As I've participated in the process as the most recent banking disaster has unfolded over the past 18 months, it seems that the major problem is lack of common sense. Presently, even well-qualified borrowers are having difficulties securing financing. Nearly all appraisals are being reviewed at least once. Everyone distrusts the other participants of the process.
I believe the following:
1. The majority of mortgage bankers and loan officers are honest.
2. The majority of appraisers are honest.
3. Everyone wants another group to take the fall for this mess.
4. Lenders are restricted from assisting foreclosure-threatened borrowers due to their dated mindset of "collect at any cost".
Further, here are some simple solutions:
1. License and regulate mortgage bankers and loan officers. The appraisal industry underwent licensing following the S & L debacle. Education requirements and accountability will only strengthen the industry.
2. Allow appraisers to accurately value property without coercion from lenders wanting specified values for loans nor underwriters with no appraisal training and review appraisers lacking local knowledge critiquing the work. And slow down a little bit! I'd prefer having a well-thought out appraisal value conscientiously developed than one rushed and slapped together to meet a lenders 24 hour timetable.
3. Work together as a team with each member of the process properly doing their part so there's no need to assign blame.
4. Recognize that foreclosure should be a last resort. Work with troubled borrowers to restructure loans allowing them to continue making payments. Very few people have lost their homes intentionally. Lenders taking homes and selling at a loss has no positive result causing homelessness, destroying family life, deflating community values, and too many additional negative consequences to completely list. If the borrower wants to remain in the home and make payments, structure it so they're able.
Summarizing, if we get back to the business we know and make good loans to borrowers able to make the payments, the capital will be restored for continued lending and we can pull ourselves out of this mess. Rates are great and prices are reasonable. I'm sure this is too simple to actually work, but so often the most simple solution is the best.
Richard, great post but I need to disagree with you as there are some untrained appraisers who have been threatened with their livelihood if they didn't bring in a certain value. The States in which these appraisers are licensed may have loose guidelines for their testing to get the licensing. There were some mortgage brokers out there that did make a quick buck and then run while there were some really awesome lenders and bankers that really did are and were and are professionals.
I believe even if a bank employ they should be held accountable like you said. However, the appraisers - alot of them don't understand what they really have to take into consideration. I come from a strong family background in appraiser and I just reviewed a file for an estate whereby a family member set the brick building on fire. The comparables used had different zoning and the PLA "price living area" with one zoning was $50 higher per sq. ft. then the properties real zoning. Appraising isn't for everybody and yet I hear "it's a quick buck" all the time. The appraisal is a well researched, validated from Realtors about the condition of the subject property instead of someone guessing the condition based on the MLS words in the comment section.
Foreclosure is the last resort but I'm reviewing files where fraud was made on stated income because "i had to have it" yet they couldn't afford the building under normal conventional terms. Greed got in the way, keeping up with the Jones' played a role, yet there were victims of mortgage fraud. I've got a file right now where the seller used the equity in her property to buy another property and she is trying to unload her old one. Because of a bad appraisal that said she was worth "x" and nobody in that area ever was worth "x" and she wasn't one of the top properties to even be worth "x" - she has to either get an equity loan on her new property to close out the old one or hold it with a negative monthly expense, plus needed repairs if she holds on to it that the lesser of two evils is a flip of a coin.
There are signature loans to help those who have been responsible with their mortgages yet because of the adjusting market, the defaults on the loans, the loss of equity that prices have adjusted yet some markets are taking a bath because they never could afford and any form of workout sometimes is inevitable because they use their credit card to pay for groceries to keep their head above water to pay there obscence mortgage payment. This isn't about whose to blame this is a credit crisis where programs hit the fan where everybody made money. It was bound to happen.
Nice dream trying to get everybody to love one another when it boils down to the way we could bounce back. I am positive and I have been to DC about these matters as a strategist - it isn't as easy as it sounds. I am from Michigan and my family has appraised the Western half of Michigan since 1911. They are developers, engineers, builders, my grandfather, my father, my two brothers and now my nephews are appraisers.
I agree that it can work but this world is not perfect and not everybody is honest. Oh, I wish for the old days where deals were done on a handshake and that meant as good as a blood signature. Look at the Constitution, it started out small and now we have amendments to amendments to the constitution. It becomes complex.
I am greatful that Michigan has a strong accountability and wish other states would follow in her footsteps with such strong ethics.
Thank you. (formerly from GR)