Short Sales: How Do Short Sales Work and Why are Short Sales So Prevalent?

Short Sales: How Do Short Sales Work and Why are Short Sales so Prevalent?

I hope the below overview helps you understand the short sale process.

What is a Short Sale?:

A Short Sale, also known as a pre-foreclosure sale takes place when a homeowner needs to sell his or her home because they may be having a hard time making payments or are required to move and can't sell the property due to market conditions. If a full foreclosure process is executed, the homeowner will experience severely ruined credit. By conducting a Short Sale, the homeowner can reduce losses while having a easier time rebuilding credit. Homeowners in a Short Sale situation must seek out potential buyers at a price that the market can bear, not what is owed on the property.

When the buyer and seller are brought together, the first step is to decide on a fair price for the home. Often times the price can be 5-15% below market in order to generate sales activity in order to expedite an offer to purchase. The buyer will typically offer a settlement amount for less than what is due on the mortgage. Most Short Sale home sellers do not receive any net profits from the sale of the property because all of the funds are used to pay off the debt.

If the buyer and seller can agree on a price, they will enter into a contract. This should be prepared by a knowledgeable short sale Realtor and short sale transaction coordinator for the protection of both parties.

Approval by Bank:

Though the buyer and seller agree to the sale, the bank must approve the final price, market value of the property and terms. A Short Sale package outlining the settlement offer is sent to usually to several departments at the bank but will finally end up given to the head of the loss mitigation department. The bank's lawyers, REO manager or case managers will review the offer and determine whether or not the amount of the price is sufficient to negotiate down the mortgage balance. The bank will speak with its investors in an effort to secure approval for the Short Sale. Realtors and transaction coordinators often spend 3-4x more effort to close Short Sales for their clients. Short Sale sellers need to be committed to the process and their service providers. Sellers must also be very PATIENT with the process.

The likelihood of success will rely on many factors but mostly; the real estate market, the value of the property and the mortgage balance. Be prepared for a slow process- banks are very slow about getting back to buyers and sellers. Agressively pricing a home for sale is important in the beginning in order to quickly secure a purchase offer and commence the liquidation process. Banks sometimes take up to 6 months before giving an answer. If the bank agrees to the sale, that's when the ownership transfer starts to finalize.

Tax Implications:

Sellers should consult a tax attorney prior to listing a property for sale. You may have to pay taxes on the amount of the mortgage that was forgiven because of the short sale. In many situations, that will not be the case and tax laws have changed to make it easier for sellers to sell. You will want to know this information before deciding on a course of action. If you are the buyer of the property, you should rely on your Realtor to find out the status of the property: Many homes have hidden liens against them because of second and third mortgages. As a buyer you will want to have a clean title and the best way to do that is to work with a short sale Realtor.

Why are Short Sales so Prevalent?:

With the Wall Street initiated financial crisis came a collapse in housing prices. In some regions of the country property values tumbled 50%, cutting the homeowner equity in half.

Prior to the financial crisis, many homeowners utilized home equity loans and cashout refinance transactions to pay for many of lifes expenses. Some used the cash to improve their properties and others to buy material goods. Regardless of the reason, millions of homeowners drew down much of the equity in their homes. As a result homeowners ended up with too much debt and little to no equity. This impacted millions of homeowners across the country which has been the primary reason for so many foreclosures. Because so few homeowners understand Short Sales, they have been guided to take the less desirable path of foreclosure- it doesn't have to be this way.

If you would like more information regarding Illinois Short Sales, please call (847) 873-7295

 

 

 

QRM. Is 20% Down Being Pushed By The Big Banks?

Ahead of the Curve - Fast Finance Perspectives 
 (ok to use topics for your personal enewsletter)

1) QRM: The 20% Down Payment Regime
2) Best Spring Start Since 2007

1)  QRM- Quality Residential Mortgage. The 20% down payment mandate for lenders that can't hold at least 5% of a conventional home loans liability. This would dibilate about 80% of the 1200 mortgage bankers in the U.S.   

QRM (Dodd-Frank) states that if a lender makes a conventional loan with less than 20% down payment, the lender would be required to maintain 5% of the loans liability. The concern is that smaller community banks and lenders wouldn't be able to maintain the reserves compared to larger publicly traded (stock funded) banks.

Wells Fargo campaigned for 5% liability on loans with less than 30% down in an attempt to increase requirements. This was an obvious attempt to impinge on smaller lenders. QRM does not apply to FHA or VA at this time. QRM rules are still evolving.
Is this rule redundant? Mortgage insurance has been available to protect banks faulty low down payment loans, and loan buyback requirements are in place to capture the remainder of the risk.

Low down payment as shown by the performance of zero down USDA, zero down VA and 3.5% down FHA are not the problem, debt ratios, faulty underwriting and low credit scores are.

2) The Spring market has kicked off and I'm starting to feel the velocity pick up quickly- thank goodness! The last six weeks have resulted in a triple in purchase preapprovals from the first quarter of 2010. Candidly, December and January seemed like a repeat of a down 2008-10 but the second half of Jan 2011 hit with a breakout in purchase preapprovals.

It appears that buyers (most) have a better respect for the preapproval and up front paperwork requirements.

80% of the healthiest buyers, that I've dealt with in the last six weeks have been glad to submit a full preapproval package. This seems to be mostly due to a better job buyer Agents are doing coaching their buyers about the requirements of a strong preapproval.
Every buyer should have a full preapproval- save your valuable gas and time by avoiding prequals whenever possible. 
   
KUDOS to the agents that are emphasising quality and certainty from their buyersides.
Please feel free to use the above information in your enewsletters. If you need more topics, please call me. Here to help fund and close your transactions.    
As always, staying ahead of the curve to keep you informed.

Gil Kerbashian
NMLS 197757
Residential Lending Since 1997
(847) 873-7295 

FHA Credit Score Changes Coming

In February we were still funding loans down to a 580 credit score, now its 620 with most lenders. Some lenders are taking score requirements up to 640 and 660. The lending process is moving back to its technical book procedures. The changes are good because those that are buying now shouldn't experience defaults, and bad because many buyers aren't prepared for the rapid changes.

Regarding verifying down payment - Important: Any underwriting unit can ask for bank statements and official verification of deposits in tandem for the last 60 days up and through closing. NOTE: Any large deposits going into the account will need to be fully sourced, even if its a large deposit going into a giftors account. Cash deposits are not allowed. WHY?...

Recently there has been a slew of sellers kicking back the down payment to buyers in order to off-load properties. This has caused a tightening of down payment verification. Please take a moment to read the link at

http://gilkerk.realestateloans.com/fha-gift-letter/2009/05/07/i-need-to-make-a-home-loan-application-help.html

Mortgage Disclosure Improvement Act

Mortgage Disclosure Improvement Act – 2 Months Early

by Richard Triplett, CMB

Effective on July 30, 2009, some of the provisions in the final rule for revisions to the Truth-in-Lending Act (TILA) become effective – 2 months earlier than the original date of October 1, 2009. The specific provisions effective by this “new” rule implement the Mortgage Disclosure Improvement Act (MDIA).

How did this happen? The final rule issued by the Federal Reserve Board on July 30, 2008 regarding the Truth-in-Lending Act and Home Ownership Equity Protection Act has an effective date of October 1, 2009. On July 30, 2008, Congress enacted the Housing and Economic Recovery Act which included provisions regarding MDIA. On October 3, 2008, Congress enacted the Emergency Economic Stabilization Act which amended MDIA. On May 8, 2009 the Federal Reserve Board approved final rules to implement the provisions of MDIA, as amended by the Emergency Economic Stabilization Act and applied an effective date of July 30, 2009. MDIA amends TILA, codifies early disclosure requirements and expands regulatory provisions. Confused yet?

