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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I’m Not Complaining, but What a Week

New Orleans  Returning exhausted from stops in Shreveport, Louisiana, Little Rock, Arkansas, and Greenville, Mississippi, somehow I can’t get these weird signposts of the times and odd ends out of my mind. Normally, I would let them go, but somehow this Chief Organizer Report is going to be a report on the chief organizer, so bear with me.

Bargaining four nursing home contracts in Shreveport, the company already wants to include language making the Affordable Care obligations moot, even while the whole operation continues forward in the stalemate of Congress and presidential politics.

A studio chair and some folding chairs for WAMF, the new low power FM radio station that we just got on the air in New Orleans, was donated to us in Bossier City across the river (thanks Butlers and Clarks!). In a pleasant middle income suburb between a mall and an expressway, I parked my big truck, doors wide open in the driveway of the unoccupied house waiting for Local 100 organizer, Toney Orr from Arkansas, to help me load it all in. Neighbors drove by and up and down the driveway next door. No questions asked, even as we hauled the furniture out. Is that weird?

In Little Rock, despite six months of work on the Home Savers Campaign and running PSAs on KABF referring calls to Arkansas Community Organizations, the former Arkansas ACORN, that yielded little, we finally broke through and within 48 hours found a trove of both Vision Property Management and Harbour Portfolio rent-to-own and contract to purchase houses throughout central Arkansas. We had boomed out to visit victims in Ohio, Michigan, and Pennsylvania and here they were right under our noses! The lesson, even when the spirit is willing, we have to shore up the capacity to account for how often the flesh of our operations need more underwire. Capacity matters, even a little can make a huge difference, and that’s worth remembering. Oh, and, a Home Savers organizer, Dine’ Butler, was the big finish of the well-regarded Reveal podcast, home visiting a victim in Detroit.

Capacity, capacity, capacity, it comes up again and again, and amazingly we stumble around trying to find it even when it is kicking us in the knees and pushing us to the ground. One kingdom after another lost for lack of a horse. Our biggest underwriting partner at KABF was being stymied on promoting its great work, because we had never pressed hard enough for the spots for them to realize if they gave us copy we could produce them quickly or allow hosts to do “reads.” Ouch!

Visiting radio station WDSV in Greenville for the 7th month, it was the same story with a different verse. Frustrated and stalled in achieving their mission after 5 years on-the-air as the voice of the people in the Delta, they were being held hostage by technology too large and complicated for them to easily access to master the ladder to the heaven they sought. The magic and miracle is not that we can fix that, but that it takes so long for us to marry problems to solutions, so that we can move forward in our work.

Sometimes I’m racing so fast that I miss how easily it is to stumble on the simplest steps. I wish it were just me!

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Government at all Levels Needs to Act on Contract Purchase Predators – Now!

New Orleans   Advocates and lawyers are firing more and more bullets at contract purchase predators and the Home Savers Campaign has raised the ante on its demands to Fannie Mae (FNMA) in yet more signs that the offensive against these real estate robber barons is gaining increased traction.

Another front has opened with the filing of a lawsuit by Fair Housing Center of Central Indiana at the end of May. They went after local operator Empire Holding Company and its subsidiary Rainbow Realty, that has acquired over 1000 dilapidated houses in the Indianapolis area and is marketing them as contract purchase rent-to-own properties. The owner admits that virtually all of them are uninhabitable. The Fair Housing Center argues that they are breaking a pile of laws, but also makes the claim that a huge percentage of these houses are in African-American areas and that the contract sales push is directed at these same populations in a discriminatory manner.

Sarah Mancini and Margot Saunders, both of the National Consumer Law Center, and experts in this area, make a similar case in looking at the metro Atlanta area in an article pointedly entitled, “Land Installment Contracts: The Newest Wave of Predatory Home Lending Threatening Communities of Color,” in a recent issue of Communities & Banking. They call attention to the work of the Atlanta Legal Aid, saying,

Atlanta Legal Aid attorneys conducted a search of property tax records in six metro Atlanta counties and found 94 properties currently held by Harbour Portfolio in the Atlanta area; most of these homes were likely being sold through land installment contracts as that is Harbour’s business model.9 Nearly all those properties (approximately 93 percent) were located in census blocks that are at least 60 percent nonwhite, and a significant majority were in census blocks that are at least 90 percent nonwhite.

It’s hard to avoid underlining the obvious. First, the scale of this activity is huge, when you are talking about a local company in Indianapolis alone handling more than 1000 such houses. In an evil local market, they dominate any other national players. Secondly, these are not equal opportunity predators, but are de facto discriminators.

