Let me start by saying that I know there are many good loan officers and lenders in other states who may be able to do a quality job on a mortgage. Unfortunately I have not seen a single loan generated through an out of state loan officer go smoothly.
That is a terrible batting average. The story gets worse. In a previous blog post The Lending Industry Needs to Step Up to the Plate I stated that a major problem in the lending industry is there is no easy recourse for a buyer who is treated unfairly by a lender. For out of state lenders it is even harder.
This Wednesday we had as our main speaker for our regional Realtors meeting a representative for Regulated Industries Complaint Office (RICO) from the department of Commerce and Consumer Affairs for the State of Hawaii. She made a presentation on the most common complaints against real estate agents and how to avoid them. That will be another interesting post. But the important part was the Q&A session at the end of her presentation.
One of the top agents in our area asked the big question. What is the procedure for filing a complaint against an out of state loan officer who violates the law or creates harm to one of our clients? Her response was that they have no authority and do not regulate out of state loan officers or lenders. They can only regulate loan officers who have a Hawaii license. Did you hear that? A loan officer does business over the phone or the internet, makes a big mess and we have no recourse short of taking it to the Federal level. Now she did say we can file a complaint with them or the Better Business Bureau, so if anyone checks on them in the future they will be made aware there have been complaints, but that is the end of their authority. In other words you can yell, but nobody can respond.
If in Hawaii and thinking of financing the purchase of your home, get references. There are many terrific local loan officers and lenders who can do a great job for you. There are also many others who may fall in another category. They also fall under local licensing laws and you have some recourse through the State of Hawaii if they do you harm.
Ask your Realtor for the names a few loan officers they have had good experiences.
Good luck and happy house hunting.


Randy: Like I was telling you about a lead that I was going to take out tomorrow morning. I just got off the phone with him and he did the whole application process with a mainland lender. I told him this same thing and I also told him I am not into playing games with that particular lender who tells their clients that they will give them a rebate to use their preferred agents. (what it is is that they buy off the client for 1,500 for credit for closing costs which is paid by the agent) No deal here. He was saying he doesn't care about their agents. We'll see if I hear from him tonight.
I refuse to not have a recourse. No wonder they don't care about timelines with us being over here and them over there. No recourse.
Hi Randy !
Sounds like something very interesting.I Whole hardily agree! If I can't practice real estate out of my state without taking classes and etc. why can lenders?
Sorry Lenders if you don't agree!
Lexa
Sally - Good luck, you know I have had issues with that same mainland lender. They cost me a recent client with their predatory practices.
Jason - It is like the Wild West out there on the lending side.
Eric- I like local lenders who want to do future business. They are always much more responsive.
Nalliah - Thank you
Debbie - You folks in Alaska are almost as removed as we are in Hawaii from those mainland lenders who do not feel they have to be accountable to us.
Dan - If you find a few great local agents, you life will always be some much more stress free and more importantly your clients.
Go figure!?
Francisco - Thank you
Lexa - I am licensed to practice real estate statewide. I would never try it. I stick with where I am an expert.
Elaine - I find their chances of getting the home at a good value and without tons of stress and aggravation just flew out the window in almost every case.
Randy.... just a friendly hello. ;o) You know my thoughts. Just hope my 2 fingers don't start typing on their own. ;o) Besides... even if I was licensed in Hawaii or Alaska, I wouldn't do the deal. On the Eastern side of the US and Cali, all day long. Why? Because not only do I know these states, have done business in these states, know the escrows (what needs to be charged), but have local people in each state to handle the appraisals and such.
Besides, I have seen lenders next door screw up a deal also. Trust me, I know the point that you are making. The main reason why these deals get screwed up is because they will never have to look the lender or the client in the eye. That is the main reason. As someone mentioned, being held accountable is not an issue with them.
I only bring this up because you can only tell a client so much. And there are some professionals that know what they are doing, no matter what state their client is in. And I just believe in educating the client in their decisions. Apparently I have made some enemies on here now because I stand behind this. Just my .02.
Overall, well said and some very valid points.
