UPDATE 1-Senate votes to bar mortgage kickbacks, liar loans

Wed May 12, 2010 10:51am EDT

(Adds background, detail)

WASHINGTON May 12 (Reuters) - The U.S. Senate on Wednesday voted to end mortgage kickbacks and so-called "liar loans," two lending practices that played a role in the meltdown of the subprime mortgage market.

By a 63-36 vote, the Senate adopted a measure that would prohibit mortgage lenders from offering incentives to brokers who steer customers into more-expensive loans.

The amendment, which was added to a sweeping rewrite of financial regulations, also would end "liar loans" by requiring lenders to verify that borrowers have enough income to repay their mortgages.

Both practices led to a proliferation of shaky mortgages in the years before the subprime meltdown, which led to the worst recession in 70 years.

Liar loans allowed consumers to qualify for loans that they could not possibly repay. In exchange for a slightly higher interest rate, borrowers could opt to simply state their income or other assets rather than waiting for lenders to verify them.

Such incentives, known as "yield spread premiums," averaged nearly $1,900 per transaction and could be found in 85 percent to 90 percent of all loans originated by brokers in the years before the subprime crisis, according to a Harvard University study.

Some borrowers were steered into risky, high-interest subprime loans even if their credit was good. BasePoint Analytics, a company that moitors real-estate fraud, estimates that 14 percent of subprime borrowers could have qualified for a regular loan with more favorable terms.

(Reporting by Andy Sullivan; Editing by Bill Trott)

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Comments (2)
schnauzer2 wrote:
I remember reading in the paper about a women who took out a mortgage that had $3800/month payments and was surprised when she had to default. Afterall her gross salary was $52,000 a year. Her complaint was that the mortgage agent shouldn’t have approved it so its not her fault. Loan originators get all the benefits of commission when they start a new mortgage, but never get any negative occurences when the loans default. Even for reasons like this.

May 12, 2010 12:18pm EDT  --  Report as abuse
GetRealsoon wrote:
Yes they should’nt of have approved it. The income had to be falsified in order for approval. The lenders refuse to release financials. The broker says your signed income statement is on file with the Title Company. And the Title Company has nothing on file to show. So you can’t obtain any proof of fraud and they are allowed to make up statements as to no documentation loans which were also lies. There’s nothing you can do but to become homeless.

May 13, 2010 7:01pm EDT  --  Report as abuse
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