Mortgage broker

A mortgage broker acts as an intermediary who sources mortgages on behalf of individuals or businesses.

Traditionally, banks and other lending institutions have distributed their own products. However as markets for mortgages have become more competitive the role of the mortgage broker has become more popular. Today in most developed mortgage markets (especially the U.S. , UK , Australia , Spain and Canada ) mortgage brokers are the largest distributors of mortgage products for lenders.

Most mortgage brokers are regulated to some degree to ensure a level of consumer protection. The extent of the regulation depends on the jurisdiction.

Contents

* 1 Why use a mortgage broker?

* 2 Tasks of mortgage broker

* 3 Mortgage brokerage in the USA

o 3.1 Difference between a mortgage broker and a loan officer

o 3.2 Industry competitiveness

o 3.3 Secondary market influence

o 3.4 Improved consumer laws

o 3.5 Predatory mortgage lending and mortgage fraud

* 4 Mortgage brokerage in Canada

* 5 Mortgage brokerage in the UK

* 6 See also

* 7 External links

Why use a mortgage broker?

In competitive mortgage markets many lenders use an array of rate offers and other incentives to attract customers. To many consumers due to their infrequent purchases of mortgage products the mortgage market may appear confusing and somewhat daunting. A mortgage broker can guide them through the process of selecting a suitable mortgage and offer mortgage and property related financial advice.

For borrowers with poor credit records or other unusual circumstances finding a lender may be difficult and therefore it may be necessary for them to consult a mortgage broker as they will have the specialised knowledge required.

Tasks of mortgage broker

The nature and scope of a mortgage brokers activities varies with jurisdiction. For example in the UK anyone offering mortgage brokerage is offering a regulated financial activity; the broker is responsible for ensuring the advice is appropriate for the borrowers circumstances and is held financially liable if the advice is later shown to be defective. In other jurisdictions the transaction undertaken by the broker may be limited to pointing the borrower in the direction of an appropriate lender and no advice given.

Therefore the work undertaken by the broker will depend on the depth of their service and liabilities. Typically the following tasks are undertaken:

* Marketing to attract clients

* Assessment of the borrowers circumstances. This may include assessment of credit history, affordability (verified by documentation or otherwise).

* Assessing the market to find a mortgage product that fits the clients needs.

* Applying for a lenders agreement in principle (pre-approval)

* Gathering all needed documents (paystubs/payslips, bank statements, etc.),

* Completing a lender application form.

* Explaining the legal disclosures.

* Submitting all material to the lender.

Mortgage brokerage in the USA

Over 80% of home loans issued in the U.S. today are negotiated by brokers. The banks have used brokers to effectively outsource the job of finding and qualifying borrowers, and also to outsource some of the liabilities for fraud and foreclosure onto the originators through legal agreements.

During the process of loan origination, the broker gathers and processes paperwork associated with mortgaging real estate.

As of 2005, there are approximately 20,000 mortgage brokerage operations across the USA . Today, mortgage brokers originate 60% of American mortgages.

Difference between a mortgage broker and a loan officer

A loan officer acts as the conduit between buyer and lender. Most states require the mortgage broker to be licensed, while others do not. States regulate lending practice and licensing, but the rules vary. Most have a license for those who wish to be a "Broker Associate", a "Brokerage Business", and a "Direct Lender".

A mortgage broker is normally registered with the state, and personally liable (punishable by revocation or prison) for fraud for the life of a loan. A loan officer is typically not liable for their actions, and instead works under the umbrella license of their current institution. Typically, they have less experience in the field.

Also, loan officer usually connotes someone who works for a lender, and has involvement in the internal processes of a lender. A broker exclusively uses the money of others to fund their loans.

Industry competitiveness

A large segment of the mortgage finance industry is commission based. Potential clients can compare a lender's loan terms to those of others through advertisements or internet quotes.

In the 1970s, mortgage brokers did not have access to wholesale markets, unlike traditional bankers. Today, mortgage brokers are more competitive with their access to wholesale capital markets and pricing discounts. A mortgage broker has lower overhead costs compared to large and expensive banking operations because of their small structure. They can lower rates instantly to compete for clients. On the other hand, larger companies are less competitive since they provide their sales representatives their fixed rate sheets. The loan officer oftentimes cannot reduce their companies profit margin and may be higher or lower than the marketplace, depending on the decision of managers. Thus, mortgage brokers have gained between 60-70% of the marketplace.

