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Last Tuesday I published an Op-Ed in the Boston Globe about mortgage companies that pay brokers to sell higher priced mortgages to customers. (E.g., a customer qualifies for a 6% mortgage, but the mortgage company pays the broker a higher fee to sell him a 7% mortgage.) I called the payments "bribes" paid by the mortgage companies to the brokers to boost mutual profits at the expense of the homeowner. I was in good company. The Vice-President of the Fannie Mae Foundation called them "kickbacks." After the op-ed was published, I was flooded with hate mail. It was so bad that when there was no let up by the end of the third day, I thought I might have to change my email address.

Some of it was funny ("your stupid"), weird ("I thank God my son went to BU instead of Harvard"), or silly ("you must be a Communist"). But most of the correspondence fell into three main buckets:

  • This never happens; you are making this up
  • This happens sometimes, but it is a few-bad-apples problem
  • We all do this; it's how we make money

There were some very thoughtful comments. Several brokers correctly pointed out that the banks have ways of doing the same thing, but it is even less visible. Others said the disclosure has become a bad joke that doesn't help anyone. The most interesting letters were from the ex-brokers who said they couldn't stand making money by jacking up mortgage rates for families already stretching impossibly hard to buy homes, so they quit.

A letter to the editor this morning was restrained by the standards I've seen on my email. The president of a mortgage company made two points: Only a small number of brokers do this (Bucket Two above), and it is all disclosed up front. (I checked with another broker today who said that the full YSP is not disclosed until, at most, 24 hours before closing, and then only if the buyer knows to ask, and nothing in the disclosure links the payment to the broker with the fact that the rate is higher than the one the buyer would qualify for).

The letter also argues for Buyer Beware Big-Time. It seems that it is the customer's responsibility to police the broker to make sure the broker isn't cheating.

I don't have any data, but I'm willing to believe that the practices I described are not the norm and that most brokers are ethical agents. But shouldn't the ethical brokers want regulations that shut down the unethical brokers? Why be forced to compete with someone who cheats? And why not work to build a good reputation for mortgage brokers everywhere?


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Maybe you should have asked those university educated members of the Buyer-Beware-Crowd to explain a "rate sheet" -- if, that is, they can even identify one when they see it.

Tanta provides one, here. And discusses it, here.

Commernist.

thosethingswesay.blogspot.com

...why do US politicians not give a damn about 'doing something' for Joe Public? It's like teaching pigs to sing... it doesn't work and it just makes the pigs hopping mad!

At the time I lost my business in 2001, I started interviewing for a job. While looking for an executive position, I found that collegues were selling mortgages in the interim and making $200,000 to $500,000 a year as a broker.

I interviewed with three different brokerage and found one thing common to all of them. They gave bonuses for upselling prospects on rates. It was referred to as margin. It could be rolled into the mortgage with points, or just added to the rate. But points were the most common way to do it.

I stood strong on ethics in my interviews, and even when I slam dunked all the screening tests and had made a first impression that pretty much meant I was hired, I lost the job because I was concerned about ethics.  They were looking for less intelligent candidates that didn't have a sense of ethics.  They just wanted to make the most off of each loan as possible.

I don't believe it is a problem of a few bad apples.  Mortgage brokers are in it for the money, end of story.  There may be mortgage banks that are lending their own money that think differently, but not brokers.  Although there is an increase in selling mortgages to the secondary market, and those lenders are not as concerned about the long term performance of the customer - they just meet secondary market specifications. 

People are being intentionally fleeced, and I hope more people are realizing it.  Mortgage brokers are rewarded for it.

Jim Anderson

The Truth About Credit

Facebook Profile

Ministry Website

It isn't just mortgage brokers who profit by people paying higher than normal interest rates. Look at the way health insurance is sold, for example. You can make a very lucrative living selling that insurance, and probably other insurance too. A large chunk of the premium people pay for their insurance is a sales commission to the independent brokers who sell the insurance. Medicare Part D, as well as Medicare supplemental policies are designed to generate big incomes for both the brokers and the insurance companies.

Businesses exist to make money, and mortgage and insurance brokers are businessmen. I don't know how this can be changed, unless insurance/mortgage companies pay their sales agents a salary and not commissions. Did you ever notice how much of what you pay for an automobile goes to the salesman? How about buying a house?

Hoppy in Sacramento

Evidently the broker is not now considered a fiduciary of the mortgagor--a point which I am willing to bet is about to be litigated (replete with a prayer for punitive damages) even as we speak.

I myself would love a shot at such a cause of action (you could probably certify a class...)

