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My Panties Are In A Bunch ... But It's Not My Fault!!

By
Mortgage and Lending with American Home Mortgage

I take the time to read up on the daily Real Estate / Mortgage buzz when I eat my lunch.  Today I came across this  http://money.cnn.com/2007/05/01/real_estate/bubble_buyers.moneymag/index.htm article.  It really "bunched my panties" as the saying goes. 

At what point do consumers who enter into ANY mortgage let alone an ARM or Option ARM get to take some of the responsibility for not knowing what type of loan they are in?  To anyone who thinks they can get a 30 year fixed loan at 1% - stop it and actually read what you are signing.  If you are refinancing you have 3 days to take your papers to a real estate attorney.  I recommend fellow Active Rainer Chris Sevick to all my clients if they feel the least bit skeptical about their loan documents.  Guess what?  Not ONE client has called Chris to go over their docs.  Whether I did or the closer did a good enough job explaining the loan the client was entering into, is irrelevant.  That client had the tools and resources (name of a disinterested 4TH party) to help explain things further.

I am not that naive to believe that everyone who signs up for an ARM or Option Arm knows exactly what is what.  Because there are many loan officers who themselves didn't know how an Option ARM works or how an ARM actually adjusts.  They advertised the 1% rate because THEY COULD.  Was it ethical to do so?  I'll let everyone else be the judge of that.  In my opinion it was completely irresponsible to advertise a 1% rate.  Lenders did that because they know that would make the phone ring.  The phone did in fact ring and a lot of business was written because of it.  But remember back in 2004 and 2005 when a lot of ARMS and Option Arms were originated the economy appeared to be strong and nobody was complaining.  Now however, Detroit can't make any money selling cars, companies are moving big parts of their operations to India and the Real Estate industry is in a "correction" stage.  So the consumer is fighting back by saying it's our fault.  I simply think they are wrong.  

What bothers me the most is the entire Mortgage Broker / Mortgage Banker industry gets pigeon holed into the "you are an evil predatory lender" bucket when an article like the one I have linked gets read.  I recently lost a purchase transaction because the sellers agent said I was "one of those brokers" and not a bank.  The fact of the matter is this:  It only takes 1 rotten egg to make the fridge stink.  Yes there are un-ethical lenders out there that prey on people and yes I feel like they should be held accountable.  But as soon as the first person claimed they were a victim of predatory lending because they agreed to enter into an ARM it became the "IN" thing to do and it just snowballed from there. 

I must confess I have in fact written 1 Option Arm in my career (just over 4 years).  That client has since refinanced into a fixed rate mortgage.  Does that mean I am to blame for all the woes in the sub prime market today?  I say again the entire sub-prime implosion is not my fault even though I originated an Option Arm.

To the consumer who is looking for a mortgage - ask questions ask A LOT of questions.  If you still don't understand your potential loan ask more questions.  Get with a Real Estate Attorney and ask them questions ask the Escrow Agent who is closing the loan questions.  Mistakes have been made in our industry that is a fact.  However, YOU are now responsible for the mortgage that you enter into because you have the tools, references and the knowledge TO ASK QUESTIONS before you sign anything.

 

 

Lisa Hill
Florida Property Experts - Daytona Beach, FL
Daytona Beach Real Estate
One of my biggest issues with this entire industry is the dishonesty. But I guess that will be found in any industry *sigh*
May 02, 2007 06:46 AM
Jonathan Vetter
Mercury Lending - San Francisco, CA
I like you passion.  You can't take it personally, though that is a tough thing to do.  Know you are doing a good job, and be proud of what you do as a good loan officer.  That is the only way to look at it.  Change the outlook of the mortgage business one day at a time!
May 02, 2007 06:48 AM
Toby Riley
American Home Mortgage - Ann Arbor, MI

Lisa,

I agree with you that dishonesty has been an enormous problem in our industry.  Hopefully the tide is turning.

May 02, 2007 06:49 AM
John Caylor
Infinity Financial Group - Post Falls, ID
Post Falls, ID Mortgages

Toby,

I do have to agree with what you've written. As we both know there are a lot of un-ethical loan officers out there that all they cared about was the 2 1/2 on the back. But also, let's look at the positive. Here is your chance to separate yourself and really stand out. Get a list of people that entered into these risky mortgages and contact them. Ask if their confident that their loan was explained properly. I read where about 65% of the people that entered into an Option ARM don't completely understand it.

Its an opportunity to most likely pick up a few refinances, provide value, separate yourself and look like the hero in their eyes. Not to mention you probably have a client for life.

Just an idea!!

May 02, 2007 06:59 AM
Jeff R. Geoghan
Coldwell Banker Realty - Lancaster, PA
REALTOR, Marketing Manager
In a past life I was a loan originator - it was all about the rate!  The customer really needs educating on the full service spectrum, which you sound like you are passionate about - bravo!
May 02, 2007 07:06 AM
Christopher Sevick
Sevick Law PLLC - Ann Arbor, MI
Real Estate Attorney

Toby,

As you know from our discussions I too believe that ethics are a concen in the industry.  This is brought on by the media desire to find just one bad apple and run with the story since so many homeowners feel they can relate.  In our depressed Michigan economy we are frequently hearing from professionals making $100,000 plus that can not afford their mortgage due to choices on "easy" finance they made just a few years ago.  

For some it is truly time to pay for the vacation or car they purchased with the equity in their home and realize that a home isn't an ATM.  For others it is just a sad fact that home prices are down and they may not be able to sell for what they did the refinace for just a few years ago.   

May 03, 2007 12:43 AM
Shelly Capps
Fairway Independent Mortgage Corp - Hernando, MS
Jonathan- great response, I couldn't agree more.  The ethical, professional loan officers in this world just have to keep fighting the battle. The tides will turn and those other knuckleheads who are just in it for the money will disappear.  It won't be overnight, but it will happen! :)
May 06, 2007 01:30 AM
David Yeoman
Mortgage Intelligence Inc. (David Yeoman) - Barrie, ON

Although we do have ARM's in Canada the very large percentage of Purchasers and those Refinancing select a 5 year fixed mortgage based on a 25 year amortization.

I think one interesting aspect of the ARM or Variable Rate in Canada is that the clients MUST qualify at the current 3 year mortgage rate regardless, which avoids a lot of what is going on in the U.S. right now with any number of their mortgages being fixed at considerably higher rates then they originally obtained.  In other words take the VRM to take advantage of lower rates while they are here but at the same time still be able to afford those payments when the rates go up.

As Mother always said: "if it sounds to good to be true, then it probably is"  What were these people thinking when they agreed to those loans in the first place (to good to be true) and now to not accept responsibility for what they signed is just a cop out. 

In short.  It's your home.  It's your mortgage.  It's your responsibility.  Pay up!

 

Jun 26, 2007 02:11 AM