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Accountability

I'm not normally a big fan of finger pointing. It generally seems more important to me to solve the problem. But I'm troubled that I'm not seeing much personal accountability in this whole mortgage market mess.

Sure, we've seen plenty of mortgage companies go belly up. And there are no doubt more to come.

But there were individuals pushing these mortgages, often with encouragement or even direction to do so from the top. There were clearly many instances of out right fraud with lenders deliberately misleading borrowers about the terms and conditions of the loans they were getting.

And, yes, the consumer is responsible for reading the fine print and knowing what they were signing. And many of them are going to suffer serious consequences for their failures there. But what about the lenders who led them down the garden path? I'm not hearing any stories about individuals being fired for what they did. I'm not hearing about government investigations and charges being filed. Strangely enough, I'm not even hearing about law suits being filed. (How unAmerican!)

Maybe it's too early in the cycle yet. Maybe all that will still show up some months down the road as this mess plays itself out.

Personally, I'm hoping some of these guys get run out of town on a rail and are never heard from again! Maybe real estate and mortgage company offices ought to have a bulletin board of bad guys like they do at the post office?

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re: Accountability

Posted by: Julie Emery
Date: Aug. 27, 2007

Jason Brady comments via e-mail:

I just read your blog on accountability in the mortgage industry and agree with it. But, being on the other side of the fence, have a slightly different view.

Being on the retail side of it, I did not have any say in what products were offered. What control I did have was over what loans I took, or tried to push through underwriting that may have been shaky.

While many RE Agents are quick to point the finger at the lenders, I (respectfully of course!) point it back at many (there are good lenders and good agents, and bad lenders and bad agents) of them. I couldn't begin to tell you the number of times I looked at a deal, knew it was not in the best interest of the clients, that even though I could probably push it through underwriting, declined to take it. The agent would be furious and would tell me in detail the 75 other lenders who would do the deal and how I would lose their business and so on and so on. Many of them came back 2 hours later with an approval letter from the other lender and rubbed it in my face.

They new what they were doing, and knew the clients situation. In many cases, I would approve someone for the max they could qualify for, say $300,000 and the next thing I know, there would be a ratified contract on my desk for $335,000 b/c they had to escalate to get the deal. Why is escalating over what someone can afford in their best interest?

I have approved people for a certain dollar amount, again say $300,000.

They look for property and get out bid 10 times and then come back and say "Jason, you have to approve them for $375,000." "No can do, they make $40,000/year and are doing 100% financing." The next thing I hear from the agent is that so and so qualified for them for $400,000 and

they are closing next week. Six month's later, the first loan

adjustment takes place and that client calls me, not the person who finally did their loan, but me, to refinance them into something they can afford. "Sorry, couldn't approve you for $400,000 then, can't now.

Call back your agent and have them list your house."

I guess what I am saying, is we are all in this together. Divide and conquer eh? I hope it's not coming to that.

Anyway, I hope I didn't offend you as a real estate agent but being the straight shooter I know you are, I don't think I did... I purposely didn't post this as a comment on your blog b/c it could be taken as mean spirited or name calling, but I would love to hear your thoughts. Am I totally off track?

 

Having now worked for institutional lenders(Prosperity/Wells) and Portfolio lenders, there is a night and day difference in how I as a lender underwrite deals. The fact that twice a month we have a officer's meeting were the past due list is distributed and every time there is a loan with my initials next to the big boss wants an explanation makes you think about who you are lending to. You are pretty much married to that loan customer until you or they leave the bank. It makes for better lending practices in a sense. You are looking just to close the deal and move on to the next.


re: Accountability

Posted by: Julie Emery
Date: Aug. 27, 2007

Jason,

You make a number of excellent points. Lest anyone should think that real estate agents were blameless in this, definitely not true! There were good lenders trying to look after their clients and bad agents only worried about their own paychecks. It works both ways.

What I don't think we've seen yet is how we're going to keep this from happening again. The more I see the more I wonder about the wisdom of lenders and real estate agents being paid entirely on commission. I think it drove a lot of the bad behavior we saw. That's not an excuse. There were good people who surely would have liked to make more money and still acted ethically and in their clients best interests. There just weren't enough of them and too many of the bad eggs!

Julie


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