The requirements that become effective for all loan applications received on or after July 30, 2009 are detailed below. These requirements are not applicable, and there have been no changes at this time to Home Equity Lines of Credit requirements. Additionally, MDIA requires additional language for adjustable-rate loans; however, this provision is still forthcoming by the Federal Reserve.

Initial Fee Restrictions – collection of fees from a mortgage applicant are limited to a reasonable credit report fee prior to the issuance of early disclosures. Although the industry was preparing for this requirement due to TILA changes effective October 1, and the RESPA final rule, it is being applied early based on MDIA. This is one of the fairly significant changes of MDIA that will require a change in policy and potentially revisions to advance fee disclosures for lenders and brokers.

Early Disclosures – though nothing is changed in terms of initial timing of the disclosure (3 business days from application), the issuance of the initial TIL Statement now extends to “any extension of credit secured by the dwelling of a consumer”. It has been my experience that for the most part, lenders and broker alike have generally been issuing the TIL Statement in accordance with this requirement already. However, there are new requirements in terms of disclosure timing versus consummation, covered below. Keep in mind that “business days” referenced for early disclosures is based on a general definition of business days, which is a day in which the

creditor’s offices are open to the public for carrying on substantially all of its business functions. The business day definition differs on the requirements for the waiting periods prior to consummation.

No Requirement to Complete Statement – early disclosures and subsequent disclosures must contain a clear notice stating “You are not required to complete this agreement merely because you have received these disclosures or signed a loan application”. This language is already required on high-cost loan disclosures, but now applies to any extension of credit secured by the dwelling of a consumer.

Seven Business Days Prior to Consummation – MDIA requires a seven business day waiting period prior to consummation from delivery or mailing of the TIL Statement to the consumer prior to consummation. This timing begins when a creditor mails or otherwise delivers the TIL Statement to the consumer. It is not based on receipt date or assumed receipt date by the consumer but rather mailing or delivery by the creditor. For purposes of both this seven-day waiting period and the three-day waiting period (indicated below), “business day” is defined as meaning all calendar days except Sundays and legal holidays. This is a significant change particularly for wholesale lenders. As a wholesale lender, I would recommend you review your processes and procedures to determine whether (based on the way you do business) the mortgage brokers in which you do business will or will not meet the definition of creditor under TILA.

Remember the timing starts from the issuance of the TIL Statement by the creditor. This is likewise a significant change due to MDIA requirements.

Three Business Days Prior to Consummation – Although creditors are already required to re-disclose the TIL Statement to a consumer when the APR is out of tolerance under TILA, it is typically done at the time of consummation. MDIA now changes this to a three business day time period prior to consummation using the definition of business day the same as the seven day waiting period. In this case, the consumer must receive the re-disclosed TIL Statement prior to consummation. Additionally, in this case, until you have receipt of a TIL Statement within this three-day time period prior to consummation by the consumer that is not out of tolerance, you must re-disclose until this requirement is met. This is also a significant change to the issuance of the TIL Statement.

Time Shares – for time share transactions, the early disclosure requirements apply but the seven-day and three-day waiting periods do not apply. The timing on early disclosures for time shares is applicable based on the receipt of the consumer’s application or before the credit is extended. Subsequent changes to terms beyond tolerance for time shares can be disclosed no later than consummation.

Waiver of Seven and Three-Day Waiting Periods – both the seven-day and three-day waiting periods regarding TIL Statement disclosure can be shortened or waived if the extension of credit is necessary to meet a bona fide personal financial emergency. If subsequent to this waiver the TIL Statement is again out of tolerance, the waiver is no longer effective. Once the TIL Statement is redisclosed again, if necessary, a waiver must be requested again. In order to request this waiver, a pre-printed form cannot be used. The consumer must prepare a dated written statement, signed by each consumer that will be legally obligated and entitled to receive the TIL Statement, detailing the specific emergency and specifies that request for waiver of the waiting period. This waiver should follow the regulatory requirements for waiving rescission rights and waiving a waiting period prior to consummation of a high cost loan under HOEPA.

The Board of the Federal Reserve has also indicated a future proposal containing model disclosures and clauses regarding closed-end credit.

Disclaimer: The information presented in this article represents the opinion of the author and not that of AllRegs. This article is not meant to be nor should it be construed as advice of legal counsel. The applicability of the information contained herein will vary based on the nature of each lending institution's business, under what law it was created, and its loan products and procedures. Readers are strongly urged to consult with their legal counsel and/or contact local counsel as appropriate in the various states and jurisdictions to determine the applicability of the materials contained herein to the specific facts and circumstances of each organization's programs and products and to identify other law applicable to its business operations. The information contained herein was not reviewed or approved by counsel in the respective jurisdictions.

Read Previous articles in our Article Archive.

Above article written by Richard Triplett, CMB  ALLREGS

FHA : What are Origination and Discount Points?

Definition of a "Point": A "Point" is a financial term used in the mortgage business to represent a percentage of the loan amount. One Point would be 1% of the loan amount, two Points would be 2% of the loan amount, so on and so on.

Origination points: Points charged to originate a mortgage loan. FHA allows a maximum of 1 point to be charged on FHA insured transactions.

Discount points: Points charged by the broker or lender to obtain a specific rate. To "buydown" a rate from 5% to 5.25% may cost 1 discount point.

Origination and discount points are labelled as such and must segmented into their own categories on the Good Faith Estimate.

Discount points DO NOT count towards the minimum statutory committment amount.

 

Negative Home Equity? Fannie Mae 105% Refinance Coming Soon

 

The new Fannie Mae refinance program will be offered to homeowners struggling with negative equity and high mortgage rates. Negative equity exists when a homeowners mortgage balance exceeds the property's current value.

The program was developed to assist these "upside down" homeowners take advantage of today's historically low rates. Soon, tens of thousands of homeowners that couldn't refinance due to declining home values may be able to refinance as long as their loan is "held" by Fannie Mae.

This new refinance program may also be referred to as the Fannie Mae streamline refinance.

Here are some highlights about the program:

-Approved to 105% of the property's value

-Full income documentation

-Possibly no appraisal depending on area, credit scores, type of property, date of purchase, etc.

-Must be a Fannie Mae loan

-Borrower or lender must check to see if the loan is with Fannie Mae

-Fico pricing adjustments still impact the borrowers loan fees

-2nd mortgages must be subordinated, so ask the 2nd mortgage lender approval before starting

I'm not sure at this point if there will be any additional fee/pricing add-ons.

What are FHA Closing Costs?

1) What Are Home Purchase Closing Costs?
2) Two New Levels of Expanded Approvals For FHA: Enhanced FHA Program for Borrowers With Strong Credit
youtube.com closing cost video

Gil's YouTube video on closing cost breakdown (virus safe)
1) Homebuyer asks you: What's my downpayment and closing costs? Downpayment for an FHA loan is 3.5% but what are closing costs?
Calculating home loan closing costs can be pretty stressful when you're writing up a deal and aren't able to call an LO.
I've created a simple pdf form that breaksdown all closing costs in a home purchase transaction. You can click into the below link and save the pdf to your desktop in order to give to home buyers or use whenever you need.
www.realestateloans.com/gfe.pdf    (virus safe)
2) Expanded approvals for home buyers and I'm offering them now..

Example: Borrower makes $5000 a month in income with $600 a month in credit debts (car, student, etc).

How much home can the above borrower buy with various FHA overlays?:

Regular book FHA: $175,000
Big Bank FHA: $197,000
Gils Expanded FHA: $257,000

Don't let your borrower lose the bigger deal because the bank is afraid to lend. Economy is improving and we're bright on the future.

