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Senate Committee Votes To Fingerprint Lenders

tjstork recommends a blog post up at Openmarket.org on the passage by a Senate committee of a fingerprinting provision in a foreclosure assistance bill. The provision would require thousands of people connected with the mortgage industry, even tangentially — possibly including part-time and seasonal real estate agents — to send fingerprints to the feds for storage in a database. No explanation is in evidence as to how this would help the problem of loan fraud. The measure passed the Senate Banking Committee by a bipartisan majority of 19 to 2. "The measure the committee passed states that 'an individual may not engage in the business of a loan originator without first... obtaining a unique identifier.' To obtain this 'identifier,' an individual is required to 'furnish to the newly created Nationwide Mortgage Licensing System and Registry 'information concerning the applicant's identity, including fingerprints for submission' to the FBI and other government agencies."

146 comments

  1. Knee-jerk by Shadow+Wrought · · Score: 3, Insightful
    No explanation is in evidence as to how this would help the problem of loan fraud.

    Uh, how about, so they can track the people making fraudulent loans regardless of what identity they assume? Maybe?

    --
    If brevity is the soul of wit, then how does one explain Twitter?
    1. Re:Knee-jerk by marbike · · Score: 1, Troll

      When most loan fraud is done via identity theft, how does this initiative assist in finding the people committing actual fraud?

      Yes, some fraud will certainly occur from within the industry, but the majority is done by people outside.

      --
      it is better to light a flame thrower than curse the darkness. -Terry Pratchett Men at Arms
    2. Re:Knee-jerk by Anonymous Coward · · Score: 0

      Does there need to be a reason to take finger prints? Obviously they are not ready for everyones dabs, so it's being phazed in, one group at a time.

    3. Re:Knee-jerk by Anonymous Coward · · Score: 0

      It's the start of a national database, where everyone's fingerprints will be on file.

      Big Brother wants to watch You!

    4. Re:Knee-jerk by Anonymous Coward · · Score: 0

      Gummy bears to the rescue!

    5. Re:Knee-jerk by mpe · · Score: 3, Insightful

      It's the start of a national database, where everyone's fingerprints will be on file.

      With certain exceptions, including police, politicans, elite criminals and terrorists.

    6. Re:Knee-jerk by Znork · · Score: 0, Offtopic

      Fingerprints are a 'unique identifier' in the same way postit notes with your password on that you leave on anything you touch. Except worse, as with postit notes you could actually change the password you're leaving everywhere.

    7. Re:Knee-jerk by PPH · · Score: 1

      The current mortgage crisis was caused by a bunch of well meaning, but otherwise lazy or stupid people making loans that shouldn't have been made. The contribution of criminal activity (the sort of thing fingerprint tracking would discourage) is not significant.

      --
      Have gnu, will travel.
    8. Re:Knee-jerk by hey! · · Score: 5, Insightful

      When most loan fraud is done via identity theft, how does this initiative assist in finding the people committing actual fraud? Well, consumer credit is a different thing. What they are dealing with is the home equity crisis. While it's not unheard of, it's hard to fence a house -- in the felonious sense of the word. So insiders who are inflating their sales and commissions by falsifying aspects of loan deals are a bigger fraction of the fraud being committed than in something like credit card fraud. So the idea is that this keeps a sharp operator from committing fraud, then skipping town and setting up shop in a different place under an assumed (or stolen) name.

      Unfortunately 99% of this crisis fits the standard market bubble paradigm. The difference is that this hits people ... er... where they live. Once the irrational exhuberance is taken out of the market, the opportunity for fraud is greatly reduced.

      In fact, we have the opposite problem: investors are spooked. Coming down hard on fraud might help a tiny bit, but primarily investors are spooked by their own collective insanity.

      If it makes investors a bit less risk averse, it's worth doing, but I doubt it will. We need to get a bit more momentum going in the credit market. Financial markets have about a ten year memory, so the time to really come down hard on fraud will be in about five years.
      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    9. Re:Knee-jerk by black6host · · Score: 1

      I will neither condemn nor approve this (the use of fingerprints in professional occupations) in this part of my post as that is not what I wish to convey. What I do wish to say is that this is not a first. Some may argue my use of the term "professional occupations" but the fact is, here in Florida, someone who wishes to license a business under their Mechanical Contractors license must supply fingerprints.

      Now, my own personal feelings:

      I'm much more concerned about violations of privacy that affect the population at large, such as monitoring of intersections, public places and the whole debacle of monitoring of communications by the Feds and AT&T.

      Again, not to say I approve of this, but our battles are much bigger...

    10. Re:Knee-jerk by Original+Replica · · Score: 4, Informative

      Yeah the police don't like it when databasing is used to track them. The president of the California Police Chiefs association is petitioning the legislature for a law making sites like this illegal.

