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Smart business or redlining? What say you?

By
Real Estate Broker/Owner with Tutas Towne Realty, Inc and Garden Views Realty, LLC BK607690

Lenn Harley wrote a post yesterday titled "HIGH RISK RATING BY FANNIE MAE?? HOW ACCURATE IS IT?" If you haven't read it yet please take a minute to do so as it is very good "Hard Core Real Estate", as usual.

Lenn's post is talking about Fannie Mae rating one of her market areas in Virginia as "high risk" and therefore requiring Buyers to have a larger down payment and higher rate than what they would normally qualify for.

The problem with this, as Lenn points out, is that Buyers with very good credit are being penalized because the area they want to purchase in has been categorized as "high risk".

Now folks, my market, Poinciana Fl. Has also been categorized as "high risk". This is due to our high rate of mortgage defaults and our rapidly declining property values. The Lenders, in order to protect their interest, are looking at loans real hard and are requiring larger down payments.

Contrary to popular belief, this is not redlining! Every time I write about this folks tell me it's an illegal practice and they can't do that. Well they're wrong! Lenders have every right to not lend money or require stricter guidelines in areas where there is a history of bad loans.

What the Lender can't do is base this decision on........well here, read this:

"In the United States, the Fair Housing Act of 1968 was passed to fight the practice. It prohibited redlining when the criteria for redlining are based on race, religion, gender, familial status, disability, or ethnic origin."(wikipedia)

Fannie Mae and individual lenders ARE rating areas "high risk" and ARE hesitant to write loans in these areas. And they can legally do it.

Here's an email I received yesterday from a Buyer purchasing one of my listings.

"Hi Bryant, it's xxxxx and I wanted to give you a quick update, unfortunately because of the lack of any comparable sales within the past 6 months and quickly falling sales and home prices the appraisal came back lower than expected however to compensate for the "declining property value" I have to put down a larger down payment, that is not what I hoped for but I really think the house will eventually bounce back up so that is a risk I am willing to take." END

I want to add that the appraisal came back at the purchase price. The appraisal was not low it was right on the money. But in a "high risk" area, right on the money is not good enough. They are requesting the Buyer place an additional 5% down. Her credit score is over 700 and she makes far more income than needed, to qualify for the loan. She's the perfect Buyer. It doesn't matter. Poinciana has been stigmatized and the Buyer now has to pay for others who couldn't or wouldn't.

And that's the way it is in Poinciana Fl. Believe it or not!!

Sell Poinciana Real Estate Poinciana Real Estate Poinciana Real Estate Poinciana Real Estate Agent

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Comments(42)

Fran Gatti
RE/MAX Integrity - Medford, OR
Managing Principal Broker - RE/MAX Integrity

Bryant,

I hope that doesn't happen in my market and I'm very sorry it's happened in yours.  It's a shame for the buyer's who are stable and able to have to suffer for the high risk borrower's that paved the way.

Feb 12, 2008 05:37 PM
Jesse Clifton
Jesse Clifton & Associates - Fairbanks, AK

Lenza has it pegged.  For so long everyone seemed to be asleep at the helm.. it's like all of a sudden they work up and realized they were heading for a iceberg but it was too late to stop it.  Now, rather than put appropriate credit risk rules in place, they simply overreact and steer the other direction, leaving high and low risk buyers to pay the price for their ineptitude. 

Feb 12, 2008 07:04 PM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645
Just when you thought your market was tough they make it worse.  My big problem with that is that they are making it harder for those =struggling from selling their homes.  That should just make the foreclosures go up further.
Feb 12, 2008 07:48 PM
Laurie Mindnich
Centennial, CO

BB, while I haven't experienced it yet in all of its glory, I'm dreading the explanation to sellers that price their homes correctly, yet have to hear a bit more bad news...

oh- and *edit*: remind TLW that she's "out of" your league, as well, on this.  Pahleeeeeaaase.

Feb 12, 2008 10:48 PM
Dan Forbes
Bradenton, FL
BB, It's still the golden rule....He who has the gold, makes the rules.  It I were lending money to others I would do the same thing.
Feb 12, 2008 10:56 PM
Matthew J Blum - (retired from the business)
Palm Beach Gardens, FL
Bryant. AWESOME Post. As you know I am in South Florida and people are having a tough time. They will go on line and read where it shows 95% etc.... and then when I tell them that they would need an additional 5% They tell me I am wrong that the banks don't really mean that..
Feb 12, 2008 11:51 PM
Melina Tomson
Tomson Burnham, llc Licensed in the State of Oregon - Salem, OR
Principal Broker/Owner, M.S.
Andrew Lenza's metaphor is so appropriate. We are a level 1 area, so we won't face this issue. I feel for the buyers who are good buyers and responsible people.  Lenders are going to overcompensate in many ways, I think.
Feb 13, 2008 01:57 AM
R. B. "Bob" Mitchell - Loan Officer Raleigh/Durham
Bank of England (NMLS#418481) - Raleigh, NC
Bob Mitchell (NMLS#1046286)

Hmmm?  Seems like a slippery slope to me!  While it may be legal, it doesn't make it right.  Also, I am of the belief that once the problems in the credit industry are either fixed or they work themselves out, the housing market will come bouncing right back!

