An article introducing a book (but not reviewing it)... By Douglas MacMillan
Read this with the following glasses on:
1. Somebody is trying to sell a book here
2. Media likes to trade on fear, scandal, and general salaciousness
The article is followed by a group of the most recent reader comments about the article. My comments will follow at the bottom.
The Durham (N.C.)-based nonprofit Center for Responsible Lending estimated in July, 2001, that predatory mortgage lending is currently costing Americans more than $9.1 billion each year.
Lenders will argue that each one of these dollars represents a legitimate fee stipulated by a legitimate contract, that they are only viewed as predatory by borrowers who overlooked the fine print in their mortgage.
But ask Ted Janusz, who spent an interim period of his career learning the ins and outs of mortgage brokering as a loan officer in Columbus, Ohio, and he'll admit that what is really going on here is a game of subterfuge being played at the expense of borrowers with low credit ratings.
CONFESSION TIME. The strategy of lenders, he learned, is to maintain an uneven playing field with their clients. "The average person only gets a mortgage every seven years. How can you become good at something you do every seven years, especially if you're dealing with somebody who knows all the ins and outs and is doing this several times a day?" he recently told BusinessWeek.com.
After a year of putting up with what he felt was the industry's lack of integrity, Janusz left the business for good. Still, he felt he was privy to information that the public rarely gets to see. He vented his frustrations—and spilled his guts—in the 2005 book Kickback: Confessions of a Mortgage Salesman (Insight).
The book details the sophisticated traps lenders set for clients they see as suckers. "If somebody came in wearing cowboy boots and ripped-up jeans, those are the people you took to the cleaners on fees. That was the unwritten rule—we were looking for people we'd see as having less-than-perfect credit."
TUNNEL VISION. Lenders who found a mark would make sure the money was ending up in their pockets mainly through back-end yield spreads, or the so-called Service Release Premium. For example, they would tell the borrowers that they could have a 9% interest rate, but when the paperwork cleared, their low credit rating would force them into an 11% rate—often without the borrower even knowing it. The resulting dividends, thousands of dollars in each case, fell into the lenders' laps.
In his book, Janusz also highlights an array of common traps lenders use all the time, such as allowing a borrower to see an attractive interest rate offer and letting him think that's the only important consideration in a mortgage negotiation. "You hear companies offer fabulous rates, but what are they paying in closing costs to get them?" Janusz says. "It would be like comparison shopping for cars only looking at the headlights."
Nickname: TD Hawk
Review: Full disclosure, I'm a Certified Mortgage Planner. I'm wondering if BusinessWeek is running out of story ideas? A few weeks ago, a cover story about "How toxic is your mortgage?", then this biased piece and, for over a year, there's been a video "Un-ARM Yourself." In regard the latter, the cost of mortgage money is falling--the lowest it's been since March--and will continue to do so into 2007. Why? The Fed is hell bent on slowing our economy and the cost of money falls when that happens. So folks following all this sage media advice will be "buying high" if they run out and lock a fixed rate. But the bottom line folks, do business with someone you know and trust based on referrals from those you know and trust. There are no deals in financial services unless you're related to the provider. Read everything and know the cost of money is what it is for everyone in the same credit profile shoes. And don't plan your finances based on anything in the media or you'll "buy high" yet again.
Date reviewed: Oct 11, 2006 11:31 AM
Nickname: Bill and Art
Review: I read comments for an hour -skipped some, read many. I was more interested in what the real estate industry people said than the consumers - I've heard many a sad tale from borrowers that ranged from complete truth to a lack of understanding of risk (it is important to pay your bills occasionally) to total I-really-thought-my-rate-was-1 percent-forever lies. While I am not a proponent of the ugly slogan "buyers are liars," I find the exposure to the experience of two or three mortgages less enlightening than the hundreds the average, seasoned (not one year) mortgage person embraces.
Date reviewed: Oct 11, 2006 2:39 AM
Nickname: K-Dubb
Review: There are charlatans in every industry, work sector, business, for- and not-for-profit, etc. I've been a loan originator for five-plus years and I'm astounded how many times I've conducted Mortgage 101 lessons for clients - homeowners mindful of only their rate and payment. Many are unaware that even when their quoted rate and final (funding) rate are the same, their qualifying rate may have been lower. The difference went into the lender's and/or loan officer's pocket. In purchases - not just "sales" - everything is negotiable. You have to know your options, what you qualify for (not just "your rate"), the total expenses (not just "closing costs"), and to review or have assistance reviewing the loan papers before you sign. Failure to conduct due diligence is plain ignorance - the government, which many want to reduce in size and scope, can't be your financial babysitter.
