Sunwest considered disclosing more about pay-option perils in its two-page mailings, the salesman said. "But that would have taken up too much space. You'd need four pages to cover everything." The firm instead relies on explanations by its employees, he said.
Oh my god--he's right--it would have taken an extra two pages of esplanation--that would have cost who knows how much in additional postage, and that would pushed margins to the point where thousands of families might never realize their American Dream of owning a home.
I deeply admire the compassion of this push--, uhm, lender.
OT-since we're into trashing threads this morning i might point out that "down goes CFC". what a bunch of panzies. is that all u got she wrote? Friday's runup was just a big short squeeze into which i shorted more. while i'm at it "down go the financials" as a result of what's really goin' on on Wall St. Folks are startin to realize that Paulson is just another frat boy goon trying to prop up US ponzie finance.
when investors start to "see" the real losses on the books of all these financial firms that are out in the open Mother Merrill will be needed in large doses.
"It's intended for people in perfect health and at an ideal body weight whose ancestors lived to be 100 and who only eat raw green veggies. Somehow it gets consumed down to the last crumb anyway"
Yea, freedom of choice has its privileges, doesn't it?
DSL is a bellwether for option ARMS and has been a darling on Wall St and for Cramer who's been pumping them for over 8mo. i heard him a couple of weeks back after DSL got trashed after they reported dismal results and all he said was "mea culpa".
their trashing tells u investors have caught on bigtime to this pig.
Of course they didn't want to put out a full explanation. They wanted to sell the heck out of the loans. Better lawyers would have wanted the fullest possible written disclosure just in case things go bad. But who reads four pages of disclosure these days anyway? People who know enough to stay away from option ARMs.. and to eat desserts like cheesecake only 2 or 3 times a year (sigh!).
The Newport Beach quote is what I've been trying to articulate for a while. In California, with median incomes in the $56,000 range, median home prices are ? $500,000 +. Of course the lower part of the income range aren't homeowners. Still, with gas, groceries, car insurance, utilities (not to mention orthodontia or any of the other necessities) how many can live on their paycheck and pay the mortgage? They're right, subprime is just the first inning, and with gas and everything else going up, it only gets harder.
I wonder if the unidentified salesman was concerned more about repercussions from Newport Beach than from Sunwest. "It's all just a front" says a lot, doesn't it?
The best prospects are existing homeowners, most likely with current fixed loans. This was the subprime top producing market segment,looks like not much has changed except the income bracket but the results will look the same, more foreclosure and BK.
Thats kind of scary when the salesman acknowledges that many "wealthy" people have bought past their means. I thought it was just all those dumb poor people screwing up Wall St.
Isn't this the crux of the problem (and the LA Times furthers the confusion). Its never a 1% interest rate and throwing around percentage rates in the context of a loan (other than the annual APR which folks assume the percentage represents) is deliberately misleading to 90% of the population (including the LA Times).
It finally hits home. My sister-in-law brought over her tax returns and mortgage statements last night. She has an interest only mortgage (6.375%) and HELOC (8.75%) on her house. She was sobbing, telling me "he told me it was a 30 year fixed mortgage". Yes, she should have brought along someone who could understand the fine print.
Another nice commission.
She was sobbing, telling me "he told me it was a 30 year fixed mortgage".
There's really the crux of it. People rely on what they are told. And we have here a broker telling the LAT that its whole business model depends on verbal explanations.
I've linked to these documents before, but let me do so again. Here's the Fannie Mae IO ARM note that almost all lenders use.
One of two things is happening here: people are signing notes without having read as far as the first bold-faced capitalized word on the first page, which is possible. Or, people's faith in verbal representations made by loan salespeople is so strong that they can see the top line of this document but their mind cannot process what it means.
Folks, the name of the game now is pump-n-dump. For an unwind to be orderly, the pigmen need buyers for the garbage they are trying to get rid of. Hence the recent fake-outs, suckers rallies and short squeezes.
Your grandma's pension fund and your 401K will become the ultimate destination for stocks like CFC & DSL, innocently named bond funds full of near-worthless MBS and other turkeys. Gobble gobble, just in time for Thanksgiving!
"Congratulations, you win the Non Sequitur of the Day Award."
Actually you won it already with your poor analogy. If cheesecake was intended just for the healthy then it wouldnt exist since healthy people avoid it...
I finally understand your objection to anything that is not a 30 year fixed rate prime loan...you don't understand them...its not that your elitist, you just cannot figure out how they work( you certainly wouldn't get one) so they must be bad for everyone, anytime. And since everyone else is stupid or a shyster(unlike you)you babble about predatory lending and sharks from Wall Street and rapid brokers destroying "your" industry, blah blah blah...very sad.
If cheesecake was intended just for the healthy then it wouldnt exist since healthy people avoid it...
Bingo!
The claim is that OAs are "intended" for a select group of financially sound borrowers.
Funny, several years ago when the OA was 2-3% of the market, that was true.
When it became the subject of mass marketing mailings that admittedly leave out the mind-numbing details, we can assume that what OAs are "intended" for means about as much as what cheesecakes are "intended for."
Producer, if you're down to accusing me of not understanding how mortgages work, you're scraping the bottom.
"The claim is that OAs are "intended" for a select group of financially sound borrowers"
Unless you are talking about hard money loans, every borrower you make a loan to should be financially sound so I do not follow the point about POAs. I agree the intended target should be people that have self control, a lower ltv and reserves, but that is exactly where the guidelines have adjusted to recently.... but the bottom line is the borrower must make choices, much like they do when they buy stocks, pick a doctor, career or a spouse...
"When it became the subject of mass marketing mailings that admittedly leave out the mind-numbing details, we can assume that what OAs are "intended" for means about as much as what cheesecakes are "intended for"
I agree about the mass mailings but there is a whole lotta time, conversation and disclosure between the moment they open up the envelope and the time the loan is recorded...
We haven't begun to see the effects on families of this debtberg monstrosity. It hits home when the relatives that overextended themselves by trying to flip spec homes demand money from their Alzheimer's disabled parent in a nursing home-in order to save their own sorry ass from BK.
Folks are desperate to maintain their lifestyle. It doesn't matter what income bracket they happen to be part of, they generally are living beyond their income and are in denial about what the outcome.
I know a family in Sonoma that owns a small family winery, they have HELOC the vineyard to max and beyond, the mother spends 5K to 10K each month on travel and entertainment, car etc to keep up the image, the winery will never produce enough income to cover the HELOC loans now over 10 million but they continue to live and act as if it will.
Well, that headline was hard to miss. So she made a mistake and is paying for it.
That reminds me of an acquaintance who ownes a RE office in an affluent suburb just north of Boston. In 2005, he told me "I just spent the last two years selling people houses they can't afford". He's a moral person, but needed to provide for his family and play by the same rules as the sharks.
"Folks are desperate to maintain their lifestyle. It doesn't matter what income bracket they happen to be part of, they generally are living beyond their income and are in denial about what the outcome."
Sorry to butt in Ron, but I think Tanta's point(at least as much as I can tell) is your example is why we should not offer alternative financing to people at all. It's like giving the crack addict a better crack pipe. Of course, maybe you agree. I do not.
"Or, people's faith in verbal representations made by loan salespeople is so strong that they can see the top line of this document but their mind cannot process what it means."
I believe this to be a huge part of the problem.
Even simplistic legal jargon is legal jargon. People's eyes glaze over.
It happened like this with a friend of mine:
they got a huge stack of papers and their RE agent (who was a friend, who they trusted) was there and said: "yeah it's just a bunch of legal mumbo jumbo... essentially here's what it's saying".
And they signed. Very stupid I know.
That said, in my own realm, there are times when I need a person to sign a consent form for a procedure, and CLEARLY WRITTEN in the stock form is stuff that isn't applicable to them. I tell them "this stuff doesn't apply to you" and they sign it.
I'm being honest, it DOESN'T apply to them. But the point here is that they TRUST me to keep my VERBAL end of the agreement, even though the writing states something very different.
"we should not offer alternative financing to people at all"
Given the track record of the past several years, certainly the GSEs and FHA should not be offering such financing (or bailing out those who offer or accept such financing).
With the MBA and NAR pushing for a bailout on the back-end, they have no business objecting to increased regulation on the front-end (including outlawing deceptive or commonly misunderstood loan types).
In my teaching hospital, the consent form for the procedure states that I am able to teach and train a resident/med student, or that I can videotape/audiotape the procedure for future learning issues.
