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A Predatory Lending Bill that is SLATED for 2007 & what does this mean........

By
Mortgage and Lending with Social Media - Infinity Home Mortgage Company, Inc

elections/predatory lending

 It starts with the Republican and Democratic leaders on the House Financial Services Committee. They are planning to make predatory lending legislation a major priority next year, regardless of the outcome of the November elections.

Now, with this in mind, whose better interest do they truly have in mind; the borrower or the lenders out there. I know there have been several blogs and comments made on behalf of this topic. The most recent of which was from Roberta Murphy, Predatory Lending and Decadent Spending , which gives us a great example of what can take place after the fact.

Predatory loans are concentrated in the subprime market.  Subprime loans are supposed to cost a little more to compensate for borrowers' poor credit.  However, in a recent study according to Freddie Mac and Fannie Mae, 35 to 50 percent of subprime loans are made to borrowers who could have qualified for prime loans.  And many subprime loans of which aren't just reasonably more expensive; they’re outrageously predatory. And this is my arguement to other lenders that I compete against. I tell them that if they don't have FHA, that they have to resort to the subprime world. Several have offered that they can do these loans conventionally. Yes and no. It's called a convetional loan, but the client ends up getting a loan program that results in a certain Level, may it be a level 1 , 2, or 3. Hey, great, but the rate is still higher and the mortgage insurance is higher. Get to know your programs and what can be the best for your client.

This goes hand in hand with the cartoon. Basically predatory lending is an upside-down world of lenders who fight for the creation of laws that would require them to take into consideration the borrowers ability to repay a loan. But this is up to our government and we the people are part of that government. We blame it on the politicians, but it comes down to us, standing up for the rights of the general public. That means voting and paying attention to the ballets and what is listed on them.

And remember that this isn't just in the mortgage and banking industry. This is wide spread which covers other businesses such as rent to own centers and check cashing stores. This is to name a few of what is out there. 

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Copyright © 2011 by Jeff Belonger of Infinity Home Mortgage Company, Inc

Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Prop. Mgr, Wenatchee, WA

Hi Jeff,

Thanks for the post on my blog and thanks for this post on your blog.  Predatory lending is a problem for sure.  As you know, many people don't know how their credit score affects their ability to get a loan.  They think they have bad credit so can't get a loan...and in come the sharks.   One of my specialties is rent-to-own homes and sometimes people qualify for a conventional loan when they thought they wouldn't.  They just don't know. 

And, speaking of the check cashing stores, I heard they have a clause in their lease agreements that if their business is outlawed that they can get out of their  lease.  Do you know if this is true? 

Oct 14, 2006 05:13 PM
Jeff Belonger
Assured Lending Corporation - Philadelphia, PA

Carol.... yes it is....  and in my opinion, even when they try and step in to set new laws and such....it will still be abused. Example...  they took away the prepayment penalty in New Jersey about 4 years ago and also added a formula called NTB. (Net Tangible Benefit)  This is a fromula that lets the underwriter know if the refinance should still be done. If the costs out way the total savings in for the first 4 to 5 years, then there is no benefit. And this is also done is many other states from national companies. But since this has been out for 4 years, it's been over-looked. They did hold true to it for the first 2 years. Basically because nobody wanted to be the first held in a major lawsuit.

So even if they do clamp done and change things, in my opinion, people will not only keep doing it, but get away with it. So where does it stop?

Like I said in my blog in regards to subprime loans. This is where clients get taken advantaged the most.

About the check cashing stores, I don't know anything else about them except for their high fees.

Oct 15, 2006 01:55 AM
Brian Brady
Matthews Capital Markets - Tampa, FL
858-699-4590

This is an interesting bill in front of Congress.  

Do you know what happens when the gov't limits loans?  Loans don't get made.  New Jersey is a great example with it's "no prepayment penalty" ; it heavily favors federal banks who are exempt from local legislation.  Example:  Jeff brokers a loan to WMC for a subprime deal.  he gets the client a 2/28 mortgage at 7.5% wiith two points (fair deal).  the Wells Fargo LO gets the client 7.5% with no points because he can put a 2 year pre-pay on it.  Clients let Jeff do the work and run to the bank with Jeff's "approval"

This bill has teeth inasmuch as it includes federal banks in the scope of regulation. 

Oct 15, 2006 09:03 AM
Anonymous
Anonymous
You use some great cartoons as illustrations on your blog. Do you have the cartoonists permission to use them? I see the c. mark in many.  Realty Times article yesterday probably made me notice this.
Nov 22, 2006 06:35 AM
#4
Mary McKnight
Sacrilicious Marketing - Orlando, FL
The blogosphere isn't so tight with the copyright stuff.  It's just an unmonetized blog Now, if you want to use that cartoon in your advertising- you will run into trouble.  For all of you that wondr what is and isn't acceptable Internet use of copyrighted material- read the Nolo book on it! 
Nov 22, 2006 07:35 AM
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans
Mary.... thanks for stopping by here and mentioning this. Not sure who this person was or what they were trying to stir up. Thanks again...
Nov 23, 2006 12:09 AM