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All Forum Posts by: Account Closed

Account Closed has started 53 posts and replied 439 times.

Someone emailed me an advised I send a the Builder, the Builder's Title Company and Preferred or In-House lenders a cease and desist notice informing them that a legal binding Mortgage Brokerage Contract is in effect and they can be sued for "Tortious Interference of Contract"

Can a Mortgage Broker sue a builder for such a thing?

Does anyone know of some ways to prevent Builders from Coercing and Steering a Loan Originator's contracted borrowers, who they've obtained a Loan Commitment for, to their "In-House" or "Preferred" lenders?

This has been a tactic of Builder's for quite some time. A buyer comes to them to purchase a home, their "In-House" or "Preferred" Lenders can't get the borrower approved or can't offer the loan programs the borrower needs or desires, so they contact another lending source.

The other lending source is able to obtain a Loan Commitment for the borrower, then 30 to 45 days before the home is completed, the Builder's Title Company contacts the Loan Originator fore the Mortgagee Clause and then forwards this info to the Builder's Lenders.

Then, the Builder's Lenders implements their well choreographed assault on the Loan Originator's borrowers to Coarse and Steer them back to doing the loan with the Build's Lenders.

Anyone know of some ways to stop them in their tracks?

Post: Profit Banks Hide from Borrowers

Account ClosedPosted
  • Lender
  • Tampa, FL
  • Posts 543
  • Votes 168

Bob,

That's a very fair statement, bottom line, who offers the best rate and lowest costs is what matters.

The reason for this post (which I'm new here on this site and understand this should have been posted as a blog) is to make Consumers aware of what really goes on behind the scenes in lending.

Post: Profit Banks Hide from Borrowers

Account ClosedPosted
  • Lender
  • Tampa, FL
  • Posts 543
  • Votes 168

And since we're on industry compensation, what about Realtor points and how they can be used to benefit consumers?

Anyone on this site ever heard of REALTOR REBATES? I posted this below, tell me what you think about this savings to consumers.

http://www.biggerpockets.com/forums/61/topics/124864-realtor-rebates-or-buyers-agent-credit

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Post: Profit Banks Hide from Borrowers

Account ClosedPosted
  • Lender
  • Tampa, FL
  • Posts 543
  • Votes 168

But to be completely honest, would I like to have access to SRP? Yes!

Would I be able to make more money? Yes

Has the Dodd Frank Act, with its absurd rules about Brokers only being able to make money on the Front End ...or... only thru Lender Comp. (i.e. rate compensation) hurt Millions of borrowers that could benefit from Brokers being able to adjust Compensation to fit the situation? Yes!

All I'm doing here is sharing the facts about Mortgage Industry Compensation.

Post: Profit Banks Hide from Borrowers

Account ClosedPosted
  • Lender
  • Tampa, FL
  • Posts 543
  • Votes 168

You are wrong and you know it!

I too have worked where we had access to SRP (Service Release Premium) and you know good and well that's why so many Broker Shops strive to become Correspondent Lenders and Mortgage Lenders to obtain Warehouse Lines, so just like Banks, they too can make more and hide what they are making on the Back End (.i.e. SRP/ higher rate rebate) as well as make money on the front end in origination / points.

This is also why Wholesalers are coming out with these Mini-Warehouse Lines for the smaller Broker Shops, so they to can get on the SRP bandwagon!

So you can try to dress it up and put as much lipstick on this SRP pig as you want, but it's still a pig and everyone in the industry knows this to be true.

Furthermore, I'm not promoting myself, I'm simply sharing what I know to be FACT!

However, being new here, I'm learning as to where I can post and what is allowed.

Post: Profit Banks Hide from Borrowers

Account ClosedPosted
  • Lender
  • Tampa, FL
  • Posts 543
  • Votes 168

Service Release Premium (SRP)/ Overage

Profit Banks Hide from Borrowers

"Service Release Premium" (SRP) or "Overage" is profit that banks make when they sell a Borrower's loan to a servicing company post closing. Amazingly, banks are legally allowed to hide this profit, never having to disclose it to consumers.

Banks make money off the interest rate of the loan they sell to borrowers, but because they close the loan in their name on the closing documents, the government doesn't require them to disclose the SRP/ Overage to the borrower. This hidden profit is often much more than a broker would receive if they sold the same higher rate loan to borrowers.