Lock Out Periods for BK's and Foreclosures

Ahead of the Curve - Fast Finance Perspectives
 (ok to use topics for your personal enewsletter)
 
 
1) Seasoning Requirements After a Major Financial Hardship
2) Inside Job the Movie: LINK TO TRAILER
3) Real Vs Nominal Housing Prices: 1890-2010: LINK TO GRAPH
4) Postcard Campaign
 
1) Since late 2008 and the reorganization of the lending guidelines commenced, I've had many inquiries from Realtors and their prospective buyers who’ve wanted to get into a new home or BACK into home ownership.
 
What I wanted to share with you is a current (as of today) overview of how long certain negative things need to be “seasoned” before different types of mortgage financing can be offered.
 
Bankruptcy:
 
The two most common types of bankruptcy (BK) are the Chapter 7 (liquidation) and the Chapter 13 (reorganization).
 
FHA will need a Chapter 7 BK to be dismissed 24 months.  Someone who is in a Chapter 13 and is in the process of repaying their debts can qualify for a FHA loan after 12 months of proof of repayment, no “lates” on anything on their credit report AND “permission from the court”.
 
FNMA/Fannie Mae after a Chapter 7 is allowed after 48 months from the discharge/dismissal date.  A two-year waiting period is allowed if certain ”extenuating circumstances” can be documented.  The lock-out time may be extended to 7-10 years if there is more than one BK on the clients credit.
 
FHLMC/Freddie Mac will generally require a borrower to have waited 7 years unless either “extenuating circumstances” can be met then its 24 months. Lenders aren't too accomidating with shortened timelines right now. 
 
The US Department of Veterans Affairs will allow an eligible Veteran to qualify for a VA loan typically two years after discharge date of a Chapter 7 BK.  There are guidelines that VA spells out for a Veteran to qualify between 1 and 2 yrs after discharge date according to Chapter 4 of the VA Lender Handbook:  if both of the following are met
 
borrower and/or co-borrower have reestablished satisfactory credit, and the bankruptcy was caused by circumstances beyond your and/or your spouses control (such as unemployment, medical bills, etc.)
 
Another situation for a determining that an applicant is a satisfactory credit risk is in situations where the BK was caused by failure of a business of a self-employed applicant and:
 
the applicant obtained a permanent position after the business failed, there is no derogatory credit information prior to self-employment, there is no derogatory credit information subsequent to the bankruptcy, and failure of the business was not due to the applicant’s misconduct.
 
For Chapter 13 BK’s the 2 situations outlined that may conclude a VA lender to extend credit are:
 
Satisfactorily making at least 12 months of payments, “permission from the court”, finishing all payments satisfactorily.
 
Foreclosure
 
FHA requires a 36 months seasoning
 
Fannie Mae and/or Freddie Mac require 7 years from the completion of the Foreclosure for the Date of the credit pull for the new loan.  The old “between 5 and 7 year rule” was changed effective October of 2010.  Now there is a 3 yr “extenuating circumstance” rule (90% LTV for a primary residence) with Fannie Mae and its at only 2 yrs with Freddie Mac.  
 
VA follows their guidelines for a Chapter 7 BK with the request that the complete facts of the circumstances for the Foreclosure be submitted AND if the Foreclosure was on a VA loan note that “full entitlement” will not be available for the new loan.
 
USDA generally requires 36 months OR if after 12 months, reestablished credit and an underwriter “waiver”.  This is completely up to the discretion of the u/w.
 
Short Sale
 
A Short Sale is an option of a homeowner selling a home for less than the balance on their current mortgages and the mortgagee agrees to a reduced payoff.  The bank’s decision to allow a Short Sale is typically in lieu of the foreclosure process. This process and agreement does not necessarily release the homeowner from the obligation to pay the remaining balance of the loan known as the DEFICIENCY.
 
FHA requires 36 months in most situations.  If CERTAIN GUIDELINES are met that follow Mortgagee Letter 09-52… the homeowner could qualify for an immediate purchase.  Did you catch that… RIGHT AWAY.  This is an important guideline change that is often misunderstood.
 
Fannie Mae guidelines right now require a 72 month seasoning for FULL ELIGIBILITY.  After 24 months… a borrower could qualify with at least 20% down and after 48 months the maximum LTV is 90%.  Their “extenuating circumstances” rule may allow someone to only have to put 10% down in as little as 2 yrs.
 
Freddie Mac is sticking to their 48 month seasoning… or 24 months if their ”extenuating circumstances” guidelines can be proven/met.
 
VA guidelines that we’ve seen have looked very similar to FHA’s above;  36 months OR if after 12 months and fitting the similar new guidelines of ML 09-52.
 
USDA generally requires 36 months OR with the right underwriter’s “waiver” and approval.
 
Did you get all that?  Its pretty crazy and you can see that things are VERY DIFFERENT now and the job of a “mortgage guy” (and a Realtor) is to know more than just “what’s the rate and fees”?  These guidelines are effective TODAY and have changed a few times in the past year.
 
We have to educate consumers who are current home-owners that are in tough situations (ask me about the “Upside Down Playbook”) along with shoppers who have fallen into Hardships.  The toughest part of our jobs right now is telling people what they NEED TO KNOW and not just what they WANT TO HEAR.  The hope is that the knowledge from the paragraphs above will help you shine and win more referrals and future business.
One big TAKE AWAY is that with Conventional Financing’s standard guidelines… if a customer WALKS (strategic default) on their home and lets it go into a Foreclosure they’ll have to wait SEVEN YEARS to get a loan.  If they work with a trained REO Realtor to structure a Short Sale they could only have to wait 2 years or possibly qualify IMMEDIATELY with an FHA loan. 
Partnering with a good, educated LO can make all the difference.
 
4) Co-op postcard mailer campaign working well and available for my business partners. Start reinforcing your name with clients today! Call or email to find out more.
 
 
Please feel free to use the above information in your enewsletters. If you need more topics, please call me. Here to help fund and close your transactions.   
 
Personal email: gilkerk@yahoo.com
 
As always, staying ahead of the curve to keep you informed.

FHA Mortgage Insurance Chart

FHA Mortgage Insurance Premium Chart

UFMIP = 1% Upfront Annual Premium Tacked onto Base Loan for Regular Purchase and Refinances

Loans Greater Than 15 Years

< 95.00% Loan to Value: *85 bps **110 bps

> 95.00% Loan to Value: *90 bps **115 bps

Loans Less Than 15 years 

< 90.00% Loan to Value: *No charge at this time **25 bps

> 90.00% Loan to Value:  *25 bps **50 bps

*For case numbers assigned on/before April 17, 2011

**For case numbers assigned on/after April 18, 2011

Chase and Quicken "Preapproved" The Borrower. Really?

Ahead of the Curve - Fast Finance Perspectives 
 (ok to use topics for your personal enewsletter)
 
 
1) Chase and Quicken "Preapproved" the Borrower. Really?
2) Importance of Looking at Bank Statements During Preapprovals.
3) 203ks Only Offered to Reinforce Regular FHA Deals
4) Postcard Mailers for Top Producers
5) Android and Iphone Users: The BUMP App
 
Next week: Trustee sales, foreclosure, short sale and bankruptcy home buyers and their seasoning requirements. First real wave of BK's started in 2008. They're-a-comin for homes soon but are they ready? You can help with up-to-date information.
 
 
1)  Borrower called me looking for an FHA rehab loan. He stated that he had been preapproved by Chase and Quicken for a regular FHA purchase but was recommended to me for more information.
 
Preapproved? I asked questions and found that his fiancee/co-borrower was receiving child support for $1600 a month. Both Chase and Quicken used the child support income to prequalify the loan. Problem was that the child support was not ongoing for 3 years. Half of the child support income was stopping in one year and the other half stopping in 2 years.
 
Child support needs to be ongoing for three years in order to count towards income. Keep your fingers crossed for the listing agent that gets this offer and prequal letter.
 
