August 24, 1998, Revised November 14, 2006
"I don’t close on my house for 120 days and it would cost 1.25 points to
lock the rate and points for that long… I decided to take the risk and
let the rate and points float with the market. As I see it, the points
on my loan have to rise by more than 1.25 before I lose and if the
market doesn’t change at all, I will save 1.25 points. I’m willing to
take the risk of a large increase in points, which I view as unlikely.
Please comment on my logic."
It is sound, as far as it goes, but it doesn’t go far enough. What your
logic overlooks is that the price that will be quoted to you prior to
closing -- call it the 5-day price because you will be obliged to lock 5
days before closing so all the paperwork can get done -- is a negotiated
price, and with your home purchase on the line you will have very little
negotiating clout. Hence, you may end up paying more than the 5-day
price prevailing at the time your loan closes, without having enjoyed
any protection against rising market rates.
If the market doesn’t change, the cost of your loan should be lower by
the price difference between a 90-day and a 5-day lock. However, while
the market may not change, your situation will -- for the worst. Your
bargaining power is gone. With your closing due in 5 days, you have no
choice but to leave the dance with the loan provider who took you.
When you wait to lock until a few days before closing, the loan provider
will tell you that you will get the "market price" at that time. What he
will not tell you is how the market price will be determined. The
problem is that, with exceptions noted below, when the time comes to
lock, the "market price" is whatever the lender or broker says it is.
Borrowers who are refinancing can always bail out if they have reason to
believe they are not getting a fair shake when they lock. Home
purchasers with a scheduled closing, however, inevitably reach a point
of no return where it is too late to begin the process anew.
To protect themselves, I recommend that borrowers not float past the
point where they can bail out and shop elsewhere unless they can pin
down loan providers on an objective procedure for determining the market
price when they finally lock.
The appropriate rule is that the market price will be the price that the
loan provider quotes to potential new customers on the same deal on the
same day. I call this the "twin sibling rule". To make this work,
however, the loan providers must agree to it in writing, and must be
willing to disclose the relevant numbers on their price sheets. The only
loan providers that will commit to do this are
Upfront Mortgage Brokers.
An alternative approach is to deal with an on-line lender who discloses
mortgage prices on the screen so borrowers can monitor them every day
including the day they lock. This only works for borrowers who can price
their transaction on the lender’s site, which excludes those with poor
credit and those who have serious problems in documenting their income.
See
Shopping For a Mortgage On-Line.