The Evolution of the Subprime Mortgage Market
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Subprime Lending, Mortgage Foreclosures and Race: How Far Have We Come and How Far Have We to Go?
Subprime Lending, Mortgage Foreclosures and Race: How far have we come and how far have we to go? Ira Goldstein, Ph.D. Director, Policy & Information Services The Reinvestment Fund With: Dan Urevick-Ackelsberg The Reinvestment Fund Subprime Lending, Mortgage Foreclosures and Race Background For most of the 20 th century, lending discrimination occurred primarily through the denial of credit to minority group members and to the neighborhoods in which they lived. Redlining is a place-based practice in which lenders denied mortgage credit to neighborhoods with substantial numbers of minorities – typically, African Americans and Latinos. Together with the differential treatment of minority and White applicants, a people-based practice, mortgage credit discrimination accelerated segregation and neighborhood decline. For many years, the private market and federal government (e.g., through the explicit practices of the Federal Housing Administration) operated under laws and policies that permitted (and many argue, promoted) redlining and racial segregation.1 After the passage of a number of historically significant federal laws in the 1960s and 1970s, especially the Fair Housing Act (Title VIII of the Civil Rights Act of 1968) and the Equal Credit Opportunity Act of 1974 (ECOA), federal law and policy outlawed lending discrimination, and started to require data collection among federally-regulated lending institutions. However, early enforcement of federal fair lending laws was anemic as evidenced by the limited number of legal actions filed, most of which were by private actors.2 Data collection on lending institutions did not begin in earnest amongst regulators until petitions were made to the financial regulatory agencies by the National Urban League in 1971. -
CITY of BREMERTON, WASHINGTON PLANNING COMMISSION AGENDA ITEM AGENDA TITLE: Workshop to Discuss Nonconformities and Substitute Senate Bill 5451
Commission Meeting Date: March 20, 2012 Agenda Item: V.B.1 CITY OF BREMERTON, WASHINGTON PLANNING COMMISSION AGENDA ITEM AGENDA TITLE: Workshop to discuss Nonconformities and Substitute Senate Bill 5451. DEPARTMENT: Community Development PRESENTED BY: Nicole Floyd, City Planner SUMMARY: This workshop is part of a series of workshops to discuss the Draft Shoreline Master Program (SMP) update. Each workshop focuses on a different set of topics and or sections of the code. The Planning Commission has held two previous workshops focusing on general nonconformities and how they are applicable to the Shoreline Master Program. This workshop will focus on the potential impacts of utilizing the allowed language from Substitute Senate Bill (SSB) 5451in relationship to the nonconforming provisions of the Shoreline Master Program Update. In summary, the Bill was drafted to clarify The Department of Ecology’s review authority over the Statewide SMP update process. Specifically, it is not Ecology’s responsibility to determine what terms are used when referring to existing residential structures. Statewide, this means that there will continue to be substantial variation as to how local jurisdictions address nonconformities within the Shoreline. For Bremerton, it provides the opportunity to change how nonconformities are classified and how they are regulated. This report aims to help provide a better understanding of the underlying issues surrounding the optional language changes to the nonconforming code section. Staff is asking the Planning Commission to provide direction by answering the following questions: 1. Should the City create an alternate name for legal nonconforming residential structures on the shoreline; and 2. Should the City allow for the full replacement of such residential structures an unlimited number of times? Please keep these questions in mind when reading the report and reviewing the attachments, as the report is intended to help provide a wide range of data surrounding these two questions. -
Housing and the Financial Crisis
