Bait and Switch in Mortgage Industry
Monday, October 18th, 2010Everyone knows bait and switch is illegal but that doesn’t mean it is not practiced, especially in the mortgage industry. Here’s how it works.
Mr. Client makes a call to Lender B and asks what their rates are. After answering a few questions the mortgage consultant for Lender B asks what rates other companies have offered Mr. Client. After hearing what his competitors are offering Lender B will beat the lowest rate and the lowest points, no matter how low Mr. Clients says he’s been offered. Lender B knows there is no way he can close the loan at the rate he promised and it doesn’t matter that he can’t. His client will take whatever he offers.
I know that sounds crazy but it works nearly all the time. All Lender B has to do is wait until the loan is set to close, then he calls Mr. Client with some reason why he can no longer offer the rate he sold. He can offer a different rate, even if that new rate is as much as a percent higher. So how does Lender B get away with it?
This really only works with non prime lending and works best when they have a client that is paying off revolving debt with the loan. Many clients, confident the loan will close in time stop making car payments, card payments, and sometimes mortgage payments and they pocket the saved money. They are that sure that the loan will close and pay all that debt off.
Fast forward three weeks into the loan process and they are told the rate will be significantly higher, but will still close on time. Mr. Client can either stop the loan process and go to another lender or go through with the loan. The problem with starting over with another lender is the client hasn’t been making their debt payments and may even incur new late payments on their report. That could easily lower their score enough to where they cannot get a rate that even equals the new rate their lender changed on them. They may be out of money because they have begun spending expecting cash out at the closing and suddenly they are in a position where they cannot afford to start the clock ticking with a new lender.
Lender B has his client over a barrel and they both know it. So how can you prevent the above scenario? Number one, do not stop making any kind of payments. Pay them up until the loan funds. That will alleviate most of the problems. When Lender B quotes a rate, if it sounds too good to be true, it probably is too good to be true. Trust your gut. You have to find a broker you can trust and that is a subject for another article.




