Where have ethics and morals gone in America? This is certainly a generalization as I know most of you reading this DO have ethics and a good moral compass. But then there are those people who don’t. Those people who “stated” income to get into a loan WAY above their means. Those people who falsified bank statements or W2s or even took another person’s social security number to get a loan. Those LOAN OFFICERS that suggested these things, suggested doing a 2-year ARM because they can sell in a few years, suggested the amount of income the borrower “needs” to qualify or suggested a way around the system. Now, due to this, we’re required to be licensed. Woohoo … I am sure that will stop people from advising inappropriately. And speaking of licenses, I officially passed the national exam — so be assured, I am “allowed” to originate loans. Gosh, I hope so after 16 years of doing this
By the way, this is a long time coming and something I have supported. Stock brokers are licensed, as are Realtors. Why we haven’t been is beyond me.
Did I do stated income loans? Sure, I did a handful of them — literally less than five. That’s a very small amount. Did the people I work with falsify anything? I have no idea and don’t care to know. In the instances I can remember, I dealt with self-employed people who made WAY more than what they did on paper, ie federal taxes. The nice benefit of being self-employed is the write-offs. As lenders, we appear to penalize them for this. To some extent we do, but if you tell the IRS you’re making $40K after expenses, but you brought in $100K, then that’s the income — $40K. It’s a catch-22 for people who are self-employed. That’s why a stated income program worked. They’re now illegal in Minnesota and I would be hard-pressed to find a lender willing to do one. And I get it. Too many loan officers “coached” their clients. It’s wrong and it’s caused a world of hurt for the rest of us.
So here we are, in a huge financial crisis and the government is helping people in the above situations “modify” their loans so they can stay in their home. Don’t get me wrong. There are thousands of people who were “duped” into certain loan programs with the promise that their credit will improve in 2 years and they could refinance. This would have been sound advice if the market didn’t tank and values of homes hadn’t dropped. Now, these people can’t refi AND now can’t make a payment that has possibly doubled. How can you blame them? They were told about the best case scenario. This bugs me, as you can see.
I am a worry wart — don’t want people upset at me or to come back and say “you told me” and have them in a tizzy over advice I gave. A few years ago it was practically a requirement to buy a new home NOT contingent on the sale of your old home. As lenders, we had to count the debt of the OLD house and the NEW house for qualifying. This makes sense. But, reality is, how long can someone make 2 house payments? At some point, just giving up on the old house is easier to do if times get tough. Heck, it’s not the roof over their heads now. They still have a place to call home. I was very upfront with buyers about the potential hazards of doing this. Ultimately, it’s the buyer’s decision, but I lay it out there — the good, bad and ugly. And speaking of ugly … in “those” days, if you had a signed lease agreement, you had income we could use to offset the old house payment. I did a loan where I was given 2 leases for a duplex the borrower owned. We followed guidelines and used 75% of the rent for qualifying so he and his fiance could move into their new home. These kids were referred to me by a friend — a loan officer friend that had knowledge of their intent to let the house go. I found this out about a year later. To this day, I have no idea if the leases were legit and the renters finally decided to move. Not a clue. And I just don’t want to know.
It’s disturbing to me that I had a part in a loan like that. I didn’t have the knowledge of the end result, but it makes me feel icky inside that I trusted. And as my husband will tell you, I trust a little too easy. It’s my nature to assume you’re being honest unless I see or suspect differently. Had I known their intention for letting the house go … I would not have done the loan. My conscience would not have let me. It’s funny, but we have a disclosure, required by the federal government, that states mortgage fraud is bad, prosecutable to the tune of 30 years in jail and/or one million dollars. So, what’s funny about that? The fact we have to “tell” people fraud is bad and not only that, people will still commit it — doesn’t matter if they sign a piece of paper warning them of the consequences. Unbelievable.
So the moral dilemma as I see it — should we pay our mortgages on time, like we’re supposed to or do we get help from the government for NOT paying them on time? Hmmmm, reinforcing and going as far as rewarding bad behavior. I don’t get it. Here’s an article that speaks to this too. I’m not the only one in this conundrum. And here’s what’s really sad. Over 50% of those people that modified their loans have already defaulted. Oh yippee. That means the government helped subsidize the rate to make the numbers work, paid the lenders a fee to do these types of loans and offer the client a cherry rate. And what for?
My soapbox is getting slippery and I know views like this shouldn’t be put in blogs, but I feel so strongly about this, about the way the government has handled the misguided, misrepresented and possibly fraudulent buyers that are getting a pat on the back for going against what’s right – disregarding their debts. As a landlord of a rental unit (used to have two), I am amazed and shocked how many of our tenants pay late or not at all and expected us to deal with it. How dare us assess a late fee, blatantly addressed in the lease. When I rented, I paid my rent. If I didn’t, I was kicked out. It was that simple. I was taught that paying what you owe is honorable, ethical and the right thing to do. It’s how I was raised. It’s how I will raise my children and how I will continue to advise my clients. Because these are the right things to do — no moral dilemma on this front.