Sally - I may have lost a lot of weight, but I think I am still safe from that happening. :)
Jeff - In each state the laws and contracts are different. Just one of many examples of issues that I have had come up is a conditional loan approval letter. I have had mainland lenders tell me they don't do that. They knowingly put the client in breach of contract on flat out didn't care. I also have run into the same problem with two different local credit unions.
I have seen many bad loan officers locally also (and real estate agents). That is reason I recommend getting references.
Bob and Carolin - You're welcome
Randy.... that's why I said I wouldn't do loans in a few states. The states that I do loans in, I know the contract laws and time frames... when taxes are due.... some states that I deal in have state stamp taxes that the buyer is responsible for....etc etc. Trust me, I know what you are talking about. Now, I need sleep. ;o)
Jeff- I am the same way about doing business in other counties. I am licensed, but am expert enough to do it right, so I won't.
John - It is best to use a lender in the community where you are buying. Your real estate agent where you are buying should be able to give you a list of good loan officers in the area.
Randy.... if you don't mind. John, it's not that they won't, but because they don't want to work for their money. The smaller the loan, the less money a lender will usually make compared to a larger loan. We all get the same programs and money from the same places. California's medium priced homes are about $425,000? $450,000? The loan officers in Cali. are used to making a certain dollar amount then and many won't settle for anything less. Just the facts of life and the facts of lending. Sad, but so true. Me? It doesn't matter for the most part. The more loans, the more chances for referrals.
Randy, I disagree with you wholeheartedly. It is likely that HI has nuances that mainland LOs might not know about but there are many LOs who do a great job across many states. I am one of those - I am in FL and the vast majority of the loans I originate(d) are not in FL. A good number of the LOs in my mortgage company (not here at Re/Max) work VO like me and originate succesfully in multiple states.
Maintaining good communication with the realtor(s) and settlement company goes a long way to ensuring success.
- Tchaka
Tchaka - Are you disagreeing with my statement that of all the many transactions I have been involved with or have had other agents I know involved with, not one done by an out of state lender went smoothly. That is a compelling statement would you not agree?
The fact that our state regulators have no recourse against out of state lenders did not make an impression on you either?
I am not trying to be insulting, but if you go back and read my previous posts on this subject. If you also read my posts on the subject of agents who do both loans and sell real estate you will find a consistent pattern in the responses. The only people who disagree with me are the agents who are engaged in the practice I described. All others are agreeing whole heartedly.
Randy, I cannot speak for your personal experiences and have no reason to doubt you. What I am disagreeing with is the notion that out-of-state LOs are unable to do a good job as I happen to know many who do (including myself). That's where I took issue with your post. Perhaps I came off too strongly, that was not my intent.
In regards to the need for state regulators to implement some sort of recourse, sure that's good. I'm all for ensuring high quality work. And what I was insinuating is that if you've never had an out of state lender do a good job then my guess is that HI has certain things that are unique to it.
- Tchaka
Tchaka - The problem is we have state licensing that helps protect the consumers. The out of state loan officers not only do not know our market, our laws and our business customs, they do not have a state license and do not fall subject to our local regulatory agencies. That leaves the consumers vulnerable.
Remember the title of my post: Why I do Not Recommend Out of State Lenders.
I started by saying: Let me start by saying that I know there are many good loan officers and lenders in other states who may be able to do a quality job on a mortgage. Unfortunately I have not seen a single loan generated through an out of state loan officer go smoothly.
I have heard horror stories too....
The best you can do is file a complaint with the licensing authority over that loan officer. I don't know about other states, but here in Texas you would contact the 'Texas Department of Savings and Loan'
Sadly, I have more difficulties working with out of town realtors than local ones..... never have been able to figure that one out!!! My best guess is that it has to do with preconceived notions.
Well, except one..... who actually refers her clients to an out of town realtor..... me.
Out of town/state lenders is here to stay. I would think that the realtor who embraces these changes will do far better than those who do not. I suggest that ALL realtors learn a little more about loans. Learn what kinds of questions to ask and what 'red flags' to look for. Learn to work 'with' the lender instead of 'steering' clients to your buddy
Tom - How do they handle out of state lenders in Texas? If they are not licensed in your state what authority does Texas Department of Savings and Loans have over them?
Why do you do referrals of out of state Realtors? Are you competing with the Realtors in your area for the referrals?