Most days I do not do this. When I don't, I tell the families
"It will be me and you and my nursing support staff in the room, nobody else. nobody will touch you except for me. I will not audiotape or video tape anything. All extra tissue goes immediately in the trash".
And they sign.
But that document clearly states that I could do all those things I verbally promised not to do.
In 14 years, NOBODY has refused to sign, and they sign quickly.
I've been jealous of the people who own houses and drive nice expensive cars. I've often wondered how these people can afford to live like this. What type of job do you need to drive a nice Mercedes or two and have the big house? Turns out you don't need a great job, you just need to leverage what you have.
I'm not happy that these people will lose a lot but it will be nice to see them driving 10 year old cars like me.
One of two things is happening here: people are signing notes without having read as far as the first bold-faced capitalized word on the first page, which is possible. Or, people's faith in verbal representations made by loan salespeople is so strong that they can see the top line of this document but their mind cannot process what it means.
Or it could simply be they read it, understood it, signed it and immediately discounted the risk since:
A: Real estate only goes up
B: Rates are going lower
C: Therefore I can always refinance later...
Signs paper, cracks open the bubbly bought with money from the ATM called house and prepares to go shopping for the latest import sports sedan - lease of course since you get more for your money that way....
Whenever people get a form (a.k.a. binding contract) to sign, the salesperson typically hands over a pen at the same time and waits impatiently to receive back the form. I've seen that sales technique from "Investment Advisors" several times.
18 years of age and one can sign a legal contract, no reason to try and rewrite the legal system IMHO. What is interesting is that financial institutions still find it profitable to offer these types of loans its really that side of the fence that will call the shots on availablity of these products down stream. Credit/debt is additive much like playing the slots but Vegas doesn't take IOU's at least from folks like me and my guess is that lenders will get more and more selective and tougher on credit in the future.
Fact is, you can't have a high cost of funds like a Countrywide and make only vanilla loans (conforming non-jumbo). Just as many Americans are addicted to credit, a lot of banks and mortgage lenders are addicted to exotic loans.
"What is interesting is that financial institutions still find it profitable to offer these types of loans its really that side of the fence that will call the shots on availablity of these products down stream. Credit/debt is additive much like playing the slots but Vegas doesn't take IOU's at least from folks like me and my guess is that lenders will get more and more selective and tougher on credit in the future"
Well, the loans are still in demand by investors(mostly overseas) but as you say, if they do not see their intended returns because of delinquency and default or whatever else, they will stop making them. Pretty simple.
Or, people's faith in verbal representations made by loan salespeople is so strong that they can see the top line of this document but their mind cannot process what it means.
I think part of it is that people don't think of mortgage brokers as salespeople; they think of them as the mythical loan officers of yore who wouldn't lend you their bank's money if there was no way you could pay it back.
There was a seminar over the weekend in Boston teaching ordinary people, just like you, how to make big money in foreclosures! They even had a nice home in Sherborn MA for $200k! My neighbors went to see it. All it needed was about $200k in renovations and you had yourself a house worth perhaps $400-435k.
The banks are still reaching for the stars here in MA.
lenders will get more and more selective and tougher on credit in the future.
This was my belief, too. But we just got a written 30 days note with the rent that a Section 8 family is moving because they're buying a home. How is this possible? I guess there are a number of possible unlikely scenarios, but who would lend? I won't be surprised if it falls through, but how did it get this far? They're good people, but still, they're far away from the Newport Beach crowd especially in terms of income.
"Unless you are talking about hard money loans, every borrower you make a loan to should be financially sound so I do not follow the point about POAs. I agree the intended target should be people that have self control, a lower ltv and reserves, but that is exactly where the guidelines have adjusted to recently.... but the bottom line is the borrower must make choices, much like they do when they buy stocks, pick a doctor, career or a spouse..."
Uhh Producer, methinks you are being intentionally obtuse about this. What is your profession?
sdtfs,
In many cities there are affordable housing programs where low-income people can buy a modest place for below market. When large projects go up, there might be a city requirement for the builder to set aside 5% or so for such purposes. The buyers can only sell for a certain amount (say, 6% in Boston) per year over their purchase price. Getting someone off Section 8 and into a home not only helps that family, but saves the taxpayers a lot of money.
Folks are desperate to maintain their lifestyle. It doesn't matter what income bracket they happen to be part of, they generally are living beyond their income and are in denial about what the outcome.
Much truth there. I'm watching a local situation where a couple HELOC'ed their 5-ac and doublewide to buy an alcohol-consumption license. The bar where the license is/was being used is currently closed. The homestead is in FC (likely for $80k +/-). FC will go final next month.
I agree with YtL on the disclosure forms, if I was made to sign one before I could eat Tanta's cheesecake, I would do so without hesitation. Why? Because although I know what a myocardial infarction is, it's still an abstract risk; one that I think I can take on.
Would it be better to warn with illustrations? I was thinking along the lines of what Canada mandated on cigarette packaging - at least 25% of the labeling must be one of several warning designs which include grotesque photos of various cancerous growths - pretty shocking, but last I checked, people were still smoking away North of the border.
I guess my point is, until equity erosion becomes less of an abstact risk, few people will not fear it, and no disclosure form is going to change that.
Producer - I took Tanta's point to be that POAs should exist as a tiny slice of the market (2-3% nicheland) in equilibrium. I tend to agree, and I think the market will get back to that point in a matter of time. And probably much sooner than Sunwest would like.
Now money is a very tangible thing, you can hear it crackle in your hand, you can hear the roar of the new Hog, you can hear the purr of the new SUV, you can hear the game on your new big screen TV, you can hear the sweetness of the voice of your significant other with the new bobble, you can hear the ding of the check counter with your food.
Future money is an intangible thing, a promise, a concept, maybe even a threat. But never the less, it is not tangible and like it or not, many if not most of the human species has problems with intangible things.
So it has to be regulated, to any measure assert otherwise is to assert that a one legged man can race with everyone else.
Time and Money are intangibles that Humans have no hard wiring for. They are artificial intangible constructs that have to be learned to survive. But most have a handicap in one or both. Time is artificial. 3:00PM is an arbitrary thing. $1.00 is an arbitrary thing. So mommy or daddy government has to protect.
If I am hungry and someone offers me a large chocolate bar now for 20 1$ annual payments, I might just take it because I am satisfied now and the future is well a ways off.
Yea, regulation is the enemy of flexibility, but too much flexibility is the friend of chaos.
Not to mention that by the time problems are found, a nation of busted chocolate addicts, it is too late to correct.
Not so sure about the cheesecake analogy. I'm pretty thin and I eat cheesecake nearly as often as I see it on a restaurant menu - but I hardly ever finish everything on the plate. Seems to me the chubby and obese eat lite cheesecake and lots of it, while the morbidly obese eat regular cheesecake and lots of it.
I have no idea what this means for your analogy, but I imagine you can draw up a far richer one using moral hazard, adverse selection, rapacious marketing by corporations and self delusion in the cheesecake/mortgage markets.
"Producer - I took Tanta's point to be that POAs should exist as a tiny slice of the market (2-3% nicheland) in equilibrium. I tend to agree, and I think the market will get back to that point in a matter of time. And probably much sooner than Sunwest would like."
Maybe that is what she thinks, but who is going to be the judge of how many are made and to who? The market certainly has adjusted and (to me) is the final arbiter, but that slice could be and well should be larger than 3 percent.
Lama - Aren't you intensely curious to see your SIL's actual mortgage documents? I think I'd want to look at them and just see where she might've misinterpreted them. Maybe even going over them with her (if she could stomach that) would prevent her from being fleeced in the future.
And Tanta - forget the stinkin' recipe. I want the cheesecake. When are you setting up your baked goods website? And since you can't see me, I'm going to say I'm very thin, so you won't need to feel guilty about selling me a toxic product.
A lot of people will sign anything for two different reasons.
First, there are a lot of people who just can't or won't process information in a logical step-by-step manner. If you give them directions, they have to be able to grasp them all at once or they're completely lost. There's no way you can grasp a loan contract all at once, so they have to rely on the person handing them the document.
Second, the general view in this society is that legal documents are incomprehensible. Not just relatively incomprehensible compared to the sports pages, but might-as-well-be-in-Attic-Greek level. If it looks like it says something in plain text in a legal document, there's something somewhere else in the document that makes it mean the exact opposite. The fact that every consumer gets inundated with deliberately confusing and unavoidable contracts all the time certainly doesn't help. So if the broker sitting there tells you something that directly contradicts what it says on the document, you'll believe him and not the piece of paper.
