appraisal companies in most loans. The appraisal company is predetermined for us and we are not allowed to use anyone else - and that company gets to assign the appraisal to whomever they want. Usually, this is the appraiser who is most desperate for work who submits the lowest bid. If the qualify was there, or if I even had the option to kick bad appraisers off the list, that would be a good thing. As it is, I feel lucky any time an underwriter actually accepts an appraisal ordered under this procedure.

"Title services and Lender's title insurance" Once again it might be nice, if the title insurance company provided complete charges at sign up. About two months ago when the seller chose one in a transaction, they were incomplete to the tune of about $480 when we started the loan, and when I was trying to nail everything down for MDIA compliance, they were still $120 too low on what they actually ended up charging the consumer. I was not happy, and my client even less so. Even if the title company is truthful however, there is no guarantee at loan sign up that a lender will disclose those fees honestly.

"Owner's Title Insurance" This should not be a part of refinancing. As far as I know, owner's title insurance can only be purchased when you buy the property in order to prevent what insurer's call adverse selection. Around here, the title company on purchases is specified by the purchase contract and the lender has exactly zero control over it. Furthermore, every purchase contract I've ever written requires the seller to pay for an owner's policy of title insurance. If they're not willing to pay for the buyer to have a policy of title insurance, there is a reason, and none of the explanations that are really possible is a good situation for the buyer to be getting into.

"Required Services that you can shop for" this means they have to get done, and they have to be paid for, but you can choose by who and the charges are only an estimate. Be aware that no matter how conscientious the loan officer, they can't be held responsible for accurately quoting a service you are going to choose later, either morally or legally. I quote what I can deliver from service providers I know - but you're welcome to take the business elsewhere with the understanding that you are responsible for the outcome of doing so.

"Government Recording charges" these charges are for recording your documents so they become part of the public record. This is a requirement for all regulated corporate type lenders. The mafia or your dad doesn't necessarily have to record your loan - but public lenders do, and it's for your protection as well as theirs. Whatever it is, it's charged by the government, and everyone's charges should be the same because they're passing along a charge. If they're not the same as everyone else, that's a problem.

"Transfer taxes" are charged on the transfer of real estate (or refinancing, in some states) by the government. Once again, everybody should be the same because they are just passing along a government charge where it exists. If someone is different from everyone else, that's a problem.

"Initial Deposit for your escrow account" If you want or are required to have an impound account, the money to seed it is accounted for here, despite the fact that it is not a cost of the loan no matter who or how many people say it is. It is to be used to pay your property taxes and your homeowner's insurance when those charges are due, and when the loan is over, you get any excess back. This is just the lender holding on to your money. Once again, this should be the same for everyone. If one lender is telling you something different, odds are they are low-balling you by telling you you're not going to have to come up with what you are really going to have to come up with.

"Daily Interest charges" go to paying the prepaid interest. You pay interest on every loan for every day you have it. You never ever really skip a mortgage payment - but this is what allows some lenders to pretend that you do. This is not really a cost of the loan - you would be paying it even if you didn't refinance. It should be loan amount times interest rate divided by 12, then divided by 30, times the number of days. The most common method of playing games with this is to pretend that the prepaid interest is going to be for fewer days than actual. On a refinance, it can never ever really be less than thirty (30) - it's usually a day or two more. On a purchase, it's the number of days between closing date and the end of the month, counting both days (in other words, on the first day of a 31 day month, it's 31).

"Homeowner's Insurance" This is the money that will be used to pay for your homeowner's insurance. This is required by all regulated lenders, but I cannot imagine owning a home without having insurance from a solvent company able to pay whatever claims may arise from a widespread natural disaster. So unless you're one of the people who disagrees with me on that, it really isn't a cost of the loan, is it?

Once again, I must emphasize that at sign up, lenders are permitted to low-ball costs, particularly the ones that aren't fixed in concrete by other parties (government fees, prepaid interest, insurance). They don't have to be honestly disclosed until 3-7 days before the final loan documents are signed - far too late to change lenders in most cases. Used to be I could reliably get a purchase money loan done in 17 calendar days or less, a refinance in about 24. With all the regulations building new delays into the system, even if I have everything I need in my hand at the time of application, 45 days is about the quickest loan practical these days. If there is a loan involved, I wouldn't consider a purchase escrow of less than 60 days, and I'd be mentally prepared to extend even that.

Caveat Emptor

The concluding article on page three is now here

Original article here

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About this Entry

This page contains a single entry by Dan Melson published on July 14, 2014 7:00 AM.

The New, Allegedly Improved Good Faith Estimate (Page One) was the previous entry in this blog.

The New, Allegedly Improved Good Faith Estimate (Page Three) is the next entry in this blog.

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