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High Noon in Long Beach, CA

By
Commercial Real Estate Agent with Matthews Capital Markets NMLS 2415712

gunfightThe California Association of Mortgage Brokers, the same organization that sponsored the trade show that featured completely irresponsible lending practices,  has drawn a line in the sand with this statement that all loan originators need to be licensed. 

"We believe there should be a barrier to entry besides being able to fill out a job application form," said Michael Faust, CAMB's government affairs chairman.

Sounds pretty good, doesn't it?

Not to be outdone, the California Mortgage Bankers Association, fired a shot across the bow of the brokers' association with this statement refuting their demand today.

Dustin Hobbs, spokesman for the California Mortgage Bankers Association, said his group objects to the licensing measure, saying that Department of Corporation licenses have better consumer protections."Employees", he said, "must receive training before they can set up loans for homeowners, and their employers undergo regular audits and must meet minimum capital requirements."

The bankers make a pretty good case, also.  They are held to higher regulatory audits than DRE licensed brokers. 

What about the federally-chartered banks?  Federally chartered banks are exempt from state licensing and these guys are conspicuously absent in their comments.  The banks will never encourage their employees to get originator's licenses because it makes their originators marketable.  Why should they?  The federal banks don't play by the same rules as the rest of the originators anyway !

Are there close to 1 million people originating loans in California as the mortgage brokers suggest?  I think not.  That would be one originator for every 38 people in the state or one originator for every ten familes.  I think this is just another protectionist ploy by an organization with declining membership.  The press release also calls for new disclosures for "exotic mortgages".  Remember this is the same organization who encouraged lenders who offer  100%, stated-income, negative amortization loans, to exhibit at their San Diego trade show.

I think this is CAMB's last straw to show its declining membership that it has value.

Comments(12)

Robert D. Ashby
Cruise Planners of South Florida - Plantation, FL
Providing Personalized Travel

Nice post Brian.

I am a member of FAMB, but they seem to be growing, not decreasing.  They also do not encourage programs that do not make sense.

Nov 02, 2006 10:45 AM
Leo Namiot - LeoLends.com
Canopy Mortgage - Leo Namiot - Saint Augustine, FL
More than just great rates
Great post, nothing wrong with a good ol' fashion shoot out :-)
Nov 02, 2006 11:24 AM
Shane Ramer
Solano Mortgage - Vacaville, CA
My fiance and I were thinking of San Diego as a potential place to call home after our wedding. Brian, how does the mortgage market in San Diego differ from the market up here in Northern California? Or is it suprisingly similar?
Nov 02, 2006 12:05 PM
Rob Wills
Gilpin Realty Inc. - Everett, WA
Loan originators and brokers should have to get formal training and go through and conform to ethics rules. They should have continueing education requirements, monitored by the state. I know Washington is headed that way. There are to many un ethical loan officers out there.
Nov 02, 2006 02:42 PM
Brian Brady
Matthews Capital Markets - Tampa, FL
858-699-4590

Rob:

I think you are correct.  However, if more liability is put on the brokers of record (real estate) and responsible individuals (mortgage companies) , you will get a desireable result.

One of the reasons that we  try to use our brokers license instead of our lenders license (we have both in CA) is because we can transfer the liability for fraudulent applications or errors to the licensee.  If we had to take on more liabilty (as a company), we would have to become much more careful in our hiring practicves and our training practices.

Excellent comment! 

Nov 02, 2006 02:48 PM
Lance & Elaine Wells
Connect Realty Boise Eagle Idaho - Eagle, ID

As loan originators ourselves, We think that all states will eventually have licensing requirements.  We think it is a good idea.

Nov 02, 2006 10:28 PM
Michael Roberts
Real Estate Professionals of Glynn - Saint Simons Island, GA
OK... Since there are a few bad apples in the barrel, let's just setup a two part exam that is required of anyone originating a loan, no matter what his organization is called.  The first part would be on State and possibly local issues and requirements.  The second would be on national equivalents... including all inclusive ethics.... this should sound familiar as at least here in Georgia.... that is how State Law is written for Licensing realtors... so why should anyone who deals with the largest expense, investment a consumer make be unlicensed period?  None... so let's go out and find a couple of legislators state and federal to write a bill.... oops... I guess I slipped off into la la land.... I forgot... the reason it doesn't happen.... Politics....
Nov 03, 2006 01:15 AM
Roberta Murphy
San Diego Previews Real Estate - Carlsbad, CA
Carlsbad Real Estate and Homes

Brian: Don't even get me started.

1. It drives me up the wall to think that haridressers go through far more mandated training than real estate licensees. Grrrr....

2.I believe there should be SEPARATE licenses for real estate salespeople and loan originators.  

3. Just as dual agency can compromise the best interests of clients, I also question real estate agents doing loans--and loan brokers who sell real estate to their clients. At a minimal level, separate licenses should be required. 

Just my opinion. 

 

Nov 03, 2006 02:15 AM
Brian Brady
Matthews Capital Markets - Tampa, FL
858-699-4590

I'm glad to hear from you, Roberta because you know how this game is played (the Cali game).

National loan originators licensing, similar to the NASD for securitis salespeople, will help our business.  Here's the run:

Will the federal banks play ball or will they just scream EXEMPTION

It should be fair for all origination companies 

Nov 03, 2006 02:59 AM
Roberta Murphy
San Diego Previews Real Estate - Carlsbad, CA
Carlsbad Real Estate and Homes

Brian: I believe in required licensing for all. It does not matter whether one works for a bank or works independently. I like the idea of licensing on both a national and state level--for both real estate salespeople and loan originators.

Separate licensing.

If a home is the average American's largest investment, I think licensing requirements should be at least as stiff as what is required for securities salespeople. 

As I warned, don't get me started! Lol!

Nov 03, 2006 03:08 AM
Brian Brady
Matthews Capital Markets - Tampa, FL
858-699-4590

Roberta:

That is why I posted this; to get people started.

I agree with you...in principle.  I have nothing to be threatened about on a personal level.  I held a Series 7 license.  National Loan Originator's license would be better for me as it would significantly reduce the amount of loan originators out there.

Let me pose a question to you (and everybody).  Would licensing increse the costs of funds to consumers?  Would it really protect the consumer? 

Nov 03, 2006 03:12 AM
raman kandola
kandola mortgage services - San Jose, CA

  Brian,

    I am glad you did have a blog about this,  I have been thinking about placing about "mortgage brokers", "loan officers" in each block out doing, and out placing themselves.  I have some seen

more than half of the originators don't even know the kinds of program they can better assist their clients, and the risk rate they can put or avail.  I have seen a lot of people get in trouble in their payments, because of "faulty" origination.  In the business where we are, sky is the limit in making money, and their is hardly any compliance for the originators.  They have to put some some codes, where we all can comply and abide.  I bet you people who are in foreclosure, right now. In one form or the other, originators are responsible !

Dec 24, 2006 09:18 PM