Randy,
Can you think of 1 good National Direct Lender out there? I can't... that questions brings to mind, Ameriquest, Ditech, and other various over the phone or internet mortgage companies. Nothing but horror stories all around, and the reason is that they simple don't care.
If you are a local guy, your reputation is everything to you. You want to make sure you treat your clients with respect and look out for their best being. If there is anybody out there reading this post and thinking about using one of these national lenders, pick up the phone and call your local broker.
I guarentee at the end of the deal you will be glad you made the call.
Randy, accountability is a big problem in the Lending Industry even with in state Lenders. The advantage that I see in using an in state Lender is that if they mess things up, at least you can make others aware of it and warn them about using them. If an out of state Lender blows a deal and you tell others about it, it does not have the same impact in my opinion the same impact on them.
The other difference is the knowledge that an in state Lender has about doing business in a state vs. an out of state Lender. This is not to say that all out of state Lender do not have the necessary knowledge, but it becomes more of an issue especially with Loan Programs that are specific to that state.
The Lending Industry just like any other Industry is about finding good quality people that you feel comfortable working with. Where is your comfort level, and what level of service are you looking for?
We can't paint an Industry with a broad brush, because there are always exceptions, but I do feel that general rules of thumb as you have stated in this Post do apply.
On a side note I don't know if I am going to have time to comment on your Posts for the next couple of days because I am taking the wife on a mini vacation, but if I don't I will be looking forward to reading them when I get back.
George - Accountability is a huge problem in many industries. The problem in lending is they are dealing with huge sums of money and the public needs better protection.
That is great that you are taking your wife on a mini vacation. My wife and I need to make time to do the same.
Randy, our state licensing board wouldn't have anything over the out of state lender..... I don't think. I believe the consumer would have to initiate the complaint.
I get referrals from an out of town realtor, not out of state. As I only lend in Texas.
I don't 'compete' for local realtor business. As a matter of fact, I don't solicit them at all. They seek me out if they need a partner. And I am picky with whom I will work with.
Our agents have had many successful settlements with out of state lenders. Where we've run into trouble is the high LTV loans from Internet based lenders where the buyer got "pre-approved" before contacting a real estate person. But, we usually get through O.K.
For me, I want to be able to "look someone in the eye". I don't send buyers to lenders, I take them.
Publishing the causes of complaints in HI will be interesting. I published the same thing for MD on May 1. Take a look. It will be interesting if the causes are similar.
I have a wonderful Wells Fargo loan officer in Arizona. He is one of the best I have ever worked with! One of my buyers has used him before her move to North Carolina and chose to use him when she purchased here. Even though he had never done an attorney closing it went without a hitch. Great communication too! His fees are very low so one of my other buyers has used him as well. Perhaps I was lucky, but I think being out of state isn't the issue, it is the "bad apples" both in and out of state that are the problem.
Randy, I apologize for jumping back in I am not highjacking your post. I wanted to post a comment to Lenn, When you are saying you have not had a problem with out of town lenders only when you have HIGH LTV's does it become a problem.. I would take that as large down payments or very easy deals to do anyone should be able to handle that. I do agree 1000% with you about you not sending your people but bringing them. That brings professionalism to the next level.
Randy - It pains me when I have to turn down a loan out of COUNTY because of wrinkles that I don't want to deal with... believe me, I want to be "The Mortgage Go To Guy!!" for all of the AR Floridians but I know that it means that we both have to sacrifice some control that we might not be comfortable with...
do I know the Tampa/Clearwater Market sufficiently well to work with Cyndee Haydon?? I know how to originate loans in Florida... but I don't currently have a good appraiser in my networking circles over there. I would just have to ask for a referral from Cyndee... I have been to both Tampa and Clearwater and think they're great places... but Cyndee has to be comfortable with me being 2.5 hrs away!... We are both Wildcats though so there's always hope!
Do I know the Bonita Springs Market well enough to work with Chris Griffith?? My brother in law works for a developer with several communities over there... so I have a leg up. But Chris has some great friends and connections in her tour of duty in that market so getting her to take a chance when I can't be there full time to service her and her clients is a big "if" to a veteran agent!