      --
      We are all just people.
    11. Re:Knee-jerk by unlametheweak · · Score: 2, Insightful

      This is just another excuse for tracking people. It's a Total Control/Total Surveillance initiative. Haven't heard of it yet? It's happening slowly throughout the world. In the "free" world it happens slowly and in the guise of protecting people.

      Of course an educated and relatively egalitarian public (that is a public were economic abuses and monopolistic practices don't occur) will be naturally immune from abuses. But this is not what the Elite wants. The Elite would rather have a small percentage of poor people selling drugs and robbing liquor stores to excuse their abuses. Yep mortgage fraud may not be in the same category, but it is still an excuse.

      Sometimes I wish that the people who are so adamant about their right to bear arms would actually demonstrate their rights against those that wish to oppress them (well not them, but the common folk). I can't see this happening however as power massages power.

    12. Re:Knee-jerk by unlametheweak · · Score: 1

      The current mortgage crisis was caused by a bunch of well meaning, but otherwise lazy or stupid people... You assume ignorance in an activity where ignorance is not an excuse.
    13. Re:Knee-jerk by UncleTogie · · Score: 1

      With certain exceptions, including police...

      AFAIK, most states require that a peace officer submit fingerprints...

      ...and yes, his/her own fingerprints...

      --
      Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
    14. Re:Knee-jerk by nurb432 · · Score: 1

      So that makes it ok to track citizens that are not under a court approved investigation? Personally, i don't think so. This will also branch out to other things as well, since you might be committing fraud when you buy that bottle of beer.

      I remember when your SSN wasn't supposed to be used to identify you other then for tax purposes and we see how well that intent was stuck to. ( and if you honestly believe at lie that they fed you, then you are a fool ).

      --
      ---- Booth was a patriot ----
    15. Re:Knee-jerk by Anonymous Coward · · Score: 0

      I don't support fingerprinting everybody, but

      Unless a politician entered office before they were 18 (or 21), it would be hard to see how they could keep their fingerprints out (going forward of course, existing pols may well exclude themselves)

      But I do agree that "jobless" criminals and foreign nationals will be the ones who aren't in the database.

    16. Re:Knee-jerk by UncleWilly · · Score: 2, Interesting

      I've heard information otherwise. Like giving multiple no-money-down-cash-back mortgages to people with no visible means of support, then they turn around and sell the mortgages to 'Wall Street'. I hear in the greater Chicago area you can easily find the same name half a dozen times on the "abandoned house list" of homeowners. It seems more like this was a grass-roots organized crime activity which the support industries were complicit with. Not to say that good people have not been caught up by not understanding what they were signing (adjustable rate mortgages, balloon payments) which is unfortunate. Kind of like the stock market crash of 1929 and the reverberations it caused world wide, but not nearly so bad this go around.

    17. Re:Knee-jerk by testcase61 · · Score: 1

      Actually, pardon the pun, but you've really put your finger on the antidote to this whole Total Information Awareness thing; what I call "Mirrored Surveillance".

      Mirrored Surveillance is not hard to understand - it's about citizens videoing, recording, naming, shaming and outing authority figures trying to violate our singular and collective rights.

      Of course 99% of people will never practice Mirrored Surveillance in any form. But fortunately, only a few guys with balls of steel like this character are required to make the point;

      http://www.liveleak.com/view?i=133_1210305250&p=1

      Note how this INS Brownshirt wilts and finally bends the knee as the awesome power of the Bill of Rights is unflinchingly applied to her.

    18. Re:Knee-jerk by Opportunist · · Score: 1

      Hey, problem solved. Just round up everyone not on file, check whether they work for The Man and if not, off to Gitmo with 'em!

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    19. Re:Knee-jerk by xenocide2 · · Score: 1

      Investors are not "spooked". Have you ever wondered why oil went as high as it is in the futures market, without a contraction of supply? Sure, China and other worldwide growth is part of it, but I think a substantial part of it is investors heading for commodities after the subprime market did a number on both bonds and stocks. The smart ones aren't risk adverse -- they're busy making the next bubble =(

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    20. Re:Knee-jerk by Anonymous Coward · · Score: 0

      Wow, he stood up to an apparently unarmed female border patrol officer while he had a camera on her and was in his vehicle. Truly balls of steel.

    21. Re:Knee-jerk by PPH · · Score: 1

      But this sounds like justification for fingerprinting borrowers, not lenders.

      --
      Have gnu, will travel.
    22. Re:Knee-jerk by PMuse · · Score: 1

      Fingerprinting loan officials? It's about time.

      Thousands of people in positions of public trust are already fingerprinted. This includes doctors, lawyers, nurses, teachers, stock brokers, cops, everyone who holds a security clearance (e.g., contractors), everyone who has ever been in the military, etc. If we're going to fingerprint kindergarten teachers, it's about time we fingerprinted these bankers.

