Richard's Real Estate Thoughts: Bad mortgages first cause or first sign? - Reserve Board's new home loan policy

Bad mortgages first cause or first sign? - Reserve Board's new home loan policy

image of financial chartMortgage defaults and rising foreclosures are among many troubling headlines in our economy, but can subprime lending problems really be the cause behind all these trends.

Amidst the clamor over mortgage and world financial markets, IndyMac failing, Fannie and Freddie woes, GMC layoffs, and the debate on the housing bill, the Federal Reserve Board approved the final rule for home mortgage regulations.

The final rule establishes a category of high priced loans and offers consumer protection for loans in that category.

•1.       Must base lending decision on borrower income and assets

•2.       Income and assets used to qualify must be documented

•3.       Prepayment penalty ban if rate can change within 4 years, maximum PPP term for all loans is 2 years

•4.       Require taxes and insurance escrow

Additional provisions target early disclosure of fees, coercion of appraisers, loan servicing issues, and misleading advertising practices.

High priced loan will be loans with an APR 1.5% for first mortgage loans, and 3.5% for second mortgage loans, above the Federal Reserve Board "average prime offer rate."

Yield spread premiums are left in place, as consumer testing of proposed disclosures proved confusing. Yield spread premiums remain a high profile target of consumer groups and regulatory agencies. Expect more efforts to be made to distinguish between "legitimate payments to brokers and fees intended to land a borrower in a higher-cost mortgage."

The Federal Reserve and HUD will continue to review premium payments, as well as state auditors in Tennessee.

These issues are receiving impetus because of the current mortgage market crisis. Subprime lending practices are receiving the brunt of the blame for the mortgage defaults, but is that proving to be an accurate assessment?

The market itself has already accomplished most of these reforms.

The larger issues in the economy surely could not have been caused by subprime mortgage foreclosures. FHA , Fannie Mae, and Freddie Mac are all suffering losses. Recent events with IndyMac have raised concerns there are more bank failures possible. Credit card and student loan defaults are on the rise. The list could go on. Bad subprime loans did not cause all this, I do not think.

The subprime mortgage problems may have been the first sign, and not the cause, of more fundamental economic problems. Recent prominent layoffs and increasing oil prices are not good news.  A headline today  mentions that TN state revenues are in decline. TN has no income tax and relies heavily on sales tax for revenue.

Everyone keeps talking about abusive practices and bad loans, but these do not explain defaults in FHA and conventional mortgages.


Richard Smith
Home financing in Tennessee, Georgia, and Alabama.
Experience matters when it is your home loan.

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Richard Smith
NMLS# 184479 TN# 40161 GA# 28928 

Conventional, FHA, FHA 203k, HUD $100 down purchases, VA, Jumbo VA, Rural Development, Jumbo, FannieMae Homepath, Home Equity Line of Credit (HELOC).
Lending in Chattanooga, Tennessee and Georgia for over 20 years.

Stearns Lending, Inc

Cell phone: 423-280-0345 Email: Richard@HomeLoansChattanooga.com

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This blog represents the opinions of Richard Smith. The posts and comments written on the blog do not represent the opinions or positions of Stearns Lending, Inc. 

Comments

It is a shame to see the number of foreclosures in todays market. With rising fuel cost, it is hard for some families to make ends meat.

Posted by Roland Woodworth,SFR - Clarksville Short Sale and Foreclosure Resource (Keller Williams Realty) over 3 years ago

LOANS GOING BAD ARE A SYMPTOM OF A LARGER PROBLEM- I THINK THER OTHER SHOW WILL FALL---SOON.

KEEP ON BLOGGING

BILL

Posted by Bill C. Merrell, Ph.D. (Merrell Institute ~ Appraisal Education Network) over 3 years ago

Roland,

Buyers that I see are expecting to purchase a foreclosure at a great price - and of course without impacting the overall market values. they are not buying anything at "market" but will wait to buy the right foreclosure.

I still do not understand the number of foreclosures. They are not all 2/28 loans with 5% prepayment penalties.

Richard

Posted by Richard Smith FHA VA Rural Development in TN GA over 3 years ago

Bill,

I hope that other shoe is not too big, but I think you are right.

Richard

Posted by Richard Smith FHA VA Rural Development in TN GA over 3 years ago

Hi Richard , my first comment just went away again and so here is a redo as best I can re-fabricate it.

I do believe we are in an unusual position and it would appear that this is being driven and as you say, the subprime crisis is just the beginning and the reactions of investors indicate that they have much bigger concerns. I think our veracity is definitely being challenged and I am not all that confident we will meet the challenge. Investors world wide, may be calling the note. DUE ON RECEIPT.

Posted by San Diego Real Estate Voice authored by William Johnson GRI CRS e-Pro CDPE (RE/MAX Associates) over 3 years ago

William,

I hate when something knocks out that perfect first draft. I have to re-learn every day to copy before posting, to write in word first.  Maybe someday it will be a set habit.

Please let me know what you think of the photoless background.

About the post, I have not heard anything about what kinds of conventional loans are in default. I hear bad loans were made, but then they speak of no income documentation, high adjustable rates, prepayment penalties. These are not conventional or FHA.

I hear about the GSE's needing reform, but not specifics on what needs to be changed.

What is causing the losses in conventional loans. Are the automated underwriting models wrong? If the economy is just bad, then what reform is needed? Were the basic guidelines too loose for DTI and credit? Are the losses limited to specific regions?

Subprime and Alt A are on one side of the issue. Understand, risky loans.

Conventional is on the other side. Should not have been risky.

What happened?

Richard

Posted by Richard Smith FHA VA Rural Development in TN GA over 3 years ago

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