If Real Estate Brokerage is in any way apposite, it is worth noting that (at least in California)although the Broker gets her fee from the seller, she is nonetheless fiduciary to the buyer as well as to the seller, with resulting obligations of disclosure, etc.

There was a recent study (sorry I can't find the link) that found that collateralizing mortgages has added about 0.9% to the overall loan rate. This makes perfect sense, as mortgages pass through more hands and each intermediary needs to make a profit, the initial cost has to rise. The alternative would be that the ultimate buyer of the CDO's would be willing to take a smaller profit, but this makes little sense, since there are other ways to invest that offer a higher yield.

Why the most fundamental truths get buried is a source of continuing amazement to me. Every middleman raises the cost to the consumer, whether it is an insurance company, or a drug benefits intermediary, or a mortgage broker. People know this or the appeals from sellers to "buy direct" wouldn't have any appeal. Nevertheless we have had 40 years of economic blather about how privatizing functions will lower the cost. When a private and non-profit provide the same service the non-profit has a built in advantage. It can raise capital more cheaply (think of municipal bonds) and it doesn't have to make a profit. To be competitive the for-profit has to either cut back on service or pay its staff less. Claims that for-profits are more "efficient" are just a euphemism for one of these actions.

Fannie Mae and Freddie Mac were established specifically to cover this gap. When they were privatized their role changed as did the overall mortgage picture. Apparently you can still sell the Brooklyn Bridge to the gullible public.

--- Policies not Politics
Daily Landscape

Why be forced to compete with someone who cheats? And why not work to build a good reputation for mortgage brokers everywhere?

Elizabeth! You are not that naive. Commission business pits the broker against the best interest of the consumer. Used car salesmen and mortgage brokers do not make good money by being rigidly ethical. Come on.

In the day of S & L's having a monopoly on mortgages it was so so much in the bank and the banker's best interest to provide appropriate loans to appropriate customers; not sell off the loans after ripping a profit slice from them.

"Why the most fundamental truths get buried is a source of continuing amazement to me. Every middleman raises the cost to the consumer..."

it's called "job creation." if society clamped down on this and "became efficient," jobs would go away.

in my opinion, america has taken the system of bribes and laundered it with the system of jobs. the word "paycheck" is so personal that few people question how the pay was earned or if it was actually earned, etc... and the MSM can hide behind the word "paycheck" since the MSM doesn't make connections between the shadowy word "bribe" and the warm fuzzy word "paycheck."

To boldly go...

"Used car salesmen and mortgage brokers do not make good money by being rigidly ethical."

ethics are apostori determinations of correct behaviors-- morals are supposedly apriori determined behaviors.

anyway, since a business has to make money in order to survive, price gauging often becomes moral since surviving is a moral issue.

where the ethical line is crossed, in my opinion, is that businesses don't return part of their profits to their customers. for example, in the past, I've argued that Microsoft should act like a coop and return part of their profits to their customers after the bean counters determine that a profit was actually made.

the ethical problem is that the moral issue of survival turns into the ethical problem of "there isn't enough for the needy because of the greedy." (gandhi paraphrased)

To boldly go...

Can I say that this reminds me why I've been disappointed to tears with  Professor Warren for a long time? Ok, she's got her story: people get into trouble, so let's be sure they don't by limiting certain loan offers or insisting on full disclosure. It seems to me a small part of the issue of bankruptcy in America, much less poverty or inequality. But fine. It's nonpartisan, nonthreatening, and I can listen to it once or twice. Maybe it's so nonpartisan that her students all sound like cheerleaders for the status quo, but what can you do. 

The limitations then come to me now that we have, well, a bit of a crisis. People are losing homes, and we have to consider what to do either on their behalf or out of fears of ripple effects on consumer spending, liquidity generally, a larger recession, and so job loss. What then do we do? Is a policy focused on stimulating the economy with the Fed missing the point? Is one on restricting certain mortgages locking the barn after the horse is loose? Should we be saving homes and bailing out people, and how do we do that without the chief benefit accruing to the lenders who are the problem to begin with? 

Seems like Warren's whole program became part of the headlines, and she still can't talk about the bit story because she's off in her little corner locking that proverbial barn door. There's too much to discuss, and I don't know the answers, for us not to discuss this. Instead we get the comfy sounds of the Warren Reports.

John 

http://www.haberarts.com/

The make-work model is a viable choice, if people admit that this is the model they are using. I call it the Japanese rice farmer model. The Japanese put restrictions on rice imports so that the inefficient, small, rice farmers will still earn a living. Everyone pays a little more for rice, but the society has decided that this is worthwhile from an overall social benefit point of view.

