The Mortgage Mess

Author: Paula Bean
Date: November 3, 2007 12:59 PM
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There are 2 comments.
You can't fix greed and you can't fix 'stupid'

In a recent article in Inman News: Mortgage bankers oppose workouts for bankrupt homeowners, Matt Carter reports that legislation that would allow judges to modify the mortgage loans of troubled borrowers who file for Chapter 13 bankruptcy protection would increase the interest rate on loans with small down payments by up to 2 percent, according to testimony by the Mortgage Bankers Association at a hearing on HR 3609, the Emergency Home Ownership and Mortgage Equity Protection Act of 2007.

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Do you not think it strange that lenders - the very people who gave these bad loans to consumers - consumers who should never have been approved for them in the first place - are opposing this bill?

Is there a reason this happened? Yes - somebody wanted to make money, a lot of money. They were not concerned for the poor consumer, who didn't understand how mortgages worked, or that their loan would go up and UP. All that the mortgage people cared about was making money.

Having said that, there are good mortgage professionals out there, we just need more of them. For that matter, there are also bad REALTORS®, appraisers, underwriters, title companies and attorneys out there also.

It is time to put a stop to this nonsense. The average consumer is not in a position to know the best mortgage lender, agent, attorney, or title company/attorney.

But what is the answer? More governmental control? No.....I think not. Perhaps more on our part to do the right thing? ahhh, that would be too easy!

More education is one answer, but that doesn't resolve the issue of ethics. More money to stay in the industry would certainly work to weed out those who are not serious about real estate and doing this for a hobby.

I also think that there should be more stringent controls to get a real estate license, appraiser's license and a Mortgage Brokers license. Currently, it is just too easy, only taking a few hours and a few hundred bucks. Then these folks are turned loose on the public at large while we, the serious and experienced ones, have to take the fall for this? No.

I vote for an internship program. Get your license, then work for two or more years UNDER an experienced person before you can go out on your own and serve the public consumer who is entrusting thousands of dollars and their lives in your hands.

The next best thing would be to dramatically raise the price of being in the profession. THIS would resolve the problem of the non serious and hobby people! Once they are gone, the rest of us who do this for a living and consider it a serious profession would have no problem paying higher fees, because there would be less competition from the non-serious newbie hobbyists, so we'd make more money, and it would be worth it.

THAT would be a start in fixing the problems with the entire industry: real estate, mortgages and appraisals. Make it harder, make it more expensive, and you get rid of the chaff.

Works for me - but probably not for NAR - who wants all the money they can get from those who seek their real estate licenses. . . or the Board of REALTORS®, who seek dues from them for belonging, as well as the MLS fees. Nor would the Mortgage Brokers Association probably like it very much either, and the appraisal boards.......ah the list goes on! Politics, money. Who is watching out for the consumer?

Because of politics, and so much money at stake, where does that leave the consumer, or those of us who have been in the business for years and ARE ethical, honest and competent?

Politics - money - government control. There is a thought for those who are trying to figure out how to fix this whole mess. Those in power, who could make the change for the benefit of all, will never do so, because they will lose money. 

You can't fix greed and you can't fix 'stupid'.

Maybe the answer is to start up a new system? hmmm? For those who are 'not in the know' this is already in the works. A shift from a sales to a consulting model and a public MLS would fix this entire problem. I'm an Accredited Consultant in Real Estate™, so I do things a little differently. If more agents or mortgage brokers got paid for their time without the contingency of a closing - it would dramatically change our industry. Why is it that we give our work and expertise away for free? There are, of course, personal injury attorneys that work on a contingency basis - but they charge 33.3% of the winnings and they don't take cases they know they won't win. The commission system for agents, mortgage brokers and consumers is broken and it is time for a change.

No NAR dues, no local board dues, no MLS fee's, no politics, no problem. I can not wait for someone to get this working, but there we go again, we have those politics working against us, and they have very deeeep pockets. One day though - that well will dry up because everyone is getting tired of being thirsty, and consumers aren't stupid. They want value for their money and I don't blame them. The real estate industry is tired of it too, so where is that going to leave the politicians? Looking for a new job, and you know what? I hope they try to sell real estate or mortgages and see what mess they have created!

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2 Comments

On May 8, 2008 at 7:38 PM
Richard Burke Author Profile Page said:

Paula,
The focus of bailout money is partially misdirected. Some should go to guaranteeing the end investor who bought the Mortgage Backed Security. If the homeowner is the only entity that the Feds bailout, the investor base dries up and liquidity in capital markets evaporates even more. The consequences are that nobody gets a good fixed rate loan without rates going up dramatically to offset the risk for the investors. The mortgage market is based on supply and demand. There is a great demand, but the supply (controlled by the end investor) is not willing to take on the risk without higher rewards(if they don't get bailout $ too). FNMA creates liquidity by standing ready to buy loans that conform to their underwriting standards. Lifting their caps is going to be more beneficial to the entire market than any amount of money given in bailouts. If banks can make loans to buyers and refinance customers with the confidence of being able to sell the loan in the secondary market, activity soars and prices level off. Consumer confidence is restored and real estate is again in balance. Any effort will take awhile for the full consequence to materialize. Until then, consult with your clients to give them more options than selling their home. Help them find a real solution for their unique situation, if possible, through budgets and financial planning. If accomplished, ACRE Professionals will set new standards for many areas of the industry, which need to be re-educated, not dismissed as greedy and uncaring. Quality comes from training and attention to detail. Take a poll; How Many Professionals in Real Estate Can Accurately Complete a Good Faith Estimate or Net Sheet? Aside from calculating commissions, not many. Not all of these folks deserve to be eliminated from their business opportunities, but they do need to be seriously re-educated. Not by Wine County Tours and 5 course meals, but by the rest of us setting a standard that quality counts, not just commissions.

Paula,
You make valid points. The simplicity of fixing the problem is entirely complicated by greed. You wrote this in Nov 2007. It is now May , 2008. I have been working with Catherine Myers , also of Alain Pinel Realtors, assisting homeowners in distress via short sales when it is indicated. I have marveled at the idiots the lenders have processing the information and facts. I have marveled in how a lender will not accept short sale , put it in foreclosure and receive $150000 or more less than if they had ok'ed the short sale.
I also distinctly remember talking to a Countrywide Loan Officer several years ago when these sub prime loans started appearing and it was stated then they KNEW they would be getting these back......pretty much gloating about it...I have sat back and listened to NAR do a cover up before finally admitting there was a problem. I am not pleased that our local boards have pretty much given our MLS away and I am still expected to pay dues.
I realize that some of these people in distress knew what they were doing and knowingly overstated their income.
The lenders knew they were doing it also. Or should I say the loan officers. Heck, many of the loan officers were tweaking the income to get certain programs.
I distinctly remember on more than one occasion, a loan officer wanting me to assist in after closing fraud with under the table money.No, I never did much to their chagrin. When you hear the comment "everyone is doing it" what is the big deal? Look at what is happening today...
What really rips me is that a felon can get a real estate license in california. Hello!!!!!
Yes, an overhaul is needed, tighter restrictions, and please give me a break with the wine trains and getting credit for license renewals........
Now the fraud is centering and targeting the poor souls who are in the process of losing their homes...YES it is time for change, the SOONER the BETTER!

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This page contains a single entry by Paula Bean published on November 3, 2007 12:59 PM.

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