HR 3915 - The slaughter of the mortgage brokerage industry?

I was just sent a link to sign a petition against a proposed Bill H.R. 3915 written by Miller, Watt, and Frank.  which effectively will annihilate the mortgage brokerage industry.

 Here is the link to the Bill

http://www.house.gov/apps/list/press/financialsvcs_dem/subprimeleg.pdf

This legislation is geared to remove the financial incentives paid by lending institutions to brokers as a means to attract loans.   In short, these wunderkind politicians have seen the light to solve the mortgage industry crisis and simply put, it is to only allow broker licenses to individuals with substantial net worths (increases limit from $25,000 to $100,000); to force brokers to act solely as agents (not able to go to the free markets); and to eliminate financial incentives (Yield Spread Premiums) paid by lending institutions to brokers. 

Clearly they have concluded that brokers are the single reason for the current mortgage crisis.  It should not surprise me that our government once again holds voters free of responsibility and chooses to blame one segment of an industry responsible for effects of the free market at work. 

YSP is nothing more than the free market at work. It is a mechanism for lending institutions to influence the markets as needed to achieve its own objectives.  YSP is simply how much a lender is willing to pay a broker for delivering a loan at a certain interest rate.  Every bank offers differing interest rates on Certificates of Deposits or savings accounts depending on that specific institutions liquidity needs at a given time. Mortgages of various loan structures and terms are no different. Every lender offers different rates for each type of mortgage they offer based on a multitude of factors such as their respective demand for certain loan types, interest spread margins which ultimately lead to net profit margins, appetite for risk, among other reasons.  The fact that brokers actually responded to the various associated YSP incentives is somehow a problem explains a lot about our legislators.  If they relied upon people to act rationally, none of them would have jobs.

To think that removing YSP's paid to brokers will in any way remedy the mortgage crisis or help avoid a repeat in the future is pure ignorance.  Brokers do not set YSP levels or approve loans, lenders do.  As the president of Equity Advantage Mortgage Corporation, I come from a strong commercial banking background.  In my 22 year banking career, if you made stupid underwriting decisions, you ended up with a bunch of bad loans and lots of loan losses.  My salary had nothing to do with it.  The credit policy of every bank is different.  That is why banks with very loose underwriting guidelines make a lot of money when they are originating loans, but suffer the greatest losses and fail when all those bad loans come home to roost.  More conservative lenders, I assure you, are not suffering the same fate of losses as the "anything goes" lenders are.  The free market place is merely shaking out all the loans which never should have been approved.  It was not the fault of the brokers (save those who committed fraud in preparing loan applications).  The lenders themselves reviewed every single file and funded every single loan, and some lenders actually did decline loans that others took with open arms.  Borrowers are also not excused from knowing that their payments had the potential to increase 30% a month in two years and that they had no legitimate way to ever afford making those payments. 

I am not trying to lay off blame as there is a lot to go around.  My issue is that unfounded and clearly poorly thought-out legislation to declare brokers as the cause of the problem and thus to eliminate their right to compensation is something we simply must not allow to stand.

I subscribe to economist Adam Smith's invisible hand theory which states that the free market will intervene (thus the invisible hand) and cause the market to return to equilibrium.  Lenders which had very loose underwriting guidelines will suffer losses and/or fail.  In certain cases, where brokers were involved, the recourse to the brokers has been invoked and those brokers have suffered losses and/or failed.  The invisible hand is causing lenders to tighten up loan underwriting standards to avoid suffering future losses.  If not, they will fail.  The investors in the secondary market have cut and run from purchasing new mortgage backed securities until they are satisfied that the new loans are underwritten more conservatively.  All of these events are inter-related and force the markets back to equilibrium eventually.  I recognize that peoples lives are being devastated in the interim, but legislation will not serve to ease that problem, certainly not this legislation.

So ask yourself why so many loans are going into foreclosure now.  If you wanted to make bad loans, there is no shortage to be had now and you could have perhaps several million very happy customers.  But alas, the lenders will not underwrite those loans now, nor will investors purchase the portfolios, so the existing loans will result in foreclosures. This is the Invisible Hand principle at work.

