The Qualified Mortgage Rule to restore Good Lending Practices destroyed by Government

Posted by PITHOCRATES - October 26th, 2013

Week in Review

Fannie Mae and Freddie Mac were largely responsible for the subprime mortgage crisis.  Because they removed risk from lenders, allowing them to sell more risky mortgages.  Something lenders wouldn’t have done if they had to carry the risk of these loans.  But once they could sell those risky loans to Fannie Mae and Freddie Mac what did they care?  So they earned their money with loan origination fees.  Not by servicing these loans.  As had been the tradition in the lending industry until the government intervened to stimulate the housing market.  Which they did.  By putting people who couldn’t afford houses into houses.  Giving us the subprime mortgage crisis.

Fannie and Freddie are still active.  In particular helping rich people who can take advantage of the Federal Reserve’s quantitative easing.  Who are the only people doing well as median household income falls in the worst economic recovery since that following the Great Depression (see US extends backing for higher-priced mortgages by Diana Olick posted 10/24/2013 on CNBC).

Federal regulators will allow Fannie Mae and Freddie Mac to continue funding higher-priced mortgages, at least through the middle of next year. President Barack Obama had called on the Federal Housing Finance Agency, the conservator of the two mortgage giants since September 2008, to lower the limits by the end of this year in order to shrink their role in the market. FHFA acting director Ed DeMarco, however, said the timing is not right just yet.

“We are not making a change there in the immediate term,” DeMarco told reporters. “I recognize and understand that the industry is very busy right now making implementation of other regulations that take effect the first of next year, and that’s enough.”

DeMarco is referring to new mortgage regulations from the Consumer Financial Protection Bureau, requiring lenders to prove a borrower has the ability to repay a loan. The so-called “Qualified Mortgage rule,” goes into effect Jan. 1, and lenders are scrambling to make sure they will be in compliance with all its requirements.

The Qualified Mortgage rule?  You know what we used to have before we had to have the Qualified Mortgage rule?  Good lending practices.  Where lenders carried their loans on their balance sheets.  And serviced those loans.  Holding on to all the risk from their lending decisions.  Which prevented them from making loans to unqualified applicants.  The way a good banking system should operate.  The way it was before the government destroyed it with their manipulation of interest rates.

Now the government wants to do what it was doing before the subprime mortgage crisis.  Putting as many people into homes who can’t afford them.  Only this time they’ve added a law to prevent lenders from qualifying the unqualified.  Even while the government is pressuring them to do so.  Just like Bill Clinton did with his Policy Statement on Discrimination in Lending that kicked off subprime lending in earnest to qualify the unqualified.  Because the Clinton administration called any denials of loans to the poor/minorities as discriminatory lending practices.  Of course, back then lenders had only good lending practices to hang their hat on.  Now they have a law to use to defend themselves against charges of discriminatory lending practices.  Which basically takes the lending industry back to where it was before the government destroyed it and gave us the subprime mortgage crisis.  Things would have been a whole lot easier and less costly if the government had just stayed out of it in the first place.

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