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
  2. goodluckwiththat by jo42 · · Score: 1

    Good luck in getting Guido "The Killer Pimp" Loanshark to send in his finger prints...

    1. Re:goodluckwiththat by ScrewMaster · · Score: 2, Funny

      Good luck in getting Guido "The Killer Pimp" Loanshark to send in his finger prints...

      Oh, I'm sure that Guido will be sending in fingerprints. They may or may not be his fingerprints, you understand ...

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:goodluckwiththat by surmak · · Score: 3, Insightful

      Chances are they are already on file.

    3. Re:goodluckwiththat by JustOK · · Score: 4, Funny

      Warning, may contain traces of knuckles.

      --
      rewriting history since 2109
    4. Re:goodluckwiththat by Cally · · Score: 1

      Listen, this guy's a killer, and a pimp, and a loanshark. Careful who you disrespect, yanowaddaimyn?

      --
      "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
    5. Re:goodluckwiththat by Anonymous Coward · · Score: 0

      Is he also, by pure coincidence I'm sure, a nigger?

    6. Re:goodluckwiththat by Leynos · · Score: 1

      No, I believe he is an Italian American.

      --
      "Did you exchange a walk on part in the war for a lead role in a cage?"
  3. naturally by v1 · · Score: 4, Insightful

    haven't you heard? when you can't find a way to solve the problem, you do the second best thing. Solve some other problem instead, and market it as a solution to the first problem.

    --
    I work for the Department of Redundancy Department.
    1. Re:naturally by Hankapobe · · Score: 3, Insightful

      haven't you heard? when you can't find a way to solve the problem, you do the second best thing. Solve some other problem instead, and market it as a solution to the first problem.

      I would just call it a knee-jerk reaction which is the typical operating and decision method of our Congress. Of course, if they actually stopped to think and get their facts straight, they would immediately be accused of not doing anything or not acting fast enough.

    2. Re:naturally by Yvanhoe · · Score: 3, Insightful

      You mean that the job of a politician involves problem solving and that it can be hard ? Maaan, we should better start to favor competence over ideology in politics then...

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    3. Re:naturally by aurispector · · Score: 2, Insightful

      Never happen.

      This trend of creeping fascism has to stop.

      --
      I have mod points. The reign of terror begins now.
    4. Re:naturally by Cally · · Score: 2, Funny
      Wait - are you saying our elected representatives might act in a way calculated to maximise their own, narrow, short-term interests?

      Woa, dude. My whole world just turned upside-down.

      --
      "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
    5. Re:naturally by hoppo · · Score: 1

      Actually, I would call it aligning the requirements of professionals in the real estate industry with those in the finance industry.

      This is no different than what is required of anyone who works in trading securities, from people on the floor of the stock exchange to minimum wage desk brokers at discount brokerages.

    6. Re:naturally by Opportunist · · Score: 3, Funny

      If this is creeping for you, I guess your car's meter shows speed in fractions of c.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    7. Re:naturally by aurispector · · Score: 1

      It really is hard to believe. For some reason, nobody seems to think it's a big deal to snoop around on people's private property and private communications because they're electronic. Last I checked it was a federal crime to tamper with people's mail. Think that sort of legislation would pass in today's political climate?

      --
      I have mod points. The reign of terror begins now.
    8. Re:naturally by Opportunist · · Score: 1

      Think the second amendment had any chance to pass (or even be considered)? Or the first? Or fourth and fifth?

      All those things work against a centralized government with limitless power over its subjects. I doubt anything like this would even be considered today. If the founding fathers saw what became of their country, I'm fairly sure they'd start another revolt.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  4. Just like some other law I can think of... by PC+and+Sony+Fanboy · · Score: 4, Insightful

    No explanation is in evidence as to how this would help the problem of loan fraud. ... you mean, kinda like the PATRIOT act cutting down on terrorism?
    1. Re:Just like some other law I can think of... by securitytech · · Score: 1

      We haven't had another successful terrorist attack on our soil. What was your expectation of the Patriot Act? More attacks? Whether it steps over/on civil rights is obviously debatable, but it's efficacy, at this point, is not.

    2. Re:Just like some other law I can think of... by Ihlosi · · Score: 1
      We haven't had another successful terrorist attack on our soil.

      The news seem to disagree:

      http://en.wikipedia.org/wiki/List_of_terrorist_incidents%2C_2002

      And there have been a couple of others that, while (intentionally or unintentionally) not causing any fatalities, were quite successful at terrorizing. Or does a "successful terrorist attack" need to kill at least X people ?

