New 'Good Faith' Takes Hold

By BOB TEDESCHI, New York Times
Published February 9, 2010

FEW mortgage borrowers have had the fortitude for a thorough reading of all their loan paperwork, often feeling intimidated or overwhelmed by the legalese and numerical complexities in the disclosures. But some mortgage brokers say that such passivity is declining.
A month after new loan disclosure procedures were put in place, some brokers say that borrowers are asking more questions, and are very likely becoming better informed as a result, if a bit frustrated at times. Others report a mere shift in the nature of borrower confusion.
"Consumers are much more involved in the process than in the past," said Richard Martin, a senior vice president with DE Capital Mortgage in New York, adding that not all of his clients may want to be as engaged. "But if you want to be protected, you've got to be involved."
Starting Jan. 1, lenders and brokers were required to provide borrowers with new Good Faith Estimate forms, which were simplified from years past, to show the final closing costs, and the maximum rate a borrower might pay on variable loans, among other things. Borrowers are asked to sign the document and return it to lenders and brokers before the underwriting process can begin.
"That's brought about an increase of 50 percent in the number of inquiries we're getting on these documents," Mr. Martin said.
Research shows that, in the past at least, the dialogue between lenders and borrowers was often sparse. According to a survey of loan officers fielded late last year and released last month by Wolters Kluwer Financial Services of Minneapolis, 36 percent of borrowers asked five questions or fewer during the loan process.
The borrowers may have been so well informed that they did not need to ask questions, but many mortgage brokers and industry executives suspect the opposite.
"Consumers don't understand this stuff," said Brian Benjamin, the president of Two River Mortgage and Investment in Red Bank, N.J. "People will say, 'Just do what you think is right,' but 10 percent of all the people in the industry" are not to be trusted, in his estimation.
Still, Mr. Benjamin says the new disclosure forms have not necessarily helped make borrowers more active participants in the loan process. In fact, he believes the new system has replaced confusion of one kind with confusion of another. Clients have been asking roughly the same number of questions as in the past, but now they ask more questions pertaining to closing costs not itemized in the new disclosure form, he said.
Mr. Benjamin suggested that borrowers also request to see the loan costs broken down on an old version of the Good Faith Estimate, for a more detailed accounting of the loan's costs.
The new Good Faith Estimate has also increased the amount of time it takes to close a loan, some industry executives say.
Mr. Martin of DE Capital says the new disclosure form has added five days to the time it takes to process a typical loan. That is because lenders must seek fee quotations from third parties like title companies and lawyers before sending the form to the borrower.
Guaranteed quotations are important for brokers and lenders, because closing costs must remain posted until the final estimate, which is given three days before the settlement date. If, during the processing of the loan, the costs change the effective rate of interest by one-eighth of a percentage point, a new set of disclosure documents must be issued, and the loan cannot close for at least another three days after that point.
After issuing the first Good Faith Estimate, lenders must wait for borrowers to sign and return the document before ordering an appraisal. That extra time pushes the loan approval process to at least 45 days, up from the typical 40, forcing some borrowers to pay extra fees to guarantee an interest rate, Mr. Martin said.
And these extra fees, he added, can easily add a quarter of a percentage point to the interest rate.