Yield Spread Premium - No Closing Cost Loans Explained

No Closing Cost Loans Explained

YSP can also be used by a mortgage broker to offer "No Closing Cost" loans. For example, if a borrower takes a $800,000 loan and the total closing costs amount to $5,000, the broker could increase the interest rate that pays the broker a YSP of say 1% and the broker could then credit the borrower $5,000 of the $8000 made in YSP towards his closing costs. The broker would still earn a $3,000 -paid by the YSP. This is almost always the case for loans advertised as "no closing cost" or "no fee." The only way for a broker to provide a loan without fees (and stay in business) is to charge the borrower a rate which pays a sufficient YSP to cover the closing costs, as well as earn some money for themselves.

Note that in that example, the key expression is "could" - the broker is under no obligation to share their YSP with the borrower, though it is disclosed on the est. HUD-1 by law. So, if the broker steers the borrower towards a mortgage with a higher interest rate, the broker might receive a YSP of say 1.5%, resulting in $12,000 paid by the lender to the broker. Subtracting the $5,000 spent towards closing costs, the broker would have made $7,000 rather than $3,000 as in the original example. The borrower should always check his/her estimated HUD-1 at the time he/she signs loan documents in order to ensure the loan fees and charges are in line with what they were told/expected. Unlike a Good Faith Estimate (which is provided by the broker), a HUD-1 is a document provided by the escrow company handling escrow for the loan. Though technically an estimate until the loan is funded, an est HUD cannot be changed after loan docs have been signed unless the borrower resigns certain documents disclosing finance charges associated with the loan ("re-disclosure").

During the refinancing boom in 1998-2005, rogue mortgage brokers used the YSP to defraud wholesale lenders by colluding with borrowers as follows. A borrower would accept a much higher interest rate that would result in a huge YSP paid to the broker. For instance, for the $800,000 loan discussed above, a YSP of 3 points would result in a $24,000 cash payment to the broker. The broker would share the YSP with the borrower. Shortly after closing the loan, the borrower would refinance the loan at a lower interest rate, essentially avoiding paying back the YSP received in a higher interest rate over time. This practice, also known as "Churning" if used intentionally, defrauds the investors who paid the YSP in expectation of receiving higher interest payments while the loan is being paid back.

Wholesale lenders have introduced practices to combat this type of fraud. Most wholesale mortgage broker agreements specifically require that borrowers make at least 4 payments on their new loan, or the broker receives an Early-Pay-Off notice (EPO). An EPO requires the broker (subject to their wholesale brokerage agreement with the lender) to pay back the entire rebate they earned. It is the case that many brokers will refinance the same clients over and over again, typically in 6 month increments, and they will share the YSP with the borrower, while the borrower agrees to a higher rate on what amounts to a permanent basis, since they keep refinancing the same type of loan the same way. However, with the current softening of housing values (as of 4-2007) much of that type of refinancing has come to an end. Another measure is that most lenders (and many states) have limits on the amount of YSP they will pay out (currently most lenders limit this is no more than 3 points). Lastly, brokers who repeatedly refinance borrowers in this way will almost certainly be cut off from doing business with lenders who they had been approved with.