    3. Re:Just like some other law I can think of... by Anonymous Coward · · Score: 0

      This is a fallacious argument. The fallacy of post hoc ergo proctor hoc applies here. You have not given enough evidence to prove your conclusion but instead rely on the chronological assumption that since no terrorist attacks have occurred since the Patriot Act was adopted, it has prevented terrorist attacks. To prove this, you would need to show how a specific attack was thwarted by the Patriot Act instead of relying on temporal evidence you have given.

    4. Re:Just like some other law I can think of... by NMerriam · · Score: 1

      but it's efficacy, at this point, is not.
      ...I'm hoping you simply have a very dry sense of humor.
      --
      Recursive: Adj. See Recursive.
    5. Re:Just like some other law I can think of... by witherstaff · · Score: 1

      Actually we have had plenty of terrorism. The anthrax attacks of late '01, the Virginia Snipers of '02, let alone a variety of school shootings. Nothing huge and massive since the Patriot Act, and the most recent events have been Domestic Terrorism. But don't forget that it was Americans who did Oklahoma City - we have our own brand of homegrown loonies. But Terrorism has been continuing.

    6. Re:Just like some other law I can think of... by Forbman · · Score: 1

      ...and we only had one before it over how many years? that brought on the PATRIOT ACT. How come the PATRIOT ACT wasn't put into place after the Oklahoma City Fed Building bombing? Yes, a couple of things brought some more increased passive security measures into place to mitigate the risk of another rental truck filled with a couple of tons of ANFO (as well as making it very hard to get straight ammonium nitrate unless you've been farming with it) going off near a building near you. But I can still rent a cargo van without giving my whole physical identity (DNA, fingerprints) away.

      We in the US react strongly to things that have already happened (which is good on its own to fix things that were broken, but we Americans tend to WAY overreact, because we collectively suck at risk assessment), but seem to do little to think through what the next risk might be. But now I'm just aping Bruce Schneier...

    7. Re:Just like some other law I can think of... by tsm_sf · · Score: 1

      Yeah, I remember a Sesame Street episode where Ernie sticks a banana in his ear to protect him from alligators. It's obviously working because he hasn't been attacked.

      --
      Literalism isn't a form of humor, it's you being irritating.
    8. Re:Just like some other law I can think of... by Anonymous Coward · · Score: 0

      well, except that we've had no terror attacks in the six or seven years we've had it, but saying that the Patriot act doesn't cut terrorism is just as hard as saying it does.

  5. Seems to me.. by hansraj · · Score: 3, Interesting

    that all the problems these days can be solved either by litigating or by making laws enabling the government to collect more and more personal information.

    This panacea coming to the country near you soon.. stay tuned!

    1. Re:Seems to me.. by mpe · · Score: 1

      that all the problems these days can be solved either by litigating or by making laws enabling the government to collect more and more personal information.

      This being something which fools believe, though increasing taxation appears to go along with this. Probably to pay for all the increased paperwork and spying.

  6. Solves *A* problem by zippthorne · · Score: 3, Insightful

    But it doesn't solve the kind of problem that makes a "foreclosure assistance bill" seem like a good idea.

    What they should do is pass a bill that requires new loans to be made under the following term:

    For collateral backed loans, turning over the collateral relieves the debtor's obligation.

    That forces the banks to assume the risk of risky loans instead of the borrower. Which is right and proper because they'll have a better understanding of what those risks are, anyway. Of course, they'll have to charge more for their money, and that will mean that some people won't be able to buy the house they want (and housing prices will drop somewhat to accommodate *some* of those people), but those are the people that would have found themselves homeless with thousands of dollars of debt after a pretty-likely future foreclosure, anyway.

    --
    Can you be Even More Awesome?!
    1. Re:Solves *A* problem by znu · · Score: 3, Insightful

      How would that ever work? The bank would effectively be assuming all risk for a decline in property values, but wouldn't share in any upside.

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      This space unintentionally left unblank.
    2. Re:Solves *A* problem by zippthorne · · Score: 1

      Yes, but knowing it going in, they can price the loans accordingly.

      The problem is that their customers (borrowers) are buying business-grade money, but they aren't thinking like businesses about the risk, so they are *far* less prepared for a decline in property values coinciding with a drop in income or increase in interest rates.

      --
      Can you be Even More Awesome?!
    3. Re:Solves *A* problem by Anonymous Coward · · Score: 0

      What do you mean "wouldn't share in any upside"? They aren't interest-free loans. In fact, he said they would be even more expensive than today's loans.

    4. Re:Solves *A* problem by znu · · Score: 5, Insightful

      In order for it to make sense for a bank to assume the same level of risk that would be involved in a direct real estate investment, it would have to charge an interest rate so high that it stood to make at least as much money as it would make from a direct real estate investment. (A "direct real estate investment" here meaning the bank just buying the property in its own name, and probably renting it out while waiting for it to appreciate in value.)

