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Mortgage Rate Lock

A mortgage rate lock is a lender's commitment to hold a quoted interest rate, and the points that go with it, for a stated period ending at a stated date and time. Regulation Z does not require a lender to offer one, but it does require the lender to say whether the rate is locked and exactly when the lock runs out.

Last reviewed by Steven Fox, CFP®, EA on

Quick Summary

  • Rate Lock is a mandated label on the Loan Estimate, not just a market phrase. The form must say whether the rate is locked and, if so, the date and time the period ends, including the time zone.
  • Where the rate was not locked when the Loan Estimate was issued, a later lock is an enumerated reason the lender may revise the points and lender credits.
  • A revised Loan Estimate is due no later than three business days after the day the rate is locked.
  • The lock date, not the closing date, is when the loan's rate is measured against the market benchmark that decides whether it is a higher-priced mortgage loan.
  • Regulation Z sets no minimum or maximum lock period and does not regulate lock or extension fees. Those are terms of the agreement with the lender.

Definition

A mortgage rate lock is an agreement by a lender to hold a specified interest rate, and the points and lender credits quoted with it, available to a borrower until a stated expiration, provided the loan closes by then and the facts do not change. It exists because a mortgage takes weeks to close and rates move daily, so without a lock the price agreed at application is not the price at consummation.

Regulation Z treats the lock as a disclosure rather than a product it regulates. 12 CFR 1026.37(a)(13) requires "a statement of whether the interest rate disclosed … is locked for a specific period of time, labeled 'Rate Lock'", and where it is, "the creditor must provide the date and time (including the applicable time zone) when that period ends." The statement must be accompanied by a warning "that the interest rate, any points, and any lender credits may change unless the interest rate has been locked", and by the date and time at which the estimated closing costs expire. What Regulation Z does not do is require a lender to offer a lock, prescribe how long one must run, or set the price of locking or extending. Those are contract terms between borrower and lender.

Advanced Explanation

The precision is the tell. Regulation Z rarely asks for a time zone. Requiring the lock's expiration to the hour, and naming the zone, is an acknowledgment that this is a market price with a shelf life measured in days, and that a dispute about whether a lock had expired would otherwise turn on whose clock was being read. The same paragraph requires a separate expiration date for the estimated closing costs, so two clocks can be running at once on the same form and they need not end together.

What the lock fixes, first: the figures the lender may still revise. A creditor may use a revised estimate in place of the original for certain enumerated reasons, and one of them is exactly this situation. 12 CFR 1026.19(e)(3)(iv)(D) lists as a changed circumstance that "the points or lender credits change because the interest rate was not locked when the [Loan Estimate] … were provided", and then imposes a deadline: "no later than three business days after the date the interest rate is locked, the creditor shall provide a revised version of the [Loan Estimate] … with the revised interest rate, the points disclosed pursuant to § 1026.37(f)(1), lender credits, and any other interest rate dependent charges and terms." So an unlocked quote is explicitly provisional as to price, and locking converts it into a document the lender owes the borrower a corrected version of within three business days. A borrower who locks and receives nothing in writing within that window is missing a disclosure the regulation requires.

What the lock fixes, second: the date the loan is judged against the market. Several consequential tests in Regulation Z are measured not at closing but at the moment the rate is set. The Official Interpretations put it directly: "a transaction's annual percentage rate is compared to the average prime offer rate as of the date the transaction's interest rate is set (or 'locked') before consummation", and where the rate is set more than once, "the creditor should use the last date the interest rate is set before consummation" (comment 35(a)(1)-2). That comparison is what decides whether a first-lien loan on a principal dwelling is a higher-priced mortgage loan, and higher-priced status carries two concrete consequences: an escrow account must be established before consummation (12 CFR 1026.35(b)(1)), and a prepayment penalty is not permitted at all (12 CFR 1026.43(g)(1)(ii)(C)). The same date also fixes which conforming loan limit applies, since 12 CFR 1026.35(a)(1) measures the principal obligation against "the limit in effect as of the date the transaction's interest rate is set". Locking in late December rather than early January can therefore change which threshold the loan is tested against.

What the lock fixes, third: an expiration, with what happens after it left to the contract. If the loan does not reach consummation before the lock ends, the rate is no longer committed. Whether an extension is available, what it costs, and whether the borrower may take a lower rate if the market has fallen, a feature usually sold as a float-down, are all matters of the lock agreement. Regulation Z fixes none of them, and published figures for extension pricing come from lender marketing rather than from any source that can be checked, so the only reliable answer is the one in the agreement in front of you.

The practical asymmetry worth naming. A lock protects the borrower against a rising market and removes the benefit of a falling one, unless the agreement says otherwise. That is not a criticism of locks; it is what buying certainty means, and it is the same trade a fixed rate makes over thirty years rather than over thirty days. The decision is about how much delay risk sits between the quote and the closing table, and delay risk is largely a function of the things the underwriting, the appraisal and the title work can turn up.