2) I recently did a preapproval for a buyer that gave me his credit union statement from Dec of 2010. He stated he couldn't find his most current ones. After three weeks of requests I finally got the most recent credit union statement and it showed a new car loan being debited. The car loan did not show up on the credit report because the credit union did not report it.
 
Here's a stat that has held true for me for the last 14 years. 85% of loan applicants do things properly. The other 15% cause a great deal of mishap because they are disorganized or illintentioned.
 
GOD BLESS the 85%!
 
3) I get a lot of calls every month for the 203k(s) rehab loan. I'm only able to take 2-4 a month due to the excessive workload and handholding (anywhere from 30-70 hours on each file). Starting this month, I'm only accepting these loans for situations where: I have the borrower preapproved, they are looking for a regular FHA, they found a home that can't go regular FHA due to repairs, the loan is a minimum of 150k, and they want to convert to the 203ks because they love the home.
 
4) Only about 20% of past home sellers or buyers used their original agent. Why? Could be because the Agents are not staying intouch with old clients. Postcards are easy and quick and I'm sending out about 200 a week. Call if I can help with your next campaign.
 
5) Smart phone users: Download "bump" as an app and you can exchange contact information with other smart phone users with a simple bump of phones.

Cash / Mattress Money is a Deal Killer

- Cash / Mattress Money is a Deal Killer-

AHEAD OF THE CURVE ARTICLE BELOW

Below is a list of my top programs that should be in every agents resource
folder:

-FHA closed on time: [http://www.realestateloans.com/fhadonewell.pdf]
[http://www.realestateloans.com/fhadonewell.pdf]
www.realestateloans.com/fhadonewell.pdf

-100% Rural Development: [http://www.realestateloans.com/usda.pdf]
[http://www.realestateloans.com/usda.pdf] www.realestateloans.com/usda.pdf

-$100 down for HUD owned homes:
[http://www.realestateloans.com/100hudhome.pdf]
[http://www.realestateloans.com/100hudhome.pdf]
www.realestateloans.com/100hudhome.pdf

-Deferred maintenance homes:
[http://www.realestateloans.com/uglyhomes.pdf]
[http://www.realestateloans.com/uglyhomes.pdf]
www.realestateloans.com/uglyhomes.pdf

-100% pre-approval to closing ratio:
[http://www.realestateloans.com/concierge.pdf]
[http://www.realestateloans.com/concierge.pdf]
www.realestateloans.com/concierge.pdf

-VA 100% financing:  [http://www.realestateloans.com/va.pdf]
www.realestateloans.com/va.pdf

-Home Buyer job protection mortgage:
[http://www.realestateloans.com/rainydays.pdf]
www.realestateloans.com/rainydays.pdf

CASH IS KILLING DEALS:

I recently had a borrower call me and state she deposited $6000 into her
bank account from an unsecured loan. Without telling the Realtor or myself
she used this money for the contract deposit. Some form of outside monies
has been interjected into four of the last ten deals I've done and the
borrowers did it after reading
[http://gilkerk.realestateloans.com/condominiums/2009/05/07/i-need-to-make-a-home-loan-application-help.html]
my home purchase introduction link which clearly states that cash and large
deposits should be avoided.

Why isn't cash allowed into a transaction? It's the borrowers money right?
Several obvious reasons: Patriot Act/Banking Laws, Drug Money, Cash
Laundering, Straw Buyer considerations, Under the Table Seller Concessions,
Realtor or Loan Office contribution, Unsecured/unreported loan, Gift from
an unacceptable source, etc..

Loan officers and Realtors should never allow or encourage customers to
deposit or use cash for ANY part of the transaction nor turn a blind eye if
they know a client is borrowing money from credit cards or personal loans.
This type of mistake will certainly cause problems and create needless
tension. Now more than ever, loan files are being looked at with a fine
tooth comb. More and more careful verifications are being done a day before
closing- be prepared and don't let your deal die for dumb reasons.

Remember, FHA case numbers follow these loans. If one underwriter declines
a loan, the disposition will follow that loan. Realtors and Loan Officers
must work closely to prevent problems from day one.

Please call me at (847) 873-7295 to discuss nuances. Here to help you get
homes financed.

Is your loan officer less responsive than you'd like? Cut yourself free
from bad service, poor communication and start enjoying incredible support
today.

Could your team use an updated presentation to get agents up-to-speed on
loan program changes? Lending is a huge part of transactional business,
consider  scheduling my lunch and learn for your team.

Gil Kerbashian

Mortgage Lending Since 1997

Gil's Loan Answer Hotline: (847) 873-7295

Gils Enews: Credit Scores

This weeks topic:
 
- Credit Scores -
 
(thank you to the agents that emailed topic suggestions last week)
 
Please email me your topic suggestions. Driving around dropping off fliers wastes gas, time and paper. Help me keep it Green, Clean and Current.
 
Update on current purchase transaction turn times:
FHA: 5 days to underwrite. (still time to close for the $8,000)
Conventional: 4 days to underwrite
FHA rehab: 15 days to underwrite
 
Gil's current loan closing performance stats:
100% ytd pre-approval letter to closing record
100% ytd rate quote to rate delivery accuracy record
97% ytd on-time closing record
89% ytd purchase to refinance loan ratio
Years of reliable and trusted service for purchase money financing.
 
What are some current loan process concerns right now?
1. Funds to close verification from buyers (no unsourced deposits allowed)
2. Debt to income ratios
3. Horrible loan pre-approvals on down-leg transactions
4. Low credit scores
Below is a list of my top 9 programs that should be in every agents resource folder: 
     Fast closing flyer:  www.realestateloans.com/fhadonewell.pdf  
    100% Rural Development:  www.realestateloans.com/usda.pdf  
    $100 down for HUD owned homes:  www.realestateloans.com/100hudhome.pdf  
    Deferred maintenance homes:  www.realestateloans.com/uglyhomes.pdf  
  Pre-approvals that close:  www.realestateloans.com/concierge.pdf  
  VA 100% financing:  www.realestateloans.com/va.pdf

My personal email for questions: gilkerk@yahoo.com
 
 
Ahead of the Curve
For Active Real Estate Marketing Professionals...
 
New Credit Score Requirements: Credit score requirements are now lender to lender specific. Due to default rates with certain lenders and secondary market requirements some lenders have been pushed to increase credit score requirements for their mortgages. You may want to proactively monitor your buyers to make sure they are matched with lenders that have an appetite for their credit score.
 
Recently, I've started seeing the introduction of three to four Tiers for FHA loans: 620, 640 and 660. You will see 660 minimums with a few lenders that have been hardest hit with mtg defaults and low FHA score card results. Some lenders are also overlaying the higher scores to protect their future FHA score card.
 
As most of you know, conventional lenders have already instituted risk based pricing on conventional loan programs. Risk based pricing is tiered towards both down payment and credit score. Prime rates are offered at scores starting at 720. You will see rate/fee increases when the score goes down in 20 point increments. 700-719 pricing, 680-699 pricing, 660-679 pricing, 640-659 pricing and so on down to the 620-639 floor.
 
Please take a look at the above flier on credit scoring. I'm supporting my Tier one agents and their buyers with credit score inhancement and rescoring.
 
 
Is the lending process burning you out? Is your loan officer slower than you'd like? Cut yourself free from bad service, poor communication and start enjoying incredible support today. Call if I can assist.
 
Could your team use an updated presentation to get agents up-to-speed on loan program changes? Lending is a huge part of transactional business, consider  scheduling my lunch and learn for your team.
 
Win over your listing presentations and let your listings professionally present themselves with a year of free TALKING HOME TOUR TECHNOLOGY. Call to sign up today. See the above flier for details.
 
