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The Mortgage Mess - How Did it Come to This?

By
Mortgage and Lending with ReadySetLoan Condo Team LLC

First off, there are many, many reasons for our current economic state.  Much of which is being spoken of in the media, some is not.  I wanted to share with you some information from a mortgage standpoint.

I am a mortgage broker. In 2007, I was made aware of an act that began in 1977 called the Community Reinvestment Act or CRA. Nearly 50% of my loan volume in 2007 came from CRA products. Lenders offered pricing incentives (increased commissions) if the borrower or the property's location met CRA guidelines. If the property was in a CRA-designated census tract or the borrower made less than 80% of the county's median income the loan would qualify for special CRA financing or a dramatic increase in my commission as much as 1.5%.

For example, Bank of America had a wholesale program (available through brokers like me) that allowed a borrower to be one day out of foreclosure, to be one day out of bankruptcy, to have open collection accounts, charge offs, judgments and repossessions, to be one day on the job with no other required job history and a 60% debt ratio (spend more than half of their gross monthly income on bills) to buy a home so long as they had a 620 credit score and made less than $60,000 per year. Now, many of your aren't mortgage people but does that not still sound absolutely ridiculous?

Why would lenders do this? They are REQUIRED by the government to do these loans. Due to the CRA, depository lenders that have a branch located in an area are required to do a minimum number of loans that meet CRA guidelines. Bank of America, for example, was mandated that 4 out of 10 loans closed in CT had to be CRA loans (in 2007) or else face stiff fines from the government because of the large amount they had on deposit here. They offer these special programs (the BoA one was definitely extreme) to incentivize their useage. This program was a beautiful thing for me and CRA-type borrowers, but what about the shareholders of the lenders and banks?

What is CRA? To answer this, let's go back to Carter's administration. In 1977, we saw the creation of the Community Reinvestment Act (CRA). The initial premise of the Act was to discourage "red lining" or the denial of mortgage loans in certain neighborhoods or due to a borrower's race and ethnic background. Red lining was very common back in the 1970s and also led to the creation of Fair Housing laws.

During the Clinton Administration, changes were made to allow the CRA to reach more people. Due to these changes, lenders like Countrywide were able to package subprime loans and sell them on the secondary market to companies like Bear Stearns, Merril Lynch and Morgan Stanley. Between 1993 and 1998, there was a 39% increase in CRA mortgage loans versus a 17% increase in other loans. These changes also allowed Fannie Mae and Freddie Mac to hold less leverage capital, only 2.5% versus 10% that are required of ordinary banks. As a result, in 2007 Fannie and Freddie owned or guaranteed around half of the $12 trillion in mortgage loans in the US.

In 1999, this article came out in the LA Times with reference to home ownership for blacks and hispanics being on the upswing due to increased pressure from the Government.

The article praises the efforts of the Clinton Administration for forcing Fannie and Freddie to devote a certain percentage of their loan portfolio to lower-income and minority borrowers. While this Affirmative Action-type mandate may sound good, there is a reason why lower-income borrowers were not lent to in the first place - they have a higher rate of default (irrespective of their race and ethnicity.)

Per the article: "The two companies are now required to devote 42% of their portfolios to loans for low- and moderate-income borrowers; HUD, which has the authority to set the targets, is poised to propose an increase this summer. Although Fannie Mae actually has exceeded its target since 1994, it is resisting any hike. It argues that a higher target would only produce more loan defaults by pressuring banks to accept unsafe borrowers. HUD says Fannie Mae is resisting more low-income loans because they are less profitable."

Key point in that paragraph is that "[Fannie Mae] is resisting any hike". Having a huge portfolio comprised of 42% high-risk loans and 2.5% leverage should seem unreasonable, even for the economically-challenged. Basically, through government interference of Fannie's and Freddie's business practices, it would ultimately cause their demise. And unlike what Barney Frank said in 2003 as he opposed moving the oversight of the companies into the Department of the Treasury, the government, as we know, did bail out the companies.

There are still no-money down financing programs available and, wouldn't you know it, they are all through the government.  However, unlike that crazy Bank of America loan that I mentioned above in paragraph 3, these loans have been set up in such a way that they do not suck money out of the government.  For more information about these loans, you can visit our website, email me to eboucher@dynamicfundingonline.com or call our office at 860-282-6182.

Eric Boucher
Dynamic Funding Solutions
www.dynamicfundingonline.com

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Erin Griffin
Corby Mortgage Services, Inc. - Chicago, IL
MBA - Vice President

Hi Eric,

I too sold CRA loans, 100% financing with debt ratios up to 65%, insane. Thankfully most of my customers have not foreclosed at least yet, I try to counsel my clients and even tell them to wait if it seems ludicrous. There is no doubt the system has been melting down for years with the lack of regulations and monitoring. I did not even need a license until a few years ago - insane. Realtors have to go to classes yet the people in charge of the money can just be plucked of the street.

Nov 10, 2008 09:09 AM
ReadySetLoan Team
ReadySetLoan Condo Team LLC - South Windsor, CT
Residential, Commercial & Condo Financing Experts

Thank you for your comment Erin.  Like you, I have also kept in contact with the clients who utilized these loans.  A couple have gone to foreclosure one due to injuries and another to job loss.

I have a real estate background.  It took 60 hours of classes in CT to get a salesperson's licence and an additional 60 to get a broker's license.  However, in mortgages, there are no classes for LO's and brokers are required to have three years of experience in ANY facet of mortgages (including working the lock desk of a lender) and a net worth of $25k.  No schooling whatsoever.  There are changes in the works but nothing yet.

Nov 10, 2008 01:56 PM
Mark MacKenzie
Phoenix, AZ

These types of programs are just one part of the catalyst.

You also had rampant speculation as well as mortgage fraud.

THe underlying systemic problem is that there was simply not enough oversight on so many different levels.

Fortunately, now, there is oversight, but there is also a lot of fear about the housing market.

Nov 23, 2008 12:03 AM
ReadySetLoan Team
ReadySetLoan Condo Team LLC - South Windsor, CT
Residential, Commercial & Condo Financing Experts

Absolutely, Mark.  Speculative buying is especially affecting the markets in Florida and Arizona although it has been less of a factor here in Connecticut.

The regulations for oversight have been in place.  There are new rules that are proposed and have been passed recently to tighten this further.  However, the enforcement of these regulations should be the focus.  In 2004, the Office of Federal Housing Enterprise Oversight (OFHEO) brought problems with Fannie Mae's books to the House of Representatives and was ridiculed for it.  If you haven't seen this video, you should take the time to watch it.  It does portray the events in a partisan light but ultimately shows that Congress was asleep at the wheel.

Nov 23, 2008 12:55 AM
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Nov 28, 2008 12:40 AM
#5
Matt Listro
National Credit Fixers - Matt Listro - Vernon, CT
Your Credit Repair Expert

Those loan programs are just crazy! Someone with a large income with a 60% DTI might be able to live on the difference but most moderate income borrowers would not!

Matt Listro

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Feb 12, 2009 04:24 AM