This PDF is a selection from a published volume from the National Bureau of Economic Research Volume Title: Housing and the Financial Crisis Volume Author/Editor: Edward L. Glaeser and Todd Sinai, editors Volume Publisher: University of Chicago Press Volume ISBN: 978-0-226-03058-6 Volume URL: http://www.nber.org/books/glae11-1 Conference Date: November 17-18, 2011 Publication Date: August 2013 Chapter Title: The Future of the Government-Sponsored Enterprises: The Role for Government in the U.S. Mortgage Market Chapter Author(s): Dwight Jaffee, John M. Quigley Chapter URL: http://www.nber.org/chapters/c12625 Chapter pages in book: (p. 361 - 417) 8 The Future of the Government- Sponsored Enterprises The Role for Government in the US Mortgage Market Dwight Jaffee and John M. Quigley 8.1 Introduction The two large government- sponsored housing enterprises (GSEs),1 the Federal National Mortgage Association (“Fannie Mae”) and the Federal Home Loan Mortgage Corporation (“Freddie Mac”), evolved over three- quarters of a century from a single small government agency, to a large and powerful duopoly, and ultimately to insolvent institutions protected from bankruptcy only by the full faith and credit of the US government. From the beginning of 2008 to the end of 2011, the two GSEs lost capital of $266 billion, requiring draws of $188 billion under the Treasured Preferred Stock Purchase Agreements to remain in operation; see Federal Housing Finance Agency (2011). This downfall of the two GSEs was primarily a question of “when,” not “if,” given that their structure as a public/private Dwight Jaffee is the Willis Booth Professor of Banking, Finance, and Real Estate at the University of California, Berkeley. -
Freddie Mac Conforming and Super Conforming Fixed Rate
Freddie Mac Conforming and Super Conforming Fixed Rate This matrix is intended as an aid to help determine whether a property/loan qualifies for certain Freddie Mac offered programs. It is not intended as a replacement for Freddie Mac guidelines. Users are expected to know and comply with Freddie Mac’s requirements. NOTE: This matrix includes overlays which may be more restrictive than Freddie Mac’s requirements. Program Qualifications x Eligible loans are conforming and super conforming mortgages (using higher maximum loan limits permitted in designated high cost areas) fixed rate only receiving LP Accept findings Maximum Loan Amount 2017 Conforming Maximum Loan Amounts (available 12/2/16) Units Continental US Alaska & Hawaii 1 $424,100 $636,150 2 $543,000 $814,500 3 $656,350 $984,525 4 $815,650 $1,223,475* 2017 Super Conforming Loan Amounts (available 12/2/16) Continental US Alaska and Hawaii Units Minimum Loan Maximum Loan Minimum Loan Maximum Loan 1 $424,101 $636,150 $636,151 $954,225 2 $543,001 $814,500 $814,501 $1,221,750* 3 $656,351 $984,525 $984,526 $1,476,775* 4 $815,651 $1,223,475* Ineligible Ineligible Permanent High Cost area the maximum potential loan limits for designated high-cost areas. Actual loan limits are established for each county (or equivalent) and the loan limits for specific high-cost areas may be lower. The original balance of a Mortgage must not exceed the maximum loan limit for the specific areas in which the mortgage premises is located. For specific loan limits for each high cost area, as released by the Federal Housing Finance Agency visit http://www.fhfa.gov/DataTools/Downloads/Pages/Conforming-Loan-Limits.aspx *Maximum Loan Amount in all cases may not exceed $1,000,000. -
Does Collateral Reduce Loan-Size Credit Rationing? Survey Evidence
Does Collateral Reduce Loan-Size Credit Rationing? Survey Evidence ALEMU TULU CHALA & JENS FORSSBÆCK KNUT WICKSELL WORKING PAPER 2018:6 Working papers Editor: F. Lundtofte The Knut Wicksell Centre for Financial Studies Lund University School of Economics and Management Does Collateral Reduce Loan-Size Credit Rationing? Survey Evidence Alemu Tulu Chala Jens Forssbæck Abstract In theory, the use of collateral in credit contracting should mitigate the information problems that are widely held to be the primary cause of credit rationing. However, direct empirical evidence of the link between collateral use and credit rationing is scant. This paper examines the rela- tionship between collateral and credit rationing using survey data that provides clean measures of quantity and loan size rationing. We find that selection problems arising from the loan application process and co-determination of loan terms significantly influence the link between collateral and rationing. Accounting for these problems, our results sug- gest that collateral reduces the likelihood of experiencing loan-size credit rationing by between 15 and 40 percentage points, and that collateral also decreases the relative loan amount rationed. 