Is This Mortgage Price Guarantee on the Level?
May 6, 2002
"Indy Mac guarantees that if they can’t beat the price quoted by a
competing lender by at least $300, they will pay you $300…Is this on the
level?"
After looking at their guarantee, I have no doubt that it is on the
level.
To qualify for their guarantee, you must fax them the Good Faith
Estimate (GFE) and the Truth in Lending Disclosure Statement (TIL) that
you received from the other lender within 24 hours. Those statements
together show the three components of price: interest rate; points, an
upfront charge expressed as a percent of the loan; and other lender fees
expressed in dollars. Then Indy Mac will tell you whether or not they
can beat the price by $300. If they can’t beat the price, you collect
the $300 later when you show that the competing lender closed your loan
at the terms quoted earlier in the GFE and the TIL.
To understand the guarantee, keep in mind that price quotes shown on the
GFE and TIL are just quotes – they are not final until locked, which
usually requires submission of an application. Also bear in mind that
lenders reset prices every day and sometimes during the day.
Let’s assume you have a quote by a lender on Monday, you deliver it to
Indy Mac on Tuesday, and on Friday the terms are locked with one of
them. We have to consider what happens in the market between Monday and
Tuesday, and then between Tuesday and Friday.
Lets suppose that the market has not changed between Monday and Tuesday.
In that event, Indy Mac will in all probability find it profitable to
better your deal by $300. The reason is that the other lender is saving
Indy Mac money by (unwittingly) doing work on its behalf, including the
costly task of finding you as a customer. Usually that is worth a lot
more than $300.
If prices fall between Monday and Tuesday, Indy Mac does even better.
They can beat the competitor’s price by $300 plus the price drop, or
they can stay with the $300 and keep the price change for themselves.
If prices increase between Monday and Tuesday, or if the competing
lender was low-balling you with a quote below the market, Indy Mac will
be unable to beat the quote. What happens then depends on how the market
changes between Tuesday and Friday. If prices are stable or if they
increase, you will not be able to lock with the other lender at the
terms originally quoted. In that case, Indy Mac will not be on the hook
for the $300 guarantee.
As far as I can see, the only situation under which Indy Mac has to pay
on its $300 guarantee is one where the market price drops after it has
refused to meet a competitor’s quote. I would guess that Indy Mac closes
10 loans that come in through the guarantee channel for every rejected
one that costs it $300.
Nevertheless, among all the guarantees floating around the market today,
Indy Mac’s is one of the better ones because you can collect after
closing with another lender. I recently looked at another "guarantee"
where you must provide the GFE and TIL from another lender on the day
you lock with the lender offering the guarantee. If the other lender’s
quote is lower, you collect $250, but only if you close with the lender
offering the guarantee!
A guarantee on which you collect only if you accept the higher price of
the guarantor is worth very little. Lenders offering such guarantees are
betting that shoppers will react positively to the word "guarantee", and
won’t bother reading what it means.