Mortgage and Real Estate News

The Federal Reserve Board on Monday approved a final rule for home mortgage loans to better protect consumers and facilitate responsible lending. The rule prohibits unfair, abusive or deceptive home mortgage lending practices and restricts certain other mortgage practices. The final rule also establishes advertising standards and requires certain mortgage disclosures to be given to consumers earlier in the transaction.

The final rule, which amends Regulation Z (Truth in Lending) and was adopted under the Home Ownership and Equity Protection Act (HOEPA) , largely follows a proposal released by the Board in December 2007, with enhancements that address ensuing public comments, consumer testing, and further analysis.

"The proposed final rules are intended to protect consumers from unfair or deceptive acts and practices in mortgage lending, while keeping credit available to qualified borrowers and supporting sustainable homeownership," said Federal Reserve Chairman Ben Bernanke . "Importantly, the new rules will apply to all mortgage lenders, not just those supervised and examined by the Federal Reserve. Besides offering broader protection for consumers, a uniform set of rules will level the playing field for lenders and increase competition in the mortgage market, to the ultimate benefit of borrowers," the Chairman said.

The final rule adds four key protections for a newly defined category of "higher-priced mortgage loans" secured by a consumer’s principal dwelling. For loans in this category, these protections will:

* Prohibit a lender from making a loan without regard to borrowers’ ability to repay the loan from income and assets other than the home’s value. A lender complies, in part, by assessing repayment ability based on the highest scheduled payment in the first seven years of the loan. To show that a lender violated this prohibition, a borrower does not need to demonstrate that it is part of a "pattern or practice."
* Require creditors to verify the income and assets they rely upon to determine repayment ability.
* Ban any prepayment penalty if the payment can change in the initial four years. For other higher-priced loans, a prepayment penalty period cannot last for more than two years. This rule is substantially more restrictive than originally proposed.
* Require creditors to establish escrow accounts for property taxes and homeowner’s insurance for all first-lien mortgage loans.

"These changes have made for better rules that will go far in protecting consumers from unfair practices and restoring confidence in our mortgage system," said Governor Randall S. Kroszner.

In addition to the rules governing higher-priced loans, the rules adopt the following protections for loans secured by a consumer’s principal dwelling, regardless of whether the loan is higher-priced:

* Creditors and mortgage brokers are prohibited from coercing a real estate appraiser to misstate a home’s value.
* Companies that service mortgage loans are prohibited from engaging in certain practices, such as pyramiding late fees. In addition, servicers are required to credit consumers’ loan payments as of the date of receipt and provide a payoff statement within a reasonable time of request.
* Creditors must provide a good faith estimate of the loan costs, including a schedule of payments, within three days after a consumer applies for any mortgage loan secured by a consumer’s principal dwelling, such as a home improvement loan or a loan to refinance an existing loan. Currently, early cost estimates are only required for home-purchase loans. Consumers cannot be charged any fee until after they receive the early disclosures, except a reasonable fee for obtaining the consumer’s credit history.

For all mortgages, the rule also sets additional advertising standards. Advertising rules now require additional information about rates, monthly payments, and other loan features. The final rule bans seven deceptive or misleading advertising practices, including representing that a rate or payment is "fixed" when it can change.

The rule’s definition of "higher-priced mortgage loans" will capture virtually all loans in the subprime market, but generally exclude loans in the prime market. To provide an index, the Federal Reserve Board will publish the "average prime offer rate," based on a survey currently published by Freddie Mac . A loan is higher-priced if it is a first-lien mortgage and has an annual percentage rate that is 1.5 percentage points or more above this index, or 3.5 percentage points if it is a subordinate-lien mortgage. This definition overcomes certain technical problems with the original proposal, but the expected market coverage is similar.

One element of the original proposal has been withdrawn. The Federal Reserve Board had proposed for public comment certain requirements pertaining to so-called "yield-spread premiums." During the intervening period, the Board engaged in consumer testing that cast significant doubt on the effectiveness of the proposed rule. As part of its ongoing review of closed-end loan rules under Regulation Z, however, the Board will consider alternative approaches.

In finalizing the rule, the Board carefully considered information obtained from testimony, public hearings, consumer testing, and over 4,500 comment letters submitted during the comment period. "Listening carefully to the commenters, collecting and analyzing data, and undertaking consumer testing, has led to more effective and improved final rules," Governor Kroszner said.

The new rules take effect on October 1, 2009. The single exception is the escrow requirement, which will be phased in during 2010 to allow lenders to establish new systems as needed.

