This is one of the things promised back in December from the Federal Reserve that will likely be harmful to the consumer even though the government doesn't believe that statement.  So, let's look at the highlights. 

The final rule adds four key protections for a newly defined category of "higher-priced mortgage loans" secured by a consumer's principal dwelling.  For loans in this category, these protections will:

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        • Prohibit a lender from making a loan without regard to borrowers' ability to repay the loan from income and assets other than the home's value.  A lender complies, in part, by assessing repayment ability based on the highest scheduled payment in the first seven years of the loan. To show that a lender violated this prohibition, a borrower does not need to demonstrate that it is part of a "pattern or practice."
          My comment:  Two things, the first being that it essentially eliminates "stated" loans.  While that may be a good thing on the surface, many Americans that deserve to be in homes may not qualify anymore, especially small business owners who are aggressive with their tax deductions.  The other part is that any lawsuits or complaints are sided with the borrower, further restricting loans.  I am all in favor of borrower protection, but overdoing it actually hurts the borrower.
        • Require creditors to verify the income and assets they rely upon to determine repayment ability.
          My Comment:  Again, read it as "no more stated or no doc loans, period."  A harmful move for many Americans who have the ability to repay, but cannot "show it on paper."
        • Ban any prepayment penalty if the payment can change in the initial four years.  For other higher-priced loans, a prepayment penalty period cannot last for more than two years. This rule is substantially more restrictive than originally proposed.
          My Comment:  Forget about those declining prepayment penalties, so expect prepayment penalties to rise to a level penalty for the duration.  The limitation of 2 years is basically moot as most lenders used that limit before, since most subprime loans were 2 year ARMs.  This ruling is basically useless, except that it can further harm the consumer.
        • Require creditors to establish escrow accounts for property taxes and homeowner's insurance for all first-lien mortgage loans.
          My Comment:  This is one of the most harmful amendments.  Most homeowners can earn interest on these payments in investments, savings, etc. instead of surrendering that money to the lenders and earn nothing.  This move is like stealing money from the homeowners.

All in all, this final ruling on Truth in Lending will prove more harmful than good, yet another feeble attempt by the government to fix a problem through overregulation. 

 
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4 Comments on Federal Reserve Issues Final Rule Amending Regulation Z (Truth in Lending)

JUL
14
2008
894,549 Points 213 Featured Posts Localism Sponsor Outside Blog Hit Router

The remedies do appear to be quite Draconian.  As for the last one, I would support that if they can make a showing that many home owners default by not paying taxes or insuring the property.  That would have to be a real showing statistically borrowers are at risk without the escrow. 

 

11:04am • #1

I implore my clients to avoid impounds unless absolutely required by the lender.  I have nothing but clients calling because the lender has improperly send a refund and then the following year come back and request additional funds.  I suggest if they have an option for an auto-deduction from their paycheck or to set a special savings account and pay themselves each month.  The money will be there for taxes or an emergency.  No one handles your money better than you do.

As for the rest of your comments I agree that the regulators are over doing the consumer protection.  It will only make lending more costly.  Loans do not have to have income documented if for example verified assets correlate to what a professional claims for income.  But you cannot legislate common sense can you?

11:13am • #2
222,515 Points 19 Featured Posts Outside Blog

Robert,

I can hear the conforming loan clients: "Well that doesn't affect me!" Ya, right! What about your family and friends? What about your ability to find a buyer for your home, there will will be fewer buyers!

They curred the NIQ and the NINA problem! But, was there a problem?

Ban the prepayment penalties, that save consumers from another non-problem. It also forced cost up!

Require escrow accounts! Again they have curred a non-problem!

This saves no one, not consumer or house. But drives the cost  ofhome buying consumer a fortune, and lowers sales at a time when there is a glut on the market.

Once again the consumers pays billions to buy a few votes for congressmen!

If they save us any more we may have to invade Mexco. No Mexco enforces it's laws against invaders!

Very well presented!

Bill

5:35pm • #3

Looks like government officials really know how to mess things up worse.  First we have a senator put IndyMAc Bank out of business now we had the Feds making it harder to get a loan.

10:17pm • #4

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Robert D. Ashby, CMPS - Solid Rock Mortgage Corporation

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