The Shape Of Things To Come?

As the ripples continue to extend from the "mortgage
meltdown", lenders, investors, rating agencies and
legislators are all trying to come up with solutions
so that this does not happen again.

The lenders, investors and rating agencies have all
become more conservative as a response to the bad
policies and judgments that had crept into their
systems.

These market forces are part of the ebb and flow of
business markets. When companies suffer losses, they
make changes to get healthy again and improve on their
products for the future.

As their balance sheets improve in the future, we can
fully expect them to become less conservative, but I
think that they have learned their lessons about letting
the pendulum swing too far toward the excesses that
they allowed in the past.

The legislature, however, will put new laws and new
restrictions in place that will not be as elastic. Once
these laws are established, it seems like they will never
be removed, only new layers will be added.

This will make the process more cumbersome, it will
institutionalize oversight that will add new
administrative costs to the process.

I am a firm believer that the bad characters need to
be removed from the system. There were many
mortgage lenders that abused their clients, took
advantage of the clients' lack of knowledge to unjustly
enrich themselves, and cared more about their welfare
that caring about matching suitable products to the
clients' needs.

The best way to get those unscrupulous mortgage
originators out of the business is to avoid them if
possible by doing your homework up front.

If you are in the middle of a transaction, give yourself
an exit strategy if you get bad feelings about how things
are going by having a backup lender in place.

And if you are forced to close your transaction because
of timing circumstances and you were taken advantage
of at the last minute, complain loudly and aggressively
until you get some satisfaction.

With that being said, let's take a look at what the
lawmakers have in mind for the future of the mortgage
business.

Senate Bill 2452, The Homeownership Preservation
and Protection Act, is designed to curb the predatory
lending that occurred with borrowers being placed in
less-favorable or most costly loans than the borrowers
were qualified for, and for fraud-related activity.

A couple of items in this bill may reach much farther
than the original intention.

The bill proposes to eliminate yield-spread premium
on the pricing of loans. You may recall from a few
newsletters ago, that yield spread premium is money
that a lender makes available in exchange for receiving
a higher-than-normal interest rate on a loan.

It is a tool that lenders and mortgage originators use
to offer no-point and no-closing-cost transactions for
borrowers. The borrower makes a choice to accept
slightly higher mortgage payments in exchange for
saving thousands of dollars in costs.

The reason this is proposed in the bill is because
the unscrupulous mortgage originators would charge
loan fees to the borrower, place the borrower in a
higher interest rate loan, and then accept the payment
from the lender for the yield spread premium. The
mortgage originator would make excessive income for
placing the borrower in a less favorable loan.

If the borrower is properly informed and they feel that
the value of the originator's expertise warranted the
income they earned, then that is a market force at
work, and no one is being treated unfairly.

However, if the borrower is in the dark about
competitive interest rates and fees, and they are taken
advantage of, that is a different story.

But, the problem is that the borrower has not done
their homework, researched loan options, and expanded
their search wide enough to know the range of options
that they should expect to hear. If they work with
one person, and don't have their paperwork reviewed by
a trusted advisor before they close, they are opening
up the possibility of being victimized.

The problem is not that yield spread premium could be
used in a loan transaction. And it seems that the
proposed legislation will be more restrictive without
really getting to the root of the problem.

Another provision of this bill are some proposed new
requirements for appraisers.

Part of this "mortgage meltdown" is that there was
conscious, systematic fraud exercised by some very
devious teams of real estate agents, title companies,
lenders, appraisers, notary persons, settlement
agents, buyers and sellers.

Appraisals were inflated to induce lenders to create
loans that were higher than the true value of the
property in some cases. Money was then distributed
to all the team members, and the lenders were stuck
with a property to foreclose upon that wasn't worth
what was owed against it.

The remedy should be to identify those appraisers,
prosecute them when possible, and get them out of
the business by rescinding their licenses otherwise.
There are plenty of laws on the books dealing with
real estate fraud.

The bill wants appraisers provide a bond for a
specified percentage of the appraised value of the
home. If there is an incident where the borrower
suffers a loss due to an inflated appraisal, and
in turn receives a financial settlement from the
lender, the lender can then use the bond that was
provided to offset some of that settlement cost.

What this means is that the appraisers will now have
a new cost of doing business to factor into their
fee structure.

I have been told by one appraiser that this would
double the cost of a residential appraisal, from
approximately $400 to $800 to be able to pay for
this new bond requirement.

So, in order to help protect borrowers from the bad
guys, new legislation will now throw a net over the
entire industry.

It will eliminate useful tools to provide choices to
the borrower, it will create new layers of oversight
and protections, and the costs will pass through to
the consumers.

It will make getting home loans a more ponderous
process (is that possible?) and more expensive.

Despite the best intentions of our lawmakers, we need
the emphasis to be on enforcement of existing statutes
and less on new legislation that throws the baby out
with the bathwater.

Your best protection, as always, is work with reputable
originators. Hold them accountable, make sure you
understand the paperwork, programs and fees, and you
will have as good an experience as possible going through
the mortgage process.