Date reviewed: Oct 11, 2006 2:14 AM
Nickname: Geezer
Review: It's hype, hype, hype designed to frighten the public, sell commercials, newspapers, and expose books. Not all lenders are bad (most aren't) and not all loan officers are bad (some are). And not all police, firemen, lawyers, politicians, in-laws, athletes and movie stars are good either. If you fall for the hype, the ads, the news, you'll get burned.
Date reviewed: Oct 11, 2006 1:59 AM
Nickname: Art
Review: People need to be responsible for their own behavior. All of Madison Avenue is trying to get your money. Lenders are no better nor any worse. We eat fast food we know is killing us. We smoke cigarettes that destroy our health then praise the tobacco companies for offering rehab programs. Lenders just got in it a little later: 1 percent loans?! Zero closing costs?! 50-year mortgages?! Come on. Grow up. It's hype. Live on less than you earn - save your money - and no one can scam you. If you don't gamble you won't meet a leg-breaker one night. Pay your bills and you won't deal with the lending liars. Daddy always said, "Don't believe everything you hear." That's pretty good advice.
Date reviewed: Oct 11, 2006 1:51 AM
Nickname: Ranchexit
Review: In all fairness here, Mr. Janusz is trying to sell a book. The "expose" is his tickler and fits in well with our overhyped media-driven world. While there is truth in what he says, such shabby and deceptive treatment of consumers is limited to a few greedy lenders (I could guess his employer's name fairly easily) and opportunists. There are to be found both conscientious lenders and the louts. Sadly, the self-serving mentality of the latter is found in other industries: Enron execs bilked life savings out of thousands and eyebrows were raised, but little justice meted out. Yet if we pay an extra point in closing costs (even if our credit stinks)-we get torqued because it's us. I am opposed to usury. I am also opposed to people overspending, living on (declining) credit, and our instant gratification mentalities. Let's all teach our kids about credit, starting at home and continuing in school. It's hard to get scammed when you have perfect credit and can get your loan anywhere.
Date reviewed: Oct 11, 2006 1:37 AM
Nickname: yogamom
Review: Are you kidding here? The purchase of real estate is by far the most important financial decision most people will make. Those who serve in the real estate profession as agents mortgage brokers and appraisers sound unscrupulous. Someone must stand up to these individuals. Be a smart consumer and walk away from any person participating in these practices. Money is money whether the person has less than perfect credit or not they still deserve the best deal and the best service. Do not call yourself a professional if you behave otherwise toward consumers.
Date reviewed: Oct 11, 2006 12:01 AM
Nickname: experience counts
Review: Seeing the comment from "Seen it all," dated Oct. 2, I have this to say: For someone who has supposedly been in the "industry" for 20 years, you must be either a) an idiot, or b) you buried your head in the sand a long time ago. Do you still use a typewriter to process applications?
Date reviewed: Oct 9, 2006 5:25 PM
Nickname: Matt
Review: My suggestions to anyone who is going for a home loan and it's either your first time or you haven't done it enough to be confident about it, talk to someone you know who has either moved a lot or is a real estate investor. I have done both. I'm to the point where I've applied for a home loan at least once per year for the last seven years (in some years, it was actually twice). I know the mortgage loan process better than some of the mortgage processors I've dealt with now. Overall, mortgage loan folks are not that experienced, and it's a fairly high turnover business. You'll see that the more experienced you become at it, you'll wind up doing the thinking for your mortgage loan processer. That's both good and bad, but I think you'll agree, you're better off when you know more than them! In short, talk to someone who's been through the loan process a lot. It will pay big dividends when you go for your own loan!
