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After being on Active Rain for almost 3 weeks now, this has been a big topic of discussion and growing concern. We have talked about the “Pay Option Arm” and the “Interest Only” loans that seem to be the most at risk for today’s consumers. Both of these products have shot up with home prices. And critics say not all buyers know what they are getting into.

 

 

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Federal financial regulatory agencies are concerned that buyers who use these so-called exotic loans could be at risk. Especially the subprime borrowers and others who may not qualify for more traditional mortgage loans or who may not fully understand the risks of nontradional mortgages.

 

Because prices have accelerated, these loans have been the only means by which many people could afford to buy homes. This was a quote from an article in USA Today. “In 2005, 30 percent of all mortgages were nontraditional, compared with 2 percent in 2000, when median home prices began their rapid decline.”

 

 

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In a blog that Brian Brady wrote last evening, Stop the Insanity in the Mortgage Marketplace, he talked about the individuals that sold these loans and seemed to have no care in the world. Better yet, not understanding what could very well happen in the near future. With that said, in August, the national foreclosure rates were 53 percent higher than they were in August of 2005.

 

What is sad is that several lending officials viewed the issues associated with nontraditional mortgages much differently from the regualtors and cosumer advocates. These individuals reacted strongly to the adoption of certain guidelines. Their arguement is that the individual institutions should have the ability and flexiblilty to underwrite loans and manage the risk differently than their competitors. As long as their actions are safe and sound, they should be able to continue these types of programs. Regina Lowrie who is chairperson of the Mortgage Bankers Association said,"Forcing all lenders to underwrite loans in the same manner discourages innovation and limits choices for consumers." This is coming from someone within the mortgage industry.

Here is a small list of the new approved guidelines that went into effect on Septemeber 29th. (for these pay option arms & interest only loans)

  1. Ensure all loan terms & underwriting standards are consistent. And keeping in mind the borrower's capacity of paying back the loan.
  2. Recognizing that these so-called loans have risk-layering features which have been untested in a stressed enviroment.
  3. Make sure that the consumer has sufficient information understanding the loan terms and making clear their payment options and how they work.

 Here are a few articles that give examples of what has happened to a few consumers. It also talks about the future and the risks of these nontraditional loans.

'Exotic' mortgages seen losing their allure - Real Estate - MSNBC.com

  Homeowners place faith in 'exotic' mortgages - America's Housing ...

 

 

35 Comments on Rules that aim to cut the risks on 'exotic' mortgages!!!!!

OCT
22
2006
122,251 Points 24 Featured Posts Outside Blog

Jeff—I was preparing a post on the same topic and decided I was not knowledgeable enough about it, so I shelved the post. Foreclosures are significantly higher this year here in the Twin Cities, and reaching record numbers, particularly in poorer neighborhoods. This is from an article published in the “City Pages” newspaper, May 31, 2006: “… the fastest-growing sector of the mortgage industry has been the so-called subprime lenders, nontraditional lenders willing to extend credit—albeit on horrible terms—to consumers with bad track records. Because these lenders have been willing to loan homeowners more than the equity they have in their homes, or to overvalue their houses, borrowers in this category have been able to borrow far more than they can realistically pay. And because the fees associated with these loans are so high, borrowers often end up owing more than their home is worth…It's this last category of borrowers that credit counselors and consumer advocates suspect are behind the increase in foreclosure rates …”

I think it dovetails nicely with your post—Jay Merton
5:30am • #1
136,116 Points 15 Featured Posts Localism Sponsor

It's beyond crazy.

Honestly, I'd be thrilled of that Option ARM was gone! Granted, it might be great for a few people, but more often than not it isn't.  I'm so sick of explaining the loan to people who can't even qualify fot it!  "But the other Broker said we can do 100%, one loan, no MI at 1% - why won't you do that?!"

Well, lets start with your 540 score and go from there.....

The combination of scummy Brokers and Customers who'll believe (or ignore) anything is creating a real mess.

Just in the last few months I've had people come to me for refi's that didn't know that they had pre-pays and/or were shocked when the intrest rate went up after a few years!

'How was I supposed to know?!'

'No, I DON'T have a pre-pay! I can't! Nobody told me!'

All we can do is educate people and hope that they pay attention!

7:40am • #2
477,401 Points 151 Featured Posts Outside Blog

Jay Merton...... Here in the Philadelphia region, we are 10% below the national foreclosure number. But those are still staggering numbers.

And Jay, it's not always the fact that these lenders are lending to people that shouldn't be given the money. It's the fact that they either bait and switch at the end, putting the borrower in do die situation to make a decision at the settlement table. Ot for the fact that the lender doesn't tell them about the pre-paymeny penalty....or never discloses the correct term... instead of the client thinking they have a 30 yr, now they have 2 yr adjustable. Those are many of the contributing factors to this epidemic.

