| October 4, 2006 |
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The recent federal effort to curtail nontraditional mortgages is a good start addressing the potential risk of easy mortgage money. However, more consumers who shop the subprime market, where predatory lenders prey, could also use an extra regulatory assist, according to a consumer credit and finance advocate. "Federal financial regulators took a step toward making the mortgage market safer for borrowers today," said Michael D. Calhoun, president of the Center for Responsible Lending, "although there is much more to do." Calhoun was referring to the final rules for "Interagency Guidance on Nontraditional Mortgage Products" and "Credit Risk Management Guidance For Home Equity Lending," designed to curtail the rise in the risky business of so-called "nontraditional" mortgages. The rules for interest-only, payment-option, piggy-back, stated-income (no-doc) and other types of adjustable rate mortgages (ARMs), as well as some home equity and other home loans, apply only to federally-insured lenders. Federal rules will be made available to state regulators and Responsible Lending hopes there will be much trickle-down impact on subprime loans and other risky loans not specifically covered by the rule, because so many subprime loans are made by lenders that are not federally regulated. "It does not apply to state-regulated mortgage companies that make loans but don't take deposits. Almost 60 percent of the loans in the sub-prime market, where people of modest means and with weaker credit ratings borrow, are not subject to scrutiny by the federal regulators issuing these guidelines today," according to Responsible Lending. Subprime lending rules were addressed most recently in the "Interagency Guidance on Subprime Lending, March 1, 1999" and "Expanded Guidance for Subprime Lending Programs, January 31, 2001" according to the final "Interagency Guidance" for nontraditional loans. Both nontraditional prime loans and subprime loans give different sets of consumers the opportunity to buy a home or purchase a larger home or both, opportunities that otherwise may have been out of reach. However, the loans can come with complicated terms that add cost or risk or both to the prospect of owning a home. Responsible Lending is particularly concerned about subprime loans used in a predatory manner to target those who are both unable to repay them and unaware they are biting off more than they can chew because of limited disclosures and outright fraud. "Regulators should expand their scrutiny to a much broader piece of the mortgage market -- the more conventional subprime adjustable rate mortgages, or ARMs, whose monthly payments can also sharply rise. They are known as 'exploding ARMs' and like the negatively amortizing loans, lenders have pushed them on borrowers by flourishing low, introductory 'teaser' rates that will sharply rise," says Calhoun. Responsible Lending says consumers must remain vigilant about avoiding predatory lending tactics and the organization offers these red flags to that end.
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