 
 
Gil Kerbashian
Mortgage Lending Since 1997
Gil's Loan Answer Hotline: (847) 873-7295

 
 

 

FANNIE MAE'S NEW DEBT TO INCOME RATIO'S

Ahead of the Curve
For Active Real Estate Marketing Professionals...
Fannie Mae has implemented the new debt to income ratio for borrowers in conventional loans: Starting December 1st or thereabouts for most lenders, conventional loan total debt to income ratio's have been brought down to 45%. Up to this point the average TDTI has averaged in the low 50's.
NOW: 45% is the guideline for borrowers that put down 20% or more. For conventional loans with less than 20% down the ratio is restricted to 41%. Please see my above article on debt to income ratios for clarification of what a DTI is.
Why is this change important to real estate professionals? You have pending offers, pre-approvals and deals in the pipeline that currently have ratios above 45%. These deal may have problems closing. Take a moment to inquire about these offers or pre-approvals and make sure the home buyers will be able to close.
Please call me at (847) 873-7295 to discuss nuances. Here to help you get homes financed. 

The Story of Preditory Lending

America's Economic Collapse


Predatory Lending: A Decade of Warnings as Congress and the Fed Fiddled

May 25th 2009
Politics - Capitol Building at night

A little more than a decade ago, William Brennan foresaw the financial collapse of 2008.  As director of the Home Defense Program at the Atlanta Legal Aid Society, he watched as subprime lenders earned enormous profits making mortgages to people who clearly couldn’t afford them.

The loans were bad for borrowers — Brennan knew that. He also knew the loans were bad for the Wall Street investors buying up these shaky mortgages by the thousands. And he spoke up about his fears. “I think this house of cards may tumble some day, and it will mean great losses for the investors who own stock in those companies,” he told members of the Senate Special Committee on Aging in 1998.

It turns out that Brennan didn’t know how right he was. Not only did those loans bankrupt investors, they nearly took down the entire global banking system.

Washington was warned as long as a decade ago by bank regulators, consumer advocates, and a handful of lawmakers that these high-cost loans represented a systemic risk to the economy, yet Congress, the White House, and the Federal Reserve all dithered while the subprime disaster spread. Long forgotten

Congressional hearings and oversight reports, as well as interviews with former officials, reveal a troubling history of missed opportunities, thwarted regulations, and lack of oversight.
What’s more, most of the lending practices that led to the disaster are still entirely legal.

Growth of an Industry

Congress paved the way for the creation of the subprime lending industry in the 1980s with two obscure but significant banking laws, both sponsored by Fernand St. Germain, a fourteen-term Democratic representative from Rhode Island. Some 2.26 million people may lose their homes to foreclosure in the next two years due to subprime lending, says a recent report by the Pew Charitable Trusts.

The Depository Institutions Deregulation and Monetary Control Act of 1980 was enthusiastically endorsed by then-President Jimmy Carter. The act, passed in a time of high inflation and declining savings, made significant changes to the financial system and included a clause effectively barring states from limiting mortgage interest rates. As the subprime lending industry took off 20 years later, the act allowed lenders to charge 20, 40, even 60 percent interest on mortgages.

The other key piece of legislation was the Alternative Mortgage Transaction Parity Act, passed in 1982. The act made it possible for lenders to offer exotic mortgages, rather than the plain-vanilla 30-year, fixed-rate loan that had been offered for decades.

With the passage of the Parity Act, a slew of new mortgage products was born: adjustable-rate mortgages, mortgages with balloon payments, interest-only mortgages, and so-called option-ARM loans. In the midst of a severe recession, these new financial products were seen as innovative ways to get loans to borrowers who might not qualify for a traditional mortgage. Two decades later, in a time of free-flowing credit, the alternative mortgages became all too common.

The Parity Act also allowed federal regulators at the Office of Thrift Supervision and the Office of the Comptroller of the Currency to set guidelines for the lenders they regulate, preempting state banking laws. In the late 1990s, lenders began using the law to circumvent state bans on mortgage prepayment penalties and other consumer protections.

In the late 1980s and early 1990s, subprime loans were a relatively small portion of the overall lending market. Subprime loans carry higher interest rates and fees, and were supposed to be for people whose bad credit scores prevented them from getting a standard — or prime — loan. Consumer advocates at the time were mostly concerned about reports of predatory practices, with borrowers getting gouged by high rates and onerous fees. Congress responded in 1994 with passage of the Home Ownership and Equity Protection Act, or HOEPA.

The act, written by former Representative Joseph P. Kennedy, a Democrat from Massachusetts, created restrictions on “high-cost” loans, which were defined as having an interest rate that was more than 10 percentage points above rates for comparable Treasury securities. If points and fees totaled more than 8 percent of the loan amount, or $400, whichever was higher, the loan was also considered high cost.

High-cost loans were still legal, but contained some restrictions. Prepayment penalties and balloon payments before five years were banned or restricted. Also prohibited was negative amortization, a loan structure in which the principal actually grows over the course of the mortgage, because the monthly payments are less than the interest owed. But the bill did not include a ban on credit insurance — an expensive and often unnecessary insurance product packed into loans, creating substantial up-front costs. Nor did it ban loan flipping, in which a borrower’s loan is refinanced over and over again, stripping equity through closing costs and fees.

At the time of HOEPA’s passage, the subprime lending industry had two main elements: small, regional lenders and finance companies. The regional lenders specialized in refinancing loans, charging interest rates between 18 and 24 percent, said Kathleen Keest, a former assistant attorney general in Iowa who is now an attorney with the Center for Responsible Lending, a fair lending advocacy organization. HOEPA sought to eliminate the abusive practices of the regional lenders without limiting the lending of the finance companies — companies like Household, Beneficial, and the Associates — viewed then as the legitimate face of subprime, Keest said.

HOEPA did largely succeed in eliminating the regional lenders. But the law didn’t stop subprime lending’s rapid growth. From 1994 to 2005, the market ballooned from $35 billion to $665 billion, according to a 2006 report from the Center for Responsible Lending, using industry data. In 1998, the CRL report said, subprime mortgages were 10 percent of all mortgages. By 2006, they made up 23 percent of the market.

The loans themselves also changed during the 2000s. Adjustable-rate mortgages, which generally begin at a low fixed introductory rate and then climb to a much higher variable rate, gained market share. And over time, the underwriting criteria changed, with lenders at times making loans based solely on the borrower’s “stated income” — what the borrower said he earned. A 2007 report from Credit Suisse found that roughly 50 percent of all subprime borrowers in 2005 and 2006 — the peak of the market — provided little or no documentation of their income.

As the subprime lending industry grew, and accounts of abusive practices mounted, advocates, borrowers, lawyers, and even some lenders clamored for a legislative or regulatory response to what was emerging as a crisis. Local legal services workers saw early on that high-cost loans were creating problems for their clients, leading to waves of foreclosures in cities like Brooklyn, Philadelphia, and Atlanta.

Wall Street Changes Dynamic

Subprime loans weren’t designed to fail. But the lenders didn’t care whether they failed or not.
Unlike traditional mortgage lenders, who make their money as borrowers repay the loan, many subprime lenders made their money up front, thanks to closing costs and brokers fees that could total over $10,000. If the borrower defaulted on the loan down the line, the lender had already made thousands of dollars on the deal.

And increasingly, lenders were selling their loans to Wall Street, so they wouldn’t be left holding the deed in the event of a foreclosure. In a financial version of hot potato, they could make bad loans and just pass them along,

In 1998, the amount of subprime loans reached $150 billion, up from $20 billion just five years earlier. Wall Street had become a major player, issuing $83 billion in securities backed by subprime mortgages in 1998, up from $11 billion in 1994, according to the Department of Housing and Urban Development. By 2006, more than $1 trillion in subprime loans had been made, with $814 billion in securities issued.

