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Best Efforts Mortgage Lock: What It Is, How It Works

A couple signs the purchase contract of a house that is a best efforts mortgage lock through a mortgage originator.

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What Is a Best Efforts Mortgage Lock?

A best efforts mortgage lock happens when the sale of a m🧸ortgage in the secondary mortgage market requires that the s🐬eller—usually a mortgage originator—makes their best effort to deliver the mortgage to the buyer. A mortgage originator can be an institution or an individual working with a borrower to complete a mortgage transaction. A mortgage originator is the original mortgage lender and can be either a mortgage broker or a mortgage banker.

Best efforts mortgage locks exist to transfer the risk that a loan will not close🦂 from the originator to the secondary market. With this kind of lock, if the mortgage fails to close, then the cost will be borne by the secondary buyer of the mortgage, not the original mortgage lender.

Key Takeaways

  • A best efforts mortgage lock is a type of sale of a mortgage into the secondary mortgage market.
  • With a best efforts mortgage lock, the seller—usually a mortgage originator—makes their best effort to deliver the mortgage to the buyer.
  • Best efforts mortgage locks exist to transfer the risk that a loan will not close from the originator to the secondary market.

How a Best Efforts Mortgage Lock Works

A best efforts mortgage lock is a type of sale of a mortgage into the 澳洲幸运5开奖号码历史查询:secondary mortgage market. The secondary mortgage market, where mortgage locks occur, is where mortgage loans and 澳洲幸运5开奖号码历史查询:servicing rights are bought and sold among 澳洲幸运5开奖号码历史查询:mortgage originators, mortgage aggregators, and investors.

The secondary mortgage’s extremely large and liquid market helps make credit equally available to all borrowers across geographical locations. Mortgage originators sell a large percentage of their new mortgages into the secondary market, where they are packaged into mortgage-backed securities and sold to investors, including 澳洲幸运5开奖号码历史查询:pension funds, insurance companies, and hedge funds.

When a person takes out a home loan, the loan is 澳洲幸运5开奖号码历史查询:underwritten, funded, and serviced by a bank. Because the bank has used its own funds to make the loan, it then sells the loan into the secondary market to make more money available to continue issuing loans. The loan is often sold to large 澳洲幸运5开奖号码历史查询:aggregators, such as 澳洲幸运5开奖号码历史查询:Fannie Mae. The aggregator the෴n distributes thousands of similar l💮oans in a mortgage-backed security.

Mortgage locks—which include both best efforts mortgage locks and mandatory mortgage locks—determine the penalty if a mortgage is not paid back to the buyer. Essentially, a best efforts mortgage lock means that the mor♛tgage originator—in our example here, a bank—must ma🉐ke a reasonable effort to pay back the mortgage to the buyer like an aggregator such as Fannie Mae. However, no fee is due if the seller fails to meet this payment.

Mandatory Mortgage Lock vs. Best Efforts Mortgage 🅠Lock

Another kind of mortgage sale on the secondary market is the 澳洲幸运5开奖号码历史查询:mandatory mortgage lock. With a ma🅘ndatory mortgage lock, the 🦩seller of the mortgage is required to make the delivery to the buyer by a certain date or pair-off out of the trade.

A mandatory mortgage lock or trade generally commands a higher price in the secondary mortgage market than best efforts locks because fewer hedge costs are associated with mandatory mortgage locks. Because the buyer 𓃲can be (almost) certain that the loan amount will be repaid, they need not take measures to mitigate the risk of defaul🍸t.

Benefits and Risks of Be🍰st Efforts Mortgag♏e Locks

Several types of organizations buy mortgage debt on the secondary market, including institutional investors, 澳洲幸运5开奖号码历史查询:pension funds, insurance companies, and hedge funds. For these buyers, best efforts mortgage loc🌠ks and mandatory mortgage locks represent different levels of risk.

Mortgage originators that hedge their own mortgage pipelines and assume fallout risk usually sell their mortgages into the secondary mortgage market through mandatory mortgage locks or assignment of 澳洲幸运5开奖号码历史查询:trade transactions. Because mandatory mortgage locks and assignment o🐓f trade transactions do not transfer 🌳hedge risks to the buyer, they generally command better pricing on the secondary market than best efforts mortgage locks.

A mandatory mortgage lock carries more risk for the mortgage seller than the best efforts mortgage lock. Additionally, whereas the mandatory mortgage lock requires that the mortgage be delivered or paired-off out of the trade, the best efforts mortgage lock doesn't. In practice, this means that with a best efforts mortgage lock, the risk is carried by the buyer, whereas a mandatory mortgage lock carries risk for the seller.

Important

Best efforts mortgage locks shift risk away from the s🔴eller of mortgages on the secondary market, and mortgages with this kind of lock are, therefore, less costly for bu♋yers because they assume more risk.

What Is a Best Efforts Mortgage Lock?

A best efforts mortgage lock is a type of sale of a mortgage into the secondary mortgage market. Under a best efforts commitment, the originator agrees to make a genuine attempt to deliver a particular loan with a spe๊cified note rate, term, and dollar amount within a certain period of time.

How Does a Best Efforts Mortgage Lock Work?

Best efforts commitments are made on a loan-by-loan basis. One loan cannot be 🐠substituted for another. If the borrower closes on the loan, then the originator typically must deliver that loan to the secondary market buyer. However, if the loan doesn’t close for any reason—for example, if the borrower doesn’t qualify or backs out of the loan—then the investor simply cancels the lock-in without any financial penalty.

How Does a Best Efforts Mortgage Lock Differ From a Mandatory Mortgage Lock?

Mandatory mortgage locks carry a higher risk beca🌺use if the seller fails to come through with the mortgage, they mu𒁃st pay a fee, whereas there is no pair-off fee for the seller who fails to deliver the best efforts mortgage.

The Bottom Line

A best efforts mortgage lock doesn't carry the same financial risk for a mortgage seller as a mandatory mortgage lock does. Plus, a best efforts mortgage lock doesn't require the mortgage to be delivered or paired-off out of the trade. Ultimately, the buyer carriers most of the risk.

Article Sources
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