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What happened to lending in Minnesota?

By
Mortgage and Lending with Your IRA guy!

You have heard a lot of rumors about the lending practices in Minnesota that went into effect August 1st.  To my surprise, a lot of mortgage brokers I talked to (even recently) had no idea what was even coming until the emails start pouring into their in box telling them their programs are now gone.

Realtors-If you have a purchase closing soon in this great state, do yourself a favor and keep in contact with the lender-and I'd do it whether you are the buying or selling agent!  If you have a "full documentation" program, chances are you should be fine-if you are working with a "stated" , "No doc", "option arm", etc. then I'd be double checking to make sure you still have a buyer!

The new laws affect broker shops and some financial institutions so, unless your lender has a state or federal charter-most don't, the law changes apply and have a big affect on our area!

So how do the lenders know who is and isn't effected by this law?  Most lenders don't want to worry about it so they made it simple and just shut down these programs for everyone in the state.  There aren't too many lenders that are still willing to offer the programs that are affected by the new law.

So, what exactly does it cover?  Well, some of the important areas include:

  • No more pre-payment penalties-this hurts the consumer because, without it, their rate becomes higher
  • New bonding/licensing requirements-this one doesn't really affect you
  • No "stated" or "no verification" or "no doc" type pf loans-ouch!
  • Another disclosure for refinances (benefit analysis)
  • No "Option Arms" (those are the 1% type of advertisements that you always see) most were mis-sold anyway still a good product though
  • Proper advertising of rates/monthly costs to include taxes and insurance-finally!
  • Cap on amount of fee's charged-this one would mainly effect the smaller loans and shouldn't affect most people

Again, there are more changes but I just wanted to touch on the ones that affect the "Realtor world" and to advise you to get to know the mortgage person that is working on your client.  A pre-approval letter that was done before August 1st, may be worthless-it's worth a phone call to ask; "what type of loan are they getting, is it a full documentation program".  They don't have to tell you any specifics but, I'd be asking for reassurance that their loan will close.

While this new law is currently affecting only Minnesota, nationally, loan programs are getting pummeled daily-especially the "Jumbo" loan programs (over $417,000).  It's making it a lot harder to loan money.  Guidelines are rapidly tightening/changing. 

Lenders are still dropping like flies and it's not over yet.  Housing prices will probably get worse yet before better.  People that bought with an ARM and can't go stated to refinance to a fixed rate may have to walk away from their homes.  This new legislation may have the opposite effect of what it was intended for.

FHA will be coming back strong-make sure your preferred lender is FHA approved!

Just friendly advice-Minnesota is in for major changes with this new law.  it pays to make a quick phone call to make sure your files are still good! 

Good news for Wisconsin border towns-you'll probably get more real estate traffic because the loan programs aren't effected over there-yet! (of course, you'll also be getting bombarded with brokers trying to stay in business by working over the state line).

My last word......

There's been so much press about homes going back to the banks that some people that I've talked to-who a year ago would never consider this option, are taking the attitude of"no big deal, everyone is doing it I'll just walk away" and that, my friends, is what is scary-that it's become acceptable to just give the house back to the bank.

I just wanted to give my two cents on our area and what's happening with our industry-it effects all of us some more than others but, its huge be ready for it the best you can!

 

Susan Trombley
Trombley Real Estate - Wake Forest, NC
Broker/Realtor, Raleigh, Cary, Wake Forest, Youngs
I am hoping my clients use banks and  credit unions. But, I still do know know if that is safe. Nothing is really safe but it has gotten worse. Thanks for the reminder
Aug 08, 2007 02:22 AM
R. B. "Bob" Mitchell - Loan Officer Raleigh/Durham
Bank of England (NMLS#418481) - Raleigh, NC
Bob Mitchell (NMLS#1046286)

Here in Missouri a few years back a large mortgage brokerage went belly up and a lot of home owners and buyers got tangled up in the mess.  Before it was even clear what had transpired and in an amazingly quick period of time the banker's lobby had a complete law written up to regulate mortgage brokerages. 

The problem was that the law did absolutely nothing to address the issue that had truly caused the problem.  All it did was raise the cost of production for mortgage brokerages.  In my opinion this law was already written by the bankers lobby and they were just waiting for the right moment to spring it.

