Oh, No, Subprime Mortgage Brokers are Coming Back

 

 

 

 

 

 

 

 

New Orleans   Please, just move the soapbox over here a little closer, because I’m going to jump and shout yet again, and sadly, not for the last time about the little named co-conspirator and enabler of the Great Recession real estate meltdown: mortgage brokers. They are under regulated, lightly trained, totally unsupervised, largely sales people too often paid little more than commissions on mortgage closings achieved often by hook or crook. They beat the bushes to create the paper stream of deals that are then packaged and picked up by banks and, increasingly, nonbanks, who have even more of the mortgage action than they did a decade ago.

A thinly disguised job announcement in the “B” section of The Wall Street Journal headlined “Subprime Brokers Back in Demand” is a warning to the rest of us that big trouble is on the way, especially in lower income communities. The reporter wrote that Southern California was once again on the “cusp of efforts to bring back an army of salespeople who once powered the mortgage industry and, some say, contributed to the housing crisis.” Call me, “some,” because that’s exactly what I’m saying. Further she notes, that “some brokers faked loan applications and steered people into debt they couldn’t afford.” Oh, yes, many, many of them did, and subprime companies ate these loans like candy.

Here’s what’s really scary. The demand for brokers is coming largely from nonbank lenders and smaller lenders, both of which are lightly or hardly regulated, by states not the feds, and in the case of nonbank lenders, they are not even required to follow the Community Reinvestment Act or provide their data through the Home Mortgage Disclosure Act. The market includes families with lower credit scores, and, god knows, there is a huge market, especially now in the wake of the recession, and these families want and need loans, and many of them deserve mortgages, especially as the Home Savers Campaign has found, since too many are finding no alternative outside of land installment contracts and various rent-to-own schemes. Additionally, workers and families with difficult to verify income sources from cash payments in the gig economy or tipped employment, need so-called stated income loans, where their money is verified without company provided W-2s. We absolutely believe there needs to be a set of subprime products and stated income loans. Where we separate is over the issue of who and what is going to protect families from abuse. One of the reforms of the last decade has been an increasing reliance on affordability, meaning a family’s ability to pay the loan. Who and what is going to assure that that benchmark remains prominent?

Brokers are just in sales-and-promotion. They push the responsibility to financial institutions, and since they are the middle-men, they can venue shop until they find some place willing to take paper and issue the loan. They then get paid. Period. The consequences downstream mean nothing to them.

Meanwhile nonbank lenders have almost half of the total mortgage market now. In the increased scrutiny since the recession, only $6 billion nonprime loans have been issued in the first quarter of this year and only $22 billion in all of 2016, compared to $1 trillion in such loans in 2005 according to Inside Mortgage Finance, cited by the Journal.

If regulators don’t make the effort to separate the baby from the bathwater this time around, millions of families and thousands of neighborhoods will drown in it again.

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Sessions and Republicans’ ACORN Obsession Blocks DOJ Settlement Funds to Nonprofits

New Orleans   The clock may be ticking on Jeff Sessions, the former Alabama Senator, as Attorney General. Reportedly he offered his resignation to the President in recent days as Trump tweeted his displeasure at the Justice Department’s modifications of his travel ban. Nonetheless, an order from his office seemed to come out of nowhere last week barring nonprofits and third-party groups from participating in any implementation and remediation ordered as part of financial and other settlements approved by lawyers with the Justice Department. Who saw this coming?

Well, anyone who has followed the obsessions that Sessions and his old Republican colleagues continue to have with all things ACORN and nonprofits as a whole, that’s who.

What is Sessions talking about? Frequently settlements with big companies include provisions for remediation that can only be appropriately implemented by nonprofits. The Volkswagen emissions cheating scandal included a requirement that the company invest $2 billion to fund zero-emission technology and the related support to achieve zero-emission cars in the future. Settlements from the banking catastrophes that triggered the Great Recession also routinely included remediation by nonprofits involved in financial education or housing counseling involving groups as disparate as the American Bankruptcy Institute, La Raza, NeighborWorks, and the Urban League, all of whom have long standing programs in these areas. Republicans see this as unrelated and a siphoning off of money to create slush funds to support the nonprofits.

And, here’s where the ACORN obsession comes in. The Nonprofit Quarterly quoted one of its late columnists, saying….

Subcommittee chairman Tom Marino (R-PA) grilled a Justice Department witness over whether anyone from the White House or some unknown outside group had guided Justice and the banks on the selection of the third-party implementers—again, the specter of the hand of ACORN all but flowing from Marino’s lips. Rep. David Trott (R-MI) concluded that the settlement agreement process “looks and smells a little bit like a slush fund” and raised suspicions about how the banks got access to the list of HUD-approved nonprofit counseling agencies (apparently unaware that they are on the HUD website). Marino then observed that the Justice Department’s prosecution of the banks on mortgage lending issues amounted to “using extortion to make banks appropriate funds to left-leaning organizations.”

Or as reported by the Huffington Post…

.as part of Bank of America’s $16.65 billion settlement with the Department of Justice in 2014 (a former subsidiary of the company, Countrywide Financial, was one of the most toxic subprime mortgage lenders), the bank could donate $100 million to community and legal groups. Such donations to approved groups would then count toward the settlement’s total value. Conservative groups portrayed the Obama administration as a shadowy slush fund for leftist organizations, hyping connections of the groups that received funding to ACORN, the Republican boogieman that was defunded after false accusations of wrongdoing.

You get it now?

No matter the fact that ACORN and other groups working in lower income communities saw their neighborhoods, families, and work thwarted by these nefarious corporate practices, the key issue for the Republicans is making sure that these communities remain impoverished and continue to be feeding grounds for corporate vultures.

Thank Jeff Sessions for keeping hate and harm alive and well.

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