Could something help? Sure, increased emphasis on critical thinking and questioning authority in school. Considering the first victims of these new skills would be the authorities themselves, that's not terribly likely.
Fact is, you can't have a high cost of funds like a Countrywide and make only vanilla loans (conforming non-jumbo). Just as many Americans are addicted to credit, a lot of banks and mortgage lenders are addicted to exotic loans.
Something of a problem, how to maintain your revenue stream when your business model does not reflect market realities?
but who is going to be the judge of how many are made and to who?
It will turn out that the market is not the final arbiter, because left to its own devices the market ends up, well, it ends up just about where we are now. The government is going to be the final arbiter, and I'll bet you a big fat slice of cheesecake you aren't going to like the outcome of the arbitration...
Outsider, I will look at them this week. Between her sobbing and my head throbbing from the flu, I had no more energy.
BTW: English is her second language, so I'm not sure she would have understood everything anyway.
This is why a boiled down version needs to happen.
Maybe have 3 versions of the loan documents.
Version 1: SUPER boiled down version. (1 page or less)
Version 2: boiled down version using only layperson talk. No legal mumbo jumbo. (2-4 pages)
version 3: the legalese.
The borrower needs to sign all 3 versions. and the 3 versions need to have the same "essence".
for instance, Version 1 should seriously ONLY say:
Your loan: $XXX,XXX
Your payment: $X,XXX per month
(if an ARM)
Your payment WILL change in X years. At that time, you will still owe $XXX,XXX on your loan.
Your new payment might go as high as $X,XXX or as low as $X,XXX but NOBODY can tell you for sure.
No matter what anyone says, in X years, you might not be able to change to a new loan. In the future, if you can change to a new loan, it might not reduce your payments.
It is possible that your house might lose value.
=====
it could have stuff in there about interest, but we've already seen how people really only care about "how much is it a month"
The point of the cheesecake analogy is that it is ludicrous. There are no cheesecake recipes intended for people who do not eat such things. No one believes that there are.
Yet we do not bat an eye when a broker says that the OA "is intended only for people who have at least 30% home equity, have lived in the home for three years or more and have solidly prime credit scores of 700 and up."
That is an attempt to describe someone who probably wouldn't be badly hurt by an OA. Just as people in perfect health with the right genes are highly unlikely to become morbidly obese or suffer clogged arteries by noshing on cheesecake.
Whatever that has to do with "intent" is beyond me. Of course there are lots of people who wouldn't get burned in an OA, but I find it hard to believe that most of them would take one.
Shnaps makes the interesting point that risk of heart disease is so abstract that he'd cheerfully sign the consent form for a piece of cheesecake.
I, on the other hand, know lots of people who are apparently convinced that one bite of it will cause you to fall over dead; the causal connection between the odd piece of cheesecake and premature death from heart failure is so terribly clear to these folks that they'll leave the room if you even mention egg yolks.
It does strike me as odd that people will get worked up over the risk of consuming cream cheese, but cheerfully sign mortgage documents without reading them.
come on stag, if you did'nt laugh at the thought of having to sit down in front of 24 agonizing hours of carlton sheetz " you can buy with no money down, dear renter" (which is the subject of your recent blog(renters)(i know cause i utilize your valuable site)(and store the data for future use) then i must determine that A) i'm not funny or B)you have no sense of humor...
so with that, i'll go back to bs'in(with another of my 70 alias's) about how many eggs are in tanta's cheesecake, while I figure out a way to avoid losing another million dollars in this crack rock credit market...
all in fu
Inflation is worse than I thought! Adding two more sheets of paper to the mailer is a deal breaker.
Even if the folks in the boiler room are on straight commission you'd think the costs of tying up a rep for 10 extra minutes would outweigh the cost of 2 double sided pages. Of course, I'm sure the reps will do a fine job carefully explaining the risks and won't glibly gloss over the perils.
Maybe I should just leave it at that, but my point about the cheesecake analogy is that the "lite Cheesecake" is actually more often abused than "regular cheesecake" (which obviously has plenty of potential for abuse).
There's often an anchoring affect in people's behaviour. So the average slighly chubby American says, "I'm not going to eat that unhealthy cheesecake, but I'll take a gigantic portion of the healthy one". I think there are a lot of people who see friends etc. taking on huge mortgages that are obviously toxic. They then say, "I know better than to take a OA, but that HELOC looks mighty tasty!"
rcryan - I hear ya - those Marlboro reds are dangerous. I think a Marlboro light would be a better choice for me.
Once some sob stories start making page one, things will change. Tomorrow, Americans will be as afraid of the equity eaters as they are today of Tanta's neufchâtel. Then -and only then - do the equity eaters retreat to 3% of the market. That is, of course, assuming the redirect is guided by Adam Smith's hand - not Uncle Sam's.
Sorry to butt in Ron, but I think Tanta's point(at least as much as I can tell) is your example is why we should not offer alternative financing to people at all. It's like giving the crack addict a better crack pipe.
I don't think that was Tanta's point at all. In any case, the "problem" for the last 5-6 years was not that "alternative financing" existed (it always has in one form or another), but that caution was completely thrown to the wind and risk became a banished concept (or at least like a crazy aunt that no one talked about).
"Back in the day" (c. 2000 AD), neg-ams and I/Os existed, but they were reserved mainly for the wealthy elite and Wall-Streeters who got most of their compensation in the form of year-end commissions/bonuses. In other words, people who could understand an amortization schedule and used these loans as tools to arbitrage rates.
Nowadays, neg-ams are marketed like Big Macs to anyone with a pulse, reagrdless of risk and regardless of whether or not the borrowers have a clue as to what they're signing. And brokers don't have to worry about pesky things like default risk, all thanks to the risk-transferring "magic" of CDOs and MBSs. Outta sight, outta mind, and where's my commission check?
But you're right, Producer, Tanta probably hates capitalism and freedom and children and little puppy dogs, too.
I want the cheesecake but I want the rest of this party, too. I keep paying my mortgage, keep credit card balances low-to-nil. Lost my job and became a job nomad 3 states over but still paying the mortgage "back home." Perhaps one of these OAs with a side of the cake and a party hat atop my head will allow me to catch up with your sharpies.
Gee, Tanta, could your cheesecake analogy be any clearer?
INGREDIENTS:
1 1/2 cups all-purpose flour
1/3 cup white sugar
1 egg, beaten
1/2 cup butter, softened
2 1/2 pounds cream cheese,
softened 1 3/4 cups white sugar
3 tablespoons all-purpose flour
5 eggs
2 egg yolks
1/4 cup heavy whipping cream
DIRECTIONS:
1. Preheat oven to 400 degrees F (200 degrees C). Lightly coat a 10 inch springform pan with spray oil. Note: You could use a 9x13 inch pan instead.
2. To make the crust: Combine 1 1/2 cups flour, 1/3 cup sugar, 1 egg and 1/2 cup butter or margarine. Spread to the edges of the pan. Prick all over with a fork, then bake 15 minutes at 400 degrees F (200 degrees C). Allow to cool.
3. Increase oven temperature to 475 degrees F (245 degrees C). In a large bowl, combine cream cheese, 1 3/4 cups sugar, 3 tablespoons flour, 5 eggs and the yolks and mix thoroughly. Add cream and mix only enough to blend.
4. Pour filling over crust and bake for 10 minutes at 475 degrees F (245 degrees C). Reduce temperature to 200 degrees F (95 degrees C) and continue to bake for one hour. Turn oven off, but leave cake in for another hour. Don't worry if it looks a little jiggly in the center.
5. Chill overnight. This is imperative! If desired, top with your favorite fruit or serve plain.
I agree w/above posters that many folks are overextended. On a recent background check the person screening my info was incredulous that we only had mortgage debt "no ATVs or other toys? no credit card loans? no car loan?". My wife still gets mad at me from time to time b/c I slip extra money into our mortgage principal.
Granted we are upper 15% LA County income tier, but we live cheap except for our mortgage- Toyota rules
Sorry to butt in Ron, but I think Tanta's point(at least as much as I can tell) is your example is why we should not offer alternative financing to people at all. It's like giving the crack addict a better crack pipe. Of course, maybe you agree. I do not. There is a huge difference between my going out and finding my first crack dealer and getting addicted because I decided that it was a good idea and the crack dealer showing up at my house and talking me into trying it for the first time.