Why these small minded legislators think that eliminating YSP's to brokers is somehow the answer is baffling to me.   The market forces are working just fine.  I believe in democracy and freedom.  I have the right to make a living and I already have legislation I am subject to.  Guess what, I can't get a loan approved now that I could have six months ago and it has nothing to do with my YSP, or even my RIGHT to be paid a YSP.  The lenders simply have tighter guidelines now. 

Thank you Congressmen, but we don't need your "help".  Try and justify your existence some other way.   I have already written my Senators and Congressman to urge them to vote no, as well as signed a petition http://www.petitiononline.com/HR3915/.  Please make your voice heard as well.  It's up to us to ensure this legislation does not pass.

 
 

4 Comments on HR 3915 - The slaughter of the mortgage brokerage industry?

Barny Frank is a jackass.  He should stick to the gay escort business and stop ripping off America.

11/02/2007 01:08 PM by Jay Evins


Check out the link below on another very informative blog about HR Bill 3915... It has alot of informative things to say that are similar to what this blog says only from a different angle...

www.brokerysp.blogspot.com

 It is true that lenders with loose underwriting guidelines are very responsible for high foreclosure rates in this market, they trully live the life of gangsters making a bunch of money doing wrong things and for a short period of time enjoy the luxuries of life...

 However, David, you have to understand that just because the opportunity to charge a YSP is present, doesn't mean its right for a Mortgage Broker to take advantage of the borrowers.  You made a lot of very good points in your blog, but you fail to realize that at its simplest state, the mortgage brokers are the ones who are dealing with the borrowers and are therefore the ones putting the borrowers in these positions where they ahve inflated rates because the broker got gready and chose to charge a huge YSP... Further, the borrower should know what is going on and they should be in a position to make an educated decision about their mortgage... But guess what, there are no classes to teach borrowers how to understand negative amortization loans or how the indices change and whihc one to pick if they were to get into a variable rate loan, lol, half of the loan officers in today' market do not know that kind of stuff... What I'm trying to say is that is the Mortgage Broker' job to educate the borrower so that they CAN be in a position to make an educated financial decision... Instead, all they try to do is incorporate themselves and find any possibel way to hide the YSP that HR Bill 3915 is going to take away, and instead of expaining to them exactly whats going on when their rates are inflated, they use selling techniques to convince the borrowers that their rate is high becuase of their credit score or they don't amke enouhg money, or some reason they decide to come up with...

 And again, despite what i may have said above, i trully feel that the reason for this market condition is not because of the lenders, because no matter what happens, bad lenders will always be present, its not because of the mortgage brokers, because again their will always be two faced brokers taking advantage of  borrowers... It is because of the inexperienced loan officers and real estate agents who don'ut understand the market themselves, who rape clients up and down the block for as much money as possible... The real estate field has become a freeway for people looking to make quick easy money, and because we let them in, they have ruined our market...

 In essence, there will always be bad lenders and bad brokers trying to rip off clints because they believe in the one hitter quitter method rather than building a client base that lasts for generations... This HR Bill 3915 will definitely help the market get back to its equilibrium...

 And as for that economist literature that your reading, you need to understand that for every effect there is a cause, therefore, there is no such thing as an invisible hand, not at all, lol, the thought of that makes me laugh so much because I'm sure the book made perfect sense to you; rest assured that the literature was just well written to have that effect... but the fact of the matter is there are politicians and people with power who control things in this country and decide what happens, i guess the fact that we do not know who they are nor who they represent, makes their actions invisible, lol...

 Here is another blog on poor loan officers www.rtjfin.blogspot.com

11/26/2007 01:00 PM by RTJ Financial


My friend, I appreciate your comments very much, however, I believe you are misguided.  Removing YSP's simply will lead to charging clients higher points for those same loans.  At least with a YSP, the interest rate impact is only in effect as long as the loan exists, but points are paid up front regardless of the term of the loan.  Therefore, the client will ultimately pay more in the long run.  Secondly, the invisible hand does work if there is no interference from government.  That is exactly my point.  You actually are agreeing with me by telling me I am being bamboozled by theorists because the goverment really is controlling economic events.  Yes, they are, and interfering with the invisible hand.

