April 7, 2008
The recent increase in price volatility has raised the importance of
mortgage price locks to borrowers. Good mortgage brokers will guide
borrowers toward making good lock decisions, bad ones will exploit the
situation to increase their fee, at the borrower's expense.
Price Volatility and Mortgage Locks
One of the unpleasant features of the mortgage crisis has been
heightened volatility in the prices faced by borrowers. For example, the
wholesale rate on 30-year fixed-rate conforming mortgages rose from
5.23% on Feb 6 to 6.16% on the 26th, dropped to 5.65% on March 3, rose
to 6.23% March 6, dropped to 5.38% March 20, and rose to 5.812% April 2.
These numbers are drawn from the wholesale price data shown daily on my
web site.
Increased price volatility means an increasing importance of the
mortgage lock. The lock is a mutual agreement by the lender and the
borrower that their transaction will be at a specified price. Looking
ahead, both are protected, the borrower against a rise in rate, and the
lender against a decline. In a stable market, locks are not needed.
Locking Issues Faced by Borrowers
Increased price volatility invariably means an influx of letters from
borrowers on lock problems. Broadly, my letters from borrowers fall into
two groups. One group locked when the rate was high, and now that it is
lower they ask any or all of the following questions: are they committed
ethically (yes); how can they get out of the commitment (by
relinquishing any fees they have already paid); and can they induce the
lender who locked their rate to reduce it (no)?
The second and much smaller group locked when the rate was low, now it
is higher and the lender has refused to honor its commitment. Or so they
have been told by their broker. In most such cases, the broker is the
true culprit (see below).
Usually, lenders stand by their locks, because their reputation is at
stake. Further, walking away from a lock antagonizes the loan officer or
broker involved in the deal, who will be shut out of their commission if
the loan doesn’t close. Lenders do renege on occasion, usually when many
deals, a lot of money, and perhaps the firm’s solvency are at stake, but
it is man-bites-dog news.
When borrowers renege, in contrast, it is dog-bites-man. A pervasive
attitude of borrowers is that the lender should stand by the lock if
rates increase, but borrowers should be free to look elsewhere if rates
decrease.
To some degree, lenders are responsible for this. Because they fear
losing business, they don’t press borrowers to recognize that they are
committed by a lock, and they don’t much penalize borrowers who walk
away when rates decline. Usually, the borrower will lose no more than
$500, the cost of an appraisal and credit report, which is not much of a
deterrent if the rate drops significantly after the lock.
Role of Mortgage Brokers in Locking -- Dr. Jekyll
Mortgage brokers can play Dr. Jekyll or Mr. Hyde in the locking process.
Dr. Jekyll explains the lock process to the borrower, including the
borrower’s obligation. Dr. Jekyll never tries to forecast interest
rates, always advising the borrower to lock ASAP. And Dr. Jekyll passes
through the lock statement as soon as it is received from the lender.
Dr. Jekyll also uses his experience and judgment to advise the borrower
on how long the lock period should be. The borrower doesn’t want a
longer lock period than is needed because each 15-day extension raises
the price. On the other hand, if the deal doesn’t close within the lock
period, all protection against a rate increase is lost. Dr. Jekyll
explains the cost and risk of a longer versus a shorter lock period, but
leaves the final decision to the borrower. For more characteristics of
Dr. Jekyll-type brokers, see
What Makes a Good Mortgage Broker?
Role of Mortgage Brokers in Locking -- Mr. Hyde
My. Hyde, in contrast, likes to play games that may increase his fee. In
contrast to Dr. Jeykyll, who charges a set fee for his services and
passes through the price from the lender, Mr Hyde’s fee is unstated and
expansible. He has an incentive to select the shortest possible lock
period because the price saving will go to him rather than the borrower.
If the borrower loses the lock because the loan doesn’t get closed in
that period, Mr Hyde will blame the lender, Realtor, or someone else.
The worst game played by My Hyde is telling the borrower the loan is
locked when it isn’t. If rates go down, Mr Hyde can get a better price
than the one promised to the borrower. The benefit may be shared with
the borrower on a refinance, but on a purchase where the borrower is
committed, Mr. Hyde will keep it all.
If rates go up, Mr. Hyde has an array of excuses for losing the lock,
most of which involve blaming the lender. That’s why borrowers should
accept no excuses for not being provided with the lock statement from
the lender.
Another game that Mr Hyde plays is to offer to lock with one lender as
protection against a rate increase, while applying to a second lender,
without locking, in case rates drop. This makes an attractive pitch to
the borrower, but don’t buy it. Brokers who play this game are scamming
their lenders, and they will find a way to scam you as well.
For more tricks by Mr. Hyde-type brokers, see
Tricks by Loan Providers.