California Legislature Reaches Compromise on Subprime Reform Bill

The L.A. Times reports that the California has reached a compromise with consumer and lending groups on a bill that would guard against some of the practices that contributed to the subprime crisis. The bill, an amended version of AB 1830 introduced by Assemblyman Ted Lieu (D-Torrance), contains measures that would bar pick-a-payment loans to subprime borrowers, limit the size and duration of prepayment penalties on subprime loans and prohibit brokers from steering subprime borrowers into costlier loans than they qualified for. The bill would also forbid lenders from paying brokers more when they persuaded people to take loans with prepayment penalties or higher interest rates, an issue that has come up in state suits against Countrywide, among others. The measure also increases access to the courts for victims of predatory lending by allowing California regulators to enforce both federal lending laws and state rules.

While the bill does address some of the abusive practices that encouraged volume lending and lax underwriting, there is still much work to be done. For one, while the bill includes a provision that would require mortgage brokers to place their customers’ financial interests ahead of their own for all lending, the bill focuses primarily on subprime loans. While this category of loans has received the most attention in the media as the harbinger of the current credit crisis, the problems by no means are limited to these loans. As we have seen, the delinquency and foreclosure rates among so-called Alt-A loans have skyrocketed (for reports regarding this category of loans, see here and here), and I expect to see major problems with this and other categories of non-subprime loans down the road.

Moreover, there is good reason to think that these abusive lending practices have not been limited to residential home mortgages alone. In an interesting profile by the New York Times of Nouriel Roubini, who predicted the current subprime crises back in 2006, Roubini opines that:

“Reckless people have deluded themselves that this was a subprime crisis… But we have problems with credit-card debt, student-loan debt, auto loans, commercial real estate loans, home-equity loans, corporate debt and loans that financed leveraged buyouts.” All of these forms of debt, he argues, suffer from some or all of the same traits that first surfaced in the housing market: shoddy underwriting, securitization, negligence on the part of the credit-rating agencies and lax government oversight. “We have a subprime financial system,” he said, “not a subprime mortgage market.”

Though Roubini has been criticized as an eternal pessimist, he has been largely vindicated by his numerous accurate predictions regarding the U.S. housing and financial markets. Plus, his reasoning makes sense: given an environment where lax underwriting was encouraged and responsibility was passed off to the next buyer in a securitization chain, there’s no reason to think that lenders were incentivized to care whether borrowers were actually capable of repaying their loans. And by no means are the abuses limited to lenders or banks; the borrowers themselves have been responsible for a significant amount of reckless or fraudulent borrowing which must be curtailed through improved financial education and legal reform. Though AB 1830 is a good start, it will take a much broader overhaul of the entire credit system to address the fact that Americans as a whole are staggering under the weight of their debts.

Posted in Alt-A, broader credit crisis, Countrywide, education, incentives, legislation, lenders, predatory lending, ratings agencies, subprime | Leave a comment

Connecticut Suit Against Countrywide Available

Rachel Dollar of the Mortgage Fraud Blog has posted the Complaint filed by Connecticut Attorney General Richard Blumenthal. You can view the document here.

Many thanks to Ms. Dollar for her diligence in following these developments in subprime litigation.

Posted in Attorneys General, Complaints, Countrywide, lenders, litigation, subprime | Leave a comment

Connecticut the Latest to File Suit Against Countrywide

CNN reports that Connecticut Attorney General Richard Blumenthal has filed suit in Hartford Superior Court today against Countrywide, becoming the fourth state (after California, Florida, and Illinois) to sue what was once the nation’s largest mortgage originator over its lending practices. The City of San Diego has also filed an action against the lender. These suits seek restitution to borrowers who lost their homes or paid excessive fees. The article quotes Blumenthal as saying Countrywide “bullied” defaulted homeowners into repayment plans known as “workouts” with excessive fees that they could not overcome. “Countrywide stacked the deck and the deal against its customers,” Blumenthal said. “Our goal is to unstack the deck and undo the deals, restoring fairness and fiscal sense to mortgages.”

Shares of BofA, which acquired Countrywide earlier this year, slid 7.2% upon the news (see here), as investors feared that legal settlements stemming from this and other actions could make the acquisition even costlier. In addition to these and other lawsuits, Countrywide faces a litany of other problems, including scrutiny by federal authorities, a federal grand jury fraud investigation that also involves New Century Financial Corp. and IndyMac Bancorp Inc., and a discriminatory and predatory lending action by Washington state seeking to revoke Countrywide’s license and impose a $1 million penalty for predatory lending practices.

Posted in Countrywide, discriminatory lending, investigations, predatory lending, subprime | Leave a comment

Major Ruling on Borrower Class Actions on the Way

The Washington Post published this article today about the Seventh Circuit Court of Appeals’ impending decision on whether homeowners can bring class action lawsuits against lenders to cancel predatory, misleading, or defective loans. The case was brought by a Wisconsin couple against Chevy Chase bank.

Given the rise in the incidence of predatory or manipulative lending practices over the past few years (as brought to light in cases such as People v. Countrywide, filed in Los Angeles County), this case could have a significant impact on Wall Street and the major banks. While the ruling will not change borrowers’ eligibility for relief, it will determine whether borrowers can band together to bring class action lawsuits. As it has up to now proven prohibitively expensive for most individuals to initiate and pursue these cases, the ruling could open the doors to relief for hundreds of thousands of homeowners. Chevy Chase bank alone has estimated that 7,000 of its borrowers have received loans from the bank similar to that of the Wisconsin plaintiffs.

Posted in appeals, class actions, predatory lending | Leave a comment

SEC Requests Subprime Mortgage Docs from National City

From a story published in the Louisville Courier-Journal:
“The Securities and Exchange Commission (SEC) has requested documents from National City Corp. relating to the sale of its former subprime mortgage unit and other matters as part of an informal probe, the regional bank revealed Friday in a regulatory filing…

National City spokeswoman Kelly Wagner Amen would not comment on the nature of the probe or whether it would financially affect the company. But she did say it would not impact customer accounts, and that the SEC has not said that National City has acted improperly or illegally. National City said it intends to cooperate with the SEC…

Merrill Lynch & Co. agreed to acquire First Franklin for $1.3 billion at the height of the real estate boom in late 2006. But the collapse of the subprime mortgage market and the deterioration of the credit market led Merrill to announce in March that it would stop funding loans at the unit and pursue a sale of the business.”

We are likely to see a lot more of this back-and-forth between banks and the SEC or other regulators as banks attempt to cabin their losses from the subprime crisis and regulators try to ensure accountability.

Posted in acquisitions, banks, probes, SEC, subprime | Leave a comment