Are Mortgage Prices Negotiable?
January 3, 2005
When Are Mortgage Prices Negotiable: the General Rule
The general rule is that interest rates and points are negotiable when
the person the borrower is dealing with has the discretion to change
them. (Points are an upfront charge expressed as a percent of the loan.)
In most cases, borrowers deal with either commissioned loan officers
(LOs) or mortgage brokers. LOs usually have discretion to change the
rate and points, and brokers always do.
Negotiating With Commissioned Loan Officers
Commissioned loan officers (LOs) are employees of lenders, but they have
many of the characteristics of independent contractors. Their main job
is to find borrowers and take their applications. They are compensated
largely or entirely by a commission expressed as a percent of the loan
amount.
LOs usually have limited discretion to depart from the price sheets they
receive every day from elsewhere in their firm. If they can charge the
borrower more than the price on the sheet, it is called an "overage",
and the LO may share it. If the LO is forced to take less than the
posted price to meet the competition, it is an "underage", and may cost
the LO part of his commission.
Some lenders allow underages but not overages. This is not necessarily
consumer-friendly, because the lender that only allows underages might
be pricing above the market. "If the borrower is dumb enough to pay our
price, fine, but if he wants to haggle we’ll come down." Lender policies
toward overages and underages are not public information.
Bottom line: if you are dealing with an LO, you should be in negotiation
mode, because there is a good chance that your interests are not
entirely in sync.
Lenders view LOs as a necessary evil: they need them to generate loan
volume, but they are costly to support. Successful LOs can earn half a
million dollars a year or more in commissions. I was once on the board
of a large lender where the top LO made twice as much as the CEO.
Lenders are always on the lookout for less costly alternatives, and the
internet is the most promising one to come along.
Do You Negotiate on the Internet?
If you contact a lender through the internet, the person who assumes
responsibility for your transaction is most likely to be a salaried
employee rather than an LO. The lender does not have to pay this person
a commission, since she was not responsible for getting you in the door.
She is also unlikely to have any discretion over prices. Hence, you need
not be in negotiation mode, though you should compare prices across
different sites.
Negotiating With Mortgage Brokers
Mortgage brokers are independent contractors who deal with multiple
lenders. They receive price sheets every day, just like LOs, but brokers
get them from every lender with whom they do business. Except in special
circumstances, brokers do not have the discretion to deviate from the
price sheets; the lenders will accept the posted prices, nothing less.
The prices posted by the lenders who deal with brokers, however, are
wholesale prices, as opposed to the retail prices received by LOs. The
wholesale lenders who post these prices rely on brokers to do the work
that is performed for retail lenders by its employees. The broker adds a
markup to these prices, which converts them into retail prices.
Ordinarily the markup is not revealed.
The retail prices quoted by brokers are negotiable because they include
the broker markup. An adjustment in the retail price by the broker is an
adjustment in the markup. If you are dealing with a broker, therefore,
you should be in negotiation mode, because your interests are not
entirely in sync.
An Upfront Mortgage Broker (UMB), however, will negotiate his markup
directly with you and pass through the wholesale price from the lender.
Once the markup is established, the conflict between you and the broker
is largely eliminated. UMBs are listed on my web site.
Negotiating Fixed-Dollar Fees
What was said above regarding the discretion of LOs to change rates and
points applies as well to fixed-dollar fees charged by lenders. However,
these fees are seldom included in price quotes, on the theory that they
are mechanically fixed by the lender to cover costs. Hence, even
borrowers in negotiation mode often ignore them. This can be a costly
mistake, because some lenders view them as a source of extra profit.
Bottom line, borrowers dealing with LOs should always include
fixed-dollar fees in their negotiations. If you deal with a mortgage
broker, this is not a problem because the lenders who use brokers don’t
play games with fixed-dollar fees.