Do I know the Miami market well enough to work with Ines & Maggie? Yes.. I've done many loans down there. The drive can be from 45min - 2 hrs depending where and when I'm going. I don't actively look for work there but I don't turn it down either... my processing office is there so I have the ability and the network... but again, Ines is a veteran and has a network already and I'd have to shake things up! But...it is within handshake distance!
Do I know the Orlando market well enough to work with Colleen K? I did a really tricky commercial deal there a few months back. Never got paid on it either because it was SUPPOSED to be a gateway to more deals but the client and I had a language barrier so he's dealing directly with the company president. Through our discussions on the phone, though, Colleen and I have a lot in common and that means that I would definitely drive up there now and then to be on the spot for her.
I am from Louisville KY... and I got a referral from Brandon Jenks there... a TRICKY commercial deal. On my last visit I tried to cut through the politics to make it possible to help on this deal but it was a very hard sell for the lenders so it not only never came together but the two partners have since parted ways! Good thing it didn't happen $5-10K into the processing! My dad has a land surveying company in Louisville so I have builder/developer/agent contacts all over the state.. .but I'd rather just refer out my business and have a great cash flow that way than to try and end up not doing as good a job due to a regional nuance I didn't know about!
So... I support your mentality.. and toss this one back at you...
I had an appraisal once come in WAY WAY low... the National Appraisal company that the company I used to work for hired sent a guy from the Central Miami area all the way to the North Palm Beach Area... two markets that couldn't be more different. His appraisal on a house that legitimately comped at $750,000 was $480,000... I had an argument with the president of the company in Nebraska... a HEATED argument that it was wrong to send someone that far out of their comfort area to do an appraisal. That appraiser just did not know the market and did a poor job. His response for me was "I'm licensed in 8 states... I'd feel confident in my work in all of those states and all of those markets"...
I responded that I have a real estate broker's license too... and while I CAN sell a home in Jacksonville - that doesn't mean I'm giving my client the best service possible because there is just no way to master markets when you're not actively servicing them full time...plus - as a full time mortgage broker, I do NOT spend time using my real estate license because it would just make my ability to service any of my clients that much harder.
Which... substantially supports your claim an an expert...but that you wouldn't do another island/county in Hawaii...
sorry... hope this wasn't too bad a threadjacking :)
Matthew - Great point!
Tom - Thank you for the response. I think the problem is the client can initiate the complaint, but unless they take it Federal they have no recourse; kind of scary.
Lenn - Beside all of the things I have listed above, who will be at the escrow signing with you? I want the loan officer there, otherwise the buyer will be on their own. I am sure not going to explain their loan documents or why the loan is different than what they were promised.
Diane - What would happen if it went bad? Who was at the signing table explaining the loan documents with the buyer? There are no quality loan officers in Phoenix with low lender fees?
Do you see where I am going? The first question is huge. If he does not have a license in Arizona, who regulates his activity?
Matthew - In my case out of state lenders have been an even bigger problem with easy to do loans. I have seen so many bait and switches that I almost want to throw up.
David - Good points. Just because I can , does not mean I will. I think the point that I keep repeating on several of my posts about professionalism is that there may be exceptions, but in general stick with one discipline, stick with the market you are an expert in and only refer clients to tested top pros.
I'm selling a modestly priced home in Knoxville, Tennessee and my California buyer insisted on using a Bank of America loan officer somewhere in California.
We're supposed to close this coming Friday and they finally ordered title work this past Friday with the local title company I recommended and faxed information to June 4th!
Several phone calls were not returned and when I finally just started pushing buttons on their phone system a live person finally answered and I asked them to please, and told me not to worry, "we've never missed a closing date." I'm worried because I know that's pretty unlikely.
I have a trusted and reliable local lender on standby just in case this transaction does not come together this coming Friday. Oh, and did I mention my buyers are not coming to closing, they're still in California?
Bank of America says, "no problem". Scary words to me.
Brian - That is exactly how I feel.
Jim - No problem? I can not tell you how many times I have heard that. It is time to worry!
Joan - I really prefer my clients use not only a local lender, but a funding lender. I know this will be like a hot stick in the yes of the brokers, but I have seen so many bad pre-approvals from brokers that it makes me sick. The problem is that so have the other agents in the area. They do not treat your offers with the same respect.