Among those sounding an early alarm was Jodie Bernstein, director of the Bureau of Consumer Protection at the Federal Trade Commission from 1995 to 2001. She remembers being particularly concerned about Wall Street’s role, thinking “this is outrageous, that they’re bundling these things up and then nobody has any responsibility for them. They’re just passing them on.”

The FTC knew there were widespread problems in the subprime lending arena and had taken several high-profile enforcement actions against abusive lenders, resulting in multi-million dollar settlements. But the agency had no jurisdiction over banks or the secondary market. “I was quite outspoken about it, but I didn’t have a lot of clout,” Bernstein recalled.

Speaking before the Senate Special Committee on Aging in 1998, Bernstein noted with unease the big profits and rapid growth of the secondary mortgage market. She was asked whether the securitization and sale of subprime loans was facilitating abusive, unaffordable lending. Bernstein replied that the high profits on mortgage backed securities were leading Wall Street to tolerate questionable lending practices.
Asked what she would do if she were senator for a day and could pass any law, Bernstein said that she would make players in the secondary market — the Wall Street firms bundling and selling the subprime loans, and the investors who bought them — responsible for the predatory practices of the original lenders. That didn’t happen.

Instead, over the next six or seven years, demand from Wall Street fueled a rapid decline in underwriting standards, according to Keest of the Center for Responsible Lending. Once the credit-worthy borrowers were tapped out, she said, lenders began making loans with little or no documentation of borrowers’ income.

“If you’ve got your choice between a good loan and a bad loan, you’re going to make the good loan,” Keest said. “But if you’ve got your choice between a bad loan and no loan, you’re going to make the bad loan.”

If the loan was bad, it didn’t matter — the loans were being passed along to Wall Street, and at any rate, the securitization process spread the risk around. Or so investors thought.

Signs of a Bigger Problem

Even as subprime lending took off, the trend in Congress was to approach any issues with the new mortgages as simple fraud rather than a larger risk to the banking industry.

“In the late 1990s, the problem was looked at exclusively in the context of borrower or consumer fraud, not systemic danger,” recalls former Representative Jim Leach, a Republican from Iowa. Leach served as chair of the House Banking and Financial Services Committee from 1995 through 2000.

Some on Capitol Hill tried to address the problems in the subprime market. In 1998, Democratic Senator **** Durbin of Illinois tried to strengthen protections for borrowers with high cost loans. Durbin introduced an amendment to a major consumer bankruptcy bill that would have kept lenders who violated HOEPA from collecting on mortgage loans to bankrupt borrowers.

The amendment survived until House and Senate Republicans met to hammer out the final version of the legislation, under the leadership of Senator Charles Grassley, the Iowa Republican who was the principal Senate sponsor of the bankruptcy bill. The predatory lending clause, along with other consumer protections, disappeared. (Staffers for Sen. Grassley at the time say they don’t remember the amendment.) Faced with opposition from Durbin as well as President Clinton, the new version of the bill was never brought to a vote.

More calls for action surfaced in 1999, when the General Accounting Office (now the Government Accountability Office) issued a report calling on the Federal Reserve to step up its fair lending oversight. Consumer groups, meanwhile, were raising concerns that mortgage companies owned by mainstream banks — so-called non-bank mortgage subsidiaries — were making abusive subprime loans, but these subsidiaries were not subject to oversight by the Federal Reserve. In fact, the Federal Reserve in 1998 had formally adopted a policy of not conducting compliance examinations of non-bank subsidiaries. The GAO report recommended that the Federal Reserve reverse course and monitor the subsidiaries’ lending activity.

The Fed disagreed, saying that since mortgage companies not affiliated with banks were not subject to examinations by the Federal Reserve, examinations of subsidiaries would “raise questions about ‘evenhandedness.’” According to GAO, the Federal Reserve Board of Governors also said that “routine examinations of the nonbank subsidiaries would be costly.”

In 2000, Congress revisited the subprime issue. Again, the concern was more about predatory lending practices than systemic risk. But, as in 1998, there were warnings about larger problems.

Ellen Seidman, director of the Office of Thrift Supervision, testified that predatory lending was an issue of serious concern to the OTS in part because it raised major safety and soundness concerns for banks. Seidman, speaking before the House Banking and Financial Services Committee in May 2000, said investors needed more education about mortgage-backed securities, because “predatory loans are not good business, not simply because they are unethical, but because they can damage reputations and hurt stock prices.”

Cathy Lesser Mansfield, a law professor at Drake University, presented the House committee with specific and alarming data on the interest rates and foreclosure rates of subprime loans nationwide. “Probably the scariest data for me personally,” Mansfield testified, “was a single pool foreclosure rate.” Mansfield had looked at the foreclosure rate for one pool of loans that had been bundled and sold on Wall Street. About a year and a half after the pool was created, almost 28 percent of the loans were in delinquency or foreclosure, she said.

“That means in that single pool, if that is symbolic for the industry, that means there might be a one in four chance of a borrower losing their home to a lender,” she told the committee.

Representative Ken Bentsen, a Democrat from Texas, found the high default rates worrying, particularly because the nation was enjoying a healthy economy. “I think you could argue that, assuming we have not repealed the business cycle and there is a downturn at some point,” he said, “you could experience even astronomical default rates… That would spill over into other sectors of the economy, both in deflating the real estate market, as well as impact the safety and soundness of the banking system.”

Unimpressed Regulators

While acknowledging the safety and soundness concerns, banking regulators expressed only lukewarm support for new legislation to bar predatory practices. They suggested, instead, that the problem could be addressed through stepped up enforcement of existing laws and industry self-regulation.
Representatives from the lending industry said they were troubled by reports of predatory practices. But they, too, opposed new legislation, arguing that new laws would cut off credit to impoverished communities. The abuses were the actions of a few “bad actors,” said Neill Fendly, speaking on behalf of the National Association of Mortgage Brokers at the 2000 House hearing.

Still, concern was substantial enough to prompt the introduction of new legislation in early 2000 — not one, but two competing bills, from Representatives John LaFalce, a Democrat from New York, and Robert Ney, a Republican from Ohio. LaFalce’s bill proposed to fill in what he called “gaps in HOEPA.” It would have lowered the interest rate and fee thresholds for HOEPA protections to kick in, and restricted loan flipping and equity stripping. The bill would also have barred lenders from making loans without regard for the borrower’s ability to repay the debt.

Ney — who years later would plead guilty to conspiracy charges in connection with the Jack Abramoff lobbying scandal and spend 17 months in federal prison — pushed a “narrowly crafted” solution to problems in the subprime lending market, calling abusive mortgage lending practices “rare.” Ney’s bill would have provided some restrictions on subprime lending by strengthening some of the thresholds under HOEPA, but would have also taken away the power of individual states to enact tougher restrictions.
While the chances of Democratic-backed, pro-consumer legislation passing in the Republican Congress seemed slim, forces from the mortgage banking and brokerage industries were taking no chances, ramping up their political contributions to federal candidates and national parties. After having given $4.2 million in contributions in the 1998 election cycle, industry contributions doubled for the 2000 campaign to more than $8.4 million, according to data from the Center for Responsive Politics. Those contributions would balloon to $12.6 million in 2002. A coalition of subprime lenders sprang into action to fight LaFalce’s bill and other attempts to impose tough restrictions.

The tougher LaFalce proposal had the support of Leach, the powerful Republican chairman of the House banking committee. But even with Leach’s approval, the bill went nowhere in a Congress run by conservative Republicans. Increased regulation, recalled Bentsen, “was against what they [the Republican House leadership] believed in.”

With that political reality as backdrop, neither LaFalce’s bill nor any other lending reform proposal came up for a vote in committee.