In a related move, the Board is publishing for public comment a proposal to revise the definition of "higher-priced mortgage loan" under Regulation C (Home Mortgage Disclosure), which requires lenders to report price information for such loans, to conform to the definition the Board is adopting under Regulation Z.

The Federal Register notices are attached.

Statement of Chairman Ben S. Bernanke

Statement of Governor Randall S. Kroszner

Highlights of Final Rule Amending Home Mortgage Provisions of Regulation Z (Truth in Lending)

Draft Federal Register Notice (1.2 MB PDF)

Open Board Meeting Materials

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Belgian Brewer InBev Buying Anheuser-Busch

By admin | July 14, 2008

Belgian brewer InBev announces that a deal to purchase American rival Anheuser-Busch is complete.

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IndyMac Federal Bank Receives Government Support

By admin | July 14, 2008

IndyMac will cover 50% of uninsured deposits as IndyMac Federal Bank.

The government is stepping in to support IndyMac. Having just changed its name from IndyMac Bancorp after it was seized Friday. The FDIC has assumed control saying it will cover 50% of uninsured deposits and fully insure all up to $100,000, which is normal.

John Bovenzi, the FDIC COO says there’s probably no bank in the country that has access to greater capital and liquidity than Indymac Federal Bank. He also states the FDIC expects to sell it in the next 90 days.

Because Charles Schumer has loose lips, IndyMac Bancorp became the second biggest federally insured financial company to be taken over by regulators.

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FDIC Says Deposits in Failed IndyMac Bancorp Are ‘Safe’

By admin | July 14, 2008

Two days after the Federal Deposit Insurance Company took over California based IndyMac Bancorp Inc, officials say the bank will reopen Monday morning (Today) for business as usual.

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Charles Schumer Is Politically Irresponsible

By admin | July 14, 2008

Build it and they will come….Mr. “Senate Banking Committee”

We have all heard this and very similar statements. Lets take a look at the strategies Charles Schumer is utilizing to help our economy.

Our credit markets are in turmoil, it is harder to get a mortgage, it is more difficult to get credit cards, homes are depreciating in value, jobs are being out sourced to other countries, in fact, even the banks are having a hard time believing in each other. This is probably even the correct psychology seeing how the capitalistic markets trusted each other too much in years past.

So now that we cannot access money no matter what direction we turn.

But wait, look up in the sky, it a bird…no, is it a plane…NO, it is a big mouth named Charles Schumer. A man with “credibility”? A responsible man”? I think not. Or would you think it was a good economic move for our country “In the following 11 business days (since Schumers irresponsible remarks), depositors withdrew more than $1.3 billion from their accounts,” the OTS said in a statement announcing the California-based lender’s takeover on Friday.

How can a man that carries the clout of, Senate Banking Committee, chairman of Congress’ Joint Economic Committee and the third-ranking Democrat in the Senate say such horrendous things? What did he think would happen when he stated, now remember he is an authority and on the Senate Banking Committee, “IndyMac was one of the most poorly run and reckless of all the banks,” he said. “It was a spinoff from the old Countrywide, and like Countrywide, it did all kinds of profligate activities that it never should have. Both IndyMac and Countrywide helped cause the housing crisis we’re now in”. See this article too. CNN

Despite the fact that most of the staff at Consumer Mortgage Reports may agree with his statement, as irresponsible as they were, this was completely uncalled for and the impact of his statement has set the financial recovery back 6 months or more. His statements have lead to the loss of 7,200 jobs, his remarks have put a major damper on the stocks of IndyMac and everyone who had owned them!

Schumer, this is your idea of leadership? Take down the boat to teach them a lesson? Did you pick up your philosophies from Adolph Hitler.

If you did your research, IndyMac and all the other lenders have tightened up their guidelines and they could have recovered without these costs put on the American public. It has been said that you would like everyone making $10.00/hour. Well now lets get rid any good paying jobs that are left in America by flapping your mouth like it is Hurricane Katrina.

A little FYI for those who oppose. Indymac and Countrywide were not the only problems. As much as we all love making money, the REAL problem was the excessive greed from Wall Street. If Wall street did not buy all those risky loans NO BANK could sell them!

Oh buy the way Mr Senate Banking Committee, chairman of Congress’ Joint Economic Committee and the third-ranking Democrat in the Senate, where you are the Senate Banking Committee when all this Wall Street crap was going on a few years ago? How many of these banking institutions that are now slamming, how much have they given you for your political campaigns? How many banking lobbyists are in your back pocket?

No wonder more and more people are coming out and speaking against your continual irresponsibility. Once again, where was your influence the last few years Mr Senate Banking Committee?

Wise up!

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