8:44am • #3
477,401 Points 151 Featured Posts Outside Blog

Marc.... First off, I truly like what you have near the beginning of your web page on here. "Financing the way it's SUPPOSED to be"  So true...but not done so often.

In keeping with the topic in regards to Pay Option Arms. I have closed 3 Pay Option Arms in my 14 year career. If I told any loan officers that I work with or many out there in public, I would laughed to death. It's sounds sad because of the money that I didn't make. But at the same time, I believe in telling the client all the positives and negatives.

2 reasons why I hardly do these loans. And I guess hardly is an understatement. I don't advertise for it or go after it. And second.... I truly evaluate their profile and really ask why they want this loan if they feel so uncertain about the normal adjustables. I tell them it's usually for the savy client, or that commissioned client, or maybe an investor. And not to say this is a bad loan.... I have had it twice on my house.... you just need to know what you are dealing with.

Something that Irks me that you brought up. The fact that the loan officer is still telling them that they can get this loan with a 540 credit score. Basically so they come into the office....do an application and then later on, the loan officer will tell them the bad news, but say....hey, I can do this for you. By then, that client was depending on that cash-out so badly or fell in love with the house and will be crushed if they don't get it, they will accept the new terms. This is what gives so many of us that BAD name in this industry. The other is that they aren't told about the pre-pay. I have had two clients come to me last January, after both were in a pay option arm for 4 to 7 months. And realized this wasn't going to help them. I couldn't help either one at that time, because of their pre-payment penalties. One of them was going to be $9,500.

Sorry if this comment is long. But here is an example of what I have come across in my 14 years. I have 100's more. But this stands out the most.

I had a client that was promised the Pay Option Arm....a purchase. First time homebuyers...this is going back to 1997. The lender was telling him that they were approved....told him that he should have his approval letter. This went on for 15 days. Finally their realtor, a Weichert agent, asked a few realotrs around the office for advice. My realtor over-heard this and told him to speak to me, because I was known for getting hard deals done. By the way, I hate that title at times, because that is all they give me. Hey...I would like an easy deal from time to time. Anyhow.... I spoke to them...sat down with them....and the only possible way was to do a FHA. They wouldn't have been able to it any other way, because subprime, the payments were higher. And because they were promised 10% down. If I did this subprime, their down payment would have been 20% at that time. On this FHA loan, I had them put the 10% down, just to make the underwriter feel more comfortable.  And why no other way would have worked?  Because they had that low payment stuck in their head. They had scores in the mid 500's... and 2 previous bankruptcies on their credit report. And they did have re-established  credit in the last year & a half. Yet they were promised this Pay Option Arm....which back then, it was known as a COSI and COSI only.... World Savings was one of the few doing these and only had this the COFI.

In the middle of this process, the other mortgage company told them that they could do the same as myself. They lowered the clients payment, but with a higher rate than mine. They cut his taxes on paper...The loan officer didn't want to lose a DEAL. He was trying everything to keep them. This story is about 20 minutes longer. So I will cut to the chase. This was and still is my hardest FHA deal that I have ever done. But I got it done. Till this date, I have helped him with 3 other refinances (one reason being, to start up his own trucking business which is successful today) and he is contemplating on moving to North Carolina. But now their daughter has moved back in with a new born baby. So they might now stay here.

9:12am • #4
477,401 Points 151 Featured Posts Outside Blog

Jeff,

Great post.  I disagree on one minor point with you.  So, in the interest of being pedantic:

Regina Lowrie who is chairperson of the Mortgage Bankers Association said,"Forcing all lenders to underwrite loans in the same manner discourages innovation and limits choices for consumers."

She makes a good point.  

The amazing thing is that these loans have been with us for 25 years.  World Savings has done an excellent job underwriting these loans as a cash-flow tool.  They're not going away (and shouldn't).  They do, however, need to be explained properly which begs the question for a National Originators License similar to the NASD series 7 license.

10:42am • #5
136,116 Points 15 Featured Posts Localism Sponsor

Jeff- Thanks for the compliment on the web page!

As far as the screwy loans we could probably trade stories for days - sad.  BTW, I had an Option ARM too - not any more!

Brian - I'm all for that National Originators Licence - is anything like that even in the works?

10:53am • #6
477,401 Points 151 Featured Posts Outside Blog

Brian.... thanks for the compliment.

In regards to the fact that you disagree with me on the Chairperson's comment.  I agree with you disagreeing....to a certain extent. I agree with part of what she is saying. But the problem is that several of these companies are more laxed in their guidelines.... and since this is still new territory for so many lenders, they really need to get to grips with their guidelines...  overall, it's a fine line. And open for abuse.