1. Introduction Access to credit is a major concern, particularly for small firms. How important is collateral for securing access to credit for small businesses? The predominant view in the financial intermediation literature is that (equilibrium) rationing in credit markets arises primarily as a consequence of information asymmetries between lender and borrower (Jaffee and Russell, 1976; Stiglitz and Weiss, 1981), and that the provision of collateral by borrowers can work as a signaling or commitment device that addresses the information problems that are the source of credit rationing (Bester, 1985, 1987; Besanko and Thakor, 1987; Chan and Thakor, 1987).1 Consequently, collateral should reduce credit rationing. -
An Overview of the Housing Finance System in the United States
An Overview of the Housing Finance System in the United States Updated January 18, 2017 Congressional Research Service https://crsreports.congress.gov R42995 An Overview of the Housing Finance System in the United States Summary When making a decision about housing, a household must choose between renting and owning. Multiple factors, such as a household’s financial status and expectations about the future, influence the decision. Few people who decide to purchase a home have the necessary savings or available financial resources to make the purchase on their own. Most need to take out a loan. A loan that uses real estate as collateral is typically referred to as a mortgage. A potential borrower applies for a loan from a lender in what is called the primary market. The lender underwrites, or evaluates, the borrower and decides whether and under what terms to extend a loan. Different types of lenders, including banks, credit unions, and finance companies (institutions that lend money but do not accept deposits), make home loans. The lender requires some additional assurance that, in the event that the borrower does not repay the mortgage as promised, it will be able to sell the home for enough to recoup the amount it is owed. Typically, lenders receive such assurance through a down payment, mortgage insurance, or a combination of the two. Mortgage insurance can be provided privately or through a government guarantee. After a mortgage is made, the borrower sends the required payments to an entity known as a mortgage servicer, which then remits the payments to the mortgage holder (the mortgage holder can be the original lender or, if the mortgage is sold, an investor). -
United States District Court Northern District of Illinois Eastern Division
Case: 1:05-cv-07097 Document #: 701 Filed: 04/23/07 Page 1 of 15 PageID #:<pageID> UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IN RE AMERIQUEST MORTGAGE CO. ) MORTGAGE LENDING PRACTICES ) LITIGATION ) ) ) No. 05-CV-7097 RE CONSOLIDATED CLASS ACTION ) COMPLAINT ) FOR CLAIMS OF NON-BORROWERS ) ) MEMORANDUM OPINION AND ORDER MARVIN E. ASPEN, District Court Judge: Defendants Ameriquest Mortgage Company; AMC Mortgage Services, Inc.; Town & Country Credit Corporation; Ameriquest Capital Corporation; Town & Country Title Services, Inc.; and Ameriquest Mortgage Securities, Inc. move to dismiss the borrower plaintiffs’ Consolidated Class Action Complaint in its entirety. Defendants contend that: a) plaintiffs have failed to show through “clear and specific allegations of fact” that they have standing to bring this suit; b) plaintiffs’ first cause of action, for a declaration as to their rescission rights under the Truth-in-Lending Act, 15 U.S.C. § 1601, et seq., fails because TILA rescission is not susceptible to class relief; c) plaintiffs’ second and third causes of action fail because neither the Equal Credit Opportunity Act, 15 U.S.C. § 1691, et seq., nor the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq. require notices of “adverse actions” in this case; and d) plaintiffs’ twelfth cause of action fails because California’s Civil Legal Remedies Act, Cal. Civ. Code § 1750, et seq. does not apply to the residential mortgage loans here. 1 Case: 1:05-cv-07097 Document #: 701 Filed: 04/23/07 Page 2 of 15 PageID #:<pageID> In the alternative, defendants move for a more definite statement of plaintiffs’ claims. -
