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Real Action We Can Take on California’s Subprime Mortgage Crisis

Ted Lieu.jpg By Ted Lieu
Chair
California State Assembly Banking and Finance Committee

Yesterday, online data clearinghouse DataQuick.com released new information on the foreclosure crisis gripping California. Allow me to summarize for you – there’s bad news, and then there’s worse news.

In the fourth quarter of 2007, California had a 421% increase in foreclosures compared to the same period in 2006. In addition, 81,550 California homeowners received default notices (the first step in foreclosure). That was a 12.4% increase from the previous quarter and a 114% increase from the fourth quarter of 2006.

We’re in a crisis. And it’s an expanding and exploding crisis.

To this point, there seems to be a standard Republican answer – downplay the severity of the crisis, bring in the lenders for a meeting, secure a bunch of entirely voluntary promises that reinforce what the lenders are allegedly already doing, and then hold a press conference to declare victory. Our Governor followed the script in November; President Bush followed in December.

Our Governor said he thought this crisis was merely a “bump in the road.”

Well, the numbers are in and the Republicans’ completely unrealistic approaches have hit the cold, hard facts of reality. Californians are still losing their homes in record numbers. The people of California deserve better.

That’s why I and my Democratic colleagues in the Assembly are taking real action. I recently introduced Assembly Bill 1830, the Subprime Lending Reform Act of 2008. I was proud to have 36 of my fellow Assembly Democrats join me as co-authors of this legislation, including Speaker Fabian Núñez as a Principal Co-Author.

If enacted, AB 1830 will be the most comprehensive reform of mortgage lending in our State’s history, and the most aggressive mortgage reform in the nation. It will:

• Ban kickbacks paid to mortgage brokers to steer customers into pricier loans than they qualify for (known as “yield spread premiums”).
• Require lenders to determine if the borrower has the ability to pay over the life of the loan, not just the initial “teaser” rate.
• Ban loans where the borrower pays less than the accrued interest, leading to an increase in the principle (“negative amoritization” or “neg-am” loans).
• Prohibit prepayment penalties, which have stopped many borrowers from refinancing risky loans.

• Require pre-loan financial literacy counseling for certain high-cost loans, and require disclosure that recommends counseling for subprime loans.

AB 1830 will be supported by a wide array of consumer groups, including the Greenlining Institute, the Center for Responsible Lending, and the California Reinvestment Coalition.

Do I think that this bill will be easy to pass? Certainly not. But we’re in a crisis. And a crisis demands responsible leaders to stand up and take action – not call feel-good press conferences. That’s what I and 36 of my colleagues did this when we put our names on our reform plan.

Now it’s time for the Last Action Hero to join us.

Ted Lieu is the Chair of the California Assembly Banking and Finance Committee, and represents the 53rd Assembly District, which encompasses the Southern Coastal region of Los Angeles County. He returned from Washington D.C., last week where he met with the Chair of the Federal Reserve Ben Bernanke and other officials. He is taking a leadership role on California's response to the subprime mortgage mess including the drafting of legislation.

Posted on January 24, 2008

Comments

"If enacted, AB 1830 will be the most comprehensive reform of mortgage lending in our State’s history, and the most aggressive mortgage reform in the nation. It will:

• Ban kickbacks paid to mortgage brokers to steer customers into pricier loans than they qualify for (known as “yield spread premiums”).
• Require lenders to determine if the borrower has the ability to pay over the life of the loan, not just the initial “teaser” rate.
• Ban loans where the borrower pays less than the accrued interest, leading to an increase in the principle (“negative amoritization” or “neg-am” loans).
• Prohibit prepayment penalties, which have stopped many borrowers from refinancing risky loans.

• Require pre-loan financial literacy counseling for certain high-cost loans, and require disclosure that recommends counseling for subprime loans."

um... none of these help people today only those in the future. Since these types of loans went bust there is no longer investors willing to lend money in this manner and there will not be any until the housing market turns around. (it will turn around) Furthermore those with adjustable loans were just given the biggest break they could get by the Fed, for many their rates will go down.

Posted by: sean at January 24, 2008 01:57 PM

Hmm, I've been watching this story closely and was inspired to write a song:

http://www.youtube.com/watch?v=Ivp4YqGCI-s

Posted by: Dave at January 25, 2008 04:53 AM

In 1992, a prospective borrower told me as a mortgage broker that Fremont Bank was doing "no point, no fee" loans. It took a while, but I finally figured out that if I put a cashiers check with my own money into escrow to pay a borrower's loan, title and escrow fees on their behalf, ten days later I would get that money back plus my profit on the loan from the wholesale lender. I also realized that by doing very thin deals, I could always beat Fremont Bank by .125% to .25% in fixed rate on "no point, no fee" deals. In the 16 years since, 80% of my refinance transactions have been "no point, no fee" loans, and my profit has been an average of .5 to .625 points. I've done one sub-prime loan in my career. How is this use of yield spread premium hurting borrowers? Many of those early sofisticated borrowers refinanced again very .5% to 1% in fixed rates over the next several years, and went from the mid nines to the sixes without ever paying closing costs.

Posted by: Tim Jarvis at January 26, 2008 09:45 AM

It appears that Ted Lieu and his cronies are not that bright, or are being heavily influenced by special interests...the banking industry. Taking away the ability to have a yield spread premium because of abuses my certain companies and individuals (brokers and direct lenders alike) in the recent past and current market, is analogous to penalizing all baseball players because certain ones cheated. Go after and punish (get rid of) the bad apples, don't cut off water to the entire apple orchard. AB 1830 is not well thought out. Yield spread premiums used correctly are a huge benefit to borrowers, sellers, lenders, brokers and the population as a whole. If Ted Lieu wants to get rid of mortgage brokers, stifle competition, increase rates, and let direct lenders do what they please thereby killing the consumers ability to shop and find a great deal with honest, ethical and hard working brokers, then keep attacking the yield spread premium. Then again, politicians are not the brightest colors in the rainbow, but they are always looking out for their own pot of gold. Hey sponsors of this bill, try harder, do more research, and don't follow the dollar to your own campaign. Do what we elected you to do, protect the bests interests of ALL of us...not just the ones who contribute to your coffers. Optimistically, I hope you see the light.

Posted by: Jim at January 26, 2008 03:28 PM

It appears that Ted Lieu and his cronies are not that bright, or are being heavily influenced by special interests...the banking industry. Taking away the ability to have a yield spread premium because of abuses by certain companies and individuals (brokers and direct lenders alike) in the recent past and current market, is analogous to penalizing all baseball players because certain ones cheated. Go after and punish (get rid of) the bad apples, don't cut off water to the entire apple orchard. AB 1830 is not well thought out. Yield spread premiums used correctly are a huge benefit to borrowers, sellers, lenders, brokers and the population as a whole. If Ted Lieu wants to get rid of mortgage brokers, stifle competition, increase rates, and let direct lenders do what they please thereby killing the consumers ability to shop and find a great deal with honest, ethical and hard working brokers, then keep attacking the yield spread premium. Then again, politicians are not the brightest colors in the rainbow, but they are always looking out for their own pot of gold. Hey sponsors of this bill, try harder, do more research, and don't follow the dollar to your own campaign. Do what we elected you to do, protect the bests interests of ALL of us...not just the ones who contribute to your coffers. Optimistically, I hope you see the light.

Posted by: Jim at January 26, 2008 03:31 PM

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