"neg-ams and I/Os existed, but they were reserved mainly for the wealthy elite and Wall-Streeters who got most of their compensation in the form of year-end commissions/bonuses. In other words, people who could understand an amortization schedule and used these loans as tools to arbitrage rates."
No, they were not. The first neg am loan was marketed to average Joe borrowers not Wall Streeters. Besides, according to Tanta's logic, the Wall Streeters would be too smart to accept such a hideous loan anyway. Futhermore, what does compensation cycles have to do with people making the right choices?
Anyway, the fix is in the works. If bankruptcy law is changed to discharge owner occupied mortgages like any other secured debt, the holders of the money will get a lot less reckless with how they lend it out.
It takes an MBA to understand an amortization schedule?
No, but it might take one (plus a law degree) to understand a fraction of the fine print buried in your average loan packet.
I'll leave it to Tanta and CR to school Producer in the pre-bubble history of I/O and neg-am loans, as they are industry insiders and far more qualified to comment (hint: they were not being mass marketed to Joe & Jane Howmuchamonth prior to the MBS/CDO risk-offloading "miracle" and Greenspan's 1%).
Regarding "elitism", if being in favor of matching risk with reward (i.e., forcing toxic paper-pushers to eat their own shit vs. socializing risk via Fannie/Freddie or some other government bailout), I guess I qualify as "elitist" then. Ditto for being in favor of laws that discourage fraud and aim to protect consumers from outright usury.
I guess I "hate" Wall Street's "freedom" to financially rape my neighbors, friends and co-workers without any nasty government "interference" in that lovely level-playing field "free-market" process. But I'm just "elitist" that way.
HARM: "I guess I "hate" Wall Street's "freedom" to financially rape my neighbors, friends and co-workers without any nasty government "interference" in that lovely level-playing field "free-market" process."
Come on! Next you're going to tell me the Fed runs a secret behind-closed-doors cost-of-funds price-fixing scheme on behalf of hyper-fortunate insiders who gather obscene fees lending the new credit that waters down the value of all outstanding dollars, and that the former executives from GS have crossed the bridge (to heck with the revolving-door metaphor) from Wall Street to Washington, the ECB, the World Bank, etc.
.
"I'll leave it to Tanta and CR to school Producer in the pre-bubble history of I/O and neg-am loans, as they are industry insiders and far more qualified to comment (hint: they were not being mass marketed to Joe & Jane Howmuchamonth prior to the MBS/CDO risk-offloading "miracle" and Greenspan's 1%)."
Schools out Bud... I was at the firm that originated the first neg am loan -- called the CAMP -- and Home Savings came out with theirs soon after. It was a Savings and Loan dominated world then...
"Regarding "elitism", if being in favor of matching risk with reward (i.e., forcing toxic paper-pushers to eat their own shit vs. socializing risk via Fannie/Freddie or some other government bailout), I guess I qualify as "elitist" then. Ditto for being in favor of laws that discourage fraud and aim to protect consumers from outright usury."
Not sure what this babble was intended for but the term was meant to address your comment that POAs were only for Wall Streeters and "well heeled" types.
"I guess I "hate" Wall Street's "freedom" to financially rape my neighbors, friends and co-workers without any nasty government "interference" in that lovely level-playing field "free-market" process."
Of course your neighbors, frineds and co-workers are a bunch of loons who would otherwise need a MBA to ensure they could add a margin to an index, and only the governement, that shrine to purity of motive and goodwill, can help them make their decisions for them...
Of course your neighbors, frineds and co-workers are a bunch of loons who would otherwise need a MBA to ensure they could add a margin to an index, and only the governement, that shrine to purity of motive and goodwill, can help them make their decisions for them...
@Producer,
Loons? No. Occasionally irresponsible, functionally innumerate, and easily manipulated by slick self-serving industry con-men (like 90+% of the American public)? Yes.
The government may be no paragon of virtue or shrine to goodwill as you so poetically put it, but as the old saying goes: "Capitalism is not supposed to be two wolves and a sheep voting on what's for dinner."
I haven't seen much in the way of government "regulation" in mortgage markets over the past decade. Stockbrokers must act as fiduciaries, take exams, comply with SOX, and can even lose their license over relatively small infractions. By contrast, independent mortgage brokers seem to be able to say, do and peddle pretty much whatever they want with virtual impunity.
There are many freedoms that I treasure and would fight to defend. The right to hang myself with a toxic loan and get gang-raped by Wall Street is not among them.
"Loons? No. Occasionally irresponsible, functionally innumerate, and easily manipulated by slick self-serving industry con-men (like 90+% of the American public)? Yes."
bet they love to hear that...of course you are a bit smarter than all the rest, right?
I agree with you on mortgage broker accountability although they generally must take exams, provide fiduciary service and can lose their license if found guilty of fraud...and the aforementioned requirements/responsibilities for SBs really haven't made that industry any more trustful.
The one thing that would help the mortgage side is a federal licensing act..
Producer - well I guess it might be kinda fun to see a mortgage flak join this discussion board. Altho, this ain't no typical blog and this ain't no typical board. To wit:
provide fiduciary service
False! Brokers and the MBA have vigorously opposed any attempt to impose fiduciary obligations. I should know. I'm a traditional banker that has fought many long years to shut down our "wholesale channel." Mortgage brokers add no value and literally could be legislated out of existence at no harm to the house buying public.
I feel confident asserting that I know more about OAs than anyone here -- about their current performance, about the characteristics of the borrowers in every vintage over the last 4 years. The runup in OAs has purely been an affordability play, when short-sighted "buyers" got caught up in the frenzy only to ask, a la car leases, how much can i get for how little monthly payment.
The OA time bomb is set to go off in '08. Getting an OA in a flat yield curve market is pure idiocy.
"False! Brokers and the MBA have vigorously opposed any attempt to impose fiduciary obligations. I should know. I'm a traditional banker that has fought many long years to shut down our "wholesale channel." Mortgage brokers add no value and literally could be legislated out of existence at no harm to the house buying public."
Some expert you are. Since mortgage brokers are licensed by their state not by the MBA or NAMB, it does not make any difference what the organizations say, only what the state licensing entities require. In California for instance, the MB has the same license as real estate agents so the fiduciary language applies. That said, who here things real estate agents are any better at that?
"Mortgage brokers add no value and literally could be legislated out of existence at no harm to the house buying public."
Perhaps, but these no value entities have out produced the likes of you for 15 years....but yea, I know, they were just fooling poor suckers who did not know any better...
Sunwest considered disclosing more about pay-option perils in its two-page mailings, the salesman said. "But that would have taken up too much space. You'd need four pages to cover everything." The firm instead relies on explanations by its employees, he said.
Oh my god--he's right--it would have taken an extra two pages of esplanation--that would have cost who knows how much in additional postage, and that would pushed margins to the point where thousands of families might never realize their American Dream of owning a home.
I deeply admire the compassion of this push--, uhm, lender.
"esplanation" is a new word, maybe?
[Shutting up now]
OT-since we're into trashing threads this morning i might point out that "down goes CFC". what a bunch of panzies. is that all u got she wrote? Friday's runup was just a big short squeeze into which i shorted more. while i'm at it "down go the financials" as a result of what's really goin' on on Wall St. Folks are startin to realize that Paulson is just another frat boy goon trying to prop up US ponzie finance.
when investors start to "see" the real losses on the books of all these financial firms that are out in the open Mother Merrill will be needed in large doses.
"It's intended for people in perfect health and at an ideal body weight whose ancestors lived to be 100 and who only eat raw green veggies. Somehow it gets consumed down to the last crumb anyway"
Yea, freedom of choice has its privileges, doesn't it?
DSL is a bellwether for option ARMS and has been a darling on Wall St and for Cramer who's been pumping them for over 8mo. i heard him a couple of weeks back after DSL got trashed after they reported dismal results and all he said was "mea culpa".
their trashing tells u investors have caught on bigtime to this pig.
Of course they didn't want to put out a full explanation. They wanted to sell the heck out of the loans. Better lawyers would have wanted the fullest possible written disclosure just in case things go bad. But who reads four pages of disclosure these days anyway? People who know enough to stay away from option ARMs.. and to eat desserts like cheesecake only 2 or 3 times a year (sigh!).
oh and i might also mention BKUNA which was a topic thread also last wk. its now going into the tank bigtime.
Please post the rest of the recipe.
No one wants to live forever......
In an economic sense 'what sense does it make to die in the black?
with gold hitting 798 last nite and oil at 92 we are approaching armageddon.
when will ppl realize that no matter how much BB cuts Wednesday, it won't matter?
