Home Mortgage Refinancing Guide

Since mortgage rates have been in near freefall this week several people have asked me about breaking mortgage rate locks. Here’s the skinny you need to know about locking in your mortgage rate.

While most mortgage brokers will tell you that a rate lock is an agreement between you and the lender that you cannot walk away from, the truth is that you can and the pressure you mortgage broker is applying is a load of crap. Can’t say that I blame them, after all their commissions are on the line…but the truth is you can walk away from the table at any time…Even After You’ve Signed The Contract.

Mortgage Rate Locks

What is a mortgage rate lock? Really all rate locks are is a “promise” from your lender to give you a certain mortgage rate if you close before the lock expires. Are mortgage lenders obligated to honor their rate locks?

The answer may surprise you… No, lenders are not obligated to honor thier own rate locks. Mortgage lenders build so much wiggle room into their rate locks they can back out of them almost at will. You’re not signing a contract when you lock in your mortgage rate but if rates go down 99% of lenders will not give you the lower rate.

If your mortgage lender refuses to give you the lower rate why should you stay? A mortgage is a huge financial commitment and you should make sure you’re getting the best possible deal before signing on the dotted line. Don’t ever let a mortgage broker or lender pressure you into thinking that since you’ve locked in a mortgage rate you’re obligated to take out the loan. This type of pressure sales is not only unethical but a despicable practice.

Your Rights Under The Law

You can walk away from the table at any time. If you’re being pressured by a broker or your gut tells you something isn’t right, walk away. Mortgage brokers and lenders are a dime a dozen and there are honest people working in this industry that want to get you a good deal in exchange for your business. What can you do if you already signed the loan contract? You still have time to change your mind. There are three business days before your loan is funded that you can change your mind and walk away from the deal. See Three Day Rescission for more information about backing out before your loan is funded.

To summarize, a rate lock does not mean you are obligated to borrow. Never let anyone pressure you into any type of loan…this is a sure recipe for disaster. Do your homework, learn about Yield Spread Premium and make informed decisions when it comes to your mortgage. All the information you need to do this is available for free on this website. There is absolutely nothing for sale here…the articles and mortgage videos are all free.

If you’re in the process of refinancing your mortgage you might be losing sleep over your rate lock. Last week mortgage rates rose from 5.6% to 5.8% almost overnight. If you didn’t lock your rate in writing you’re looking at higher mortgage rates this week. Here are the basics you need to know about locking in your mortgage rate when refinancing.

Locking in Your Mortgage Rate

The purpose of a mortgage rate lock is to hold the interest rate you agreed long enough to give you time for closing. You must have written confirmation of your rate lock or you do not have an agreement with the lender. Even when you get your mortgage rate locked in writing, rate lock agreements guarantee very little and are usually structured so that the lender can change the agreement at will. Despite this lack of confidence in your lenders written word it is still better to lock in writing than not at all.

What Documents Lock in Your Mortgage Rate?

Once you notify your broker that you want to lock a specific mortgage rate you should receive a written rate lock confirmation from the lender. This document will be faxed, emailed, or created online for your broker confirming the lock. Your rate lock outlines the terms of your mortgage including rate, points, Yield Spread Premium and the expiration date of the lock.

Make sure that this document comes from the lender, not your mortgage broker. Your broker can never guarantee a rate that isn’t locked by the wholesale lender. A common bait and switch tactic used by many brokers is providing bogus or doctored rate lock confirmation and then switching you to a higher priced loan offer when the deal falls through. When this happens a dishonest mortgage broker will often blame you and say the rate lock expired because of something you did.

Your mortgage broker may also give you a doctored rate lock confirmation because their markup of your mortgage rate will be clearly displayed on this document. This commission based markup of your mortgage rate is not only completely unnecessary but is completely dishonest in most cases. You can learn more about protecting yourself from shady mortgage brokers with a free mortgage refinancing DVD.