Minnesota Mortgage Blog - MN Mortgage and Real Estate News

BankRate.com settles Bait-and-Switch Lawsuit
July 27th, 2007 1:06 PM

BankRate.com settles Bait-and-Switch Lawsuit

NovaStar, other Bankrate advertisers hit with $46 million judgment for false mortgage interest rate advertising.

Bankrate agreed to pay $3 million in order to settle a lawsuit regarding alleged “bait-and-switch” advertisements that were appearing on the Bankrate.com site. Former advertiser American Interbanc Mortgage accused Bankrate of removing its ads from the site after American Interbanc claimed that other advertisers were promoting loan rates that were not honored. Customers who went to those sites were quoted higher rates than appeared in the advertisements, according to the claim. While Bankrate denied the allegations, testimony was presented indicating that Bankrate received hundreds of complaints about those “bait-and-switch” advertisements.

Flashback to pre-internet days of mortgage lead generation advertising: You opened your hometown newspaper's weekly real estate section, and found a mortgage guide where several local lenders displayed rates, in a table or display ads, showing only rate and APR. The posted rates typically showed very low rates attainable only by paying a large amount of discount points, obscured but reflected in the APR. To make things even more opaque, publishing deadlines demand ad copy, and thus rates be delivered 2-3 days prior, rendering the advertising bait, relatively meaningless.

Around 1996: Bankrate takes on this game, and puts it on steroids by making bait-n-switch rate a national game, not a local one, with a simple click. 

June 2007: Over 10 years later, successful litigation finally holds some of the these bad-players accountable. The bad lenders in this case went beyond simply practicing false advertising. They were convicted of conspiring to prevent another lender from doing business in good faith! 

Hopefully the press generated from this lawsuite will get the attention of the regulators who need to start enforcing and hopefully even giving some more punitive muscle to Regulation Z, and RESPA (the laws governing such practces). The current practice of doling out small fines and slaps on the wrists, will never change current bad lender behavior.

Unfortunately, a quick survey of BankRate.com's site shows a large number of their advertising lenders are still doing what they have for years - posting rates, costs, and APR's that they will never honor, but are designed to get your attention.

Furthermore, to make it even worse, the media (TV, newspapers, internet, etc.) constantly portray BankRate as the almighty, and quote their "average" rates everywhere. But the average is based on the phoney advertising, and huge discount points most people don't pay, therefore the "average" they quote is completely worthless.

For REAL rate averages, look at Freddie Mac's weekly rates at www.freddiemac.com. To learn how to correctly shop lenders, read "Shopping Around?"

-------------------------------------------------------

The Lawsuit: The successful lawsuit against Bankrate Inc. claimed that the popular website, intended to help borrowers, actually misleads them because many lenders posting rates don’t really honor those rates. These are usually the lenders quoting the "lowest" rate.  The lawsuit alleges that this also puts honest advertisers on the website at a competitive disadvantage.

American Interbanc Mortgage LLC, an ex-Bankrate.com advertiser, sued Bankrate for  $16.5 million in damages and a $33 million in punitive damages.  The lawsuit began back in 2002 when American Interbanc Mortgage sued other Bankrate advertisers claiming their rates were unrealistic and put American Interbanc Mortgage at a disadvantage.  Later, American Interbanc Mortgage added Bankrate to the lawsuit, after Bankrate did not renew American Interbanc Mortgage’s advertising agreement.

American Interbanc Mortgage alleged, and successfully proved that Bankrate knew what some dishonest advertisers were doing and let it happen.  Court documents indicate that Bankrate has had hundreds of complaints about advertisers’ posted rates.  The Wall Street Journal reports that one Bankrate advertiser confided to a Bankrate employee saying the borrower would require a “direct pipeline to God” to get the rate they had posted.

Bankrate’s reach is wide.  Their partnerships with Yahoo and AOL along with their newspaper presence allow their rate tables to be displayed to millions of people on a daily basis, although accuracy is a huge problem.


Posted by Joseph Metzler MMS on July 27th, 2007 1:06 PMPost a Comment (1)

Subscribe to this blog
Interest Rate Shopping. How to do it right
July 6th, 2007 11:49 AM

RATE SHOPPING?  Read this FIRST!
(No matter WHO you use, print this page for future reference)

How Do I Get The Best Rate?                        
It is never about the best rate. It is about the best MATH.    