The Newport Beach quote is what I've been trying to articulate for a while. In California, with median incomes in the $56,000 range, median home prices are ? $500,000 +. Of course the lower part of the income range aren't homeowners. Still, with gas, groceries, car insurance, utilities (not to mention orthodontia or any of the other necessities) how many can live on their paycheck and pay the mortgage? They're right, subprime is just the first inning, and with gas and everything else going up, it only gets harder.
idoc,
It may matter but it won't help.
I wonder if the unidentified salesman was concerned more about repercussions from Newport Beach than from Sunwest. "It's all just a front" says a lot, doesn't it?
The best prospects are existing homeowners, most likely with current fixed loans. This was the subprime top producing market segment,looks like not much has changed except the income bracket but the results will look the same, more foreclosure and BK.
Thats kind of scary when the salesman acknowledges that many "wealthy" people have bought past their means. I thought it was just all those dumb poor people screwing up Wall St.
Yea, freedom of choice has its privileges, doesn't it?
Congratulations, you win the Non Sequitur of the Day Award.
Your prize is one of those attractive fake paystubs that is intended only for recreational purposes.
I thought it was just all those dumb poor people screwing up Wall St.
The middle class are sharks.
"allows payments based on a 1% interest rate"
Isn't this the crux of the problem (and the LA Times furthers the confusion). Its never a 1% interest rate and throwing around percentage rates in the context of a loan (other than the annual APR which folks assume the percentage represents) is deliberately misleading to 90% of the population (including the LA Times).
It finally hits home. My sister-in-law brought over her tax returns and mortgage statements last night. She has an interest only mortgage (6.375%) and HELOC (8.75%) on her house. She was sobbing, telling me "he told me it was a 30 year fixed mortgage". Yes, she should have brought along someone who could understand the fine print.
Another nice commission.
Sounds like that cheesecake is loaded with protein and calcium!
My attempt at levity/dark humor
Those in asset management are aware of Copula Model as being
instrumental in creating price transparency and "market liquidity"
for CDS/CDO .
The model can be described
a) The copula model
When being used as a verb in the past tense
would
b) Copulated model be appropriate
Or in the present tense
c) Copulating Model
Or would the synonym slang/expletive better
describe current sentiment on this model.
barrkum
the "upscale subprime" class.
Is that sorta like the "upper lower lower class"?
She was sobbing, telling me "he told me it was a 30 year fixed mortgage".
There's really the crux of it. People rely on what they are told. And we have here a broker telling the LAT that its whole business model depends on verbal explanations.
I've linked to these documents before, but let me do so again. Here's the Fannie Mae IO ARM note that almost all lenders use.
Notice the "fine print" at the top of page one.
https://www.efanniemae.com/sf/formsdocs/documents/notes/pdf/3530.pdf
One of two things is happening here: people are signing notes without having read as far as the first bold-faced capitalized word on the first page, which is possible. Or, people's faith in verbal representations made by loan salespeople is so strong that they can see the top line of this document but their mind cannot process what it means.
Some days I'm not at all sure which it is.
"It's all just a front, with stilts holding it up."
That sounds a lot like the whole US economy.
Folks, the name of the game now is pump-n-dump. For an unwind to be orderly, the pigmen need buyers for the garbage they are trying to get rid of. Hence the recent fake-outs, suckers rallies and short squeezes.
Your grandma's pension fund and your 401K will become the ultimate destination for stocks like CFC & DSL, innocently named bond funds full of near-worthless MBS and other turkeys. Gobble gobble, just in time for Thanksgiving!
"Congratulations, you win the Non Sequitur of the Day Award."
Actually you won it already with your poor analogy. If cheesecake was intended just for the healthy then it wouldnt exist since healthy people avoid it...
I finally understand your objection to anything that is not a 30 year fixed rate prime loan...you don't understand them...its not that your elitist, you just cannot figure out how they work( you certainly wouldn't get one) so they must be bad for everyone, anytime. And since everyone else is stupid or a shyster(unlike you)you babble about predatory lending and sharks from Wall Street and rapid brokers destroying "your" industry, blah blah blah...very sad.
"Its never a 1% interest rate"
It is for the first month only unless otherwise stated in the loan docs...
If cheesecake was intended just for the healthy then it wouldnt exist since healthy people avoid it...
Bingo!
The claim is that OAs are "intended" for a select group of financially sound borrowers.
Funny, several years ago when the OA was 2-3% of the market, that was true.
When it became the subject of mass marketing mailings that admittedly leave out the mind-numbing details, we can assume that what OAs are "intended" for means about as much as what cheesecakes are "intended for."
Producer, if you're down to accusing me of not understanding how mortgages work, you're scraping the bottom.
"The claim is that OAs are "intended" for a select group of financially sound borrowers"
Unless you are talking about hard money loans, every borrower you make a loan to should be financially sound so I do not follow the point about POAs. I agree the intended target should be people that have self control, a lower ltv and reserves, but that is exactly where the guidelines have adjusted to recently.... but the bottom line is the borrower must make choices, much like they do when they buy stocks, pick a doctor, career or a spouse...
.
"When it became the subject of mass marketing mailings that admittedly leave out the mind-numbing details, we can assume that what OAs are "intended" for means about as much as what cheesecakes are "intended for"
I agree about the mass mailings but there is a whole lotta time, conversation and disclosure between the moment they open up the envelope and the time the loan is recorded...
We haven't begun to see the effects on families of this debtberg monstrosity. It hits home when the relatives that overextended themselves by trying to flip spec homes demand money from their Alzheimer's disabled parent in a nursing home-in order to save their own sorry ass from BK.
Tanta:
Folks are desperate to maintain their lifestyle. It doesn't matter what income bracket they happen to be part of, they generally are living beyond their income and are in denial about what the outcome.
I know a family in Sonoma that owns a small family winery, they have HELOC the vineyard to max and beyond, the mother spends 5K to 10K each month on travel and entertainment, car etc to keep up the image, the winery will never produce enough income to cover the HELOC loans now over 10 million but they continue to live and act as if it will.
Speaking of option ARMs, look at CR favorite BKUNA go dowwwnn! Looks like there's a lot of Maternal Tantra going on there...
Well, that headline was hard to miss. So she made a mistake and is paying for it.
That reminds me of an acquaintance who ownes a RE office in an affluent suburb just north of Boston. In 2005, he told me "I just spent the last two years selling people houses they can't afford". He's a moral person, but needed to provide for his family and play by the same rules as the sharks.
"Folks are desperate to maintain their lifestyle. It doesn't matter what income bracket they happen to be part of, they generally are living beyond their income and are in denial about what the outcome."
Sorry to butt in Ron, but I think Tanta's point(at least as much as I can tell) is your example is why we should not offer alternative financing to people at all. It's like giving the crack addict a better crack pipe. Of course, maybe you agree. I do not.
"Or, people's faith in verbal representations made by loan salespeople is so strong that they can see the top line of this document but their mind cannot process what it means."
I believe this to be a huge part of the problem.
Even simplistic legal jargon is legal jargon. People's eyes glaze over.
It happened like this with a friend of mine:
they got a huge stack of papers and their RE agent (who was a friend, who they trusted) was there and said: "yeah it's just a bunch of legal mumbo jumbo... essentially here's what it's saying".
And they signed. Very stupid I know.
That said, in my own realm, there are times when I need a person to sign a consent form for a procedure, and CLEARLY WRITTEN in the stock form is stuff that isn't applicable to them. I tell them "this stuff doesn't apply to you" and they sign it.
I'm being honest, it DOESN'T apply to them. But the point here is that they TRUST me to keep my VERBAL end of the agreement, even though the writing states something very different.
"we should not offer alternative financing to people at all"
Given the track record of the past several years, certainly the GSEs and FHA should not be offering such financing (or bailing out those who offer or accept such financing).
With the MBA and NAR pushing for a bailout on the back-end, they have no business objecting to increased regulation on the front-end (including outlawing deceptive or commonly misunderstood loan types).
To expand my idea:
In my teaching hospital, the consent form for the procedure states that I am able to teach and train a resident/med student, or that I can videotape/audiotape the procedure for future learning issues.
Most days I do not do this. When I don't, I tell the families
"It will be me and you and my nursing support staff in the room, nobody else. nobody will touch you except for me. I will not audiotape or video tape anything. All extra tissue goes immediately in the trash".
And they sign.
But that document clearly states that I could do all those things I verbally promised not to do.
In 14 years, NOBODY has refused to sign, and they sign quickly.
