Q:
What is a mortgage broker?
A:
It's a win-win situation.
A Mortgage
Broker is an independent real estate financing professional whou
specializes in the origination of residential and/or commercial
mortgages. A mortgage broker is also an independent contractor
working, on average, with 40 wholesale lenders at one time. By
combining professional expertise with direct access to hundreds
of loan products, a broker provides consumers the most efficient
and cost-effective method of offering suitable financing options
tailored to the consumer's specific financial goals.
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Q:
Why choose a mortgage broker?
A:
Over two out of three Americans do.
Today the
use of a Mortgage Broker is one of the key strategies used by educated
consumers. According to the National Association of Mortgage Brokers,
two out of three Americans choose mortgage brokers for their home
financing. Brokers provide customers with choice, convenience and
expertise.
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Q:
Have more Americans been able to buy homes
because of mortgage brokers?
A:
Yes!
Mortgage
brokers have pioneered the "subprime" credit market, using innovative
loan packages to allow low- to moderate-income borrowers, with less
than perfect credit histories, to start enjoying the benefits of
home-ownership.
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Q:
Are mortgage brokers lenders or bankers?
A:
Neither.
A broker
is a real estate financing professional acting as an independent
contractor. The range of products and services offered through brokers,
and by brokers, is evolving rapidly. There are circumstances when
brokers may act as bankers, funding their loans however, the majority
perform origination services up to the point of funding.
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Q:
Does the mortgage broker really care about the
quality of the loan itself?
A:
Yes, absolutely.
The safety
and soundness of the mortgage lending community is directly linked
to the success and integrity of its home loan originations. Furthermore,
mortgage brokers represent the single largest residential origination
source today, emphasizing that they play a significant role in the
mortgage loan process. These numbers highlight the fact that consumers
who exercise their choice, choose mortgage brokers; most likely
because brokers are dedicated to their customers: consumers, wholesale
lenders, and ultimately, American tax-payers.
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Q:
Should brokers be regulated?
A:
Brokers are regulated by several federal laws and regulations and
dozens of state laws and licensing boards.
NAMB supports
reasonable and fair state/federal regulation of mortgage brokers
and lenders.
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Q:
What role does the broker play versus the wholesale
lender?
A:
The wholesale lender underwrites and funds the home loan, may service
the loan payments, and ensure the loans' compliance with underwriting
guidelines.
The broker,
on the other hand, originates the loan. A detailed application process,
financial and credit worthiness investigation, and extensive disclosure
requirements must be completed in order for a wholesale lender to
evaluate a consumer's home loan request. The broker simplifies this
process for the borrower and wholesale lender, by conducting this
research, counseling consumers on their loan package choices, and
enabling them to select the right loan for their home buying needs.
The mortgage loan process can be arduous, costly, and seemingly
impossible to the consumer. The broker works as the liaison between
the borrower and the lender to create a cost effective and efficient
loan process. Many low income borrowers with less than perfect credit
histories would not have been able to purchase their dream home
without the assistance and dedication of a mortgage broker.
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Q:
Do brokers work for the wholesale lender
or the consumer?
A:
Neither.
As an independent
contractor, the broker allows wholesaler lenders to cut origination
costs by providing such services as preparing the borrower's loan
package, loan application, funding process, and counseling the borrower.
Brokers help keep loan rates low due to their minimal overhead and
setup costs. Furthermore, the broker will seek the loan which best
suits the borrower's financial circumstances, needs, and goals.
From the consumer perspective, with rare exception, the broker does
not get paid unless and until the loan closes. Thus, the broker
has the ultimate incentive to provide the best possible customer
service to the consumer.
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Q:
Isn't the broker supposed to get the best deal
for the consumer?
A:
Since mortgage brokers offer the products of many wholesale lenders
they often have the best selection.
This question
presumes that anyone can know what is "the best deal". While many
would consider "the best deal" to mean "the lowest rate," a loan
program with a very low interest rate may not be the best choice
for a consumer with limited cash, if that rate comes with high points
and fees. A 15-year loan may save a borrower tens of thousands of
dollars in interest payments over a 30-year loan, but the higher
monthly payments may not be acceptable to the consumer. So, "the
best deal" for any consumer depends on his financial circumstances,
needs, and goals. Today over half the nation's mortgages are originated
by mortgage brokers. This clearly indicates that consumers are choosing
the superior options, service, and expertise offered by mortgage
brokers. Brokers have forced retail lenders to compete with other
loan sources driving down costs nationwide.
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Q:
Don't brokers "steer" consumers to the wholesale
lender who pays the highest fees to the broker?
A:
While isolated instances of adverse steering can occur, the mortgage
brokerage industry has predominantly armed consumers with a free-market
economy weapon: open and vigorous competition.
Any consumer
exercising his or her basic right to shop and compare, will ultimately
find the loan options that are in his best interests. The combination
of government-mandated disclosures and vigorous competition has
presented today's consumer with unprecedented levels of choice.
While price is an important consideration in advocating a specific
wholesale lender, brokers also make their professional recommendations
based on a number of other factors which include the lender's:
1. reputation
for service
2. underwriting criteria
3. ability to fund a loan on time
4. compliance with consumer's requirements |
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Q:
Why do brokers collect fees from both the consumer
and the lender? Isn't this a conflict of interest or a duplication
of charges prohibited by RESPA?
A:
RESPA allows fees to be charged between settlement service providers,
as long as those fees are reasonable for services, goods, or facilities
actually provided.
Mortgage
brokers provide the same services to consumers as do retail loan
offices that typically charge the consumer an origination fee.
These services include: taking the application, obtaining the
credit report and appraisal, counseling the consumer on the loan
process, and collecting the necessary documents. Brokers also
provide separate and distinct services and facilities to wholesale
lenders. These include marketing the lender's products and assembling
and delivering the completed loan package. In addition, lenders
may pay brokers a premium, ("yield spread premium" or "service
release premium"), which may include compensation for the services
and facilities, but also represents payment for the intrinsic
market value of the closed loan. All of these are legally compensable.
It is important to remember that, regardless of which party compensates
the broker (lender or consumer), in almost all cases the broker
receives nothing until the loan closes.
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