It's rare to see a loan office at a closing in MD or VA. The closing officers or attorney explain the loan docs. The forms are standard FannieMae. I do schedule settlements when the loan officer is in their office because from time to time, there is a misunderstanding and I have to call them. That's about it.
I don't want loan officers taking time form their office to attend closings. I want them in their office verifying docs and working on approvals.
Lenn... I go to my closings locally. And if you were to send me enough business, I would go to Md. Now, I am not saying this for you to send me business... lol But a good loan officer would have already prepared their client prior to settlement. This is slightly off topic. But in reality, the problems that usually take place is when the clients rate and or closing costs are higher. RIGHT? Or... the money isn't at the table yet for funding. Other than that, it's usually something else. I can be reached by cell phone daily. And I am on ALERT when I have a closing. Not alert because I know I will have problems, just in case they have questions. I could be here forever on that issue, in regards to lenders being at the closing table. Overall, some of us are that damn good, that it doesn't matter where my client is closing.
Lenn - In Hawaii we do not have attorneys at closing. The escrow officer and the loan officer generally do the signing. If there is a question on the loan and there always is, I do not want to be the one holding bag.
The difference in our closing process, is a good example of one of the areas we get in trouble with when dealing with out of state lenders.
Jeff - I have had to delay closings on more than one occasion because of problems with the loan docs and no way of reaching the loan officer. I am sure you do not let that happen, unfortunately more loan officers are not like you.
Jim - I have the following 2 things to say about BofA: 1) they generally take a long time to originate loans, ie, I wouldn't ever go to them for a loan that needs closing in a week or two; 2) surprisingly, they DO close on time. I've been verrrry worried in the past on loans in which I used them and they had everything done.
I'd rather not originate loans under that amount of stress!
- Tchaka
Randy, now I'm getting a better feel for why you titled your post as thus. You have an escrow officer and LO doing the signing in HI - that's different from many other places (at least places that I'm used to). Though i'm in FL, I'm from the Washington, DC area and most of my loans are VA or DC (I stopped doing MD). And Lenn's response above rings true.
I also want to add that although I used to attend as many closings as possible, I realized that I'm more valuable in my office instead. Case in point, I had a closing Friday afternoon that had a few minor hiccup with the docs right before the signing was to start. My processor had to step out because her son wasn't feeling well. I took over and took care of what was needed. I could have done it from the settlement company, but it was a whole lot easier from my desk using my laptop and phones.
- Tchaka
Tony nailed it......
Location has nothing to do with it....
I have had some resistance from clients who found out that the lender's operations was out of state... so I am hesitant to use one unless it's necessary.
Great post!
Tchaka - My experience here has been if the loan officer is not at the signing they are probably not at the office either. I enjoy nothing less than sitting at the signing table with a client who is upset with the loan docs and I am the only one there. The last time a loan officer did that to me was the last time they got a referral from me.
B.B. - It looks like I missed some myself while I was out at an open house.
Tony - That may be quite different in your state. In Hawaii out of state lenders are a nightmare.
I have never with a capitol N seen a smooth one yet with an out of state loan officer. Our local regulatory agencies have no authority if they are not licensed here, leaving no recourse short of taking it to a Federal level.
Tom - Spend a month with me in Hawaii and I will completely change your opinion.
Tony - You hit on another good point. The second thing I recommend is using local funding lenders who have in house underwriting.
Tim - It would be even worse if you were sitting in the middle of the Pacific several time zones away.
Christy - I hope top be able to say the same for the rest of the year.
Nattalie - If I have a customer thinking about the mainland lender; I mention how many papers they have to sign to get the loan. I then ask if they feel competent to sign them themselves. The loan officer will not be there. It is amazing how many take my recommendation of using a quality local loan officer.
Jordan - Thank you
Randy Aloha, woowww that is a very controversial very good blog, I would not say any word on this one because I have not had the bad experience about this, but this is an awesome blog to comment, also I just wanted to make another comment out of this topic, do you know BJ Penn? the prodigy guy? he won the UFC this saturday and he is from hawaii :) he won the ligth weight UFC championship, I Hope that you know him :)
Ray - I do not know BJ Penn, but have enjoyed watching him coach on TV. Glad to see he won his fight. I gotta cheer for the local guy. Here is his website: http://www.bjpenn.com
It may be slow because a lot of people are going there.