      Charging interest rates that high wouldn't just put home ownership out of the reach of a huge fraction of buyers, it would also remove a major incentive for home ownership. You'd be paying interest rates so high that they would, on average, offset any appreciation in the value of your property.

      There would be virtually no takers for such loans. As a result, housing prices would probably drop significantly (there would be much less demand), but you'd basically have to pay for a house with cash up front. Financial institutions and those few individuals with hundreds of thousands of dollars or more in liquid assets would end up snapping up all the property at severely reduced rates, and everyone else would simply have to rent, ultimately resulting in a massive ongoing wealth transfer away from the middle class.

      Oops.

      --
      This space unintentionally left unblank.
    5. Re:Solves *A* problem by alexander_686 · · Score: 2, Interesting

      Oddly enough, you can do that already. Itâ(TM)s called a non-recourse loan. If you want one all you have to do is go down to your bank and ask for it. Corporations do it all the time. The reason why you donâ(TM)t hear about these loans is that the interest rates are higher and the down payment requirements are larger. It makes no sense for the average person it do. And let us just remember two things. First â" countries that have strong laws protecting the borrow tend to have higher interest rates. If the bank is going to assume extra risk for declining property values they will need to be compensated. Second â" those evil sub prime loans are reasonable for dragging millions of people in poverty into middle class home ownership. Yeah, the past few years the party got out of hand. Changes are needed, but no reason why you need to toss the baby out with the dirty bathwater. By the way, change does not mean doing random things â" like fingerprinting. I have worked in the securities industry compliance area and I have been fingerprinted. People committing securities fraud do not go to jail because of fingerprints. For a real life experience, not much help at all. Sigh, these goes a little more humanity for nothing.

    6. Re:Solves *A* problem by menace3society · · Score: 1

      You fail to realize that homeowners can get away with giving up their house to the bank anyway--they only have to declare bankruptcy, and all that does is ruin their credit without helping the bank out in any material way. The current program only works if the homeowner has actually bought a second home or other substantial assets they can be forced to sell to relieve their debt obligation. These people are in the vast minority, anyway, and are not the cause of the credit crisis.

      The credit crisis was caused by banks offering variable-rate mortgages on overvalued properties and assuming that virtually zero risk for the transaction considered individually (thanks to the house as collateral, and government insurance) meant zero aggregate risk. However, their behavior created a bubble and the price of houses soared--it's easy to convince someone to pay a lot for a house when you can show them a nice, small monthly rate. This led to speculation, which meant higher prices, and a credit volume of credit being extended. Once there was a slight dip, all those VBRs jumped the bubble burst.

      I think it's fair to say that if the bank is going to accept something as collateral on a loan, then that thing is (or ought) to be valued by the bank at whatever the loan amount is. Otherwise, I could offer a six-pack of beer as collateral on a million-dollar loan, yes?

      However, as you say, this will lead to much higher mortgage interest rates. Not that this is necessarily a bad thing, as lately people whom one wouldn't advise to buy a house have been doing so, but it does decrease opportunities for everyone across the board. I think a fair compromise could be to split the difference evenly. For example, if I buy a house for $450k, and the house immediately depreciates to $300k and the bank forecloses, I am only on the hook for $75k of the remaining money, and the rest would be a loss for the bank. The advantage is that this discourages foreclosure except where the borrower cannot make payments under any circumstances.

      Another alternative would be to specify that the house would be worth always be worth at least certain percentage of the mortgage amount in terms of debt repayment. This way, if we specified that the house was worth 90% of a $500k mortgage, once I make $60k worth of payments, the bank cannot foreclose the property without paying me back the extra $10k. Again, this discourages foreclosing, and makes it so that the buyer and the bank share the risk, instead of trying to dump it all on the buyer.

    7. Re:Solves *A* problem by mrbluze · · Score: 1

      Charging interest rates that high wouldn't just put home ownership out of the reach of a huge fraction of buyers, it would also remove a major incentive for home ownership. Or, it would stop banks from playing the fishing game where they reel people in once they're hooked. Buying a house would mean saving first. It would probably mean an end to consumerism.
      --
      Do it yourself, because no one else will do it yourself. [beta blockade 10-17 Feb]
    8. Re:Solves *A* problem by ShatteredArm · · Score: 1

      Small nitpick: it has nothing to do with ARMs. ARMs are *usually* cheaper than FRMs, even in the long run. The problem was with balloon rates, teaser rates, and other tools that make the loan cheaper upfront than it would otherwise be. That can be done with FRMs, too, in the form of buydowns. The bank gives you this nice low rate for two or three years, and you have so much money that you can buy your nice SUV, HDTV, etc., and then OOPS it resets to prime+7 (which means the LOWEST possible interest rate you can get is 7%!). And then you can't refinance or sell the house because it's now worth less than the amount you owe.