Marc.....my pleasure. Yes, we could be here forever. And the National Originator's license... I don't think would ever happen. Too many states with their hands in the lenders pockets. It would be like a dual license... I don't think it would ever get passed in Congress or as a bill of some sort. But hey, what do I know. I am a measley loan officer.

11:10am • #7
187,192 Points 18 Featured Posts Outside Blog

Jeff,

Realtor here....I have to say that "in my opinion", a Realtor has a certain amount of trust in the Mortgage Broker he/she leads her clients to. 

I would never forgive myself if one of my clients were facing the problems that are rampant throughout the US right now.

Foreclosures ARE up most everywhere, and while this is not the ONLY reason, it is a major one.

If you don't mind I would like to link your post to my off Rain blog. Let me know though. 

 I would like my customers to read what you have said to alert them. If you don't want me to, thats fine.

12:25pm • #8
1 Featured Post
I think that those who have no other choice but to buy a home with interest only and 40 year motgages, who are going to live in the home, are better off buying then renting. I think that in the long run real estate is the best investment and to own a home is always better then to rent if you have a stable job and ability to pay. 
1:43pm • #9
257,948 Points 102 Featured Posts Outside Blog

Well, at least we agree to ...AGREE?  Good Lord we're starting to think alike.

 

1:47pm • #10
452,647 Points 54 Featured Posts Outside Blog
I am going to have to read those articles Jeff, thanks for the links. This must be education Sunday and school is in session. Great input everyone, if I was to comment further I would just be repeating a lot of what has been said already, so THE END. Now I got to go read Jeff's homework assignment.
3:53pm • #11

In my opinion the problem is one of greed.  Greed from the loan officers side and greed from the homeowners side.  Option ARMs fit the profile of only a select and limited # of borrowers who are financially sophisticated, have strong reserves and income, etc.  Unfortunately, many who have no business having this loan get sold one by an LO who is simply looking out for themself and their max YSP and not their client, and the client, who in many cases has no business trying to be a homeowner, simply refuses to educate themself past seeing a "low minimum payment".

The problem also is that it is simply way to easy for someone to become a mortgage broker as licensing requirements are ridiculous (at least in Florida).  The system invites riff raff and gives makes it a tougher time for good LO's.

 Tighten up the requirements to be able to do loans!

4:09pm • #12
477,401 Points 151 Featured Posts Outside Blog

Karen........I sent you an e-mail...again, I would be highly

Christine....absolutely....buying is an investment and better than renting. It's just how some of these programs our sold to the general public.

Brian.....I think for the most part, from day, we have been thinking mostly alike. Yes, scary, but a good scary.

George......make sure you have your report to me by Monday morning....or else. And it was a pleasure talking to your yesterday.

Hugh......thanks for stoping by. I have only been on here for 3 weeks, but this is the first time that I have seen a comment from you in any blog.

Yes...it's definately greed. That is the theme in today's mortgage industry. Most of these programs allow you to get anywhere from 2 1/2 to 4 pts on the back end, which makes there margin a lot higher....which makes the rate max out quicker.  Again, thanks for the comment.

4:26pm • #13
397,523 Points 72 Featured Posts Outside Blog

"The Goose"

I am so out of my league when it comes to "Exotic Mortgages"...

As we do not work with Buyer's (Investors only) my knowledge on Exotics is limited...

However if I keep reading all the Mortgage Pros Blogs I expect that will change.

I am bookmarking for further study...

TLW "The Lovely Wife"...Kum La Ka Lakka...ROAR!

6:55pm • #14
452,647 Points 54 Featured Posts Outside Blog
My pleasure all so Jeff, and I am shutting for an "A", or is that "A" paper.
7:11pm • #15
168,110 Points Outside Blog
You are the man goose keep blogging
9:00pm • #16
27 Featured Posts

Jeff,

This has been such a hot topic and I can't follow comments all the time, so I decided to post an article I wrote a while ago and it can be viewed here...

http://activerain.com/blogsview/16215/Exotic-Loans-Being-Mistreated

Let's keep the education going.

9:14pm • #17
OCT
23
2006
477,401 Points 151 Featured Posts Outside Blog

The Lovely Wife......well, think of exotic travels then....LOL  Hey, you don't need to know how these programs work...but for the fact that so many people aren't educating their clients on how these loans work.

George......funny....just don't quit your day job.  ;o)

Eddy....... thanks Eddy..... would have loved your version of this though.

Robert......I'll take a look at this tonight. Thanks.

7:21am • #18
187,192 Points 18 Featured Posts Outside Blog

Tommie,

Great comment! It actually made me laugh and I'm a serious type!   I would like to incorporate that speech into my dealings with clients also.   I like the part about  knowing that this is the first loan they intend to pay back...