How to Remember

A lock is a price with a timestamp. It fixes what you pay, it fixes the date the loan is measured against the market, and it fixes the hour it all stops being true.

Used in a Sentence

“The confirmation set Dev's mortgage rate lock to expire at five in the afternoon, Pacific time, on the thirtieth day, so the loan had to close before then to keep the quoted rate.”

How It Works

A borrower applies and receives a Loan Estimate. If the rate is not yet locked, the form says so on the Rate Lock line and carries the warning that the rate, the points and any lender credits may change. The borrower and the lender then agree a lock, usually for a stated number of days chosen to cover the expected time to close. The lender confirms it in writing with an expiration date and time. Within three business days of the lock, the lender must deliver a revised Loan Estimate showing the new rate, the new points figure, lender credits and any other rate-dependent terms. The loan then has to reach consummation before the expiration, or the parties have to agree an extension.

A hypothetical example. Amira's original Loan Estimate shows the Rate Lock line as no, with a rate of 6.75% and no points on a $400,000 loan. Two weeks later she locks at 6.875% with 0.5 points. Half a point is half of one percent of the loan amount, so $400,000 × 0.005 = $2,000 payable at closing.

Because the points changed for the specific reason that the rate was not locked when the original form was issued, this is an enumerated changed circumstance, and the lender must give her a revised Loan Estimate no later than three business days after the lock date, showing 6.875%, the $2,000 of points and any lender credits. That revised form, not the original, becomes the baseline her Closing Disclosure will be compared against.

The lock date does one more thing she cannot see on the form. Whether her loan is a higher-priced mortgage loan is decided by comparing its annual percentage rate to the average prime offer rate as of the day she locked, not as of closing, and if the loan crosses that line an escrow account becomes mandatory and no prepayment penalty may be charged. Figures are illustrative.

Pros and Cons

Pros

  • It converts a quote into a commitment for a defined period, which is what makes a rate quoted six weeks before closing worth anything.
  • The expiration must be disclosed to the date, time and time zone, so there is no ambiguity about when the commitment ends.
  • Locking triggers a revised Loan Estimate within three business days, giving the borrower the new price in the prescribed format rather than in an email.
  • It fixes the date the loan is measured against the market benchmark, which can work in the borrower's favor where that measurement makes escrow mandatory and bars a prepayment penalty.

Cons

  • It removes the benefit of a falling market unless the agreement includes a float-down, which is itself priced.
  • Locks expire, and a delay in underwriting, appraisal or title can push closing past the expiration through no fault of the borrower.
  • Extension terms and any lock fee are contract matters with no federal benchmark, so they cannot be compared against a published standard.
  • A longer lock generally costs more, so the borrower is pricing an estimate of how long their own closing will take.
  • Nothing requires a lender to offer a lock at all, or to lock at the moment the borrower asks.

People Also Asked

Answers to the most frequently asked questions.

Does a rate lock guarantee my interest rate?
It commits the lender to that rate for a defined period, provided the loan closes within it and the facts the quote relied on hold. It is not unconditional: a material change in the loan amount, the product, the property or the borrower's qualifications can re-price it, and the lock ends at the date and time on the disclosure. Regulation Z requires that expiration to be stated including the time zone, at 12 CFR 1026.37(a)(13).
What happens if my rate lock expires before closing?
The committed rate ends and the loan is priced at whatever the lender is then offering, unless you extend. Whether an extension is available and what it costs are terms of the lock agreement rather than anything federal law prescribes, which is why the answer differs by lender and why the agreement is the document to read. If rates have fallen, whether you can take the lower one depends on whether your agreement includes a float-down feature.
Should I lock my rate or float it?
That is a judgment about delay risk rather than about forecasting, since nobody can tell you where rates will go. The questions that can be answered are how long your closing realistically needs, given underwriting, the appraisal and title work; what a lock of that length costs against a shorter one; and how much a rate increase would change the payment you can carry. Locking buys certainty and gives up the upside of a falling market.
When must my lender send a new Loan Estimate after I lock?
No later than three business days after the date the rate is locked. 12 CFR 1026.19(e)(3)(iv)(D) treats a change in points or lender credits caused by the rate not having been locked when the original form was issued as a changed circumstance, and requires a revised Loan Estimate showing the revised interest rate, the points, lender credits and any other rate-dependent charges and terms. That revised form becomes the baseline for comparison at closing.
Does the day I lock affect anything besides my rate?
Yes, and it is not obvious from the paperwork. The date the rate is set is the date the loan's annual percentage rate is compared to the average prime offer rate to decide whether it is a higher-priced mortgage loan, and it is also the date used to test the loan amount against the conforming loan limit then in effect. Higher-priced status makes an escrow account mandatory and bars a prepayment penalty, so the lock date can change the terms you end up living with.

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