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The dirty secret of builder mortgages: The homebuilder’s agent often isn’t on their LO’s side.

The Incentive Problem at Builder-Owned Mortgage Shops 🤝

While nearly every mortgage lender has struggled mightily in recent years, homebuilders 🏗 & their lending arms have made bank using a pretty simple playbook: Because they’re vertically integrated & still making a fat margin overall, homebuilders can offer unbeatable 🔥 deals to customers—often buying down mortgage rates by tens of thousands of dollars.

But they’re also not exactly working w/ prime buyers. A large percentage of their buyers have weak credit & need gift funds to close.

The Mortgage Scoop spoke to 2 insiders at large homebuilder-owned lenders to learn how they get such borrowers to the closing table. We’ve also got details on why the inside sales agents at the homebuilder aren’t exactly their friends w/ the builder LOs. This one is exclusively for Insiders, so please consider upgrading your subscription.

(🙏 If you like what you’re reading, tell a fellow mortgage junkie to sign up here.)

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Triple Play Brawl, Round 2! 🥊

No chairs were thrown, but there was violence at the Triple Play conference yet again this year. Video captured by a NJ real estate agent shows 2 men & 2 women fighting at the Absolute Home Loans party on Wednesday night. No one was injured & it was broken up quickly. Still, it’s ridiculous that grown adults behave this way. 

Instagram post

The Scoop brought you the full story on the epic chair-throwing, floor-clearing brawl between rival NY/NJ lenders in ‘21. Check that out here

The Impact of Trump’s AI EO on Mortgage 🙅

President Trump on Thursday signed an executive order blocking states from enforcing their own AI policies. Not to shock you, but it may not be legal…

Suha Beidas Zehl, a mortgage tech consultant w/ a focus on AI compliance, said the order was not a law passed by Congress & several state leaders have publicly said a presidential order cannot legally preempt state legislation.

Still, creating a national policy framework for AI appears to be a step forward, she said. “Mortgage lenders, banks, any regulated industry for that matter, cannot realistically operationalize 50 distinct, & potentially contradictory, AI standards (especially around transparency, algorithmic discrimination, model disclosures, audit obligations, etc.).”

Beidas Zehl said the EO aims to discourage, litigate against, & ultimately preempt certain state AI laws it deems onerous using federal grants & dollars as leverage. “The Attorney General must establish an AI Litigation Task Force within 30 days to challenge state AI laws deemed inconsistent w/ federal policy. My question is this: who/what determines if something is ‘onerous’? What are the criteria? The EO leaves it very vague & IMO this is one of those gray area that we need to keep an eye on.”

Currently, Colorado is currently the only state w/ a comprehensive AI Act that clearly covers high-risk systems making lending & housing decisions, though Beidas Zehl noted that states like MA/CA/TX/UT are using existing fair lending/consumer protection frameworks & AI advisories to govern AI in credit & mortgage-related contexts.

Builder Mortgages (Cont.)

There’s a common belief that homebuilders set high face prices on new homes & are happy to buy down rates or offer certain finishes/perks, but never want to lower the sale price & risk blowing up comps.

“That’s true only to an extent,” said one LO at a large homebuilder-owned lender who’s based in the South. “When they really want to clear inventory & there’s a lot of unsold product in a development, they’ll sell a bunch to investors at a discount.”

“They do drop the price quite a bit,” added the other LO, who’s based in the Midwest. “But it’s like a Black Friday deal where on Tuesday it’s $900, on Wednesday it’s $900, on Thursday it’s $900 and on Friday it’s $1,000 marked down to $900. If the comps are $400K in the neighborhood, they’ll start the prices at $520K & use $20K to buy down the interest rate & take $60K off the price & in reality sell it for around $400K to $420K, where the comps typically will be.”

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