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| February 10, 2012 |
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by Peter G. Miller
Peter G. Miller
The question of who should make mortgages is moving back into the news, a
subject which may mean thousands of dollars in loan savings for individual
borrowers.
On one side of the debate we have lenders of every size, while on the other we
have government-sponsored enterprises, so-called "GSEs" such as Fannie Mae and Freddie Mac.
The way the system now works lenders "originate" mortgages. That means when you
need a loan you turn to a local lender or a lender online, and that company
finds the loan program which works best for you, processes the loan, and
provides a check at closing.
However, because lenders only have so much money they usually sell some or all
of the loans they create. For example, if Main Street Mortgage has $3 million
in cash and makes 30 loans of $100,000, the company is out of money (30 x
$100,000 = $3,000,000) and out of business unless it can come up with
additional cash.
Where can Main Street get new capital? It can sell an asset -- the loans it has
originated -- to such buyers as Fannie Mae and Freddie Mac. Where do Fannie and
Freddie get the money to buy those local loans? From Wall Street investors who
buy mortgage-backed bonds and securities.
So far it looks as though we really have nothing more complex than local
retailers and big wholesalers -- the kind of arrangement found in many
industries. But there are a few catches.
Local lenders pay taxes at the local, state, and federal levels, and if they
sell stock they also have to register shares with the Securities and Exchange Commission. Fannie and Freddie
do not pay state and local taxes, and they do not have to register stock with
the SEC -- a benefit which may save the companies as much as $500 million a
year.
The looming problem is not who makes loans today, but who will make loans
tomorrow. So far, Fannie Mae and Freddie Mac make no loans directly to the
public, but lenders worry that with the Internet that may change.
Lenders -- like local bookstores and travel agents -- sell a "fungible"
product; that is, for many borrowers (but not all) one loan is like another
loan. If you need an FHA loan, that loan is the same whether it comes from an
online lender, a lender down the street, or a lender across the country. And it
follows that if all FHA loans within a given program are the same, then the
issue for consumers is price and not whether the loan comes from one lender or
another.
Lenders worry that they will largely disappear if we take the efficiencies of
the Internet and combine them with the size and advantages of Fannie Mae and
Freddie Mac. The result is that lenders have cobbled together a coalition
called FM Watch to assure that Fannie and
Freddie do not enter the consumer marketplace directly.
The debate is being framed in terms of who should benefit from the efficiencies
and advantages enjoyed by Fannie and Freddie --shareholders, borrowers, or tax
collectors.
Ralph Nader, for example, argues that Fannie and Freddie shareholders are
receiving too much benefit for too little risk.
"The Congressional Budget Office (CBO) conducted an extensive study of Fannie
and Freddie," Nader
testified before the House Budget Committee in June.
"CBO estimated that the credit enhancement stemming from the government links
was at least $6.5 billion in 1995. According to CBO, Fannie and Freddie pass
only part of that subsidy on to home buyers -- about $4.4 billion -- with the
remainder of the credit enhancement subsidy pocketed by private shareholders,
the corporations' executives and lobbyists. In other words, for every $2
delivered to home buyers, Fannie and Freddie take $l of the subsidy for
themselves."
But Fannie and Freddie argue that what they do results in lower loan costs,
costs that would be threatened if the companies are subject to higher taxes.
For instance, one idea has been to tax the investment portfolios held by each
company. But Frank Raines, Fannie Mae's chairman and CEO, points out that merely
by increasing mortgage costs by as little as .25 percent in fees and taxes
would price out as many as 400,000 prospective home buyers.
So far Fannie and Freddie have successfully defended their territory, and
lenders have defended their turf as well. There are no new taxes on GSEs and
Fannie and Freddie are not offering loans directly to consumers. But in any
debate where hundreds of billions of dollars are at stake, you can safely bet
that the discussion is far from over.
No less important, it may be that Fannie, Freddie, and local lenders are all at
risk in the new Internet era. The Web makes all lenders "local," and online
lenders have shown that mortgages by modem are both practical and competitive.
If in the future we find an online lender who both makes mortgages and sells
securities on Wall Street, then mortgage costs may be forced down and the home
financing landscape will be entirely changed.
Question Of The Week
Q: A friend and I jointly own a home. She wants to
sell the property, I want to keep it, and our ownership agreement gives either
party the right to sell the property. What can I do to stop the sale?
A: If the ownership agreement says either party can
require the sale of the property, then the matter appears to be decided in
advance.
You have a situation where one party wants to sell and one party wants to hold.
But does it matter who buys?
You already have an interest in the property. When the property is sold, you
and your co-owner will each get a portion of the sale benefits. If you have an
idea of the property's value then you know what each ownership portion is
worth.
So, rather than sell in the open market, ask your partner if she would consider
a selling her interest to you at a fair market price. If you and your co-owner
disagree as to the cost of the property, then have an appraiser provide a
valuation.
If the property is now financed, then a change in ownership may require either
a release from the current lender or new financing.
For specifics, please see an attorney who specializes in realty matters.
Weekly Resource
There's no shortage of Internet hoaxes -- including such gems as "Internet
Clean-Up Day" and various company "give-aways." A good place to check out
what's real and what's not can be found on the anti-hoax site maintained by the
Department of Energy.
Mr. Miller welcomes your questions, comments, and news releases. All correspondence shall become the property of Mr. Miller upon receipt. He can be reached by e-mail at OurBroker. Published: August 10, 1999 Use of this article without permission is a violation of federal copyright laws. Related Articles: Editor's Note: This article reflects the opinions of Peter G. Miller only and not necessarily the views of this or any other publication, organization or Website owner. |
Real Estate News Network
Today's Real Estate Outlook
Mortgage Rates
30 Year Fixed: 3.87% 15 Year Fixed: 3.16% 1 Year Adj: 2.78% (U.S. Weekly Averages) Today's Headlines 08/10/1999 12:00:00 AM
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