Yahoo! 404 - Page Not Found
Credit cards used to pay mortgages. We all knew what would happen here.
I've been jealous of the people who own houses and drive nice expensive cars. I've often wondered how these people can afford to live like this. What type of job do you need to drive a nice Mercedes or two and have the big house? Turns out you don't need a great job, you just need to leverage what you have.
I'm not happy that these people will lose a lot but it will be nice to see them driving 10 year old cars like me.
One of two things is happening here: people are signing notes without having read as far as the first bold-faced capitalized word on the first page, which is possible. Or, people's faith in verbal representations made by loan salespeople is so strong that they can see the top line of this document but their mind cannot process what it means.
Or it could simply be they read it, understood it, signed it and immediately discounted the risk since:
A: Real estate only goes up
B: Rates are going lower
C: Therefore I can always refinance later...
Signs paper, cracks open the bubbly bought with money from the ATM called house and prepares to go shopping for the latest import sports sedan - lease of course since you get more for your money that way....
Anonymous in the post above is me...
Whenever people get a form (a.k.a. binding contract) to sign, the salesperson typically hands over a pen at the same time and waits impatiently to receive back the form. I've seen that sales technique from "Investment Advisors" several times.
producer:
18 years of age and one can sign a legal contract, no reason to try and rewrite the legal system IMHO. What is interesting is that financial institutions still find it profitable to offer these types of loans its really that side of the fence that will call the shots on availablity of these products down stream. Credit/debt is additive much like playing the slots but Vegas doesn't take IOU's at least from folks like me and my guess is that lenders will get more and more selective and tougher on credit in the future.
Tanta if we cant get recipe can we at least get some Monday morning rock blogging?
Cheers!
Fact is, you can't have a high cost of funds like a Countrywide and make only vanilla loans (conforming non-jumbo). Just as many Americans are addicted to credit, a lot of banks and mortgage lenders are addicted to exotic loans.
"What is interesting is that financial institutions still find it profitable to offer these types of loans its really that side of the fence that will call the shots on availablity of these products down stream. Credit/debt is additive much like playing the slots but Vegas doesn't take IOU's at least from folks like me and my guess is that lenders will get more and more selective and tougher on credit in the future"
Well, the loans are still in demand by investors(mostly overseas) but as you say, if they do not see their intended returns because of delinquency and default or whatever else, they will stop making them. Pretty simple.
Or, people's faith in verbal representations made by loan salespeople is so strong that they can see the top line of this document but their mind cannot process what it means.
I think part of it is that people don't think of mortgage brokers as salespeople; they think of them as the mythical loan officers of yore who wouldn't lend you their bank's money if there was no way you could pay it back.
There was a seminar over the weekend in Boston teaching ordinary people, just like you, how to make big money in foreclosures! They even had a nice home in Sherborn MA for $200k! My neighbors went to see it. All it needed was about $200k in renovations and you had yourself a house worth perhaps $400-435k.
The banks are still reaching for the stars here in MA.
lenders will get more and more selective and tougher on credit in the future.
This was my belief, too. But we just got a written 30 days note with the rent that a Section 8 family is moving because they're buying a home. How is this possible? I guess there are a number of possible unlikely scenarios, but who would lend? I won't be surprised if it falls through, but how did it get this far? They're good people, but still, they're far away from the Newport Beach crowd especially in terms of income.
"Unless you are talking about hard money loans, every borrower you make a loan to should be financially sound so I do not follow the point about POAs. I agree the intended target should be people that have self control, a lower ltv and reserves, but that is exactly where the guidelines have adjusted to recently.... but the bottom line is the borrower must make choices, much like they do when they buy stocks, pick a doctor, career or a spouse..."
Uhh Producer, methinks you are being intentionally obtuse about this. What is your profession?
Sunwest is making the OA loans for its portfolio, not to be sold to investors. This will be an insignificant number of loans.
sdtfs,
In many cities there are affordable housing programs where low-income people can buy a modest place for below market. When large projects go up, there might be a city requirement for the builder to set aside 5% or so for such purposes. The buyers can only sell for a certain amount (say, 6% in Boston) per year over their purchase price. Getting someone off Section 8 and into a home not only helps that family, but saves the taxpayers a lot of money.
Folks are desperate to maintain their lifestyle. It doesn't matter what income bracket they happen to be part of, they generally are living beyond their income and are in denial about what the outcome.
Much truth there. I'm watching a local situation where a couple HELOC'ed their 5-ac and doublewide to buy an alcohol-consumption license. The bar where the license is/was being used is currently closed. The homestead is in FC (likely for $80k +/-). FC will go final next month.
I agree with YtL on the disclosure forms, if I was made to sign one before I could eat Tanta's cheesecake, I would do so without hesitation. Why? Because although I know what a myocardial infarction is, it's still an abstract risk; one that I think I can take on.
Would it be better to warn with illustrations? I was thinking along the lines of what Canada mandated on cigarette packaging - at least 25% of the labeling must be one of several warning designs which include grotesque photos of various cancerous growths - pretty shocking, but last I checked, people were still smoking away North of the border.
I guess my point is, until equity erosion becomes less of an abstact risk, few people will not fear it, and no disclosure form is going to change that.
Producer - I took Tanta's point to be that POAs should exist as a tiny slice of the market (2-3% nicheland) in equilibrium. I tend to agree, and I think the market will get back to that point in a matter of time. And probably much sooner than Sunwest would like.
Now money is a very tangible thing, you can hear it crackle in your hand, you can hear the roar of the new Hog, you can hear the purr of the new SUV, you can hear the game on your new big screen TV, you can hear the sweetness of the voice of your significant other with the new bobble, you can hear the ding of the check counter with your food.
Future money is an intangible thing, a promise, a concept, maybe even a threat. But never the less, it is not tangible and like it or not, many if not most of the human species has problems with intangible things.
So it has to be regulated, to any measure assert otherwise is to assert that a one legged man can race with everyone else.
Time and Money are intangibles that Humans have no hard wiring for. They are artificial intangible constructs that have to be learned to survive. But most have a handicap in one or both. Time is artificial. 3:00PM is an arbitrary thing. $1.00 is an arbitrary thing. So mommy or daddy government has to protect.
If I am hungry and someone offers me a large chocolate bar now for 20 1$ annual payments, I might just take it because I am satisfied now and the future is well a ways off.
Yea, regulation is the enemy of flexibility, but too much flexibility is the friend of chaos.
Not to mention that by the time problems are found, a nation of busted chocolate addicts, it is too late to correct.
YouTube
- Broadcast Yourself.
"Connie Francis - Everybody's Somebody's Fool"
I think this is relevant....
Vader,
And here I am with my Nestles stock, hoping you'll buy more chocolate, however you can.
Tanta -
Not so sure about the cheesecake analogy. I'm pretty thin and I eat cheesecake nearly as often as I see it on a restaurant menu - but I hardly ever finish everything on the plate. Seems to me the chubby and obese eat lite cheesecake and lots of it, while the morbidly obese eat regular cheesecake and lots of it.
I have no idea what this means for your analogy, but I imagine you can draw up a far richer one using moral hazard, adverse selection, rapacious marketing by corporations and self delusion in the cheesecake/mortgage markets.
"Producer - I took Tanta's point to be that POAs should exist as a tiny slice of the market (2-3% nicheland) in equilibrium. I tend to agree, and I think the market will get back to that point in a matter of time. And probably much sooner than Sunwest would like."
Maybe that is what she thinks, but who is going to be the judge of how many are made and to who? The market certainly has adjusted and (to me) is the final arbiter, but that slice could be and well should be larger than 3 percent.
Lama - Aren't you intensely curious to see your SIL's actual mortgage documents? I think I'd want to look at them and just see where she might've misinterpreted them. Maybe even going over them with her (if she could stomach that) would prevent her from being fleeced in the future.
And Tanta - forget the stinkin' recipe. I want the cheesecake. When are you setting up your baked goods website? And since you can't see me, I'm going to say I'm very thin, so you won't need to feel guilty about selling me a toxic product.
A lot of people will sign anything for two different reasons.
First, there are a lot of people who just can't or won't process information in a logical step-by-step manner. If you give them directions, they have to be able to grasp them all at once or they're completely lost. There's no way you can grasp a loan contract all at once, so they have to rely on the person handing them the document.