Mortgage brokers have been disclosing their compensation from lenders called Yield Spread Premium" (YSP) for years on the Good Faith Estimate. But, because loans do not actually close in the actual broker's name on the closing statement, unlike Banks, the government requires brokers to show this amount added to the total origination charge section on the new Good Faith Estimate.


However, this amount is then shown as Credit to the Borrower simultaneously reducing the amount back down in the Adjusted Origination Charge making it a wash. Confusing? Yes, but this is exactly what the Banks want!

The reason for this all this numbers shell game? Banks are counting on the confusion of consumers and inaccurate perception to paint a rosier picture of banks over the Mortgage Broker, when in reality, bottom line it's the Mortgage Broker who can offer the consumer the better deal.

For years banks have relentlessly worked through their Washington influence and lobbyists to create this 'tilted playing field' allowing their SRP/ Overage profit to be hidden from the consumers. Unfortunately, after all the housing melt down banks helped to create through their unlicensed loan representatives, they've once again been given a Wink and a Nod by the government and have succeeded with the very confusing New Good Faith Estimate.

But unlike banks, who rely on confusion and government assistance to help them try to monopolize lending by eliminating their competition, Mortgage Brokers originate millions of mortgage loans in America by offering consumers better service, lower rates and/or costs, better terms and more options through multiple wholesale lending sources.

This makes Mortgage Brokers the #1 obstacle standing in the way of banks reaching their goal of complete control of the American mortgage market, choosing who can, and who can't get a loan and what rate and terms consumers will be forced to pay. Just as OPEC controls the cost of oil in the Middle East, unless banks are kept in check, they'll one day totally control America's mortgage industry in the same way!

Post: SFH, 2-4 units, or 5+ Multifamily - WHY do you choose one?

Account ClosedPosted
  • Lender
  • Tampa, FL
  • Posts 543
  • Votes 168

The Nasty...Ugly... "800 pound Gorilla in the Room"... for Investors/ borrowers and all borrowers for that matter, is this Dodd Frank Act!

Borrowers have been experiencing the Horrendous and Crippling effects of Over Regulation Nation via the Dodd Frank Act, just ask anyone who has closed or tried to close on a loan over the past years.

Even though some banks are now starting to look at 1-4 units, if purchased in the name of an LLC for Business Use Only (i.e. 12 month of more rental), as Commercial (not subject to Dodd Frank Act), the vast majority of Banks do not and are implementing very strict lending guidelines on 1-4 units.

Therefore, from a "Borrowing" side and if you need flexibility, you may want to stick with 5 units or more.

Investors have loan options at 75% LTVs or higher CLTVs in the upper 4% range with 30yr amortizations on these type of Commercial properties.

Hope this helps.

Post: REALTOR REBATES or BUYER'S AGENT CREDIT

Account ClosedPosted
  • Lender
  • Tampa, FL
  • Posts 543
  • Votes 168

To add to my above post, interview a few to find one or two you like, then work with them to help you accomplish your goals.

Just DO NOT take them for granted, make sure they get compensated for their time and effort and a good way to do this is to refer them Listings and serious Buyers!

Post: Dealing only with the Listing Agent in hopes of getting a better deal?

Account ClosedPosted
  • Lender
  • Tampa, FL
  • Posts 543
  • Votes 168

Dealing only with the Listing Agent in hopes of getting a better deal?

Not a good strategy, because if the listing agent is getting the whole 6%, they'll actually work harder to make you pay the highest price for their Seller in effort to justify such a large commission.

Dealing only with the Listing Agent and asking them to lower the because they would have had to share it with a Buyer's Agent.

This causes the Listing Agent to catch an immediate attitude! Yes, you can possibly fight with them over the 3%, but you take your eye off the much bigger prize and that's getting the home for much less by using a Buyer's Agent! A lower price on the home that using your own Buyer's Agent could Dwarf the smaller amount obtained fighting with the Listing agent.

The Listing Agent/Seller's Agent is just that, the Seller's Agent. They watch out for the Seller's interests in the purchase. For a buyer to believe they can get a better overall price by dealing directly with the Seller's Agent is misconception. Also, what about when issues arise after they have your deposit? It's then the Seller, the Seller's Agent and the Seller's Title Agent ALL against the buyer! That's a pretty strong Trifecta/ team to battle should any issues arise!