Mortgage Broker and Title Company Madness — Consumer Beware!
August 2nd, 2008I was witness to an unsavory settlement recently while assisting another Realtor on a transaction. Here’s the story.
Seller and buyer were under contract, due to settle on a Thursday afternoon. On the Wednesday evening prior to settlement I was informed by the buyer’s agent that the purchaser’s settlement company had a problem with their business license, and could not settle. Arrangements were made to switch title companies. No settlement Thursday. We targeted the following Monday for settlement because the lender needed a couple of days to get the loan arrangements redefined. As it turned out, the original title company, apparently with a closed Virginia escrow account, the reasons for them losing that account made entirely unclear, was unable to disburse funds, so the title company next door took over the case. How long the original title company was unable to use their Virginia escrow account was unclear, as was the buyer’s agent knowledge of this fact. There was initially plenty of finger pointing to go around, but the objective was to get the property sold; at least from the seller’s side. I’m not so sure about the buyer’s side. Even though a third party delayed the settlement the buyer’s agent appeared either reckless or inept at assessing the gravity of the situation. As I had discussions with both title companies, old and new, I found that these two companies “cover” for each other all the time. If one company has an escrow account issue they “trade” to the company who is currently in good standing. WHAT? The buyer has the right to choose settlement companies in Virginia. As much the listing agent wanted his client to move to a title company that understands good business practices, the client went along with the buyer’s title company change for the sake of speed. He needed to sell the property.
Monday arrives. No loan documents, no information provided by either settlement company, and a last minute call by the buyer’s agent. Tuesday, no loan documents because the big lender’s computers are down. I called Mr. Big Lender directly. There phones were up, computers up, and stock share price seemed to be trading with no news of computer failures coming across the wire.
Wednesday arrives, 1 week after the original title company problem. The lender’s papers arrive at the settlement company and settlement is scheduled. The mortgage broker sold the loan package to Mr. Big Lender. The mortgage broker’s fees totaled $6000 over Mr. Big Lender’s fees! The buyer’s closing costs amounted to almost 6% of the sales price of the house! YEOW! To further complicate matters, the seller authorized a subsidy to the buyer to help with closing costs. Some of the overcharged amount to the buyer was paid by the seller. The buyer, excited about this first home purchase, had not a clue as to what was going on. Unsavory, but the property settled. The seller is happy to move on, and the buyer is elated to move in, but both sides paid more than they should have.
This buyer would have saved $6000 by simply applying to Mr. Big Lender directly. Her buyer’s agent should have, could have, pointed that out. At settlement, in order to help her client save money, the buyer’s agent, instead of trying to negotiate ridiculous mortgage broker fees, made a last minute change to the HUD to remove the buyer’s title insurance! Double YEOW! The listing agent and I sat in silence and wonderment, watching this happy, unaware buyer just go along with the “expert” advice she was getting.
Watch out people!
When getting pre-approved for a loan, SHOP IT! If you choose a mortgage broker, ask for fees up front, ask for a good faith estimate up front before committing to the broker, and when it’s time to settle, hold that broker accountable for the fees which were stated to you from the beginning. Your agent should give you two or three lenders from which to choose, and, through experience with those lenders, knows that their fees are reasonable. ANY PURCHASER CLOSING COSTS THAT EXCEED 2 TO 3 PERCENT OF THE SALES PRICE, OR ANY BROKER ORIGINATION FEE THAT EXCEEDS 1 PERCENT OF THE SALES PRICE IS PROBABLY TOO MUCH! In the example above the mortgage broker’s origination fee was 2.5%. That is pure profit for someone at the buyer’s expense (and the seller’s too if a seller subsidy is involved).
When receiving recommendations for a title company, as a buyer, especially a first time home buyer, you should ask your agent for more details about the company. Does the company have easy access to information via web page? Are draft HUD statements provided on demand any time you ask for them? What title insurance company do they use? What are there fees? Are their escrow accounts current and in good standing with the state? Has the agent used the company before?
As a seller on a real estate transaction, limit your subsidy to 2 to 3 percent of the sales price (there are exceptions, such as the Nehemiah program. Ask your agent for details). If you receive in any offer an accompanying pre-approval letter from a mortgage broker that your agent has never heard of, consider a counter offer to limit your subsidy exposure to exhorbitant fees. Your agreed upon subsidy could be squandered, and you want your net proceeds in your pocket, not the pockets of the mortgage broker. Counter-offer with a requirement that you want a pre-approval letter and a commitment letter from a well known mortgage company, counter with a reduction to the requested seller subsidy, or counter with a larger earnest money deposit (around 3 percent) with some language that will put the buyer into default if the mortgage broker fails to get to settlement on time for any reason and you will collect the buyer’s earnest money as liquidated damages. There are numerous ways for you as a seller to limit your exposure. Your agent will help you with that.
Consumer beware! Buyers, shop for your peripheral real estate services. Sellers, limit your seller subsidy exposure beginning with the counter offer process. If the offer looks weak on the lender side, make it stronger with your counter. If the buyer is marginally qualified and falls out because of your counter they weren’t well qualified to begin with. You will have saved yourself a lot of anguish. The market is tough enough; you don’t need your back put against the wall because of poor buyer choices or choices made for them by their agent.