Staring down a stack of densely worded loan documents can be
one of life's scariest, and sometimes most baffling,
moments.
And when mortgage-broker fees take a dramatic
upward swing at the end of the transaction, it's often hard
to figure out what happened or why. "It's like being sick
but not knowing why you're sick. You only know something is
wrong, but you are not sure what it is," says Sean Moore, a
29-year-old financial adviser from Seattle who still wonders
what happened with his first home loan from five years ago.
It wasn't until months after closing on his first loan
that Moore wondered: "What did I sign, anyway?"
He wondered if he got the most competitive rate and if
the broker had been on his side.
Four months ago, when Moore needed to finance his next
home, he did some research and found a mortgage broker who
provided a fixed fee upfront and who would reveal the
wholesale loan amounts to him. That fee was guaranteed not
to change during the loan process.
Moore had found an "Upfront Mortgage Broker."
(Saint Lawrence Mortgage!)
More than 120 brokers belong to the nonprofit Upfront
Mortgage Brokers Association, founded in January 2006.
Washington state has two brokers doing business as Upfront
brokers (or UMBs, as they are called) and 15 applications
pending with the association.
The idea comes from syndicated columnist and "mortgage
professor" Jack Guttentag (his column runs in this section),
a retired business professor and mortgage expert who wants
customers to have more information during the loan process.
Customers are confused, Guttentag says.
The association focuses on just one dimension of the
broker-client relationship: the broker's fee.
"It's better," Guttentag says, "to get the fee out in the
open and have it agreed upon in advance like you would with
an architect or any other service provider."
Guttentag is concerned about things like the "good-faith
estimate," which is merely an "estimated" cost of the loan.
It seems to him that many brokers have been doing a "bait
and switch," luring customers with low rates and fees, then
increasing those costs near the closing date.
A conventional broker's fee can go up as long as the
customer is notified within three days of signing, but an
Upfront broker's fee remains fixed throughout the process.
The fee is agreed to upfront and a statement of
commitment is signed.
"We now have a commitment from loan officers that is all
about transparency. The more transparent the process, the
more people will be able to make informed decisions," says
Steve Heideman, president of the Upfront Mortgage Brokers
Association.
He thinks the openness fosters trust and helps customers
feel they can discuss a variety of loan programs.
But most Washington brokers may already be operating in
an "upfront" way.
A new state law that took effect at the beginning of the
year, requires the state's 10,000 loan originators, also
called loan officers, to become licensed and pass a
background and competency test. "If you are in compliance
with Washington state law, well then you are an upfront
mortgage broker," says Adam Stein, president of the
Washington Association of Mortgage Brokers. He estimates
that probably less than 1 percent of Washington brokers are
engaging in unethical practices.
"Yet if you get to closing and all of a sudden find
increased fees that benefit the broker or lender and there
is no tangible reason for it, by all means contact the
Department of Financial Institutions," Stein says. "We want
to hear from you."
Last year, 209 complaints about mortgage brokers were
filed with the state Attorney General's Office.
The three biggest red flags to watch for: lack of a
disclosure (the good-faith estimate), a request to sign
blank documents, or discovery at closing that the good-faith
estimate is nothing like what you thought it would be.
Michael Sanborn, an Upfront mortgage broker who charges a
flat fee, worked for years as a loan underwriter and noticed
that many brokers didn't seem to understand all the loan
options themselves.
He also worried about the fees being charged to
customers. "There was too much confusion and not enough
information," Sanborn says.
Sanborn agrees that the new licensing law will help
increase customer confidence, but he remains concerned that
customers must already understand how interest-rate-pricing
works or find someone willing to sit down and explain it.
Having all the information upfront and knowing what fees
are set can help customers feel more in control of the
process, Sanborn says. But when customers sense that
something isn't right, they don't always know where to go
for more information.
"The problem is that the vast majority of people will not
complain to the Department of Financial Institutions,"
Sanborn says. "They will simply not use the company again,
or become bitter and jaded."
Julie, a 33-year-old writer, bought a house in Seattle
last month and says she and her husband felt pressure from a
broker recommended by their real-estate agent. After she
asked about a variety of loans, the broker copied down her
personal information and began insisting she pursue an
interest-only loan.
Before she agreed to any fees, the broker scheduled an
appraisal and started work on a loan she didn't want.
Her concerns grew when she told the broker she did not
want to use him and he got angry. Later she received a loan
document in the mail from an unfamiliar bank, which
confirmed to her that the broker was working more for
himself than for her. She wondered about his fees and if she
was now obligated to work with him.
"It all happened so fast," she says, "and we didn't know
enough about the process to know what we should do. Was what
we experienced illegal? We just don't know. We just know
that the whole thing made us feel ill at ease."
Upfront brokers say that for the uninformed, confusion
and fear are typical emotions associated with the loan
process.
"Fear of the unknown ended up costing me a place," says
Paul Arrington, who was working as an airline pilot in 2000
and had his eye on a town house in Southern California. He
had a down payment ready to go.
After consulting with a mortgage broker who he says
didn't explain the process very well, he stalled. He wasn't
sure the broker was being straight with him, and he did not
fully understand the process.
"I was just afraid and I didn't know what I was getting
myself into, and I didn't have any support."
After he lost the town house, which he says has since
appreciated by $450,000, Arrington learned the business for
himself and became a loan officer.
There is so much information out there, and you really
have to take time to go over it with people, Arrington says.
"And it shouldn't be that on the last day before closing you
find out that there is a change."
Jeff Rafuse became an Upfront broker after reading
articles by Guttentag.
"Most people signing all the paperwork just want to get
it over with and go home. It's such a stressful process,"
Rafuse says. "The Upfront broker program helps build trust
and allows clients to know what is going to happen ahead of
time. That helps."