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Why I Can't Vote for Democrats

By
Mortgage and Lending with Perl Mortgage
 I have never aligned myself with Democrats or Republicans.  In fact, I am a proud independent and have always given my votes to the candidates that I feel best represent my personal interests politically regardless of their party affiliation.  I voted for Clinton.   I voted for Bush.  There are many issues that I lean towards the right on and others that make me go left.

While I always vote, the mortgage crisis has definitely taught me a lesson in politics.  More importantly, it has taught me that our votes really matter.   Due to impending anti-predatory lending legislation both at the state level as well as federal, there is a very real possibility my ability to run a succesful mortgage practice will be threatened.  In short, now it is personal.  

Unfortunately, while Republicans have remained largley silent and appear to be taking a "let the market work itself out approach", Democratic politicians have not wasted anytime pointing fingers at mortgage brokers and trying to find yet another big government solution.  In fact, when it comes to my industry, Democractic policiticians have shown great skill at ignoring facts and vote pandering in the worst kind of way. 

At the State Level: 

Locally, Illinois legislators recently passed SB1167 which is probably the harshest anti-predatory lending law in country.   The law essentially forces mandatory credit counsleing on homeowners and buyers and outlaws stated income loans.  While I am sure the legislators hearts are in the right place, the law is so void of common sense and practicality that it really makes me wonder about the legislators qualifications in other areas.  I will discuss the serious flaws in this law in more detail at a later date but you can read all about it in the Wall Street Journal. 

At the Federal Level: 

Nationally, issues in the mortgage market have not gone unnoticed by Senators, Congressman, and Presidential candidates.  In fact, it seems like every Democratic politician is vying for air time to provide their uninformed opinion.  They just want to make everyone think they are going after the evil predatory lenders.   While I won't go over each politicians' proposals (Obama, Hillary, Dodd, Schumer, Frank, et al), there are several key themes in all of their proposals that I am going to address over the next week or so.  But to give you some flavor as to what may be coming down the pipe from our representatives:

  • Elimination of yield spread premiums
  • Increased disclosure of yield spread premiums
  • Making stated income loans illegal
  • Requiring mortgage brokers to be fiduciaries
  • National licensing of mortgage brokers
  • Elimination of prepayment penalties
  • Mandatory tax and insurance escrows

To the uninformed, a lot of these proposals sound good on paper.  Just like ejector seats on helicopters or screen doors on submarines.  However, when you really look at what is being proposed, it does not look good and most of these proposals violate 10th grade economics.  Nevertheless, I would advise my industry cohorts to think long and hard about who you are voting for and why.  Your future is at stake.  Remember, it is your pocket book they are coming after.

have never aligned myself with Democrats or Republicans.  In fact, I am a proud independent and have always given my votes to the candidates that I feel best represent my personal interests politically regardless of their party affiliation.  I voted for Clinton.   I voted for Bush.  There are many issues that I lean towards the right on and others that make me go left.

While I always vote, the mortgage crisis has definitely taught me a lesson in politics.  More importantly, it has taught me that our votes really matter.   Due to impending anti-predatory lending legislation both at the state level as well as federal, there is a very real possibility my ability to run a succesful mortgage practice will be threatened.  In short, now it is personal.  

Unfortunately, while Republicans have remained largley silent and appear to be taking a "let the market work itself out approach", Democratic politicians have not wasted anytime pointing fingers at mortgage brokers and trying to find yet another big government solution.  In fact, when it comes to my industry, Democractic policiticians have shown great skill at ignoring facts and vote pandering in the worst kind of way. 

At the State Level: 

Locally, Illinois legislators recently passed SB1167 which is probably the harshest anti-predatory lending law in country.   The law essentially forces mandatory credit counsleing on homeowners and buyers and outlaws stated income loans.  While I am sure the legislators hearts are in the right place, the law is so void of common sense and practicality that it really makes me wonder about the legislators qualifications in other areas.  I will discuss the serious flaws in this law in more detail at a later date but you can read all about it in the Wall Street Journal. 