In the US we do the same thing, but a) we lie about it and b) we don't do it rationally. If we said that we are going to deliberately have a health care system which overcharges by 30% (overhead and profit) so that the one million middlemen have a job then, fine. Everyone would pay more, but they would, in turn, charge more for their services to compensate.

The problem is that the inefficiencies don't provide the jobs to the extent that the overcharges would imply and that the areas where they are allowed to exist are a function of political power and not national planning. When the management team of United Health Care gets a package worth $1.8 billion, the inefficiencies are not been spread optimally.

The system also breaks down when the sheltered industries are open to foreign competition. The US doesn't believe in protectionism, or says it doesn't, which means that sugar growers get protection, but not washing machine factories. So the sugar growers get richer and Maytag move to Mexico.

The libertarians and free-traders like to claim that protectionism lowers the overall growth rate of the economy, but they don't do anything to stop it for favored industries.

--- Policies not Politics
Daily Landscape

I agree; cronyism and spoilage will forever be a cost placed on top of "make work."

I tend to think that society puts up with the likes of United Health Care because it's easier to hand over your money than go to battle. i.e. wealth is redistributed in our system to those who would otherwise use force or clandestined means to obtain it. and spoilage rewards private militias (those who supported your spoilage).

To boldly go...

"And why not work to build a good reputation for mortgage brokers everywhere?"

ummm, because people make their money any way they can. as a professor, you collect $$$$ now and $$ in retirement and thoes bills are paid for through endownments (which have margins-- rates of return) or through tuition and/or governmental subsidies. brokers would probably look at what you have and think: "what's fair is fair."

i.e. if you're not being charitable, why should they?

To boldly go...

standing ovation for one great "toastmaster speech." the fall of the dollar has taken more out of my pocket than a 1% mortgage rate bump would.

To boldly go...

my father told me: "1: look at how much it costs; 2: decide if it's worth the price; and 3: either walk away or buy it and, if you buy it, don't look back, be happy."

the problem is that people don't figure the costs and that's why problems happen.

To boldly go...

[deleted]

Blaming the victim is the first resort of the dishonest and the disinterested. And it's effective when the victim fails to follow good advice.

The good advice, in this case, is to shop around and be suspicious of people who work for commission. Not because they're necessarily dishonest, but because their rational and legitimate self interest is different from yours. You wouldn't go to the GM dealer for objective advice about Fords.

But failing to follow good advice that might have prevented misbehavior does not excuse the misbehavior itself. Ever. Mortgage brokers advertise themselves as people who find you the best rate. For them to do anything less is inexcusable fraud, no matter how much the consumer should've shopped around.

"For them to do anything less is inexcusable fraud"

what if the broker can't survive if they sell the lower margin product? or, what if the broker believes that business is cyclic and, for business continuity-- and the ability to pay bills, doesn't choose the lower margin product?

quite often, you get what you pay for. if someone is making a $200,000 dollar decision, a second opinion might save them due to some cents.

To boldly go...

Right. Selling money is a business, like any other. You sell the fancy car first, you schmooze the well-dressed customer, and you add bells & whistles for two reasons: Business seeks profit, and sales people get paid on what they sell. What fool would promote a lending product scoring him $8000 over $12000?

That's just proof the free markets work though, see? If you only didn't need the money to begin with, you wouldn't have this problem.

The question that comes to my mind Prof. is what exactly can/should a person going for a mortgage ask about such kickbacks if you will and can that same consumer do anything about it? If so, what?

I'm really quite interested in knowing how one would defend one's self against this.

I tend to think that society puts up with the likes of United Health Care because it's easier to hand over your money than go to battle.

It is always a temptation to a rich and lazy nation,
To puff and look important and to say:—
“Though we know we should defeat you, we have not the time to meet you.
We will therefore pay you cash to go away.”

And that is called paying the Dane-geld;
But we’ve proved it again and again,
That if once you have paid him the Dane-geld
You never get rid of the Dane.

