Say Hello to the Next Potential Mortgage Disaster

By
Real Estate Attorney with federalfinanciallawgroup.com

Say hello to the next mortgage related financial crisis - if this new bill passses and is signed into law. This is brought to you courtesy of a new bill proposed this week: H.R. 5148:

 

Access to Affordable Mortgages Act.

 

Ordinarily whenever an individual wants to borrow money for a mortgage, the bank conducts due diligence… both on the borrower as well as the property.

 

It’s in the banks’ interest (as well as the banks’ depositors or shareholders) to ensure that the property is at least worth as much as the amount being borrowed. This is not rocket science. I know because I am a rocket scientist!!! LOL.

 

Some members of Congress don’t agree. Apparently, it is suggested that when banks conduct property appraisals that seems to unfairly discriminate against some segment of the population trying to buy lesser properties, the government must step in.

 

So with HR 5148, Congress aims to exempt certain ‘higher-risk mortgages’ from property appraisal requirements!!! Special!!

 

Curiously, this legislation reverses several provisions in the 1968 ‘Truth in Lending Act’.

It’s as if Congress is now anti- Truth in Lending and pro- whatever the hell gets the money on the street. And of course, all of this comes at a time when mortgage rates are still near their all-time lows.

 

You can borrow money to buy a home today at just 4%. That’s less than half the long-term average of 8.5%, and a fraction of the 16%+ people were stuck paying 30 years ago. Isn’t paying 4% affordable enough? Nope. Not according to Congress.

 

So now they’re trying to engineer yet another financial crisis by encouraging banks and other lenders to exercise minimal due diligence on their mortgage portfolio. This comes at a pivotal time. US banks are only now just barely starting to recapitalize after the early days of the financial crisis.

 

They’ve unloaded their toxic assets to the US government and Federal Reserve. They’ve borrowed money at essentially 0% from the Fed and loaned it to the Treasury Department at interest (the mother of all scams).

 

 

After six years of these freebies and taxpayer-funded bailouts, bank balance sheets are only now starting to clear up.

 

So what does Congress do? They propose a new law that may wreak havoc on bank balance sheets all over again.

It’s lunacy on an epic scale…

 

 

 

Paddy Deighan J.D. Ph.D

http://www.medicalandpsaconsulting.com

Comments (52)

Sybil Campbell
Fernandina Beach, FL
Referral Agent Amelia Island Florida

Paddy, I agree with many of the comments on here, it really makes no sense.

Sep 07, 2014 04:44 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

I've read the proposed bill and WTF is their determination of "low" property value?  Is that the listing price?  Seems like this is red-lining entire swatches of areas, which I thought was unethical.  What is their definition of "lower cost dwelling?"  So, let me get this straight . . . a high-risk mortgage loan which is involved in a federally funded program won't be subject to a property appraisal?  HA HA HA  Say HELLO to pieces of shit housing going for whatever greedy, money grubbing scam loan sharks will come up with.   If they REALLY wanted to help some areas that are plagued with "lower cost dwellings" -- which would normally be CASH ONLY terms -- and now put them into the investment loan portfolios, why isn't anyone consulting with a real estate agent on HOW TO accomplish that?  Maybe the Sen. sponsoring this bill is getting his comps from Zillow?

Sep 07, 2014 05:08 AM
Claude Labbe
Real Living | At Home - Washington, DC
Realty for Your Busy Life

Alright, so we're going to go on another of those little rides, right?

And just whom, ultimately, is going to fund this?  Will this be more foreign/Chinese money coming in?

Insanity, supreme.  We should be tightening, not loosening.

Sep 07, 2014 01:54 PM
Jason Potrzeba
Webster Bank - Providence, RI
Mortgage Banking Officer

The Wild West of Lending is about to return...this is a proposal that unfortunately screams abuse me!

Sep 07, 2014 06:27 PM
Gary L. Waters Broker Associate, Bucci Realty
Bucci Realty, Inc. - Melbourne, FL
Fifteen Years Experience in Brevard County

Anytime an outside force interferes with the free market the "free" is removed and rarely will something good happen.

Sep 07, 2014 10:08 PM
Eileen Burns
Trans State Commercial RE Ft. Lauderdale/Miami/Palm Beach - Fort Lauderdale, FL
FL Probate Agent, Hotel & Land Specialist

"They’ve unloaded their toxic assets to the US government and Federal Reserve. They’ve borrowed money at essentially 0% from the Fed and loaned it to the Treasury Department at interest (the mother of all scams)."

You are a rocket Scientist Paddy and can see the light at the end of this tunnel.  Those in Congress drafting this proposal are yet again mucking up our country. The entitled folks just dont get enough to the dteriment of the tax payers.

If Jane and John Q Public did half of the manuvers these folks in power have done, we would go straight to jail without passing go.