Conforming Loan Matrix
Conforming Loan Matrix Documentation Standards All loans must meet standard loan documentation and qualification requirements Exceptions Exceptions to guideline requirements will be made on a case by case basis Minimum Loan Amount For loans under $50,000, please contact your AE. Products and terms 30, 25, 20, 15, and 10 Year terms under standard conforming product Custom amortizations available under Retained product only DU Refi Plus- 30, 20, and 15 year terms Fannie Mae Home Ready 30 year Term (retained product) Transaction Type Purchase/Rate Term Refinance Cash Out Refinance Maximum LTV/CLTV Property Type Up to $484,350 Up to $484,350 FRM FRM Owner Occupied 1 Unit/Condo/PUD 97% 80% 2 Unit 85% 75% 3-4 Unit 75% 75% 1 Unit/Condo/PUD 90% 75% Second Home 2 Unit N/A N/A 3-4 Unit N/A N/A 1 Unit/Condo/PUD 85% 75% Investment Property 2 Unit 75% 70% 3-4 Unit 75% 70% DU/LP Eligibility DU Approve or LP approval – AUS approval required No Manual Underwrites Qualifying Ratios Per DU/LP 97 LTV Conforming The 97% LTV purchase requires at least one borrower to be a first-time homebuyer unless using the Home Ready program 97% Rate/Term refinance - FNMA must be the owner of the existing mortgage Home Ready Product https://www.fanniemae.com/content/fact_sheet/homeready-product- Matrix matrix.pdf Fannie Mae Originating https://www.fanniemae.com/singlefamily/originating-underwriting and Underwriting link Fannie Mae Eligibility https://www.fanniemae.com/content/eligibility_information/eligibility- Matrix matrix.pdf Fannie Mae Day 1 https://www.fanniemae.com/singlefamily/day-1-certainty -
Representative Consumer Finance Class Action Matters1
Representative Consumer Finance Class Action Matters1 A. Auto Finance ........................................................................................................ 1 B. Bankruptcy ........................................................................................................... 2 C. California Section 17200 Litigation .................................................................... 2 D. Consumer Fraud / Unfair and Deceptive Acts and Practices Laws ................. 3 E. Billing Practices / Fees and Charges (Mortgage Loan Servicing) ................... 5 F. Billing Practices / Fees and Charges (Telecom, Consumer Services) ............ 5 G. Electronic Information Security .......................................................................... 6 H. Fair Credit Reporting Act .................................................................................... 6 I. Fair Debt Collection Practices Act/Telephone Consumer Protection Act ...... 7 J. Fair Lending / Disparate Impact Litigation ........................................................ 8 K. Foreclosure .......................................................................................................... 8 L. HAMP Modification Litigation ............................................................................. 9 M. Insurance ............................................................................................................ 12 N. Miscellaneous Servicing ................................................................................... 12 O. -
The Distributional Impacts of Bank Credit Rationing Choudhary, M
K.7 Finance and Inequality: The Distributional Impacts of Bank Credit Rationing Choudhary, M. Ali and Anil Jain Please cite paper as: Choudhary, M. Ali and Anil Jain (2017). Finance and Inequality: The Distributional Impacts of Bank Credit Rationing. International Finance Discussion Papers 1211. https://doi.org/10.17016/IFDP.2017.1211 International Finance Discussion Papers Board of Governors of the Federal Reserve System Number 1211 July 2017 Board of Governors of the Federal Reserve System International Finance Discussion Papers Number 1211 July 2017 Finance and Inequality: The Distributional Impacts of Bank Credit Rationing M. Ali Choudhary and Anil Jain NOTE: International Finance Discussion Papers are preliminary materials circulated to stimulate discussion and critical comment. References in publications to International Finance Discussion Papers (other than an acknowledgment that the writer has had access to unpublished material) should be cleared with the author or authors. Recent IFDPs are available on the Web at