Check this out!

[Bob]

Regulation of mortgage brokers is now starting to take shape:

"Help against predatory mortgage brokers could be just around the corner, according to Sen. Charles Schumer, (D-N.Y.), who says such aid would not only benefit the borrower but also those who own homes near foreclosed houses.

Schumer, who heads the Senate banking subcommittee on housing, told an audience in Massapequa yesterday that he and others in Washington are working on legislation to regulate mortgage brokers for the first time and to end loans offer based on false promises.

"It's despicable what some of these brokers will do," Schumer said after recounting a story of an ailing Queens man who refinanced his home on a broker's promise of a $1,400-a-month payment that changed to $4,000 a month after less than a year.

While the banking industry and its mortgages are regulated by the federal government, mortgage brokers go virtually unregulated, Schumer said, adding that it's such brokers who sell risky "subprime" mortgages to people with poor credit."

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I can see it now, another 1-4 pages of new federally mandated disclosure telling you to actually read your existing disclosure. That should really slow down the fraud!

 

[Mango]

Regulation of mortgage brokers is now starting to take shape:

"Help against predatory mortgage brokers could be just around the corner, according to Sen. Charles Schumer, (D-N.Y.), who says such aid would not only benefit the borrower but also those who own homes near foreclosed houses.

Schumer, who heads the Senate banking subcommittee on housing, told an audience in Massapequa yesterday that he and others in Washington are working on legislation to regulate mortgage brokers for the first time and to end loans offer based on false promises.

"It's despicable what some of these brokers will do," Schumer said after recounting a story of an ailing Queens man who refinanced his home on a broker's promise of a $1,400-a-month payment that changed to $4,000 a month after less than a year.

While the banking industry and its mortgages are regulated by the federal government, mortgage brokers go virtually unregulated, Schumer said, adding that it's such brokers who sell risky "subprime" mortgages to people with poor credit.".

I don't think it's too much to ask anyone, especially someone who is on the Banking committee to gain total understanding of all the regulations currently in place, like HOEPA , (predatory Lending Guidelines), HUD's Federal Guidelines, and in particular, the State in which you are a Senator in. Mortgage Brokers are monitored and regulated by the Banking Dept. in the State they are licensed, but they also follow to a large degree follow the Federal protections incorporated as well based on what the State Banking Dept. has incorporated.
Further, the Banks, whether monitored by the FTC or if they are a thrift, another agency, have to monitor the loans and actions of mortgage Brokers they approve to do business with based on their Regulations (which are pretty much similar across the Board)

You probably do not even know that the NYS Banking Dept. has been "Partners" with mortgage brokers and are even getting more greedy. Mortgage Brokers in NY pay a premium based on loan volume to the Banking Dept in addition to monitoring and audit fees (even if they do not get to audit you that year)
and now are asking for interest on application fees and any money held in your business account.
Brokers are also required to produce Volume of Operations reports that break down loan type, fees earned, what Banks they sold the loan to, what relationships you have with any vendors, the list goes on.

I encourage you Shelly to learn more about the current Federal regulations, Federal Disclosures signed at closing as well so before you spew out these posts.

if you did, you would see the regs/Disclosures are very comprehensive, not perfect like anything else, and there is always some room for improvement just like everything else.

1) Increase the High Cost test for loans less than 50K. (the formula is hard to understand, but it equates to about 6-7 points)
2) Require education standards and continuing ed nationwide (some States do already have LO reqirements)
3) Require each State to have level auditing standards (some are more lax than others)

This is just my short list and I do have other ideas.

But the statements about false promises being made is getting tiring, when there are disclosures and all these regulations in place to currently protect the consumer.

This is all I am going to say on this subject, unless someone has a specific question or wishes to have an intelligent debate regarding Disclosure and federal Regulations regarding mortgage Banking.

 

[rapunzel]

This is all I am going to say on this subject, unless someone has a specific question or wishes to have an intelligent debate regarding Disclosure and federal Regulations regarding mortgage Banking.

I have a specific question. Reading your posts about mortgages always reminds me of how I feel when people talk about HMOs...that it's easy to villify them, but few people understand how they should work. HMO's used to work and work well if people read their handbooks and followed the rules. There were a lot of regulations in place to protect patients, and those regulations generally worked. Over the course of the last 5 years or so, those laws have not been repealed but have for some reason ceased to work to protect the consumer. Internally, the attitude went from extreme mindfulness of regulations to blantant disregard.

So, my question is whether you've noticed a change in attitude and ethics within the industry in the last few years?

 

[Mango]

I have a specific question. Reading your posts about mortgages always reminds me of how I feel when people talk about HMOs...that it's easy to villify them, but few people understand how they should work. HMO's used to work and work well if people read their handbooks and followed the rules. There were a lot of regulations in place to protect patients, and those regulations generally worked. Over the course of the last 5 years or so, those laws have not been repealed but have for some reason ceased to work to protect the consumer. Internally, the attitude went from extreme mindfulness of regulations to blantant disregard.