While chairman of the Senate Banking Committee, former Democratic Senator Paul Sarbanes of Maryland introduced a bill to curb abusive high-cost lending, but the measure never received a committee vote. Two years later, Democrat Paul Sarbanes of Maryland, then chairman of the Senate Committee on Banking, Housing, and Urban Affairs, introduced another bill to curb abusive high-cost lending. The bill failed to attract a single Republican co-sponsor, and, like the LaFalce bill, never saw a committee vote. Wright Andrews, a leading lobbyist for the subprime industry, said that the LaFalce and Sarbanes proposals in this period were “never really in play.” The bills were introduced, but no one was seriously pushing for them, he explained. “The industry could and would have blocked [those proposals], but we didn’t really have to.”

States Act — And Get Shut Down

In the absence of new federal legislation, efforts to combat predatory lending were moving at the state level. North Carolina had passed the first state law targeting predatory loans in 1999, and consumer advocates were pushing state laws from Massachusetts to California. The North Carolina law barred three common provisions of predatory loans: loan flipping, prepayment penalties, and the financing of up front, “single-premium” credit insurance. In essence, the law sought to eliminate incentives for making unaffordable loans. With lenders unable to strip equity through high up-front charges, and unable to churn loans through flipping, they would have to make money the old-fashioned way, through borrowers’ monthly payments.

Two men working at the state level were in attendance at the 2000 House hearing: Andrew Celli, with the New York state Attorney General’s office, and Thomas Curry, the Massachusetts banking commissioner.

The state officials told the House committee that they were forced to push consumer protection in their states because the federal regulators were not doing enough to protect borrowers, and HOEPA was ineffective. The threshold for high cost loans to trigger HOEPA’s protections was an interest rate 10 percent above comparable Treasury securities. But “as important as this prohibition is, its powers in real world relevance are diminishing,” Celli said. Lenders were evading HOEPA, and the consumer protections it afforded, by making loans just under the law’s definition of a high-cost loan.

In response, many state laws set the trigger lower, at five percent, affording consumer protections to a broader swath of borrowers. But the efforts at the state level soon came to naught. The wave of anti-predatory lending laws was preempted by federal banking regulators, particularly by the Office of Thrift Supervision and the Office of the Comptroller of the Currency. OCC and OTS had effectively told the institutions they regulated that they did not, in fact, have to comply with state banking laws, thanks to the agencies’ interpretations of the Parity Act. The federal preemption of the state laws meant hard-won consumer protections were largely moot.

With state regulation stymied and federal regulation lax, the boom in subprime mortgages continued. And so did the warnings.

In 2001, Congress heard yet again about the potentially devastating impact of subprime lending, at a hearing before the Senate Banking Committee. In Philadelphia, subprime loans were devastating entire communities, Irv Ackelsberg, an attorney with Community Legal Services, told the committee. “I believe that predatory lending is the housing finance equivalent of the crack cocaine crisis. It is poison sucking the life out of our communities. And it is hard to fight because people are making so much money.”
In July 2001, Congress was again warned about the risks of the subprime mortgage market, this time in a hearing before the Senate Banking Committee. Click to watch the full hearing on CSPAN. “There is a veritable gold rush going on in our neighborhoods and the gold that is being mined is home equity,” Ackelsberg added.

And like William Brennan and Jodie Bernstein in 1998, and Cathy Mansfield, Ellen Seidman, and Ken Bentsen in 2000, Ackelsberg warned that bad subprime loans could hurt not just homeowners, but the broader economy. The ultimate consumers of the high-cost loans, he told the committee, were not individual borrowers, taking out loans they couldn’t pay back. “The ultimate consumer is my retirement fund, your retirement fund,” he said.

The Laissez-Faire Fed

Congressional inaction didn’t have to leave borrowers unprotected, say experts. The Federal Reserve could have moved at any time to rein in subprime lending through the Home Ownership and Equity Protection Act. Under the original 1994 law, the Federal Reserve was given the authority to change HOEPA’s interest rate and fees that would trigger action under the act, as well as to prohibit certain specific acts or practices. “Clearly, the Fed should have done something on the HOEPA regs,” said Seidman, the former OTS director. “I think there is little doubt.”

The Fed’s reluctance to change the law, Seidman said, reflected the philosophy of the Federal Reserve Chairman, Alan Greenspan, who “was adamant that additional consumer regulation was something he had absolutely no interest in.” Jodie Bernstein, who had tackled abusive lenders at the Federal Trade Commission, agreed. Greenspan, she said, was “a ‘market’s going to take care of it all’ kind of guy.”
Consumer advocates had pushed for lower HOEPA triggers since the law’s passage, hoping to include more loans under the law’s protections. But one problem with changing the law was that no one seemed to agree on how well it was working. In 2000, the Federal Reserve acknowledged that it did not even know how many home-equity loans were covered by HOEPA — the main federal law preventing abuses in high-cost lending.

Three government agencies said that the law was protecting staggeringly few borrowers. A joint report from the departments of Treasury and Housing and Urban Development, released in June 2000, found that during a sample six-month period in 1999, less than one percent of subprime loans had an interest rate exceeding the HOEPA trigger. The Office of Thrift Supervision estimated that based on interest rates, the law was capturing approximately one percent of subprime loans.

The American Financial Services Association, a lenders’ trade association, had very different numbers. George Wallace, the general counsel of AFSA, told the Senate in 2001 that according to an AFSA study, HOEPA was capturing 12.4 percent of first mortgages and 49.6 percent of second mortgages.
After a series of national hearings on predatory lending, the Fed made modest changes to HOEPA’s interest rate trigger in 2001. The late Ed Gramlich, a governor on the Federal Reserve Board and early critic of the subprime industry, said that in setting the new triggers the Board was “heavily influenced” by survey data provided by the lending industry — data showing that a significant percentage of mortgages were in fact just below the triggers.

The 2001 changes to HOEPA set the threshold for what constituted a high-cost first mortgage loan at 8 percent above comparable Treasury securities, down from 10 percent, but for second mortgages it was left unchanged. The Fed also added credit insurance to the law’s definitions of points and fees, meaning that lenders could no longer pack expensive insurance into loans and still evade HOEPA’s triggers.
For the first time, lenders making a high-cost loan had to document a borrower’s ability to repay the loan. The Fed also barred high-cost lenders from refinancing mortgages they made within a year.

But Margot Saunders, of the National Consumer Law Center, said the 2001 changes had little impact. Lenders simply undercut the law’s new, lower triggers, she said, continuing to make loans at just below the thresholds. Advocates said another provision, designed to stop loan flipping, also did little, because lenders could simply flip borrowers into a new loan on the 366th day, or a new lender could flip the loan at any time.

William Brennan, who is still at the Atlanta Legal Aid Society, said the Fed’s failure to act more forcefully on HOEPA was a key missed opportunity. “That bill had potential to put a stop to all this,” he said. “That one bill in my opinion would have stopped this subprime mortgage meltdown crisis.”

Before Congress last year, former Federal Reserve Chairman Alan Greenspan admitted he was in “a state of shocked disbelief” that lenders had failed to regulate themselves. Former Federal Reserve Chairman Alan Greenspan declined to be interviewed for this story, but his recent congressional testimony gives some insight into his perspective on the meltdown and its origins.

In October 2008, Greenspan appeared before the House Committee on Oversight and Government Reform to answer questions about the financial crisis and his tenure at the Fed. In his testimony, Greenspan wrote that subprime mortgages were “undeniably the original source of [the] crisis,” and blamed excess demand from securitizers for the explosive growth of subprime lending.

Greenspan also acknowledged that after forty years, he had “found a flaw” in his ideology. “Those of us who have looked to the self-interest of lending institutions to protect shareholder’s equity, myself especially, are in a state of shocked disbelief,” he said.

In other words, in this case, the market proved unable to regulate itself.