There is NO other answer than that. So why isn't the lowest rate the best deal? First, lower rates come with more points and fees. That is not the real issue, however. There is a break even point to contend with when paying closing costs, points and fees, plus tax deductions to figure out. In the case of a purchase loan, points are tax deductible in the year that you pay them. That is good, but then again, so is the interest you think you are saving. With refinances, the points are usually only deductible only over the full term of the loan. That could be 30 years, making the benefits and the break even point years down the road. So why do lenders advertise really low rates with all of those points and fees? Because they know most consumers look at the rate, not the math. That advertising strategy works really well. We don't play that game. How about the lowest APR? Generally, shopping by APR isn't the answer either. The more points you pay, the lower the APR. But is that the best deal?

If you need a loan? How about getting the BEST loan for your overall wants, needs, goals, and ability. We take apart each rate and fee quote to find out what the best MATH is, period.  It only takes a few minutes for our professionals to do this FREE Service for you using special software we have. We work it up, and sent it to you (Its called a Total Cost Analysis). After that, it's your decision, and its as easy as 1, 2, 3.

What Causes Mortgage Rates To Change?
Did you know that one or more rate changes per day is normal?  Actually, it is unusual not to have a least one rate change in a day.  Most people do not know that.  Rate quotes can change when you call back later that same day.  In our business, a rate change also includes a change in the point cost for the same rate.  In other words, a rate can be no points in the morning, then later that day cost 1/4 point.  That is a rate change.

Did you also know that mortgage rates are not directly affected by what the FED does? Many times a fed rate cut can cause mortgage rates to go up, and a fed rate rise can lower long-term rates.  Mortgage rates change primarily based on: 

  1. the perception of inflation
  2. times of uncertainty and
  3. the movement of money in and out of the stock market

When a piece of economic data shows weakness or uncertainty in the economy, rates tend to fall.  The opposite is also true.  A drop in the unemployment rate, a rise is durable goods orders, a rise in the consumer confidence index--rates go up.  Influencing factors can present themselves at any time, affecting mortgage rates instantly.  There is no "delay".  It doesn't take time to "filter down".  Reading the paper for quotes doesn't work because the information is very old by the time it gets in front of your face.  Radio, TV and billboards are not the answer because the details are always missing.  Competitive lenders, us included, can deliver nearly identical rates to each other at anytime.   Most borrowers don't ask the right questions and focus only on the rateThink MATH and as it pertains to you.  That's all that matters.

Is a Bank or your existing lender better than other Mortgage lenders? No! Read More Over the last several years, we have seen amazing advances in home mortgages.  Todays homebuyer has the widest variety and the most unusual types of loans ever available.  Mortgage lenders have dozens more of these loan programs for customers than any single lender (a bank).  And most of the time, we can provide better deals.  This is because we represent the WHOLESALE rates of many lenders.  These are rates and fees not available to the public.  For example, ABC Bank might be quoting you 5.5% and 1 point for a loan.  A broker representing the very same bank can also quote the same rate and fee.  The broker is probably paying NO points for that loan.  They add the point back and keep it for themselves.  They can also quote 1/2 of a point and beat the retail quote of that bank.  This is the essence of broker competitiveness.  The best deal is always changing from lender to lender.  A broker has so many sources and receives so much up to date pricing, you are more likely to save money than not.  Next time a big national lender tells you that the broker is only a middle man and therefore cannot beat their deal, tell them you know better.

The Bottom Line 
The bottom line is that there is no one source that is the cheapest.  If one lender was always the cheapest, eventually, everyone would know about it, right?  The only other way most lenders can compete with one another is to somehow convince the public that they have some "secret way" of providing lower than market rates.  The market is the market and you pay for it one way or another.

Only work with a professional mortgage company where the loan officers are skilled at the mathematics and can explain it in plain English.  Don't feel pressured, and stop looking at just rate, or just cost!  Don't gamble with something as important as your mortgage.  "DO THE MATH"

Find a Professional
How do you know if your working with a professional?  Easy.  Click here for quick questions to ask your loan officer. 


Posted by Joseph Metzler MMS on July 6th, 2007 11:49 AMPost a Comment (0)

Subscribe to this blog
Recent Posts:

Archive:

My Favorite Blogs:

Sites That Link to This Blog:

Bookmark and Share

 

Top Minnesota Mortgage Lenders Brokers

Mortgages Unlimited Minnesota
33 Wentworth Ave E Suite 290,  St Paul, MN 55118 

Phone: (651) 552-3681

Member, Minnesota Mortgage Association
 

Check Our Better Business Bureau Record   Follow the Metzler Mortgage Group of Mortgages Unlimited on Facebook  Follow Metzler Mortgage Group of Mortgages Unlimited on Twitter 

 
 

Watch the Metzler Mortgage Group of Mortgages Unlimited Minnesota Mortgage Informational Videos on YouTube. Subscribe to receive our video

 



 
State:
County:
City:
Zip: