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How are mortgage brokers compensated?
Let’s begin by attempting to explain the role
or function of a mortgage broker within the framework of a lending
transaction. Mortgage brokers serve as the link between the borrower
and the lender. Their activities typically involve assisting the
borrower in completing a loan application, ordering required reports
such as credit history and property appraisal, verifying certain
data through loan processing, assisting in the loan closing and
perhaps, most importantly, educating and advising their clients
about the mortgage industry and mortgage opportunities.
For their part in facilitating the lending transaction,
the mortgage broker receives compensation. Total compensation to
the mortgage broker generally comes in the form of commissions (generally
reflected as a percentage of the loan amount) and/or other fees
oftentimes labeled “processing fees”, “application
fees”, “administration fees” and “document
preparation fees”. The method of compensation can vary from
transaction to transaction and in any specific transaction a broker’s
compensation may be paid by the borrower as “points”,
by the lender as a “rebate”, or a combination of the
two.
While mortgage broker compensation is usually not
governed by law, the government has nevertheless had to intervene
due to exorbitant compensation charged by some mortgage brokers
for services rendered. The two most obvious interventions on the
part of the government in this regard are: (1) the Truth in Lending
Act (TILA) enacted in 1968, and (2) the Real Estate Settlement Procedures
Act (RESPA) enacted in 1974. In essence, these Acts provide borrowers
with the ability to make better credit decisions through the proper
disclosure of facts, terms and rates.
Again, since compensation is not governed by law,
a mortgage broker can effectively charge you whatever he/she wants.
While these Acts do not change that, they do mandate that the mortgage
broker make it very, very clear what the borrower is receiving.
This should allow the borrower to compare offerings from one broker
to the next...
Often, a mortgage broker needs to be nudged by the
borrower to provide the borrower with the information to which they
are entitled. The following are a few questions you should ask a
mortgage broker:
1.) Will you provide me a Good Faith Estimate
of Closing Costs?
This will provide you with a very detailed breakdown
of all costs related to the loan transaction such as appraisal
fees, credit report fees, processing fees, underwriting fees,
document fees, escrow fees, title insurance fees, notary fees,
etc.
2.) Can you show me your wholesale rate
sheet?
Be prepared for a wide variety of answers, from
“They would not make any sense to you.” to “It
is illegal to provide you with these. They are for our use only.”
The bottom line is that, with a little explanation and guidance,
rate sheets are relatively easy to read and there are no restrictions
as to their use.
3.) How will you be compensated?
Once again, be prepared for a wide variety of answers,
but what you should expect is something like this….. “Regardless
of the loan program you select, fixed or adjustable, whether it
is a two-point, one-point, no-point or no-point/no-fee loan, our
fee will be 1%. Let me show you how it works.” At this point,
the broker should refer to the wholesale rate sheet and explain
what the borrower would have to pay at any rate on the sheet.
A brief illustration of this would look like this:
EXAMPLE ONLY
| Interest |
Lender
|
Cost
to |
Broker |
Rate |
Rebate |
Borrower |
Compensation |
| 6.125% |
< 1.000%> |
.000% |
1.000% |
6.000% |
< .500%> |
.500% |
1.000% |
| 5.875% |
.000% |
1.000% |
1.000% |
| 5.750%* |
.500%* |
1.500% |
1.000% |
| 5.625%* |
1.000%* |
2.000% |
1.000% |
|
*At these rates, the broker would have to pay
the lender, hence, if a borrower wanted a rate of 5.750%, the
borrower would pay a total of 1.500% of the loan amount, .500%
of which would be paid to the lender and the broker would retain
the 1.000% as their fee.
If you are able to get understandable responses to
the above questions, you will then have the ability to properly
compare offers between brokers. Preferred Financial brokers will
be happy to provide you with all of the above and, if you wish,
we will help you analyze any offers you might receive.
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