      If people would have generally stuck with normal ARMs, we wouldn't be having these problems--but then again, housing prices wouldn't have skyrocketed as much, because some of those people with ballooning payments wouldn't have been able to get a normal loan.

    9. Re:Solves *A* problem by bm_luethke · · Score: 1

      I don't see anything wrong with the system that we had in place up until sometime in the late 90's to early 00's. The banks could, and would, refuse a huge portion of the loans they give out now. The people who felt they deserved said 350k house, two hummers, and a summer house because they went to college (an English and Art major) complained until they got said loans through congress (I refuse to capitalize that word for the foreseeable future). Turns out the bank was correct - they couldn't pay them and should have been turned down.

      In the end the market is "adjusting" and it is screwing those who made unsound financial decision - the vast majority of them being *obvious* (unfortunately it is getting a few who should have been OK as their equity is negative - though they can still make the payments and they purchased at a price they felt was fair at the time). However they had been lead to believe that a house that they should be purchasing in their 40's and living in until they die is a "starter home" and they will move up from there. Then, being amongst the elite (Heaven forbid they actually have a degree that *is* amongst the so called elite - you just graduated college you aren't going to make what a 20+ year person is going to make) they should start with more than a starter home. Turns out, not so much and forcing legislation through doesn't change reality of what one can afford.

      Even in our current halfway borked housing market it eventually works out to be supply and demand. There was no reason to to change it before and, even now, there is no reason to do so as it is just moving back to what it was before. If you give people the freedom to make bad decisions some will - if you give them that right and then teach them wrongly (say, for instance, they can do anything they want and get anything they want in an effort to boost self esteem) then you get our current reality. But then, it ends up being self correcting anyway.

      Around 50% of the people will live in exactly average and below housing. If we teach them that only above that is success - it isn't. ~68% will live within one standard deviation of the mean - to pretend otherwise is just wrong. We need to make sure that Brick Layers raising a family in decent housing are a success - they 100% absolutely are just as much as a MD PhD (in fact, I would say they are even a greater success if the remain a family and the Md PhD is never home).

      One can foster self esteem without pretending all can be the MD PhD - saying we can all be top .5% instead of the +/- one standard deviation makes those that are in the 68% be failures. Promoting self esteem means we never discourage someone from pushing their limits whilst making sure that *anyone* that reaches theirs is praised. Competitive sport coaches should *never* tell a student they can't win - however there are still winners and losers and for the losers said "self esteem" building is making them strive for that next level.

      --
      ------- Sorry about the spelling, I suffer from two problems. Dyslexia makes it difficult to spell well, lazy makes it
    10. Re:Solves *A* problem by wfberg · · Score: 1

      American mortgages already are, for the most part, non-recourse loans. That means, if you mail the keys to the bank, your debt is settled. The phenomenon is known as 'jingle mail'. Only home line of equity loans and refinancing loans tend to be recourse loans. 'Walking away' does wreck your credit score, but that's not much of an issue for people who never had a great score to begin with - i.e. subprime lendees.

      Even though the majority of mortgages is non-recourse, that didn't put the risk on the banks, as they sold off mortgage debts to investors. Those investors relied on ratings of default risk that were based on inaccurate historical data (there simply wasn't any historical data for huge loans made to people without verified income) and given by rating bureaus who weren't disinterested parties, but rather paid by the people selling on the debt. Still, the investors lapped it up, causing underwriting standards to lower and lower.

      These investors end up holding the bag, as well as their creditors - which, ironically, brings us back to the banks, who didn't want this 'toxic waste' (as they called it) on their balance, but who did finance highly 'leveraged' investment funds.

      The current crisis is a direct result of bad credit risk management, enabled by a complete lack of regulation. Sometimes the 'invisible hand' punches you right in the face, repeatedly.

      --
      SCO employee? Check out the bounty
    11. Re:Solves *A* problem by menace3society · · Score: 1

      Thank you for clarifying that, I only know what I read in the newspapers, which rarely go into depth on these kinds of things.

      I probably ought to start reading the WSJ.

  7. My suspicion by CyprusBlue113 · · Score: 3, Interesting

    This just looks like a subtle way to destroy Prosper.com

    --
    a handful of selfish greedy people are no match for millions of selfish, greedy people -u4ya
  8. NASD by vinniedkator · · Score: 2

    This is something that the NASD has been doing for years for people with securities licenses. This isn't something new. However, I don't really see the benefit of doing it. Maybe they are cross referenced with some law enforcement databases.

