The current system for originating and closing mortgages is highly complex and suffers from several problems that have resulted in high prices for borrowers. Studies indicate that consumers are often charged high fees and can face wide variations in prices, both for origination and third-party settlement services. The main points are as follows:

There are many barriers to effective shopping for mortgages in today’s market. The process can be complex and can involve rather complicated financial trade-offs, which are often not fully and clearly explained to borrowers.

Consumers often pay non-competitive fees for originating mortgages. Most observers believe that the market breakdown occurs in the relationship between the consumer and the loan originator — the ability of the loan originator to price discriminate among different types of consumers leads to some consumers paying more than other consumers.

There is convincing statistical evidence that yield spread premiums are not always used to offset the origination and settlement costs of the consumer. Studies, including a recent HUD-sponsored study of FHA closing costs by the Urban Institute, find that yield spread premiums are often used for the originator’s benefit, rather than for the consumer’s benefit.