The Aftermath

Eight years after the Fed failed to step in, skyrocketing foreclosure rates have wrecked the banking industry, requiring a $700 billion bank bailout. Investors that bought mortgage-backed securities, including many retirement funds, have lost untold billions.

One in 33 homeowners in the United States, 2.26 million people, may lose their homes to foreclosure in the next two years — a staggering foreclosure rate directly attributed to subprime mortgage loans made in 2005 and 2006, according to a recent report from the Pew Charitable Trusts.

Had the legislative efforts to curb abusive practices in the high-cost lending market succeeded — at the state or federal level — those loans might never have been made. But the proposals didn’t succeed, and many of the troubling mortgage provisions that contributed to the foreclosures are still legal today.

“Prepayment penalties, yield spread premiums, flipping, packing, single premium credit insurance, binding mandatory arbitration — they’re all still legal under federal law,” said Brennan. Some of those provisions are prohibited under July 2008 changes to HOEPA’s implementing regulations, but lenders can still include them in loans below that law’s thresholds.

A bill now moving through the House would change that. The bill, sponsored by Democratic Representatives Brad Miller and Mel Watt, both of North Carolina, and Barney Frank of Massachusetts, includes a ban on yield-spread premiums — which reward brokers for steering borrowers into costly loans — and lending without regard for a borrower’s ability to repay the mortgage. The bill would also create what are known as “assignee liability provisions,” which would make mortgage securitizers more responsible for abuses in the original mortgages. The bill was approved by the House Financial Services Committee on April 29, and is expected to receive a vote on the House floor.

Rep. Barney Frank of Massachusetts, chairman of the House Committee on Financial Services, has co-sponsored new legislation that would further limit abusive lending practices. Keest, of the Center for Responsible Lending, said such assignee liability provisions could have helped to avert the crisis. The provisions would not just have given borrowers the ability to defend themselves from foreclosure, Keest said, but would have protected investors as well.

Several state laws included the assignee liability provisions, but were preempted by federal regulators. If those provisions had stayed in the law, investors might have been more attentive to the questionable actions of lenders and brokers. When investors are responsible for abuses in the loans they buy, Keest said, “they have some skin in the game,” and are more likely to closely scrutinize the loans in a securitized pool. Investors might have noticed sooner that the subprime loans they were gobbling up were going bad, fast.

As it was, the demand for securities backed by subprime loans was insatiable.

“The secondary market, it was Jabba the Hutt — ‘feed me, feed me,’” Keest said. It was a “two-demand market,” she said, with borrowers seeking credit on one side, and investors clamoring for securities on the other.

Ira Rheingold, executive director of the National Association of Consumer Advocates, asserts that the financial industry’s lobbying power shut down efforts to help consumers, both during the early 2000s and more recently, when advocates were pushing for foreclosure assistance in the bailout bill. “People were making lots of money,” Rheingold said. “Congress was dependent upon their money.”

The industry is, indeed, among the biggest political forces in Washington. Between 1989 and 2008, the financial services sector gave $2.2 billion in federal campaign contributions, according to the Center for Responsive Politics. Since 1998, the sector spent over $3.5 billion lobbying members of Congress — more than any other single sector, again according to the Center.

Meanwhile, Brennan worries about his city, which sees 4,000 to 7,000 foreclosures filed each month in the metropolitan area, concentrated in African-American communities.

“Atlanta is a disaster,” he said. And the same might be said for the American economy.

Kat Aaron investigates for the Center for Public Integrity, from where this article was adapted. Find more investigations at http://www.publicintegrity.org

Mortgage Terminology

1031 Exchange - A tax free sale and purchase of investment property

Adjustable Rate Mortgage - a mortgage with a variable interest rate, which adjusts monthly, biannually, or annually.

Amortization - The simple way a loan is payed down over a period.

Annual Percentage Rate (APR) - the interest rate you pay on your mortgage in relation to fees, points, and other costs associated with the loan.

Appraisal - a value report that determines the value of your property based on a number of comparable sales factors.

Assumption - the act of assuming responsibility for the payment of a mortgage lien.

Balloon Mortgage - a mortgage with a large lump sum payment due at within a certain period during the loans life.

Biweekly Mortgage - A mortgage that is paid every two weeks.

Bridge Loan - A loan used for short term purposes.

Broker - a company who assists a borrower in find the best funding for a mortgage.

Buy Down - the act of securing a lower interest rate by paying the bank a lender additonal points or fees.

Caps - caps limit how much and how frequently an interest rate can change on an adjustable rate mortgage.

Closing - the final step in the loan process when loan documents are signed.

Conforming Loan - a loan that meets Fannie Mae and Freddie Mac guidelines for loan amount and guidelines.

203ks loan - a loan given to a homeowner during intervals of the building process which is due upon completion of the project.

 

Debt-to-Income Ratio - the ratio of monthly liabilities and housing expenses divided by the monthly gross income of the borrower.

Deed of Trust - a security instrument between the borrower and the lender,

Deferred Interest - the amount of interest added to the principal loan balance when a borrower pays the interest only portion of a loan.

Down Payment - an upfront payment to the seller of a property for a portion of the sales price.

Earnest Money - a deposit paid to the seller by the buyer as a pledge to complete a real estate transaction.

Equity - the value of a property less any and all existing liens.

Escrow - a third party and neutral intermediary who holds and allocates funds.

Federal Home Loan Mortgage Corporation FREDDIE MAC- one of the largest home loan financiers of conventional mortgages on the secondary market. Government owned.

Federal National Mortgage Corporation FANNIE MAE - same as Freddie Mac

FHA Loan - a mortgage insurance program that helps borrowers obtain money with the governments backing.

Hard Money Loan - high interest rate loans for non conventional financing.

Hazard Insurance - insurance which protects a property owner from damages.

Home Equity Line of Credit - an loan based on the equity of your home. Usually adjustable.

Impound Escrow Account - an account established by the issuing bank or lender to automatically pay a borrower’s property tax and homeowners insurance when payments are due.

Jumbo Loan - a loan amount above the conforming loan limits- fannie mae and freddie mac limits.

Lien - a claim against a property by the issuing bank or lender to secure repayment of a debt.

Loan Officer - someone that originates loan applications.

Loan-to-Value - the percentage of the property's value that is borrowed from a bank or lender.

Mortgage - a pledge of property to a creditor as security for an obligation or repayment of a debt.

Mortgage Insurance - required insurance on a mortgage if the down payment is less than twenty percent.

Mortgagee - the mortgage bank or lender.

Mortgagor - the mortgage borrower or homeowner.

Negative Amortization - when a mortgage payment received is below the interest or principle payment, the difference will be added onto the principal balance of the loan.

Note - a written promise to repay the mortgage plus interest.

Origination Fee - a percentage of the loan amount charged by the bank or broker for completing the loan process.

PITI - the total monthly housing expense, expressed as principal, interest, taxes, and insurance.

Points - stands for a percentage of the loan amount. 1% is 1 point.

Prepayment Penalty - if a loan is refinanced or repaid prior to a certain date as agreed upon in the loan documents a fee will be charged by the bank or lender.

Principal - the balance on the liens on a property.

Quitclaim Deed - a document by which a person either releases interest in a property or transfers interest to another person.

Real Estate Short Sales - when a house is sold for less than what is owed and the bank accepts.

Refinance - the act of replacing your existing loan with a new loan on the same property.

Reverse Mortgage - loans made to persons 62 and older with no payments required. Based on their current homes equity. Equity mining.

Right of Rescission - a law which allows a homeowner to rescind a contract to refinance their primary residence within three days of signing loan documents .

Second Mortgage - a mortgage that comes secondarily after the primary mortgage on a home has been established.

Seller Carryback - seller becomes a lender and carry's a mortgage for the buyer.

VA Mortgage - a home loan that is guaranteed by the veterans administration.

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