For these reasons and others, the Home Savers Campaign is also increasing the pressure by sending a letter to the head of Fannie Mae today, asking that the agency investigate and bar not only Vision Property Management, as they did recently, but also Harbour Portfolio. In addition the campaign named a number of companies using the same practices in the Detroit market and demanded that they also be barred, indicating as well they they wanted a meeting with FNMA in order to push for clearer standards to block access to government auctions in the future to any company that plans to sell them “as is” through land installment contracts. Home Savers Campaign also indicated that it intends to make similar demands city to city in other markets for FNMA bans, as they understand the FNMA criteria better.

It’s bad, and it’s on!

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Building a Fighting Force to Stop Evictions and Win Affordable Rents

ACORN Bristol

New Orleans    Tenancy is rising, and it’s expensive. People are being pressed up against the walls. The old rule of thumb that rent and housing costs should not be more than 30% of income, similar to the old Brooke Amendment named after the legendary African-American Senator from Connecticut, has long been in ruins.

This is a global issue.

ACORN affiliates in Scotland amassed to fight evictions in both Glasgow and Edinburgh in recent weeks. ACORN in Bristol is currently involved in a rent strike and has beaten back numerous evictions.

When we were recently in Detroit, we met with a very active and effective organization there called the Detroit Eviction Defense. The group meets weekly and was diversely populated with younger activists, retired union professionals, lawyers, former journalists, professors, and of course tenants. The actions and victories on their website is impressive.

Evictions are a growing issue.

Researchers, Joshua Akers and Eric Seymour in Detroit shared with us soon to be published data on evictions which were eyeopening to us. In a data set they had accumulated over the decade between 2005 and 2015, these University of Michigan whizzes had separated the nearly 7500 contract “purchases” from the total of 80,000 total acquisitions involving tax delinquency or foreclosure auctions. Although we had thought a primary part of the business model for contract pushers was evictions and indeed they generate more, but it was a matter of degree at 1 out 3 compared to 1 out of 4, between the two, with both at outrageous levels.

A paper by the researchers connected to the Federal Reserve Bank in Atlanta, led by Flora Raymond (and shared with us by our wolverine comrades) notes that Atlanta is out of the box compared with other cities and no small part of this issue is driven by the increased corporate ownership of rental units and businesses that make evictions and the collection of late fees a fundamental part of their business model, similar to the recent news reports of the Kushner operation’s methods in the Baltimore area. The paper notes that,

In Fulton County, an average of 107 eviction notices are filed each day, for a yearly total equal to 22 percent of all rental households. In Milwaukee … 16 percent of all rental families are evicted. A similar rate occurs in Fulton County, where 15 percent of all rental households are evicted. Eviction rates are highest among multifamily rentals, but they are also prevalent in single-family rentals. We find that large corporate owners in the single-family rental business are more likely than small landlords to evict tenants, even after controlling for parcel level and neighborhood-level factors.

Our Home Savers Campaign is finding that our members are frequently entering the predatory land installment contracts not because they are wide-eyed about becoming home owners, but even more frequently because they are desperate for affordable housing regardless of condition, if they think they can manage the lower monthly payments, regardless of the predatory scam.   Something is happening here, Mr. Jones!

It’s been widely reported and at the grassroots level, painfully realized, but Raymond and her co-authors state it plainly,

The number of renters with high housing cost burdens has reached record levels in the United States. Over 21 million households spend more than 30 percent of their income on rent; 11 million of those spend more than 50 percent, which is considered severely cost burdened. Much of the increase in households reporting housing insecurity can be attributed to soaring rents as demand for rental housing climbs (Joint Center for Housing Studies of Harvard University, 2016).

Add it up and the numbers are staggering. About 27,000 evictions in Atlanta’s Fulton County every year, and eviction rates in Milwaukee at 16%, Chicago 7%, Cleveland 11%, and the beat goes on and the family and community tragedy it represents increases. Take 21 million paying more than 30% of income on rent and another 6 million contract buyers, and millions of renters facing the street over and under these figures who are facing eviction, multiply them by all members of their households, and we have a huge constituency that would seem to be ripe for both organization and action.

Like the old buffalo hunters, I’ve got my ear to the ground to see if I can hear a movement coming.

Please enjoy Blackleg Miner by Offa Rex (The Decemberists & Olivia Chaney).

Thanks to KABF.

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FNMA Opens a Crack in the Predatory Land Contracts Wall

New Orleans   Fresh off our meeting and work in Detroit, the Home Savers Campaign got a break. In response to Baltimore Congressman Elijah Cummings complaints about Vision Property Management, the national rent-to-own operation’s lack of cooperation with him and his committee, symbolized by the lead poisoning of children living in one of their contracted properties, FNMA banned VPM from participating in further purchases of foreclosed properties in REO auctions. Vision of course cried foul, but there was finally a crack in the wall that Vision and hundreds of other companies have built through impunity and predatory practices.