https://www.federalreserve.gov/econres/ifdp/. This paper can be downloaded without charge from Social Science Research Network electronic library at http://www.sssrn.com. FINANCE AND INEQUALITY: THE DISTRIBUTIONAL IMPACTS OF BANK CREDIT RATIONING. M. ALI CHOUDHARY∗ AND ANIL JAIN† Abstract. We analyze reductions in bank credit using a natural experiment where unprecedented flooding differentially affected banks that were more exposed to flooded regions in Pakistan. Using a unique dataset that covers the universe of consumer loans in Pakistan and this exogenous shock to bank funding, we find two key results. First, banks disproportionately reduce credit to new and less-educated borrowers, following an increase in their funding costs. -
Eliminating Racial Discrimination in the Subprime Mortgage Market: Proposals for Fair Lending Reform
Brooklyn Law School BrooklynWorks Faculty Scholarship 2009 Eliminating Racial Discrimination in the Subprime Mortgage Market: Proposals for Fair Lending Reform Winnie F. Taylor Follow this and additional works at: https://brooklynworks.brooklaw.edu/faculty Part of the Civil Rights and Discrimination Commons, and the Housing Law Commons ELIMINATING RACIAL DISCRIMINATION IN THE SUBPRIME MORTGAGE MARKET: PROPOSALS FOR FAIR LENDING REFORM By Winnie F. Taylor* INTRODUCTION Lending discrimination has been a national problem for decades. Before Congress enacted the Equal Credit Opportunity Act (ECOA) in 1974 to combat it, lenders routinely denied credit to potential borrowers because of their race, gender, age, marital status and other personal characteristics unrelated to creditworthiness standards.' For instance, some creditors based their lending decisions on stereotypical assumptions about whether women in certain age groups would have children or return to work after childbirth.2 Others excluded minority communities from their lending areas by literally drawing red lines on maps around neighborhoods where mostly African Americans and Hispanics resided.3 The ECOA is a fair lending law that proscribes lending practices that impede credit opportunities for women, racial minorities and others who have * Professor of Law, Brooklyn Law School. I am grateful to Bethany Walsh, Dylan Gordon, and Adrienne Valdez for their helpful research assistance. I also thank the Brooklyn Law School faculty research fund for its support. See Winnie F. Taylor, Meeting the Equal Credit Opportunity Act's Specificity Requirement: Judgmental and Statistical Scoring Systems, 29 BUFF. L. REV. 73, 74-81 (1980). 2 See NATIONAL COMMISSION ON CONSUMER FIN., CONSUMER CREDIT IN THE UNITED STATES, 151, 152-53 (1972). -
1 United States District Court District of Massachusetts
Case 1:16-cv-10482-ADB Document 70 Filed 08/01/18 Page 1 of 19 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS GERARD M. PENNEY and * DONNA PENNEY, * * Plaintiffs, * * v. * Civil Action No. 16-cv-10482-ADB * DEUTSCHE BANK NATIONAL TRUST * COMPANY, et al., * * Defendants. * * MEMORANDUM AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT BURROUGHS, D.J. Plaintiffs Gerard M. Penney and Donna Penney initiated this lawsuit against Deutsche Bank National Trust Company as trustee of the Soundview Home Loan Trust 2005-OPT3 (“Deutsche Bank”) and Ocwen Loan Servicing, LLC (“Ocwen”) to stop a foreclosure on their home. On March 15, 2017, the Court dismissed all of the Plaintiffs’ claims in the Amended Complaint [ECF No. 21], except for the request in Count I for a declaratory judgment that the mortgage at issue is unenforceable against Donna and therefore a foreclosure cannot proceed. [ECF No. 39]. Deutsche Bank then filed counterclaims for fraud (Count I against Gerard), negligent misrepresentation (Count II against Donna), equitable subrogation (Count III against the Plaintiffs), and declaratory judgment (Count IV against the Plaintiffs). [ECF No. 55]. Currently pending before the Court are Ocwen’s motion for summary judgment on Count I of the Amended Complaint [ECF No. 57], and Deutsche Bank’s motion for partial summary judgment on Counts III and IV of the counterclaims [ECF No. 60].1 For the reasons stated below, 1 Deutsche Bank also joins Ocwen’s motion for summary judgment. [ECF Nos. 63, 64]. 1 Case 1:16-cv-10482-ADB Document 70 Filed 08/01/18 Page 2 of 19 Ocwen’s motion is DENIED and Deutsche Bank’s motion is GRANTED in part and DENIED in part.