    --
    WARNING: WE HAVE NOT CONDUCTED A FELONY-CONVICTION SEARCH OR FBI SEARCH ON THIS INDIVIDUAL.
  9. Will this affect me? by 77Punker · · Score: 1

    I'm a lender on Lending Club and I've got money that's not going to come back to me for another 3 years. Anyone got a guess about whether or not it will affect me?

    1. Re:Will this affect me? by nhtshot · · Score: 1

      Ask a lawyer, not slashdot.

    2. Re:Will this affect me? by vidarh · · Score: 1

      I am assuming the lenders did not sign a load agreement directly with you, but with Lending Club, in which case I'd be very surprised if it affected you. I'm not in the US, and not familiar with Lending Club, but I have used Zopa in the UK, and I've never been party to a loan agreement - the load agreement has been between Zopa and the lender. I've just provided capital to Zopa.

    3. Re:Will this affect me? by 77Punker · · Score: 1

      Sometimes questions can provoke interesting discussion, which is the reason I come to Slashdot.

      I'm not here for legal advice; I'm here to get a variety of perspectives.

    4. Re:Will this affect me? by nhtshot · · Score: 1

      Fair enough. As long as you have that perspective, you're safe.

    5. Re:Will this affect me? by DriedClexler · · Score: 0

      Considering that those people don't actually pay back their loans, I'm guessing the answer is no ;-)

      j/k, j/k, you're good, you're good

      --
      Information theory is life. The rest is just the KL divergence.
    6. Re:Will this affect me? by Anonymous Coward · · Score: 0

      Well, both Prosper and Lending Club have consumer licenses in states that already require fingerprinting so I believe this will not have any effect.

      Additionally, isn't the bill in question only applicable to mortgage-related loans?

  10. prosper by n3tcat · · Score: 1

    I wonder what this would do for sites like prosper.com?

  11. Fingerprint everybody by PingXao · · Score: 3, Insightful

    Take DNA samples, too. Add cameras EVERYWHERE. Why pretend that isn't the goal, or that the majority of people are against it? One day, it might help the children by catching ch1ld pr0n predatr0s. Or catch that mafia guy down at the loan store who talked me into that loan I can't afford. Or the creep that sold me that gas guzzler last year.

    Here's something I would really like to see: Drug tests for every elected office holder, every day. Make the results public as soon as they're available. No exceptions. Another would be to implement transparency on all elected office holders' bank accounts. Let the sun shine in.

    1. Re:Fingerprint everybody by mpe · · Score: 1

      Here's something I would really like to see: Drug tests for every elected office holder, every day. Make the results public as soon as they're available.

      Which drugs would the tests be for? If the tests were for everything currently illegal there might be a long wait for all of the results...

    2. Re:Fingerprint everybody by NewbieProgrammerMan · · Score: 1

      All of them. Blood, urine and hair tests. Alcohol, Viagra, nicotene, marijuana, *caine, caffeine, oxycontin, all of them. At such frequency that there's less than a 1% chance they can smoke a joint, do a line, or pop a pill and turn up clean on any given test. Maybe do like they do to the armed forces, and just randomly select a small subset to test every week, and make sure somebody actually sees that all collected bodily fluids *actually* come out of their body. (Note: not volunteering for that one)

      It can't be more expensive or inconvenient than turning realtors into data collectors for the feds, can it?

      Oh, but who am I kidding: they're a special, privileged class, better and more trustworthy than me, and they don't need oversight of any kind. It's ridiculous that we'd even want to apply "little people" standards to them.

      --
      [b.belong('us') for b in bases if b.owner() == 'you']
  12. There is no problem - really. by Hankapobe · · Score: 4, Informative
    That plan would put owning a house out millions of people's reach, I'm afraid.

    I volunteer helping some of those folks that were "victimized" by the "evil" mortgage industry. In every case, folks just bought too much house than they can afford. And a few times, they bought a few houses. Folks don't leave any wiggle room in their budget - at all. So if they lose a job, or they get sick, or a divorce, or any combination thereof, they get behind in their payments. There's nothing in their budget for savings.

    A lot of those folks bought a house with one of those interest only loans counting on the house price increasing dramatically in the first couple of years, sell it for a huge profit, and buy more. Folks pyramided their profits with the expectation that home prices can go only up. The mortgage industry went long because these folks were able to make the payments. now, the economy slows, folks lose their jobs, and now they can't make their payments - bankruptcy and this current crisis.

    Here's the real problem: in America we have this budget by payments mentality. In other words, we can afford something as long as we can make the payments and of course that's counting on having a job that gives raises every year and asset prices always increasing. Some folks actually lied on their applications - FYI.

    There's no evil entity here to blame and there are no victims: just some folks who don't know how to mange their money and were too optimistic about the economy and the real estate market.