What was less clear about FNMA’s response was whether they were just trying to get the Congressman off of their backs or whether this is a real change of heart. Although in their announcement they indicated to the New York Times that they had investigated the various claims, the nature of their investigations and the standards they used to bar VPM were not disclosed. It was also unclear that they were looking past VPM to the other companies that are bleeding lower income and working families in the same way. Furthermore, while Fannie Mae has stepped up, Freddie Mac is still cowering in silence even though they were also asked by the Congressman to ban Vision.

The Home Savers Campaign is drafting a letter to demand that FNMA bar any company from their auctions that relies on “as is” contracts for contract land sales or rent-to-own agreements. In Pittsburgh, Akron, Youngstown, Detroit, Memphis, Philadelphia, and other cities, we have found that this “as is” language is a license by not only Vision, but all of the companies in this sector to push properties into the hands of families desperate for affordable housing on any terms. Many times the companies are relying on the gray area of whether they are contracting with families who can claim to be tenants and access some rights available to them as tenants, depending on the city or state, or whether the families are now putative “owners-to-be” and allowing them to escape the strictures of local and state regulations.

The Toledo, Ohio ordinance makes it clear that such families in any manner of contract land purchases have to have a warrant of habitability before any contract can be validly signed and the family allowed to move in. The devil is in the details though when it comes to enforcement. Lawyers and tenant advocates told the campaign in Detroit that there is also a similar warrant of habitability required in that city, but there is no enforcement so it’s a dead letter.

The Home Savers Campaign intends to demand that any company operating with “as is” language in their agreements should be barred from accessing any property through auctions or sales foreclosed or delinquent homes in order to dam the flow of properties upstream to these predators. Enforcement or no, that will ensure in the future that companies have to ensure at least that minimum standards have been met in these homes, before desperate families are allowed to live in them. Additionally, any work done by the families before they receive the deeds should be reimbursed for out-of-pocket expenses directly or be discounted in the sales price.

Families desperate for housing cannot be the ATM for predatory housing schemes and the companies, big or small, that are running these scams.

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Vision Rent-to-Own “Buyers” Meet and Find Out Every Deal is Different

San Francisco  The first organizing meeting in Detroit of the Home Savers Campaign had spirited discussion when families discovered that they only had one thing in common in the contracts they had signed with Vision Property Management or its subsidiaries: the contract itself. When it came to the terms, to everyone’s shock and anger, everyone had a different deal!

The differences were not simply where we might expect to find them in the price of the houses they were hoping to buy or the number of years to term. In fact the prices were all very close to each other. As the campaign has come to expect from visiting so many families in Pittsburgh, Philadelphia, Akron, Youngstown, and now Detroit, some families attending the meeting were still shocked to find out that in seven years they would not own the home as they expected, but simply face wrenching choices between balloon payments, long term agreements, or walking away from extensive investments in money and labor in repairs.

The differences in the contracts were huge. Excitedly talking about their contracts, they found for example that in some contracts as little as $14 of their monthly payment was going to principle on the purchase while in others as much as $150 was being applied. That was often the case when the payments were virtually identical. In several cases, they discovered they had not been clearly told how much of their payment was going to principle at all. Even when the purchase price of the houses were roughly equivalent, families were finding that the amount of their monthly payment being applied for insurance was often different.

Looking at the question of tax payment which is especially freighted with concern, since nonpayment of taxes to the county could lead to loss of the property on tax delinquency sales. Only one family could determine from their payment the amount that was supposedly being paid to taxes, while the other families at this first organizing meeting became worried that since there was no indication, Vision might not be paying their taxes at all. Even in the one case where the tax level was stated at $150 per month or $1800 per year, there was skepticism that the house valued so modestly really was sustaining such a relatively high cost compared to true value.

Many of the people at the meeting were also on their second contract with Vision. The first had given them up to 45 days to make good on their payments, while the more recent gave Vision the right to void their option to purchase if they were late on the payments at all, making the contracts essentially no more than rental agreements, despite the fact that this was a triple-net lease with the “buyer” paying everything including thousands and thousands in repairs. One family was livid having invested over $50,000 in repairs, yet still debating whether or not they should walk away. Everyone at the meeting shared stories of about the “fishing” Vision’s representatives did with them over the phone to try and suss out the amount families had invested themselves in repairs, presumably for the company to guess whether the property might have been fixed off enough for them to seize the first opportunity to evict and flip.

People were happy to meet, but that was the only happiness in the room once the members and organizers cleared the fog away that hung over the legalese of the agreements. There was anger and plans for quick action. On the question of fight or flight, people were ready to fight. Powered by people, the campaign now begins in earnest.

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