Date reviewed: Oct 8, 2006 2:43 PM
Nickname: helpingmyparents
Review: My parents are senior citizens and on a fixed income. What they both bring in together every month is probably what some make on one paycheck. They were doing fine with their mortgage until they went to refinance. Normally I'm always there overseeing their financial matters. This time my father did it alone trusting what he was told. In the end, his mortgage payment went up $200 a month with a promise that after two years he could refinance to bring it back down. Completely impossible because the gentleman assisting him combined two loans that he co-signed on for two of his children a total of $15,000 bringing his loan amount to $75,000. My question is how on earth did this gentleman refinance my dad for a mortgage for this amount with such little income? I'm thinking it's a case of predatory lending, but not sure. Dad's kids continued making their monthly payments to him to offset the difference in his mortgage payment but they are now being paid off. Anything I can do to help him?
Date reviewed: Oct 8, 2006 1:09 PM
Here's the bottom line: there are people out there who don't take responsibility to learn what they need to know about this, the most important of decisions. They may also not even know what questions to ask. So many homebuyers these days have hired the moving company, moved out of the old place, are living in a trailer somewhere, have no money whatsoever, want 100% financing, have pawned the dog to buy a truck, and are waiting on the driveway of the new hoouse before they have closed the loan. Are these people REALLY concerned to go over each line item and understand the real cost of money. The answer is no. They are so horny to get the new place that at some point in the past, they stopped caring what it was going to cost them, either in the long run or the short one.
The lending industry is also full of people who will take advantage of anyone available. There are also those who understand the concept of Karma, repsect, and being able to sleep well at night. Some don't care.
A while back I discussed how mortgage lending works: as far as a broker is concerned, there are two main income producers: Origination points, and Yield Spread Premiums. Both are income - the first is an "up-front" cost, paid through a line item on the settlement statement. The second is a fee paid to the broker by the lender. This fee is based on the "spread" between the "base/par rate" and the rate that the loan is actually closed with. This total income amount is used to not only pay the loan officer, but is also used to pay the other office staff, brokerage fees, utilities, phones, rent, paper, long distance, etc. The loan officer will typically see a percentage of this total amount as actual income to him/her.
On the settlement statement, the second amount, yield spread premium, is noted but not included in the "cost" of the loan, or the cost of money, if you will. It is noted outside of the standard tabulation of costs. It is easy to miss, and one easily would think that since it is not in the tabulation of costs accrued, that it really isn't a cost at all. But this is wrong. If there is a yield spread premium noted on the sheet (anywhere) it means that you are paying more in RATE on your loan than you otherwise might, had you been educated to this, and given the choice about it.
I have also noted that I seek to educate my borrowers, both well-heeled and not, to the ways I make my income. I tell EVERYONE that my services cost ALL BORROWERS, regardless of credit or life situation, about 3% of the purchase price of the home. This is common, and it is what I think my services are worth. You don't work for free, and neither do I. My job is difficult, arduous, and incredibly stressful and time-consuming. I will educate you as to what you qualify for, what is reasonable for you, and what I think you should do. I also give you the choice as to how you plan to pay that 3%. I explain that you can get a slightly lower rate if you choose to pay your fees to me in origination rather than YSP. This is easy for almost ANYONE to grasp, and I rarely have a problem with people on this issue. They value my service, and, most of the time, refer other trusted friends and family to me as well. They obviously like what I did for them. Almost everyone chooses to split the difference and pay some origination and some YSP.
You should note as well that the relationship between your rate and YSP is NOT a 1:1 ratio. That is to say that it will not cost you 1% in your rate in order to pay me 1% in YSP. Usually the ratio is 2:1 or 3:1 - that is to say that it costs a half a point in rate to pay me 1 point in YSP. Some lenders are even more generous and offer a .365 (3/8ths) rate bump for one point in YSP. I tell people this, they do the math, and make the choice.
Now all this is not to say that there isn't room for improvement in the industry, either through some sort of ethics standards, or industry oversight... for example, NO end lenders out there require the broker to disclose YSP in dollars and cents on the good faith estimate provided to the borrower at the time of initial application. I think this should be changed. Lenders now only require that a generic notation be made that the broker "May receive between 1-3% in YSP, not paid from the proceeds of the loan." This SOUNDS like it isn't a cost, but it is.
So, after all this, ask yourself one question: If you want to quibble with an upright, ethical mortgage broker about paying 3% in fees for securing an appropriate mortgage for you, what value are you getting from paying a real estate agent? Think about that. They are making a MINIMUM of 3%, sometimes up to 6% on the transaction. Your ire is missplaced, friend.
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