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12:02 p.m. • 2-11-12

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Moore: Business Principles Should Prevent Mortgage Crisis


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Foreclosure
Foreclosure

Blaming questionable business practices for a record number of foreclosures in recent weeks, especially on sub-prime loans, State Treasurer Richard Moore on Tuesday unveiled a list of principles he said would protect buyers from purchasing homes they can't afford.

North Carolina had 3,380 foreclosures in September, more than double the 1,600 reported during the same month a year ago.

"Too many Americans have been lured to mortgages they could not afford," Moore said, adding that sub-prime lenders focused too much on short-term financial gains rather than the long-term health of the industry.

Sub-prime lenders focus on customers with poor credit histories, and many of the mortgages contained low initial interest rates that eventually adjusted to rates that buyers couldn't afford, forcing them to default on the loans.

Moore's "Mortgage Protection Principles" include the following provisions:

  • Match borrowers with the most appropriate, fair and affordable loans for which they qualify.
  • Verify and documenting the borrower’s ability to repay the loan for all sub-prime loans.
  • Ensure sub-prime loans with an adjustable rate feature are affordable, rather than basing a borrower’s loan qualification on a teaser rate.
  • Don't charge prepayment fees or penalties on any sub-prime loans.
  • Don't offer employees or brokers incentives to place borrowers into higher-cost loans than those for which they qualify.
  • Clearly disclose all expected broker compensation, from lenders or elsewhere, for any loan options presented to the borrower.
  • Provide borrowers with a fixed-rate option whenever presenting adjustable-rate products.
  • Make the same services available to all similarly situated borrowers and ensure that there is no discrimination on any prohibited basis.
  • Conduct criminal background checks to ensure that mortgage brokers are of high moral character.

"We're going to send (lenders and brokers) this list of principles and ask them to voluntarily adopt them," Moore said.

As state treasurer, Moore is responsible for the state's $75 billion pension fund, which holds stocks in some of the nation's largest mortgage lenders.

Darlette McCormick, a Realtor with Coldwell Banker, said she plans to educate her clients about how to avoid foreclosure. She said she has seen too many families lose their dream homes in recent months.

"A lot of homeowners don't know what to do at that point, so they just kind of ignore the problem," McCormick said.

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18 Comments


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Dee-dee dee

Shine,

No need to apologize. I guess as someone who has worked in the industry, I look at it differently.

Put it into perspective. People with poor credit buy cars everyday. They pay a higher rate on that too. One only needs to look in the paper to see this advertised by every dealer. Are they discriminating? Don't higher rates cause people to fall behind on their car payments? Yet, I don't see Mr. Moore chasing down auto dealerships and banks on that. Only on houses.

The alternative to sub-prime lending is to not offer financing to people with poor credit. In the 1980's when that happened, lenders were being sued for discriminatory practices. It's a double edge sword.

Why an ARM? Because it is cheaper to offer someone a loan that everyone is in agreement should be paid off in 24-36 months. The rate would be higher if the investor thought they were carrying the loan for longer.

Nancy,

"Why do we have to have laws to protect people from being stupid?"

Because very few of us are nearly as smart as we think we are. You've never been misled by aggressive/misleading advertising? I have, and I've had >10 years of college education.

The fact is, "personal responsibility" has little to do with the current situation. This was essentially a pyramid scheme - the bottom feeders were making a killing with sub-prime lending, so all the big boys rushed in to play, pushing money into more and more dubious loans.

You can preach personal responsibility all you like, but the borrowers are paying their price (foreclosure, etc.). The lenders, however, want the government, e.g. the Federal Reserve, to protect them from the consequences of policies they should have known (and probably did know) would eventually lead to disaster.

"That said, I'm always amazed and amused by the "personal responsibility!" mantra coming out from the right-wingers on this one. Personal responsibility or not, it was obvious that the rise in interest-only and exploding ARMs would, at some point, create a financial crisis."

Let's get real basic here. Anyone old enough to buy a home shouldn't make decisions they don't understand.

Why do we have to have laws to protect people from being stupid?

What's wrong with an 8-9% for the 1st 3 years??? I'll tell you what is wrong with it. The 11-12% that follows and the 1.5% adjustments every 6 months there after. If they could not qualify for 6% how are they going to make the payments at 11%. I would say a buyer should fix the credit, debt ratio, etc. before buying. Never accept a higher rate on a house, it will bite you in the long run.... I had some issues to deal with before buying my house. We bought 6.5 years ago, but waited until we could qualify for a 6.75 fixed, refinaced 4.5 years ago at 5.25% fixed. Waiting to qualify for the best rate at the time was the right plan for us, and I will bet dollars to donuts it is good advise for anyone. We don't have money issues because our rate is so low. Today, we have $60,000 in equity in our house, and absolutely no plans to tap the equity. Please, when someone in the business gives good advise, take it and listen.

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