It sounds like this might be what has happened to you guys up in Minnesota.  Mortgage brokerages don't have the economic clout that the bankers do and that makes them an easy target.  My question would be, "Why is it okay for a bank to originate a stated loan and broker it while it's not okay for a mortgage brokerage to originate that mortgage?"

Susan:  There is nothing to be afraid of when using a mortgage broker as long as you and/or your client has done their research and know who they are dealing with.  The majority of mortgages made in the US are originated by mortgage brokerages.  When you count the mortgages that are originated by banks and other institutions that are brokered, almost all long term mortgages are originated by brokers.

 

Bob Mitchell

ValueList Real Estate Services, Inc. 

Aug 08, 2007 03:00 AM
» Bill Burress Nationwide Mortgage Originator
» Bill Burress Nationwide Mortgage Originator - Fort Myers, FL

MIchael:

This legislation insured MN a longer time to recover.  Also expect more foreclosures as a result of this legislation.  Expect more mortgage brokers to leave the state. More title companies and appraisers will fold also.

The lower income housing sector will be hit hard.  Many of those folks will not be able to get approved now.

How do you advertise rates that include taxes and insurance?  Every home is different.

Susan:

You have fallen into the trap.  Banks and credit unions have done an excellent job marketing and selling the media that they are safer with a bank or credit union.  Do you know what goes on inside the banks and credit unions? 

 

Aug 08, 2007 03:06 AM
Michael Schindler
Your IRA guy! - Galesville, WI

Susan,

Even with the programs we have at banks and credit unions (most of these only offer full doc type loans but some offer stated as well) even the "normal" programs seem to be tweaked daily with every ruffle that floats through  the real estate air.  Some brokers are good and some bankers aren't and vice versa-it all depends on the person you are dealing with (like realtors).

There is no golden answer other than, you need to talk more with the loan officer-whether it be a broker or banker and find out just how solid of deal they have (is it a full doc? do they need to be in a stated program?, etc).

Personally, I will call my realtors and sellers and tell them 'yes, it's a solid done deal" or " we have an approval subject to this or that".  I think keeping the transaction as stress free as we can for everyone involved is the best way to go.

Bill: "do you know what goes on inside the banks and credit unions"?  what does that mean?  Please don't bad mouth bankers (or anyone for that matter)-making generalizations about a specific part of our community does no one any good.  Anyone can state a generalization case for and against banks and brokers (and full service versus discount realtors versus FSBO for that matter)-it's the individual people that you chose to deal with that makes the transaction a success or a nightmare.

 

Aug 08, 2007 05:28 AM
Michael Schindler
Your IRA guy! - Galesville, WI

Bob:

Your question: "Why is it okay for a bank to originate a stated loan and broker it while it's not okay for a mortgage brokerage to originate that mortgage?"

I'd have to say that, because bankers are more regulated than brokers, they don't have the reputation that some brokers do.  brokers don't have the watchful eye over them like bankers do.  Examples:

Banks typically cap what their loan officers can charge for a loan while a broker doesn't necessarily have that restriction.

Banks typically don't have pre payment penalties

Bankers typically don't have access to the fancy "bells and whistles" types of programs that brokers do

Sadly, in Minnesota (up to now-and WI up to 2 years ago) you didn't need any kind of educational background to originate mortgages-scary huh!  and we wonder why there are such issues in this industry-can you imagine if there were no requirements to be a realtor, dentist, doctor, financial planner?

Bad Brokers have earned their reputation (and some of them have done some really stupid things) unfortunately, the bad press gets put on everyone in general.  There are a lot of honest, good brokers (and bankers) out there but, a few bad apples.........

 

 

Aug 08, 2007 05:41 AM
Eric Sunsdahl
Citizens State Bank NYA - Norwood Young America, MN

I see more issues coming out of this than before. I have talked to several people that are able to still do stated income loans in Minnesota, and the commen response by many of them now is, "I can still do stated, so I can charge what I want!".

By basically limiting the market and free enterprise it will possibly create more junk fees and higher spreads for certain or "niche" loans.

Oct 08, 2007 12:43 PM