Fed proposes to increase transparency in mortgage lending…in 600 pages!

Does anyone else out there think it’s a little funny that the proposals recently approved by the Fed to increase transparency in mortgage lending ran more than 600 pages a piece?    It is for this reason—among a number of others—that I am more than a little concerned about the government’s rather forceful re-entrance of late (and yes, I know that the Fed isn’t “technically” part of the government) into the mortgage lending industry. lots of paperwork

I mean, how many pages does it take to say to mortgage lenders and brokers “disclose all of the details”?  How much legalese must be used in order to require “plain English” disclosures?  Only career politicians and those who aspire to be could take a simple, straight-forward idea and make it into such a convoluted mess.

And that’s why I believe that they should—for the most part—keep their hands out of it.

You see, in order for mortgage transparency to truly be effective, it has to come from the inside out.   Government programs, rules and regulations will always have loopholes.  They will always be the result of a compromise—and usually too watered down to be truly effective.  As our tax code easily illustrates, there is virtually always a way to cover up, get around or turn a blind eye to governmental rules.   It will only be when mortgage lenders decide to use open mortgage practices—either because they choose to do business in a more consumer-friendly manner or because homeowners refuse to do business with them if they do not—that true transparency will occur.

Hmm…seems like I got the point across in four paragraphs and I’m not sure how much clearer English could have been used.   Maybe some folks in Washington should get rid of 599 pages and just take one from me.

Weekly transparent mortgage news wrap-up – July, 24 2009

It’s Friday, so that can only mean one thing… WTMNWU…  better known as the Weekly Transparent Mortgage News Wrap-Up.  Lately, the news and the blogosphere have been abuzz about transparent mortgage services. Since this is the first, of many weekly reports, I’ve included a a couple of older blog posts. From this point forward all posts included in the WTMNWU will be no more than a week old.

  • What Should Mortgage Finance Look Like? (Arnold Kling)

    We believe their sheer complexity is the core problem and that only increased transparency will unleash the market mechanisms needed to clean them up.

    …It is striking that no one in the regulatory community seems to think in such terms. Instead, the aim of financial reform seems to be to get us back to the financial system of 2005, but with better oversight.

  • Zillow Adds Mortgage Cost Comparison Feature

    “Truly shopping for a loan and comparing terms and costs on an apples-to-apples basis is excruciatingly difficult for the average consumer to do. This is why so many consumers find themselves in loans they don’t understand,” said Lloyd Frink, Zillow president.

    Great… if it can be done.  At the heart of Zillow is their home evaluation.  But many real estate agents have noted it to be very inaccurate. I just did a zestimate on my home and it was $200K off the correct value.  Unfortunately the value zestimate reported was $200K less than what it should be.  How do I know? I had my home officially appraised by a licensed appraiser just a few days ago.

  • New Disclosure Rules Coming for Mortgage Lenders

    Starting on July 30, mortgage lenders have new disclosure rules to be concerned about. Mortgage lenders will have to be more transparent about the total costs of a home mortgage loan, providing consumers with more information to make better-informed decisions.

    As with everything else in real estate, another disclosure will always help… NOT. I just put an offer in on a rental property. It’s been a few years since I put an offer on a property, and sure enough there were about 5 more disclosures I had to sign. I think real estate and mortgage contracts are growing by 2-3 pages every year.

  • Transparent Brokerage Fees Are An Elephant Slayer (Yes, this is over a month old, but since this is the first WTMNWU, we thought we would add it)

    Transparency in mortgage brokerage is a concept that is well underway. Mortgage brokers have always been required to disclose both borrower-paid and lender-paid compensation, on the good-faith-estimate and HUD-1 settlement statement, but rarely used disclosure as a selling feature to customers.

  • New Facebook Fan Page for The Transparent Mortgage NetworkpercentWe have started a fan page for the transparent mortgage movement. Instead of waiting for Washington to reform our system in a few years (if ever), let’s inform the consumer that there are transparent services out there NOW. It’s not revolutionary, it’s actually quite simple.
    Please join the fan page and help support our movement, everyone will benefit!

How to de-rail the government’s transparent mortgage reform train

Over the weekend I read another article about the steps the government is taking to reform mortgage services. I just shook my head thinking about all the tax dollars that are being spent on committees and research. You know how fast government works, right? Halfway through the article, it states that they are still years away from any type of reform. In my opinion, not only is the government again messing with the free economy, but they are taking power and the voice away from the consumer. When I say voice, I mean that most consumers think the government will make everything better and they should not demand transparent mortgage services NOW.

So I say, let’s derail this slow moving, tax funded, train!

…along with all of the reforms, really — could possibly cost consumers more for their mortgage, perhaps adding as much as a half a percentage point to their mortgage rates, said Cameron Findlay, chief economist for LendingTree.com. In addition, lenders who can’t afford to make the procedural changes might be forced out of business, which could effectively decrease competition, he added…

But, Findlay said, any extra costs would be worth it to restore faith in the system and protection for consumers. Also, it’s a drop in the bucket compared with what it’s costing to clean up the havoc created in the mortgage market and the entire economy when mortgage money was easy to get.
Source: MarketWatch

I say we can, and are, doing it now, for free and still maintaining the free economy.

Below are three points from the article that can be address now

  1. Requiring transparency. Consumers would receive a simple, integrated federal mortgage disclosure that is “reasonable, clearly written and concise,” and be adequately presented with the risks and benefits of a mortgage product.

    thumbs_upFirst of all, we have this now, it’s called the good faith estimate. It sounds like they want to add more documents to it, that probably won’t be read by the consumer because they will be given in the already large folder-o-docs that you get with any mortgage. You can make it as simple to read as possible, but when accompanied by dozens of other documents it just become another “skim over” item.Doesn’t better, more trustworthy, business win… Instead of waiting for the government to give the people the “thumbs up” and say it is now safe to borrow and trust mortgage brokers again, the consumer should be educated and shown that there are transparent mortgage services out there. Consumer demand outweighs government intervention any day!
  2. Promoting simplicity. Borrowers would first be offered “plain vanilla” mortgages with terms that are straightforward. They can obtain more complex mortgages, but those vanilla loans will be presented as a first choice.

    I think what they are talking about here is when a consumer cannot afford a mortgage of any type, so the mortgage broker gets creative, skips the 30 year fixed products and goes right to the adjustable mortgages. Again, it comes down to transparency of mortgage broker, and many Realtors, that often separate themselves from the mortgage side of things, need to stand up and protect their clients too. Real estate transparency is an umbrella, covering all aspects of the transaction.

  3. Demanding fairness. Mortgage brokers would be required to determine whether the mortgage they’re selling to a borrower is affordable, and prepayment penalties would be banned or restricted. Hidden fees that compensate a broker for selling a higher cost loan would be banned.

    This is where it starts to play with our free economy. Is that gas you’re buying affordable? Is that dentist bill affordable? is your paycheck big enough… This is a slippery slope when the government starts making vendors question whether the product they sell is affordable. Maybe the government should just jump in like health care and create a government mortgage loan service and compete with the big mortgage companies? That would solve everything!

If you think that we can change the mortgage industry before the government can, please become a fan of the Transparent Mortgage Network on Facebook. Let’s build a voice and create a better mortgage system.