Second, the general view in this society is that legal documents are incomprehensible. Not just relatively incomprehensible compared to the sports pages, but might-as-well-be-in-Attic-Greek level. If it looks like it says something in plain text in a legal document, there's something somewhere else in the document that makes it mean the exact opposite. The fact that every consumer gets inundated with deliberately confusing and unavoidable contracts all the time certainly doesn't help. So if the broker sitting there tells you something that directly contradicts what it says on the document, you'll believe him and not the piece of paper.
Could something help? Sure, increased emphasis on critical thinking and questioning authority in school. Considering the first victims of these new skills would be the authorities themselves, that's not terribly likely.
Fact is, you can't have a high cost of funds like a Countrywide and make only vanilla loans (conforming non-jumbo). Just as many Americans are addicted to credit, a lot of banks and mortgage lenders are addicted to exotic loans.
Something of a problem, how to maintain your revenue stream when your business model does not reflect market realities?
but who is going to be the judge of how many are made and to who?
It will turn out that the market is not the final arbiter, because left to its own devices the market ends up, well, it ends up just about where we are now. The government is going to be the final arbiter, and I'll bet you a big fat slice of cheesecake you aren't going to like the outcome of the arbitration...
Outsider, I will look at them this week. Between her sobbing and my head throbbing from the flu, I had no more energy.
BTW: English is her second language, so I'm not sure she would have understood everything anyway.
This is why a boiled down version needs to happen.
Maybe have 3 versions of the loan documents.
Version 1: SUPER boiled down version. (1 page or less)
Version 2: boiled down version using only layperson talk. No legal mumbo jumbo. (2-4 pages)
version 3: the legalese.
The borrower needs to sign all 3 versions. and the 3 versions need to have the same "essence".
for instance, Version 1 should seriously ONLY say:
Your loan: $XXX,XXX
Your payment: $X,XXX per month
(if an ARM)
Your payment WILL change in X years. At that time, you will still owe $XXX,XXX on your loan.
Your new payment might go as high as $X,XXX or as low as $X,XXX but NOBODY can tell you for sure.
No matter what anyone says, in X years, you might not be able to change to a new loan. In the future, if you can change to a new loan, it might not reduce your payments.
It is possible that your house might lose value.
=====
it could have stuff in there about interest, but we've already seen how people really only care about "how much is it a month"
I think I may have got a pump-n-dump email? What's your opinion?
"Get in on the ground floor!! New IPO for PMC (Potemkin Mortgage and Cheesecake). Don't miss this one!!"
Not so sure about the cheesecake analogy.
The point of the cheesecake analogy is that it is ludicrous. There are no cheesecake recipes intended for people who do not eat such things. No one believes that there are.
Yet we do not bat an eye when a broker says that the OA "is intended only for people who have at least 30% home equity, have lived in the home for three years or more and have solidly prime credit scores of 700 and up."
That is an attempt to describe someone who probably wouldn't be badly hurt by an OA. Just as people in perfect health with the right genes are highly unlikely to become morbidly obese or suffer clogged arteries by noshing on cheesecake.
Whatever that has to do with "intent" is beyond me. Of course there are lots of people who wouldn't get burned in an OA, but I find it hard to believe that most of them would take one.
Shnaps makes the interesting point that risk of heart disease is so abstract that he'd cheerfully sign the consent form for a piece of cheesecake.
I, on the other hand, know lots of people who are apparently convinced that one bite of it will cause you to fall over dead; the causal connection between the odd piece of cheesecake and premature death from heart failure is so terribly clear to these folks that they'll leave the room if you even mention egg yolks.
It does strike me as odd that people will get worked up over the risk of consuming cream cheese, but cheerfully sign mortgage documents without reading them.
Stagflationary Mark
come on stag, if you did'nt laugh at the thought of having to sit down in front of 24 agonizing hours of carlton sheetz " you can buy with no money down, dear renter" (which is the subject of your recent blog(renters)(i know cause i utilize your valuable site)(and store the data for future use) then i must determine that A) i'm not funny or B)you have no sense of humor...
so with that, i'll go back to bs'in(with another of my 70 alias's) about how many eggs are in tanta's cheesecake, while I figure out a way to avoid losing another million dollars in this crack rock credit market...
all in fu
Tanta,
Can I get some cheesecake with a Stated Health/ Stated Weight, and FTI (fat to ingestion) ratio of 55%?
And I'd like the option ARM (adipose removal management), so I don't have to exercise (until much, much later) to enjoy the American Dreamcake.
And when the reset comes, I'd like to re-fry.
Inflation is worse than I thought! Adding two more sheets of paper to the mailer is a deal breaker.
Even if the folks in the boiler room are on straight commission you'd think the costs of tying up a rep for 10 extra minutes would outweigh the cost of 2 double sided pages. Of course, I'm sure the reps will do a fine job carefully explaining the risks and won't glibly gloss over the perils.
Tanta-
Got it.
Maybe I should just leave it at that, but my point about the cheesecake analogy is that the "lite Cheesecake" is actually more often abused than "regular cheesecake" (which obviously has plenty of potential for abuse).
There's often an anchoring affect in people's behaviour. So the average slighly chubby American says, "I'm not going to eat that unhealthy cheesecake, but I'll take a gigantic portion of the healthy one". I think there are a lot of people who see friends etc. taking on huge mortgages that are obviously toxic. They then say, "I know better than to take a OA, but that HELOC looks mighty tasty!"
A free cheesecake recipe book with every new account !
A free cheesecake with every closing !
rcryan - I hear ya - those Marlboro reds are dangerous. I think a Marlboro light would be a better choice for me.
Once some sob stories start making page one, things will change. Tomorrow, Americans will be as afraid of the equity eaters as they are today of Tanta's neufchâtel. Then -and only then - do the equity eaters retreat to 3% of the market. That is, of course, assuming the redirect is guided by Adam Smith's hand - not Uncle Sam's.
Sorry to butt in Ron, but I think Tanta's point(at least as much as I can tell) is your example is why we should not offer alternative financing to people at all. It's like giving the crack addict a better crack pipe.
I don't think that was Tanta's point at all. In any case, the "problem" for the last 5-6 years was not that "alternative financing" existed (it always has in one form or another), but that caution was completely thrown to the wind and risk became a banished concept (or at least like a crazy aunt that no one talked about).
"Back in the day" (c. 2000 AD), neg-ams and I/Os existed, but they were reserved mainly for the wealthy elite and Wall-Streeters who got most of their compensation in the form of year-end commissions/bonuses. In other words, people who could understand an amortization schedule and used these loans as tools to arbitrage rates.
Nowadays, neg-ams are marketed like Big Macs to anyone with a pulse, reagrdless of risk and regardless of whether or not the borrowers have a clue as to what they're signing. And brokers don't have to worry about pesky things like default risk, all thanks to the risk-transferring "magic" of CDOs and MBSs. Outta sight, outta mind, and where's my commission check?
But you're right, Producer, Tanta probably hates capitalism and freedom and children and little puppy dogs, too.
BTW: English is her second language, so I'm not sure she would have understood everything anyway.
That's probably a huge BTW. Well, please get back to us if you find anything fishy with those docs. It would be intersting to know.
I want the cheesecake but I want the rest of this party, too. I keep paying my mortgage, keep credit card balances low-to-nil. Lost my job and became a job nomad 3 states over but still paying the mortgage "back home." Perhaps one of these OAs with a side of the cake and a party hat atop my head will allow me to catch up with your sharpies.
Gee, Tanta, could your cheesecake analogy be any clearer?
Here's your recipe
INGREDIENTS:
1 1/2 cups all-purpose flour
1/3 cup white sugar
1 egg, beaten
1/2 cup butter, softened
2 1/2 pounds cream cheese,
softened 1 3/4 cups white sugar
3 tablespoons all-purpose flour
5 eggs
2 egg yolks
1/4 cup heavy whipping cream
DIRECTIONS:
1. Preheat oven to 400 degrees F (200 degrees C). Lightly coat a 10 inch springform pan with spray oil. Note: You could use a 9x13 inch pan instead.
2. To make the crust: Combine 1 1/2 cups flour, 1/3 cup sugar, 1 egg and 1/2 cup butter or margarine. Spread to the edges of the pan. Prick all over with a fork, then bake 15 minutes at 400 degrees F (200 degrees C). Allow to cool.
3. Increase oven temperature to 475 degrees F (245 degrees C). In a large bowl, combine cream cheese, 1 3/4 cups sugar, 3 tablespoons flour, 5 eggs and the yolks and mix thoroughly. Add cream and mix only enough to blend.