I base this believe on the fact that housing formations are continuing to rise and the population is continuing to grow.  Even in markets that did experience a balloon, there was a reason that they ballooned - because people wanted to live there!

Bob's prediction.....when this is all over and things get back to "normal" this will look like a knee-jerk reaction.

 

Bob Mitchell

ValueList Real Estate Services, Inc. 

Feb 13, 2008 03:40 AM
1~Judi Barrett
Integrity Real Estate Services 116 SE AVE N, Idabel, OK 74745 - Idabel, OK
BS Ed, Integrity Real Estate Services -IDABEL OK
BB - I have not had to deal with this, but it must be the "PITS" for those in the high risk areas, brokers, buyers, and sellers.  I will be glad when things "settle out".
Feb 13, 2008 06:49 AM
Rob Arnold
Sand Dollar Realty Group, Inc. - Altamonte Springs, FL
Metro Orlando Full Service - Investor Friendly & F
I talked to 2 different loan officers that have told me that effective 3/1/08 that the entire state of Florida will be considered high risk and thus all conventional loans will require a minimum 10% down payment.
Feb 13, 2008 08:46 AM
Rich Kruse
Gryphon USA, Ltd. - Columbus, OH
At least you have buyers bro.
Feb 13, 2008 08:50 AM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

Hey I just noticed I haven't even commented on my own post!!!! What's up with that? OK I admit I have been very busy this week. Writing offers, negotiating, listing, sorting through probate and short sale properties and I just picked up a couple of REOs. Now if I could just get paid for all my hard work!!!

As always I appreciate you stopping by and participating. THANKS!!!

Feb 13, 2008 09:07 AM
ARDELL DellaLoggia
Better Properties Seattle - Kirkland, WA

I don't think I comment when I was here before.  Having been in the Banking Industry for many years prior to real estate, I can tell you that whether or not it is considered Redlining from a legal standpoint, it is pretty close to the real thing.  I wonder if it is just because it is harder to make a case against the bad loan data than the makeup of the area where the bad loan data is. 

I'm sure that the same areas that were redlined in the past, will be included under this method.

Feb 13, 2008 01:12 PM
Katrina Madewell
Charles Rutenberg Rlty- More than 5,000 agents(813) 777-1196 - Tampa, FL
Tampa FL Homes for sale | Tampa Bay - (813) 777-1196

indeed.

This was directed on lenders not lending in a predominently white, black, hispanic.. or even the purple people eaters area zip code etc etc etc for that matter.

Great way to clarify the facts for people.  i love your blogs, they are SO informative, funny, crazy and factual... not sure how you and TLW always manage to package all of that together, but great job....

Keep on BLOGGING BOY

Feb 13, 2008 04:54 PM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital
Bryant, I'm going through this exact same thing with a buyer whose down payment is 25%, credit score is in the 800's, a property in a very popular part of the DC Metro area, and while this area is not "declining", 30 miles down the road it is, and this lender has lumped the entire area as troubled.  Go figure!
Feb 14, 2008 02:27 AM
Barbara-Jo Roberts Berberi, MA, PSA, TRC - Greater Clearwater Florida Residential Real Estate Professional
Charles Rutenberg Realty - Clearwater, FL
Palm Harbor, Dunedin, Clearwater, Safety Harbor
Great information - I always enjoy how you can take something that seems complicated and explain it so well!
Feb 14, 2008 11:17 AM
Allison Stewart
St.Cloud Homes - Saint Cloud, FL
St. Cloud Fl Realtor, Osceola County Real Estate 407-616-9904
Broker BRYANT- Good investments are made in hard times.  When the market eventually bounces back, the ones who bought at the low will profit the greatest.  You are right, some areas have been more hard hit than others, personally I am happy to see a return of affordable homes to Florida.
Feb 15, 2008 02:12 AM
Karen Luke
South Metro Property Management, LLC - McDonough, GA
Henry County Real Estate

BB,

How I find out if my market has been labeled a declining market? Good grief, most of the county is in a "declining market?"  I don't want to find out the week before closing.

Feb 15, 2008 02:24 AM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!
Bryant- So the innocent and hard working people with good credit suffer for the acts of others who do not take responsibility. I love Lenn's comment and she is more than right. No, it is not redlining but I have also seen in some studies that the breakdowns of the highest defaulted loans are in areas that are predominantly low income, black and then hispanic. These same studies also showed that Asian areas are the lowest default areas, the government is looking at the racial aspect of this whole thing and then they say you are not to redline. Technically they are not redlining, but gathering racial data to see who defaults the most, what is up with that?
Feb 15, 2008 12:32 PM
Jolynne Photography, Creative Wedding Photography, Family Portraits, Bar Mitzvahs
Jolynne Photography - Hemet, CA
Bat Mitzvahs, Senior Pictures, Event Photography

A REAL buyer actually said that? Gosh...does she have a sister?

Out here, it doesn't matter if the appraisal comes in at the sale price...the conforming loan products have a 5% reduction across the board because of 'declining market'.

Oh...and an extra .25 discount points just in case that extra 5% didn't hurt!

Hang in there buddy.

Feb 16, 2008 08:18 AM