So, my question is whether you've noticed a change in attitude and ethics within the industry in the last few years?

As far as continuing legislation to protect consumers interests there has not been any changes in attitude per se, as a matter of fact, there have been many legislators/ senators/ consumer advocacy groups lobbying Washington for things like 1) a Good faith Estimate that did not change at all after issuance, (which was rather ridiculous because there are certain thrid party fees which are beyond our control, changes in loan product/amt which could impact fees etc.)

HOEPA (see above) was instituted in 2002 and is extremely regulated. If a mortgage is considered high cost and passes the test, the worksheet must be in the file for auditing, additional disclosures at/and prior to closing, and if not, resulted in huge fines and penalties.
There were other laws and protections being sought, and enacted, but the list is extensive, I just offered some examples.

Qualifying adjustable rate mortgages at the initial start rate was the culprit for quite a bit of the existing problems. (something I could never get used to and didn't since this wasn't the case 20 yrs ago when I got in the biz))
Not to mention that in any industry with rates getting as low as they did post 9/11, you are stampeded by consumers in droves, mistakes did get made, and it also spread the cracks wide open for unscruplous types like in any industry.There just wasn't enough employees in all sectors of the industry to keep up. Mortgage depts. literally had contracted employees working on bankers boxes.

But the bottom line is when people went to closing, regardless of the loan type, prime or subprime you signed, signed and signed again disclosures until your hand cramps up. The documents were printed by the closing agents (in my State attorneys only) and explained at closing. Further quite a few people attended refinance closings without the benefit of counsel, however they still had a 3 day legal recission period to back out without incurring any costs whatsoever.

There wasn't any blatant disregard for regulations I found, especially when you are audited and regulated so throughly, but yes, mistakes were made, and do get made when you are bulldozed for an extended period.

I am wondering why in your industry the past 5 years the laws ceased to woek for the consumer?

 

[spinDrAtl]

This Schumer guy sounds like a politician to me. :shock:

The fact is, we get calls all the time from people in adjustable rate mortgages who say 'the lender didn't tell them' they were in an adjustable mortgage when in fact the disclosures were there, it was plainly spelled out on the closing papers, etc. etc. Now everyone knows there are a lot of papers to sign, blah blah blah but the fact is that the TIL, the note and several other places PROMINENTLY show the rate and terms of the loan.

God forbid someone would read a document before signing it and take a little personal responsibility. If the broker or lender switched on you, don't sign. On refinances, you also have 3 days to change your mind. Get someone else to read it. If you are unsure of what you are signing or not confident in your intelligence, should you really be signing documents obligating you to hundreds of thousands of dollars?

Yes, their are unscrupulous people out there who take advantage of the elderly or ill but the majority of customers in these loans are not in that boat, in my experience.

End of rant.

 

[kathydwells]

The article is about a mortgage type in England.
I have attended closings there and in Holland, and your interest rate is based on age, weight, health, and color of your tinkles.

But yes, here in the USA you can not discrimate against age when decisioning a mortgage loan.

What is a tinkle?

 

[Mango]

This Schumer guy sounds like a politician to me. :shock:

The fact is, we get calls all the time from people in adjustable rate mortgages who say 'the lender didn't tell them' they were in an adjustable mortgage when in fact the disclosures were there, it was plainly spelled out on the closing papers, etc. etc. Now everyone knows there are a lot of papers to sign, blah blah blah but the fact is that the TIL, the note and several other places PROMINENTLY show the rate and terms of the loan.

End of rant.

and Charles Schumer and cronies like Bloomberg put this out for immediate release stating that our financial markets are in serious risk because they are stifled by too stringent regulations. and oh, this is the best......
they want to create an international financial zone in the Apple after they loosen up these stringent regs. I suppose those who took their Wall Street offices to CT and NJ post 9/11 did so because of those strict regs. :roll:

and Spindr, I think the best call I ever had was a man who shopped his mortgage to death, then called me asking for the 30 yr. fixed with a 3 yr. pre-payment penalty which was only .125% lower on the rate. I suggested he didn't take the pre-pay to no avail.
Six months later (rates dropped) I get a call from Indy Mac Bank that he hired a lawyer, and stated he signed without knowing he had a pre-pay penalty. Indy couldn't locate the signed docs they claim, and asked me if I had him sign anything. (which I did not have to do legally as a Broker) But I did have him sign a disclosure, that we made up in my office, clearly stating he was requesting a pre-pay loan, lucky for them.
So that case got thrown right out the window.

What is a tinkle?

Something I need to do right now.

 

[drsvelte]

This Schumer guy sounds like a politician to me.

You are much too gracious.

 

[SHELLY]

SUBPRIME MORTGAGE BAILOUT


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[Bob]

The CNBC video intimates anyone who qualified for a subprime loan could grab an FHA loan, but were led astray by unscrupulous brokers and lenders. More disinformation!