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Are 2 packages of settlement services better than one?
In earlier columns, I looked at HUD's approach to fixing several abuses that pervade the home loan market. One of HUD's major proposals is to authorize lenders and others to consolidate all settlement services into a Guaranteed Mortgage Package (GMP) on which the interest rate, plus a single dollar price covering all settlement costs, are guaranteed. This would be a substantial break with the ways in which mortgages are delivered today, and how it will work out exactly is not clear.
Lenders expect to profit from having the complete freedom to package the services of their own affiliates, without having to warn borrowers about the relationship or offer them alternatives. Lenders without affiliates would be free to use their buying clout to negotiate the most favorable terms with independent third-party service providers. HUD is gambling that competition between GMP packagers will force them to pass on most of the cost savings to borrowers.
The way to make this less of a gamble, closer to a sure thing, is to expand the number of players, and there is a very simple way to do this. Instead of requiring one package that includes everything, HUD could allow two packages, which could be offered separately or together.
One package, offered only by lenders, would consist of lender-related services. These are services provided directly by the lender, or by third parties, such as independent appraisers, at prices known by the lender. This package would have the same rate guarantee as the GMP, but the price guarantee would cover only lender-related services.
The second package, offered by title insurance, real estate or other non-lender firms, would consist of all real estate-related services. These are all the services needed in settlement of the real estate transaction. The price of real estate-related services would also be guaranteed. Both groups of packagers would have the same type of exemptions (from restrictions on referral fees, for example) as GMP packagers.
This breakdown corresponds to a natural division of labor between lenders and real estate service providers. Lenders by themselves can't guarantee the prices of real estate services because they are not themselves involved in that process. Lenders offering GMPs, therefore, will subcontract with firms involved in real estate to provide real estate service packages for inclusion in GMPs. There is no good reason why these firms should not be able to offer the same packages to borrowers, directly or through mortgage brokers.
The two-package approach would materially increase the number of competitive options available to borrowers. Many lenders reluctant to offer GMPs will be willing to offer lender packages because, except for the guarantee, it is what they do now. A few forward-looking lenders already guarantee their settlement service package. Real estate firms that are disinclined to become subcontractors to lenders offering GMPs may take advantage of the opportunity to develop their own distribution networks.
Under the two-package approach, borrowers could buy a complete GMP, or they could buy separate lender and real estate packages. It would be a simple matter to compare the price of a GMP package to the sum of the prices on a lender package and a real estate package.
Indeed, mortgage brokers would do the arithmetic for them. Putting the two packages together is a natural mortgage broker function. It is similar to what they often do now in combining a first and second mortgage in one deal. The lender package should include a slot for the broker's fee, which would be negotiated with the borrower and fully disclosed.
NOTE: In the summer I placed a spreadsheet on my Web site that borrowers with fixed-rate mortgages could use to check whether their lenders were giving them proper credit for extra payments. Following numerous requests, I recently added similar spreadsheets for fixed-rate bi-monthly, and adjustable rate mortgages.