Mortgage brokers can obtain loan approvals from the largest secondary wholesale market lenders in the country. For example, Fannie Mae may issue a loan approval to a client through its mortgage broker, which can then be assigned to any of a number of mortgage bankers on the approved list. The broker will often compare rates for that day. The broker will then assign the loan to a designated lisenced lender based on their pricing and closing speed. The lender may close the loan and service the loan. They may either fund it permanently or temporarily with a warehouse line of credit prior to selling it into a larger lending pool. The only difference between the "Broker" and "Banker" is often the banker's ability to use a short term credit line (known as a warehouse line) to fund the loan until they can sell the loan to the secondary market. Then, they repay their warehouse lender and obtain a profit on the sale of the loan. The borrower will often get a letter notifying them their lender has sold or transferred the loan.

Sometimes they will sell the loan, but continue to service the loan. Other times, the lender will maintain ownership and sell the rights to service the loan to an outside mortgage service bureau.

Secondary market influence

Even large companies with a lending licence, sell, or broker the mortgage loan transactions they originate and close. A smaller percentage of bankers service and keep their loans than those in past decades. Banks act as a lender due to the increasing size of the loans because few can use depositor's money on mortgage loans. A depositor may request their money back and the lender would need large reserves to refund that money on request. Mortgage bankers do not take deposits and do not find it practical to make loans without a wholesaler in place to purchase them. The required cash of a mortgage banker is only $50,000 in New York . The remainder may be in the form of property assets (an additional $200,000), and an additional credit line from another source (an additional $1,000,000). That amount is sufficient to make only two median price home loans. Therefore, mortgage lending is dependent on the secondary market, which includes securitization on Wall Street and other large funds.

The top wholesale institutions are Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation, commonly referred to as Fannie Mae and Freddie Mac, respectively. Loans must comply with their jointly derived standard application form guidelines so they may become eligible for sale to larger loan servicers or investors. These larger investors could then sell them to Fannie Mae or Freddie Mac to replenish warehouse funds. The goal is to package loan portfolios in conformance with the secondary market to maintain the ability to sell loans for capital. If interest rates drop and the portfolio has a higher average interest rate, the banker can sell the loans at a larger profit based on the difference in the current market rate. Some large lenders will hold their loans until such a gain is possible.

The selling of mortgage loans in the wholesale or secondary market is more common. They provide permanent capital to the borrowers. A "direct lender" may lend directly to a borrower, but can have the loan pre-sold prior to the closing.

Few lenders are comprehensive. That is, few close, keep, and service the mortgage loan. The term is known as portfolio lending, indicating that a loan has been made from funds on deposit or a trust. That type of direct lending is uncommon, and has been declining in usage.

Improved consumer laws

The laws have improved considerable in favor of consumers. A mortgage broker must comply to standards set by law in order to charge a fee to a borrower. The fees must meet an additional threshold, that the combined rate and costs may not exceed a lower percentage, without being deemed a "High Cost Mortgage". An excess would trigger additional disclosures and warnings of risk to a borrower. Further, the mortgage broker would have to be more compliant with regulators. Costs are likely lower due to this regulation.

Mortgage bankers and banks are not subject to this cost reduction act. Because the selling of loans generates most lender fees, servicing the total in most cases exceeds the high cost act. Whereas mortgage brokers now must reduce their fees, a licenced lender is unaffected by the second portion of fee generation. This is due to the delay of selling the servicing until after closing. Therefore, it is considered a secondary market transaction and not subject to the same regulation.

Consumers can avoid the high interest rates by utilizing a broker who cannot benefit beyond a set amount.

Predatory mortgage lending and mortgage fraud

There is concern in the US that consumers are often victims of predatory mortgage lending CNN. The main concern is that mortgage brokers and lenders whilst operating legally, are dishonestly finding loopholes in the law to obtain additional profit.

Some examples of predatory mortgage lending are:

* Encouraging applicants to include false information.

* Asking borrowers to leave signature lines blank.

* Failing to include Good Faith Estimates, Special Information Booklet, Truth in Lending and Hud-1 Settlement statement.

* Convincing borrowers to refinance a loan several times and each time increasing monthly payments or amounts owed.

* Loaning amounts higher than the value of the home.

* Not explaining unexpected costs at the settlement.

* Balloon loans: one in which after a series of low pay-ments the entire loan balance is due in a large lump sum.

Another unethical practice involves inserting hidden clauses in contracts in which a borrower will unknowingly promise to pay the broker or lender to find him or her a mortgage whether or not the mortgage is closed. Though regarded as unethical by the National Association of Mortgage Brokers, this practice is perfectly legal. Often a dishonest lender will convince the consumer that he or she is signing an application and nothing else. Often the consumer will not hear again from the lender until after the time expires and then they are forced to pay all costs. Potential borrowers may even be sued without having legal defense.

 

 

 

****DISCLAIMER****
Bob Marcy is not the author of the information provided in this article and is providing it to his website visitors for informational purposes only. Bob is a licensed Realtor and not a legal or financial expert. The information contained in this article should not be used to replace the advice of a trained legal or financial expert.

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