July 20, 1998, Revised January 8, 2007
"Wouldn't taking out a mortgage be less of an ordeal if lenders, instead
of charging borrowers a bunch of different fees, charged a single fee
covering everything? Why don't they?"
You have put your finger on one of the needless complexities and
irritations of our home loan marketplace. To illustrate the point, here
are some of the individual charges I have extracted from various loan
settlement sheets: affiliate consulting fee, amortization fee, appraisal
fee, credit report, underwriting fee, bank inspection fee, processing
fee, lender's inspection fee, settlement fee, signup fee, funding fee,
lender's attorney fee, endorsement fee, express mail fee, document
preparation fee, notary fee, messenger fee, photograph fee, assumption
fee, administrative fee, document review fee, and translation fee.
In other markets consumers wouldn't stand for this. Suppose, for
example, when you went to the movies the ticket clerk said "the access
charge will be $3, the usher's service is $1.50, your share of our rent
is $.75…and we won't be completely certain of these charges until you
come out so you will have to line up again for a final reckoning." You
probably would go home to watch television! Yet in the home loan market
consumers tolerate this nonsense.
The absurd practice of charging for specific itemized services involved
in making a loan rather than for the total service goes back to the days
when state usury laws restricted the interest rate and fees lenders were
allowed to charge. If the maximum allowable interest rate was 6%, for
example, but some loans were more costly to administer than others, law
makers found it reasonable to allow lenders to recover their higher
costs without viewing it as a violation.
Not surprisingly, lenders became imaginative in finding ways to
categorize their expenses such that the law would allow them to collect
fees from the borrower. And since the acceptable categories varied from
state to state, the result was a crazy quilt patch of rules across the
nation that still exists, even though the usury laws no longer limit the
rates that lenders can charge on home loans.
A few lenders today have indeed adopted the practice of charging a
single dollar fee at closing for their own services, rather than a
myriad of separate charges. They include Amerisave, Eloan, and ABN-Amro.
The first two continue to itemize third party fees, only Amro charges
one price covering all fees.
Most lenders continue to itemize charges because they believe that they
can extract more in total from the borrower that way. This reflects both
their dim view of the shopping acumen of the typical borrower, and the
role of the Federal Government which unwittingly supports this view.
While state government regulation provided the original impetus for
itemized pricing, Federal Government regulation perpetuates it. The Real
Estate Settlement Procedures Act of 1974 ("RESPA") sanctions itemized
pricing by providing space on the required Good Faith Estimate of
Settlement ("GFE") for any expense category a lender wishes to use.
Further, the GSE intermixes lender charges with charges of third parties
(for insurance, taxes and the like) and total lender charges are not
shown anywhere. In other words, the GFE provides borrowers with all the
detail for which they have no use, but no total, which is the only
number they really need.
But it gets worse. Because some third party charges are not known with
certainty until late in the process, the entire GFE is viewed as an
"estimate", although lenders obviously know their own charges with
certainty. Viewing lender charges as estimates encourages the practice
of some less scrupulous loan officers and mortgage brokers of
"overlooking" certain charges at the outset, only to discover them later
when it is too late for the borrower to back out.
If RESPA were scrapped, the practice of quoting a single dollar fee
would evolve quickly. In the meantime, you must navigate as best you can
on your own. I explain how in
How to Shop Settlement Costs.