Part 38.6(a) indicates that "prior to taking any points or a lock-in fee, a mortgage banker or exempt organization must provide the applicant with a lock-in agreement....."

If an institution does not take any points or lock-in fee, do they still need to provide the applicant with a lock-in agreement as indicated by this part? Does the collection of a fee, drive the requirement for providing the written agreement?

The most current version of a popular Residential Mortgage Lending Manual states: Limitations on lock-in agreements arise ONLY if the mortgage banker or exempt origanization collects points or a lock-in fee prior to the issuance of a commitment.

I believe that this means the collection of the fee drives the necessity of giving the disclosure. However, I remember licensing requirements to be very difficult in New York and would suggest obtaining a legal opinion before making a final decision.
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The opinions expressed here are not be be construed as legal advise or a reflection on my employer.