Mortgage
Refinancing Vs Contract Modification
February 5, 2001, Revised June 29, 2007,
Reviewed September 7, 2010
"I recently read an article that said that savvy borrowers could avoid
the costs of refinancing by getting their lender to agree to a
rate modification on the existing loan. If the old loan stays on
the books, the settlement costs of a new loan are avoided. He said he
got his loan modified for $35...Why is this not a widespread practice?"
The short answer is that most loans are serviced by firms that don't own
the loan, and owners do not give mortgage servicing agents the discretion to
modify the rate.
When market interest rates drop, a lender would rather drop the rate on
a fixed-rate mortgage in good standing than lose it to another lender
through a refinancing. On the other hand, if the borrower isn’t going
anywhere, the lender doesn’t want to drop the rate. The lender’s
objective is to drop the rate only if necessary to prevent loss of the
loan.
If the lender is servicing its own loans, it may allow rate
modifications for borrowers who request it. The writer who had his loan
rate modified for $35 was one of them. But this doesn’t happen very
often. The writer belonged to a dwindling group of borrowers whose loans
are owned by lenders who do their own servicing.
Most loans today are serviced by lenders who don't own them. They sold
the loans soon after closing and are now servicing agents of the owners.
Except under special arrangements of the type described below, the
owners do not grant their servicing agents the right to modify the
interest rate.
This reflects a conflict between the interest of the owners and the
interest of the servicing agents. Owners fear that if agents had the
discretion, they would agree to rate reductions too readily because they
lose nothing from a rate reduction.
Servicing agents make their money from a servicing fee, usually 1/4% of
the loan balance. The fee is deducted from the borrower's payment before
the agent remits the remainder to the owner. A rate reduction that
retains the customer protects the agent’s servicing fee but hurts the
owner.
There are ways to reduce this conflict in order to make rate
modifications possible. One approach is to charge the borrower a fee for
the right to have the rate reduced in the future, with the fee split
between the servicing agent and the owner. Countrywide Home Loans and
Wells Fargo Home Mortgage have programs of this sort developed in
collaboration with the Federal agencies Fannie Mae and Freddie Mac, who
buy the mortgages from them. These programs have not had much market
impact to date.
While lenders will seldom allow servicing agents to reduce rates, they
don't want their loans being refinanced with other lenders either.
Hence, they allow and even encourage their agents to adopt "loan
retention programs". Under these programs, the agents attempt to
identify borrowers who are likely to refinance, and try to head them off
at the pass with their own refinancing proposal.
Because loan retention programs create a new mortgage, they generate
settlement costs. Some lenders, and the major Federal agencies Fannie
Mae and Freddie Mac, have offered "streamlined refinance" options. These
programs reduce the required documentation and costs when lenders
refinance loans that they have been servicing, for which they have the
borrower’s payment history right at hand.
A few lenders have combined streamlined refinance with "no-cost"
mortgages to offer programs where borrowers can refinance at little or
no cost whenever interest rates decline. A widely publicized program of
City Line Mortgage allows borrowers to refinance by paying only for
title insurance. All other settlement costs are borne by City Line.
City Line prompts borrowers when the market has fallen .5% or more below
the rate on their mortgages. The borrower must request the refinance and
must have a good payment record, but City Line does the work using
"streamlined refinance" rules set forth by their investors.
The appeal of this program to borrowers is that refinancing is quick and
easy, the refinancing cost is very low, and the lender prompts them when
the opportunity is there. The downside is that borrowers pay an
above-market rate when they take out their loan.
On January 11, 2001 I found that City Line’s quoted price for new
customers on a 30-year fixed-rate mortgage was about .625% above the
rate available from three mortgage shopping sites. That’s a stiff price
to pay for a low-cost refinance option.