It sounds like while you do not like government interference yourself, you are simultaneously calling on the government to teach people how to understand finance.  That is a tall order.  I do believe there is blame in virtually all areas of the industry.  My issue with the Bill is that it really singles out brokers and the YSP as the scapegoats.  Why not cut Real Estate agents' commissions to 1% flat?  Why not mandate across the board flat interest rates to lenders for those loans Fannie Mae and FHA purchase?  If they want to protect so called "victims" (borrowers) who were taken advantage of, then government needs to address the problems across the board.  I certainly prefer they just leave the situation as it is and let the market (invisible hand) work it out as I have explained.  If the average borrower is deemed too naive in matters of home finance, what makes our legislators any more expert? 

11/26/2007 01:15 PM by Equity Advantage Mortgage Corporation


Wow, again, I really agree with some of the things you are saying and not so much with others... Firstly, I do believe that their is enough blame to go throughout the entire industry, but again, you have to look at how what really effects the borrowers and puts them in this situation...

 You mentioned that the same amount of points will be charged up front as were charged on the back end and that it was better to have them charged on the back end... Thats not true, I mean there are some good salesmen out there, but no one can sell a loan for 4-6 points easily, maybe 3 if the loan amount is not too big, but with commercials like Countrywide offering the "No Closing Cost" fake A$$ loan program that no one really qualifies for, and as much attention and so called mortgage education that the media gives to this industry, the borrowers are becoming aware of at least what up front fees they are being charged and are learning to shop around and weigh their options before giving in to a fast talking salesman... Hence, the same amount of points are not going to be charged, most borrowers will simply not go for it... And in regards to it being better to get charged on the back end, I would have to refer you my friend to an amortization schedule where 0.5% charged on the back end bumps a rate up about .25% on the front, over the life of the loan, that .25% to the rate comes back around and on a $300,000 loan can be as much as $40,000, in comparison to the borrower just paying a measley $1,500 up front and saving that $40,000 over the life of the loan to invest in other things...

 As for the invisible hand, I must say that I am still a bit confused that you said that I was actually agreeing with you... I do not believe that the government has all the answers and that they know anymore than the general public because they too are puppets for more powerful, invisible, per say, people...  I do believe however, that the this bill will at least help things out... I do agree that they could have hit other mediums like limiting the amount of commision real estate agents could charge, because they too hold the blame for the market failure, but primarily, and at its simplest point, its the loans that are messing these people up and making them default... If a Real Estate Agent pushes a borrower to buy the more expensive house because their commission will be higher, it shouldn't matter because if the loan is done right, and they really can afford that the house, then everything will be fine, but if the loan is done faulty, then that borrower will eventually default and maybe should have chosen the less expensive house... I guess what i was trying to say was that even if the agent pushes the borrower, if the numbers don't work, they don't work... Again, thats not saying that the agents are not to blame, just that if the loan officers were doing heir job right, then it wouldn't matter what the real estate agents did...

 I also agree that this bill is using the mortgage brokers, like myself, as escape routes, but honestly and ethically the right way to make money is not to hide it from the borrowers, but to treat them well and disclose "almost" everything while putting them in an "affordable" loan so that they can either come back to you and/or generate referral business... I mean when you go to buy a car, you don't really know too much about what goes on behind th scenes or when you go get your car fixed, if its something too technical then you really won't know whats going on, wouldn't you feel better if the salesman or the mechanic explained everything to you and made you feel good about sepnding your money... But I guess i have to come back to reality and realize that the rich are made by cheating and scandalizing others, not by being honest and ethical... How Ironic....

11/27/2007 06:40 PM by RTJ Financial


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Mortgage Company: Equity Advantage Mortgage Corporation
David Alterman
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