Redlining is against the law and now the proposal is to overturn discrimination? 

Sep 07, 2014 10:18 PM
David M. Dwares
Title Professionals Corp. - Fort Lauderdale, FL
Title guy with a broker license

I respectfully ask that everyone calm down. Many, in fact most Bills that are proposed have no chance of becomming law. One representative submitted this bill and it has no co-sponsors. I do not believe this will ever pass, much less get out of comittee.

It makes for great anti-government rabble rousing, but really, we could use a lot less finger pointing and blaming. I'm sure the author of the Bill has a good reason for propsing it.  Do any of you really think that he sat down and said, "I am going to write a new law that will create a new housing bubble and destroy the economy." 

It is probably a bad idea and it is fine to comment against it, but it shouldn't lead to bashing government.

Sep 07, 2014 10:55 PM
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Bring back no doc stated income loans now!

Sep 08, 2014 12:13 AM
Jackie Connelly-Fornuff
Douglas Elliman Real Estate in Babylon NY - Babylon, NY
"Moving at The Speed of YOU!"

I, for one, do not see it as government bashing. If this does pass, it will be a potential problem plain and simple.

Sep 08, 2014 05:53 AM
Jim Joeriman
Coldwell Banker Riviera Realty, Inc - Lacey Township, NJ
Helping Agents Reach New Heights

I would not worry about this.  These days nothing gets by the Senate.

Sep 08, 2014 06:24 AM
Than Maynard
Coldwell Banker Heart of Oklahoma - Purcell, OK
Broker - Licensed to List & Sell - 405-990-8862

Idiots in charge, voting on or proposing things they have no experience with (ie the Real World).

David Dwares I doubt he 'set down and looked at anything' other than numbers pushed by a donor or political activist. He then asked his polling specialist "How will this look to my core?" Polling specialist said "Do it!" so he did.

The likelihood Mr. Politician has any understanding of what he proposed is nil in my book.

Sep 08, 2014 06:49 AM
David M. Dwares
Title Professionals Corp. - Fort Lauderdale, FL
Title guy with a broker license

So I looked into the author of the bill.  Blaine Luetkemeyer is a conservative Republican from Missouri.  Apparently he proposed this legislation to assist small community banks so they can lend in their community if they are going to hold the loans for at least 3 years without worrying if an appraisal came in a little low.

It doesn't look like there were polling specialists involved. I do not know if there were any community bank owners (donors?) involved.

I thank Paddy for writing this blog post and drawing our attention to this issue and I feel a responsibility to know the facts before I make a comment.

Unless, of course, I can think of something snarky and witty to say, which in this instance I did not.

Sep 08, 2014 07:27 AM
Andi Grant
310-508-4354 | FirstTimeHomeBuyerRealEstate.com - Los Angeles, CA
Helping 1st time buyers and home sellers in LA!

Sounds similar to a Fannie Mae Home Path program. No appraisals and lipstick on pig properties bought by unsuspecting lower income buyers. Grrrr

Sep 08, 2014 08:22 AM
Paddy Deighan MBA JD PhD
federalfinanciallawgroup.com - Vail, CO
Paddy Deighan J.D. Ph.D

there have ben a lot of great comments...to me, the operative thing is that this is yet another governmental solutuon to a perceived problem and a solution which in itself would cause a lot of headaches. I contacted the bill sponsor's office ...more in a blog post 

Sep 08, 2014 11:21 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Follow the money.

Sep 08, 2014 09:00 PM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

I can't get up in arms about this.  I think it has little chance of passing and if we got upset over every "proposed" stupid bill in congress we'd have little time to live our lives.  

Of course we've all witnessed congress being stupid before I suppose.  What we should be worried about is the sponsor of the bill and the WHY it was proposed in the first place.  I'm off to dig a little deeper.

Sep 08, 2014 10:32 PM
Geoff ONeill
John L. Scott Medford - Medford, OR

We need a long breather without changes to the lending landcape so we can all deal with the latest changes.

Sep 09, 2014 09:25 AM
Jim Crawford
Maximum One Executive REALTORS® - Atlanta, GA
Jim Crawford Atlanta Best Listing Agents & REALTOR

Thank you for sharing this information.  It is most informative.

Buyers, sellers and real estate professionals could really benefit from it!

Have a productive week! 

 

Sep 16, 2014 02:16 AM
Jeff Jensen
The Federal Savings Bank/Lending in 50 states - Greenwich, CT

Congress has pretty much ruined this business which its level of absurd regulation.

Sep 16, 2014 07:50 AM
John Mosier
Realty ONE Group Mountain Desert - Prescott, AZ
Prescott's Patriot Agent 928 533-8142

You said it well, Jeff. Congress no longer serves the people. People who would like to fix it do not want to be part of Congress.

Sep 20, 2014 06:50 AM

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