MrMAD2
10-16-2005, 12:52 AM
I decided to start a thread that I'll be adding to occasionally with tidbits of information and insight into the banking world for those of you that may want or need some advise or just simple information.
For background: I used to be a licensed real estate agent in Illinois, I am currently a mortgage banker (residentially) and a mortgage broker (commercially --- although this coming week may change that to a banker/correspondent lender), and I'm an amateur lawyer (law is my hobby, specifically monetary and banking/credit law, though I study all avenues of law).
To begin with, let me start by telling you all something that almost no one else in my position (a mortgage professional) would ever tell a client: Just about every broker or bank loan officer will have you sign a form saying that you will work only with them and if you default that you are liable for their losses. Well, the only way for this to be upheld in court is if they present a lending institution with acceptable terms to you that you reject, and then you go directly to that institution and accept the terms directly, cutting out the other party. Then, only if the first party finds out and can prove that they originated that lending source can you be held liable for lost commission that you agreed to. Basically, until you are at a closing table, documents are signed, and money is wired and changes hands... nothing is really ever final or binding. This is also a true statement about loan terms and conditions. Every lender has a blurb in their commitment papers that state that they reserve the right (or similar lingo) to have the terms change with or without notice. Normally, in residential lending (which is what most people are familiar with and utilize), there must be some kind of written notice, although there is usually a state law that determines the time frame in which that written notice of change must be submitted by (typically 3 business days, though it can be 7 or even 30 in some instances).
Advise: While it is obviously tedious, and most material is repetitious, make sure that you read EVERYTHING that you are signing. If you have a question, ask. If you don't understand the answer, ask for further clarification. If you still don't get an understandable response, consult an attorney. Most states, by the way, prohibit real estate agents from giving any kind of legal advise, interpretations, or even explanations of the law, contracts, or decisions.
More to come in upcoming posts.
For background: I used to be a licensed real estate agent in Illinois, I am currently a mortgage banker (residentially) and a mortgage broker (commercially --- although this coming week may change that to a banker/correspondent lender), and I'm an amateur lawyer (law is my hobby, specifically monetary and banking/credit law, though I study all avenues of law).
To begin with, let me start by telling you all something that almost no one else in my position (a mortgage professional) would ever tell a client: Just about every broker or bank loan officer will have you sign a form saying that you will work only with them and if you default that you are liable for their losses. Well, the only way for this to be upheld in court is if they present a lending institution with acceptable terms to you that you reject, and then you go directly to that institution and accept the terms directly, cutting out the other party. Then, only if the first party finds out and can prove that they originated that lending source can you be held liable for lost commission that you agreed to. Basically, until you are at a closing table, documents are signed, and money is wired and changes hands... nothing is really ever final or binding. This is also a true statement about loan terms and conditions. Every lender has a blurb in their commitment papers that state that they reserve the right (or similar lingo) to have the terms change with or without notice. Normally, in residential lending (which is what most people are familiar with and utilize), there must be some kind of written notice, although there is usually a state law that determines the time frame in which that written notice of change must be submitted by (typically 3 business days, though it can be 7 or even 30 in some instances).
Advise: While it is obviously tedious, and most material is repetitious, make sure that you read EVERYTHING that you are signing. If you have a question, ask. If you don't understand the answer, ask for further clarification. If you still don't get an understandable response, consult an attorney. Most states, by the way, prohibit real estate agents from giving any kind of legal advise, interpretations, or even explanations of the law, contracts, or decisions.
More to come in upcoming posts.