4. Pour filling over crust and bake for 10 minutes at 475 degrees F (245 degrees C). Reduce temperature to 200 degrees F (95 degrees C) and continue to bake for one hour. Turn oven off, but leave cake in for another hour. Don't worry if it looks a little jiggly in the center.
5. Chill overnight. This is imperative! If desired, top with your favorite fruit or serve plain.
re: Money/Newport Beach
I agree w/above posters that many folks are overextended. On a recent background check the person screening my info was incredulous that we only had mortgage debt "no ATVs or other toys? no credit card loans? no car loan?". My wife still gets mad at me from time to time b/c I slip extra money into our mortgage principal.
Granted we are upper 15% LA County income tier, but we live cheap except for our mortgage- Toyota rules
InlandEmpire
Sorry to butt in Ron, but I think Tanta's point(at least as much as I can tell) is your example is why we should not offer alternative financing to people at all. It's like giving the crack addict a better crack pipe. Of course, maybe you agree. I do not. There is a huge difference between my going out and finding my first crack dealer and getting addicted because I decided that it was a good idea and the crack dealer showing up at my house and talking me into trying it for the first time.
Thanks!
"neg-ams and I/Os existed, but they were reserved mainly for the wealthy elite and Wall-Streeters who got most of their compensation in the form of year-end commissions/bonuses. In other words, people who could understand an amortization schedule and used these loans as tools to arbitrage rates."
No, they were not. The first neg am loan was marketed to average Joe borrowers not Wall Streeters. Besides, according to Tanta's logic, the Wall Streeters would be too smart to accept such a hideous loan anyway. Futhermore, what does compensation cycles have to do with people making the right choices?
"people who could understand an amortization schedule and used these loans as tools to arbitrage rates."
It takes an MBA to understand an amortization schedule?
Ok, so you are the elitist and Tanta remains the uninformed.
Anyway, the fix is in the works. If bankruptcy law is changed to discharge owner occupied mortgages like any other secured debt, the holders of the money will get a lot less reckless with how they lend it out.
Wachovia reorganizes general bank, cuts CEOs
Page expired - MSN Money
Couldn't happen to a bunch of nicer guys
It takes an MBA to understand an amortization schedule?
No, but it might take one (plus a law degree) to understand a fraction of the fine print buried in your average loan packet.
I'll leave it to Tanta and CR to school Producer in the pre-bubble history of I/O and neg-am loans, as they are industry insiders and far more qualified to comment (hint: they were not being mass marketed to Joe & Jane Howmuchamonth prior to the MBS/CDO risk-offloading "miracle" and Greenspan's 1%).
Regarding "elitism", if being in favor of matching risk with reward (i.e., forcing toxic paper-pushers to eat their own shit vs. socializing risk via Fannie/Freddie or some other government bailout), I guess I qualify as "elitist" then. Ditto for being in favor of laws that discourage fraud and aim to protect consumers from outright usury.
I guess I "hate" Wall Street's "freedom" to financially rape my neighbors, friends and co-workers without any nasty government "interference" in that lovely level-playing field "free-market" process. But I'm just "elitist" that way.
Who is Tranches of Love? Is that you, Tanta? Because I want to know if your blessing is behind that recipe.
No I'm not Tanta, but it is a very good recipe
HARM: "I guess I "hate" Wall Street's "freedom" to financially rape my neighbors, friends and co-workers without any nasty government "interference" in that lovely level-playing field "free-market" process."
Come on! Next you're going to tell me the Fed runs a secret behind-closed-doors cost-of-funds price-fixing scheme on behalf of hyper-fortunate insiders who gather obscene fees lending the new credit that waters down the value of all outstanding dollars, and that the former executives from GS have crossed the bridge (to heck with the revolving-door metaphor) from Wall Street to Washington, the ECB, the World Bank, etc.
.
Is that you, Tanta? Because I want to know if your blessing is behind that recipe.
No, that's not my recipe. Do you really want mine?
It's similar to tranches', except I use lemon juice, no flour in the cake, and a graham cracker crust.
@David Sternfeld,
Nahhh... that would be pure tinfoil-hat conspiracy wingnut crazy-talk
.
"I'll leave it to Tanta and CR to school Producer in the pre-bubble history of I/O and neg-am loans, as they are industry insiders and far more qualified to comment (hint: they were not being mass marketed to Joe & Jane Howmuchamonth prior to the MBS/CDO risk-offloading "miracle" and Greenspan's 1%)."
Schools out Bud... I was at the firm that originated the first neg am loan -- called the CAMP -- and Home Savings came out with theirs soon after. It was a Savings and Loan dominated world then...
"Regarding "elitism", if being in favor of matching risk with reward (i.e., forcing toxic paper-pushers to eat their own shit vs. socializing risk via Fannie/Freddie or some other government bailout), I guess I qualify as "elitist" then. Ditto for being in favor of laws that discourage fraud and aim to protect consumers from outright usury."
Not sure what this babble was intended for but the term was meant to address your comment that POAs were only for Wall Streeters and "well heeled" types.
"I guess I "hate" Wall Street's "freedom" to financially rape my neighbors, friends and co-workers without any nasty government "interference" in that lovely level-playing field "free-market" process."
Of course your neighbors, frineds and co-workers are a bunch of loons who would otherwise need a MBA to ensure they could add a margin to an index, and only the governement, that shrine to purity of motive and goodwill, can help them make their decisions for them...
Of course your neighbors, frineds and co-workers are a bunch of loons who would otherwise need a MBA to ensure they could add a margin to an index, and only the governement, that shrine to purity of motive and goodwill, can help them make their decisions for them...
@Producer,
Loons? No. Occasionally irresponsible, functionally innumerate, and easily manipulated by slick self-serving industry con-men (like 90+% of the American public)? Yes.
The government may be no paragon of virtue or shrine to goodwill as you so poetically put it, but as the old saying goes: "Capitalism is not supposed to be two wolves and a sheep voting on what's for dinner."
I haven't seen much in the way of government "regulation" in mortgage markets over the past decade. Stockbrokers must act as fiduciaries, take exams, comply with SOX, and can even lose their license over relatively small infractions. By contrast, independent mortgage brokers seem to be able to say, do and peddle pretty much whatever they want with virtual impunity.
There are many freedoms that I treasure and would fight to defend. The right to hang myself with a toxic loan and get gang-raped by Wall Street is not among them.
"Loons? No. Occasionally irresponsible, functionally innumerate, and easily manipulated by slick self-serving industry con-men (like 90+% of the American public)? Yes."
bet they love to hear that...of course you are a bit smarter than all the rest, right?
I agree with you on mortgage broker accountability although they generally must take exams, provide fiduciary service and can lose their license if found guilty of fraud...and the aforementioned requirements/responsibilities for SBs really haven't made that industry any more trustful.
The one thing that would help the mortgage side is a federal licensing act..
I will gladly pay you Tuesday for a hamburger today.
-Wimpy
Producer - well I guess it might be kinda fun to see a mortgage flak join this discussion board. Altho, this ain't no typical blog and this ain't no typical board. To wit:
provide fiduciary service
False! Brokers and the MBA have vigorously opposed any attempt to impose fiduciary obligations. I should know. I'm a traditional banker that has fought many long years to shut down our "wholesale channel." Mortgage brokers add no value and literally could be legislated out of existence at no harm to the house buying public.
I feel confident asserting that I know more about OAs than anyone here -- about their current performance, about the characteristics of the borrowers in every vintage over the last 4 years. The runup in OAs has purely been an affordability play, when short-sighted "buyers" got caught up in the frenzy only to ask, a la car leases, how much can i get for how little monthly payment.
The OA time bomb is set to go off in '08. Getting an OA in a flat yield curve market is pure idiocy.
"False! Brokers and the MBA have vigorously opposed any attempt to impose fiduciary obligations. I should know. I'm a traditional banker that has fought many long years to shut down our "wholesale channel." Mortgage brokers add no value and literally could be legislated out of existence at no harm to the house buying public."
Some expert you are. Since mortgage brokers are licensed by their state not by the MBA or NAMB, it does not make any difference what the organizations say, only what the state licensing entities require. In California for instance, the MB has the same license as real estate agents so the fiduciary language applies. That said, who here things real estate agents are any better at that?
"Mortgage brokers add no value and literally could be legislated out of existence at no harm to the house buying public."
Perhaps, but these no value entities have out produced the likes of you for 15 years....but yea, I know, they were just fooling poor suckers who did not know any better...
Just wondering, would the Los Angeles chapter of the NAMB (National Association of Mortgage Brokers) be called "NAMBLA"?