At the Federal Level: 

Nationally, issues in the mortgage market have not gone unnoticed by Senators, Congressman, and Presidential candidates.  In fact, it seems like every Democratic politician is vying for air time to provide their uninformed opinion.  They just want to make everyone think they are going after the evil predatory lenders.   While I won't go over each politicians' proposals (Obama, Hillary, Dodd, Schumer, Frank, et al), there are several key themes in all of their proposals that I am going to address over the next week or so.  But to give you some flavor as to what may be coming down the pipe from our representatives:

  • Elimination of yield spread premiums
  • Increased disclosure of yield spread premiums
  • Making stated income loans illegal
  • Requiring mortgage brokers to be fiduciaries
  • National licensing of mortgage brokers
  • Elimination of prepayment penalties
  • Mandatory tax and insurance escrows

To the uninformed, a lot of these proposals sound good on paper.  Just like ejector seats on helicopters or screen doors on submarines.  However, when you really look at what is being proposed, it does not look good and most of these proposals violate 10th grade economics.  Nevertheless, I would advise my industry cohorts to think long and hard about who you are voting for and why.  Your future is at stake.  Remember, it is your pocket book they are coming after.

Comments(5)

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Fran Gaspari
Patriot Land Transfer, Inc. - Limerick, PA
"The Title Man" - Title Insurance - PA & NJ

Russ,

I have always held conservative free market values, but this legislation matter cuts across political lines. What you have written indicates to me at every level that knowledgable people in our profession do not have sufficient input in the formulation of new legislation. New legislation that negatively impacts our already volatile realty market. We should call for a moratorium on 'new' reactionary type legislation until the 'dust settles'. Thanks,   Fran

Sep 20, 2007 06:29 AM
Daniel Sundberg
Crystal Springs Real Estate - Kentwood, MI

Other than a bit of repetition in your post, you do have a good point.  The legislators are more reactive than proactive.  They are only reacting to what they see.  Honestly, I believe this market twist is merely a Free Market Economy going through a hiccup.  It happens.  While I do believe in Michigan at least, Loan Officers should be licensed, they should be no more regulated than Realtors.  I know off hand a few predatory lenders, all of which have prior felonies for fraud and larsony, among other things.  

As for Stated Income Loans, they have their place.  In those loans, Lenders reserve the right to view the borrower's 10-40's, and if they do not do so, it is a risk they are taking.  Those loans have a time and place and should not be outlawed.

Sep 20, 2007 06:37 AM
Laura Jecker
Prudential New Jersey Properties - Vernon, NJ

I try not to get into political discussions but I need to say..

I am for less government and I think we, The American People, should not be responsible to bail it the mortgage problems or any other company's problems. I pay my mortgage and would not expect anyone to pay it for me. This country has too many people believing that they are owed something. Companies go bankrupt all the time. If mortgages were not given to people that cannot afford them they would not have this propblem right now. People need to be educated and guided not given too much financial strain with an attractive starter rate to find out later on that they cannot afford their comittment.

I feel bad for these people but not enough to pay out the mortgage problems.

 

Sep 20, 2007 06:43 AM
Russ Msrtin
Perl Mortgage - Chicago, IL
Residential Mortgage Advisor

Fran:  I know the state and national broker associations have been frustrated that they have not adequate input into crafting new legislation.   Based on the types of new regulations that have been proposed, this lack of input is obvious.  Much of the rhetoric sounds good but lacks in practicality and the reality of the market.

Dan: I really don't have issues with licensing, but much of the problems have been inconsistent licensing.  All the states doing their own thing.  In addition, fed chartered banks get to ignore state licensing laws which gives them a competitive advantage over brokers.  I would support national licensing if it applied to all loan originators equally regardless of employer.

Laura: I usually avoid political discussions as well.  I DO NOT align myself with a particular political party.  However, after assessing what is going on in my state and keeping up with the national market, it will be very hard for me to support Democrats right now as they have demonized my profession and are going after how I make my living.  I tend to favor free markets and I do support some legislation, but I rather have well thought out laws that make sense not laws that are merely designed for press conferences and sound bites.

Sep 20, 2007 07:02 AM
Bill Nazur
First Lending Solutions - Riverside, CA

Russ

I've been fortunate enough to address some of these very 'political geniuses' that are proposing some of these crazy recommendations. Take a look at one of our other blogs at http://findingforeclosures.entrepreneur.com

I agree with you completely! They are completely off point.

Sep 26, 2007 07:36 PM