The Push For Mortgage Reforms
The bill, titled 'The Mortgage reform and Anti-Predatory Lending Act of 2007,' was introduced Oct. 22 by House Financial Services Committee Chairman Barney Frank, D-Mass., and co-sponsored by Reps. Mel Watt, D-N.C., and Brad Miller, D-N.C. The House Financial Services Committee approved the bill by a 49-19 vote last week. H.R. 3915 goes before the House of Representatives today.
Some of the main provisions of the bill will:
• Require all mortgage loan officers to be licensed and registered
• Require loan officers to be certain that applicants have the financial ability to repay the amount they are borrowing.
• Eliminate penalty charges for borrowers who make their payments early.
• Penalize brokers who push consumers toward high-cost loans.
• Provide foreclosure protections for renters. In case of foreclosure, any successor who takes over the property will have to honor preexisting leases, and tenants without a lease will have at least 90 days before being required to vacate.
In recent reports, Rep. Frank, D-Mass., said the goal of the bill is to 'diminish predatory lending while continuing to support a rigorous mortgage market.' Frank and other supporters say the new legislation will curb the types of abuse in the mortgage industry that has helped fuel the increasing number of foreclosures in this country.
He Said. She Said
The financial industry is not taking warmly to the bill. In an interview with Dow Jones Newswires last week, Floyd Stoner, an executive director at the American Bankers Association, says his group had 'serious concerns' with certain parts of H.R. 3915.
'Some of our major concerns relate to increased regulatory burden for federally insured depository institutions, lack of a national standard and the impact on a bank's ability to provide products and services - all of which would increase costs and decrease choices for consumers,' Stoner said in his interview.
Forbes.com reports that the 'Mortgage Bankers Association (MBA) and the Financial Services Roundtable have sent letters to Frank opposing several major provisions of the bill.
Advocates of the bill, however, argue that the proposed legislation is not a cure-all, but it targets two highly troubling aspects of the current system. The bill will require lenders to verify borrowers' abilities to repay the loans or, in the case of refinancing, to verify that the new loans are a better deal than those the borrowers already have. And the legislation removes the warped incentives, prohibiting mortgage brokers' taking higher compensation for steering borrowers to more expensive loans.
In a statement released on their Website, officials from the National Community Reinvestment Coalition said they would've liked to have seen harsher penalties against predatory lenders in H.R. 3915, but see the bill as a step in the right direction in protecting consumers' rights.
What do you think? Will this anti-predatory lending act do enough to protect consumers, especially homebuyers with poor credit? Or is the bill placing too much restraint on mortgage brokers?
Comments
I sure do wish my tax money was going to something a bit more useful then a bill designed to protect uninformed consumers from themselves. Everyone is equally to blame here- Lenders and Consumers. Everybody's eyes were too big for their stomach and now their paying for it. Somewhere along the line, people have gotten the impression that its the governments job to play mommy and clean up after them.
What's needed is LESS regulation. As an investor, I desire CHOICE in the financing options I use to purchase a property. I do not need some one to tell me what is or is not good for me.
What is NEEDED is education for consumers who do not know an ARM from Adam.
