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Predatory, subprime, improvident? The mortgage industry is kicking
around big words these days as foreclosures come
home to roost in your neighborhood, on the next block, or maybe even
in the house next door. -
Predatory lending is the criminal activity that we have become
so familiar with from headlines and news reports. The lender seeks
out a certain kind of homeowner -- an elderly or disabled person
-- and then coerces him or her into signing a complex document that
in not too long a time means they will lose their house.
"The predatory practices of the mortgage brokering
industry were designed in many ways to rip people's
equity out of their homes," says Thomas P. FitzGibbon
Jr., executive vice president of MB Financial Bank,
Rosemont. He's also an adjunct professor of finance
at DePaul University in the Real Estate Center.
Subprime lending had an honest beginning that
has changed over the past six years.
"Subprime lending was lending to the doctors
and the lawyers, people who had tremendous upside
income potential," says Robin Coffey at Harris
Bank. "Sometime between 1998 and 2000 that changed,
and it literally became getting a loan with no
documentation and getting a loan without any income
at all."
Subprime mortgages carry a higher interest cost,
often with a lower initial monthly payment that
balloons after a period of time.
Improvident lending is a unique combination of
the two that has brought us these most interesting
times. "Improvident lending is defined as
putting people into an inappropriately designed
mortgage product that creates a failure scenario," FitzGibbon
says. "This is the debate that is going on in the
whole industry -- whether there is a responsibility
of the lenders and their broker partners to insure
that the product that is being used is suitable."
The Wall Street Journal reports that some states,
including Ohio and Pennsylvania, are calling on
mortgage lenders and brokers to do their best to
put borrowers in loans that they are able to repay.
And last week, federal banking regulators proposed
guidelines for lenders who issue adjustable-rate
mortgages to subprime borrowers.
Mortgage brokers, obviously, don't want any regulation,
saying it would make providing mortgages too costly.
We mustn't forget the uproar here in Illinois over
HB 4050.
Buying a house or a condo is among the murkiest
of transactions, with brokers representing the
buyer and seller, appraisers, home inspectors,
lawyers and others all showing up at the table
in a compressed period of time to sign an incredibly
thick and complex stack of legal agreements. But
in recent years, the presence and behavior of some
mortgage brokers has made the transaction even
murkier.
There is too much at stake for homeowners and
for the health of our neighborhoods for anything
less than transparency.
"In the equities business, If I call on you as
a stockbroker I would have to do a suitability
profile on you," Fitzgibbon says. "There are some
basic principles that could be put on you to do
that."
"There is a lot of push back [from the mortgage
industry]. Maybe because suitability, like predatory
lending, is in the eye of the beholder," FitzGibbon
said.
sduros@suntimes.com
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