I think you may have been somewhat misinformed by the public official who claimed there's no recourse, unless Hawaii has no licensing requirements at all. As far as I know, each state requires lenders to hold a license to originate loans in their state, even though they may not have a brick and mortar location in that state. If I have a license to write loans in Florida, even though I'm located in MA, I'm still subject to Florida laws. If I fail to comply, my license is in jeopardy.
Having said all of that, I'm a very strong advocate of face-to-face relationships and agree with your general point, although probably for different reasons.
Don - I do not think they are misinformed she is the person who handles the complaints. I will definitely be working with my local legislator to see if we can fix that whole in the law.
Jennifer - I have seen similar on more than one occasion.
Tchaka - I have seen similar coming out of other states like California and with some really well know lenders.
We are in the middle of the ocean. They will never have to face the client or anyone involved with the transaction. Once they finally get the loan docs it is take or leave it time. The loan officer is banking on the fact that it is too late to go elsewhere.
Unlike the U.S. in Canada our laws, guidelines, qualifications are very similar regardless of the Province. I have the advantage of dealing with a single Lender here in Ontario that would also service all across Canada and would all be handled here, in house.
If you have any clients that are moving to Canada and or wishing to purchase cottage or investment property please give me a call or direct them to our website and if any member of my Team cannot handle them personally our network of over 1100 Mortgage Associates across the country can and with me running point I will insure your client referral will receive the high level of service we afford all our clients.
Warmest Regards, DAVE
Dave - I have not had any clients move from Hawaii to Canada yet. I think it is too cold up their and the surfing is not as good. :)
Sue - That is a good way to do business.
As I mentioned before, I am licensed statewide. Our laws are the same in all counties, except zoning and market familiarity. I would never try to sell homes on the other islands. I am not an expert in their market.
Jeff - I can not tell even one good story with an out of state loan officer. I have had several loans with local loan officers and out of state lenders. I have had mixed results in that scenario. Some good and some really bad.
I would love to forward this blog to the next real estate agent who says, "oh I don't really care who does the buyer's mortgage - they get their own financing".
If you ask the buyer if they would like a name (or a few names) of reputable mortgage brokers, they may end up using one of them, and they will most likely treat you and the buyer very well. If they don't, there are pleny of us lining up to do it well! (and cheaply)
Sue - I just came back from an escrow signing that will record on Friday. The transaction went smooth as silk. Thanks to a really great local loan officer, who conducted the mortgage signing personally.
I can not say the same story when clients have used an out of state loan officer.
Jeff - Not far at all.
Pete - In all fairness there needs to be a distinction between "out of state lender" and "those TV ad ones". Granted a Venn diagram will show a crossover area, it is nevertheless wrong to lump the two together. It is pretty uniform amongst loan officers/brokers that "the TV ad ones" should be avoided. And there are numerous lawsuits out there to back that up.
- Tchaka
Randy -
I just had an upset seller who had NO IDEA how much money to bring to closing. They were doing an 80/20 loan to hold them over while their out of state home sold...
Guess what??? NO GOOD FAITH ESTIMATE WAS PROVIDED!
Thank goodness for wire transfers. I feel for this large family living in a hotel with four children.
Fortunately my title officer understood the situation and took the opportunity to let this CEO know what SHE thought of out of state lenders... so hopefully anyone else he brings in will be warned.
Seems like the produce we get... gee nobody else will buy it, send it to Alaska or Hawaii... only you can grow your own in many instances... but you get the idea.
Hey, Randy:
Texas lending is weird and different from that of other states, so I cringe whenever my buyer has an out-of-state lender. Or out-of-town, for that matter, although that is sometimes easier to deal with.
Sometimes there's no substitute for local knowledge and experience.
(my old apartment on Anapuni St.)
Aloha,
Robin
Robin - I used to live on Anapuni St. in Honolulu about 25 years ago.
Rick - All good points.
No way, man!
I have many happy memories of Anapuni St. I met my best friend there, and had a party where I introduced her to the man who later became her husband. Good karma!
Aloha,
Robin
Robin - I was young and poor when lived there. I did have fun though.