--Kipling

=== Right. Selling money is a business, like any other. You sell the fancy car first, you schmooze the well-dressed customer, and you add bells & whistles for two reasons: Business seeks profit, and sales people get paid on what they sell. What fool would promote a lending product scoring him $8000 over $12000? ===
The last time I re-fi'd was with a smalltown bank I found via a search on an Internet "low rate" site. After I read through all the documents I called them up and the conversation went like this:
.
Me: Where are the hidden fees? I couldn't find them in the documentation.
Bank: There aren't any.
Me: When do you raise the rate and/or demand more points? After I submit the paperwork or the day before closing?
Bank: Neither; assuming the data you gave us can be verified we stand by the terms we quoted.
Me: OK, then where/at what point are you going to demand more from me?
Bank: We won't. What we quote is what we do.
Me: How can you do this? All the other guys hide fees etc to jack up their profit.
Bank: We are making a decent living out here; _our_ question is how do the other guys get away with such behavior.
.
And in fact the closing went exactly according to their first, quite reasonable, quote. I have since recommended that bank to at least a dozen friends and family members.
.
There used to be a concept in our society called "sharp dealing": the point beyond which a decent businessman, no matter how ambitious, would not go. We abandoned that concept in the 1980s. Guess what has happened to us?
.
sPh
.

Joe Monster, 

You've just given me a great example of the problem we have, not just in mortgage lending, but in our societies attitudes toward making money.  A great summary of this attitude comes from the movie "Wall Street" where the main character says that "greed is good."

In the 1980s, we had an insider trading scandal on Wall Street.  The issue was that many felt that insider trading didn't hurt anyone.  It seemed like a plausible enough argument.  However, since it was illegal, it raised a lot of questions.  After Ivan Boesky was convicted, business schools started offering business ethics courses.  Basically what we learned in these courses was that we have become so seperated from the ultimate consequences of our actions, we don't realize the damage we do with what we think are innocent actions. 

You are taking the position that it is okay to make whatever profit you can get away with.  That is what you think is a free market.  What you don't realize is the long term consequences of that attitude, if you act on it.  It is ultimately destructive to those who overpay, and reduces the freedom of those in the market.  One problem, however, is the question of what is a fair profit, and when is it too much?  I think that is the wrong question many ask. 

It isn't about the money, it is about a larger purpose behind what you are doing.  We are either making business all about the money, or all about making a contribution to society.  Unfortunately, because our schools are not teaching ethics, we fall into the thinking that the more money we make, the better off we are.  That couldn't be further from the truth.

You are sadly mistaken if you think that overcharging a customer is good business.  You do so with an unfair advantage in knowledge of the facts.  If you deprive them of the facts, and let them decide if you are worth paying more, then you are essentially stealing from them.  This is the principle behind the insider trading law.  Trading stocks on information that isn't known publicly is taking an unfair advantage of other traders.  Not that business must be fair, but you must be ethical.  Failure to follow a system of ethics that benefits society as a whole, builds the foundation for that society's ultimate destruction.

That is why you would choose making $8000 on a loan, versus $12,000 on a loan.  And in the long run, you'll make that back many times over because of how you have benefited society (thinking on a macro level).  As an individual, it might not make as much difference, but deciding not to respect ethical principles and do what everyone else is doing will eventually reduce our society to every man for himself.  The formula for death and destruction.  Doing the right thing will make you more allies, and give you an advantage when things come crashing down. (I can personally testify to this.)

You have to think it through to the ultimate consequence of your action.  There are courses on Systems Dynamics at MIT that study this from a more scientific point of view.  A great book on this, that makes it easier to understand is "The Fifth Discipline" by Peter Senge.  The brightest business executives understand these principles, and are ultimately much more successful.

Jim Anderson

The Truth About Credit

Facebook Profile

Ministry Website

mcs,
The highest priority of a business isn't to make a profit, but to survive. This is a core principle I learned in my business school ethics course back in the 80s. If you make that distinction, it makes a big difference in what you do. Businesses who make gobs of money don't necessarily survive. The market can change, and turn against them and take it all back, and put them out of business.

Jim Anderson

The Truth About Credit

Facebook Profile

Ministry Website

I totally agree that "the highest priority of a business isn't to make a profit, but to survive" and that's why I'm a financial conservative since I don't always expect rain so, when it rains, I collect the water.

under my philosophy, droughts (out of business) are ok as long as I saved water during the rainy season.

of course, if you're "too greedy," your rainy season might be shorter than you expect....

To boldly go...

All-weather tent, 400 dollars.
All-weather sleeping bag, 250 dollars.
Cookstove, 150 dollars.
Camping fees for a month, 250 dollars.

Not spending the rest of your life working to
pay off a building that you'll never really
own? Priceless.

Some things, money can't buy...

MCS, I think your dad was only part right.
Hemingway said, "happiness is getting your money's worth and knowing when you got it."

If you don't look back, you won't know whether or not you got cheated. You won't know if you got your money's worth.

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