9:57am • #19
477,401 Points 151 Featured Posts Outside Blog

Tommy.......Again, it was nice talking to you last night. I'll check out your blog. And yes, in regards to what clients tell you what they are getting offered from other companies, that list could go on forever. To many, it's just sales and it is frustrating from some of us being on the other side. best advice... learn how to sell against and educate the client.

Angela........welcome aboard. I noticed that you are new to Active Rain. Yes, it makes me sick on how they advertise this loan. But it's still not an evil or bad loan. It can and has worked for many. It comes down to how the loan officer sells it and what they don't disclose. Typically not disclosing the Hard pre-pay and some of the features....meaning, how the rate asjusts and when.

Karen.......It is good to see so many on the same page. hey, I like making money, but it's how you go about it.

10:18am • #20
21 Featured Posts

Jeff,

I posted a blog last week that was a press release from the OCC that outlined exactly what you are talking about.  In the release, they are offering free material to the public to inform them of these "exotic" mortgages and what to be on the look out for.

11:49am • #21
257,082 Points 77 Featured Posts Localism Sponsor Outside Blog
I guess with an educated consumer there is room for products like option arms and interest only.  I happen to have interest only on my home. I know the risk. Its a financial tool.  The problem is that most consumers only look at their payment, and nothing else matters.
3:44pm • #22
477,401 Points 151 Featured Posts Outside Blog

Jason......As much as free material is great and I am all for it, the negative would be that many would still be slightly confused. or... thinking that this is great and sounds great. The education still needs to come from us, the people who help others.

Example.... can everyone in Active Rain pick up a computer magazine, read it, and then understand everything about a computer, the terms...and how it works?  I would bet not. But could I pick the brain of my brother-in-law who worked for Morgan Stanley and now is working for Mircosoft....been doing this type of work for 8 years now, explain it in a way that would be easier for me to understand than some magazine? My chances would be better. Just something to think about.

Maureen....hello...thanks for stopping by. First time I think making a comment in my blog. So, welcome. But seriously, getting to your comment. Yes... you understand and know thrisks. That is much better than someone being told that there are none, when there actually is. 

And you are right....so many consumers are so fixed on that rate. And when trying to explain to them a better method, they ignore it or it goes in one ear and out the other. But can yu blame them sometimes, when promises have been made....

Thanks again for the input.

8:55pm • #23
NOV
03
2006
142,746 Points 23 Featured Posts Outside Blog
Great post Jeff, congrats on the Carnival victory!
7:40am • #25
477,401 Points 151 Featured Posts Outside Blog

Maureen and Jay & Francis.....  thanks a lot....but this is the first that I am hearing about it. I didn't see any blog about it or any e-mail stating this.

Anyhow.... thanks for the wonderful comments and compliments.

8:01am • #26
257,082 Points 77 Featured Posts Localism Sponsor Outside Blog
Jeff, click on the link in my comment above.  That is the source of your good news.
8:05am • #27
477,401 Points 151 Featured Posts Outside Blog

I see it now and I read Brian's blog. Thanks again everyone....

For any of you that want to see a picture of me outside my work life.... Congratulations, Jeff Belonger on a Carnival Win !

8:09am • #28
587,842 Points 59 Featured Posts Localism Sponsor Outside Blog Hit Router

Congratulations!!!!  It is a great entry! 

"Uncle Goose" ?

10:26am • #29
3 Featured Posts

Congratulations on the post, Jeff! 

These "exotic" products do have their place.  I've had clients use them, but only those responsible enough to use them for the right purpose.  They're quite dangerous for the majority of buyers.

2:49pm • #30
477,401 Points 151 Featured Posts Outside Blog

Maureen..again, thanks.

Carol....  thanks for the compliment and congratulations to you also....  your piece was awesome. Well written.

3:27pm • #31
7 Featured Posts
Great Post!!  Thank you for the info !! 
4:12pm • #32
397,523 Points 72 Featured Posts Outside Blog
"The Goose"...Congratulations Buddy. Does this mean I owe you flowers now? TLW...ROAR!
5:06pm • #33
NOV
04
2006
142,746 Points 23 Featured Posts Outside Blog

Carnival of ActiveRain madness spreads out of AR and into the Phoenix Real Estate Guy!


Plum Crazy!

2:31am • #34
477,401 Points 151 Featured Posts Outside Blog

Lauren...... thanks for the compliment....

TLW.....  nah, keep the flowers, you deserve them.

Jay & Francy.....not sure what you are really trying to say. I guess I'll check it out.

8:56am • #35

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Jeff Belonger -- The FHA Expert.com -- FHA Loans -- FHA mortgages - USDA loans

Cherry Hill, NJ

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