    1. Re:There is no problem - really. by zippthorne · · Score: 1

      Indeed. But if the loans were priced properly, they wouldn't have been able to borrow themselves into so much trouble. The problem is that, although many people got greedy and willfully ignorant about the housing market, they're now stuck with huge remaining debts and no assets to cover them. Plus, they still have to find and pay for some kind of housing, so it's not like they can just keep paying the current premium.

      I'm not saying there are bad guys that need to be punished. In fact, it's a case of "too-good" guys in some ways. But the situation needs to be resolved in a way that makes it harder to happen again and bailouts is not going to do that.

      If we, the taxpayer, are going to bail out the debtors and therefore save the banks, then the banks need to give us something in return.

      *except the folks who lied on their applications. I've got no sympathy for that.

      --
      Can you be Even More Awesome?!
    2. Re:There is no problem - really. by menace3society · · Score: 1

      It's also the responsibility of lenders to take your finances and such into account, and to consider the risk. If someone has a high-paying job in a volatile industry, the bank would probably charge a higher APR and give him the option to pay down principle early if he wanted. If someone had a stable job and could afford exactly $350 in payments a month, a dumb move would be to set up a plan where he'd pay that amount. Then, if prices of other needs rise even slightly due to inflation, he can't make his payments anymore.

      The original logic behind FDIC was that the government would only insure accounts at banks that exercised good judgement in lending. That standard appears to have fallen, or vanished.

    3. Re:There is no problem - really. by xenocide2 · · Score: 1

      This flipping crap is why I'm not enthusiastic about assisting those in foreclosure. In 2006 Los Vegas, for example, where prices were screaming upwards and the whole place was growing incredibly fast, something like 1 in 4 loans was interest only. That screams classic bubble and I think we need to make it clear that bad investing should not be rewarded.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    4. Re:There is no problem - really. by baboo_jackal · · Score: 1

      In fact, it's a case of "too-good" guys in some ways. But the situation needs to be resolved in a way that makes it harder to happen again and bailouts is not going to do that.
      No doubt. Lenders have been caught in a Catch-22-esque trap here. They chose not to lend money to people with poor credit ratings and insufficient assets, because those people probably wouldn't be able to pay off their debt. All based on actuarial calculations. But since minorities tended to fall into the "do not lend to" category more frequently, this was viewed as racist.

      So they (subsidized by the Government and pressured by public opinion) started lending to bad risks. And then those people who they thought couldn't pay off their debt, *gasp*... Couldn't pay off their debt. Which is, of course, the fault of the lender, since they *knew* the elevated risk of lending to such individuals.

      On one hand, we chastise lenders for not lending money to people who shouldn't be lent that quantity of money, and then we also criticize them for lending money to those same people, when they can't keep up with payments.

      You're a racist if you don't, and you're a predator if you do.

      How about this? Let lenders decide who's a good risk and who's not, based solely on their credit history? I think that would probably work.
    5. Re:There is no problem - really. by CodeBuster · · Score: 1

      There's no evil entity here to blame and there are no victims: just some folks who don't know how to mange their money and were too optimistic about the economy and the real estate market. That is exactly right. I grow weary of hearing our politicians and activists bemoan the problems of "predatory lenders" and the plights of their "victims". Have they not heard the saying, "If you think that education is expensive then try ignorance"? People want to live in this world as adults and be treated as adults, but they want the government and their fellow taxpayers to bail them out of risky financial transactions, which they willingly engaged in, when their debts get called in. Those of us who are prudent with our money and make educated financial decisions would not have shared in the profits if their risky decisions had paid off so why should we share in their losses? They signed the paper and the responsibility for the loan is theirs and stupidity, ignorance, and wishful thinking are not excuses. If they didn't understand the consequences then they shouldn't have signed the note and if they were not able to understand then they should have hired a CPA and or lawyers to evaluate the loan papers on their behalf before they signed. There should be NO TAXPAYER BAILOUT for sub prime borrowers or anyone else who gets into trouble on their mortgage or any other individual financial transaction. If they have to walk away, declare bankruptcy, and start over then so be it, perhaps they will learn a lesson by the school of hard knocks, but it is time and PAST TIME to stop rewarding the spendthrifts and punishing the savers in this country.
    6. Re:There is no problem - really. by Bloke+down+the+pub · · Score: 1

      Get your facts right. King George the third was German.

      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
  13. Police states and the sad case of Fritz Thyssen by westbake · · Score: 5, Interesting

    Those of you who think you can make a buck off a police state would do well to remember learn the fate of Fritz Thyssen. He was an industrialist and early supporter of Adolf Hitler, in part financed by Prescott Bush. He made plenty of money re arming Germany and he approved of racial purity laws. By the time he realized the Nazis believed all of the crazy things they said, it was too late for him to do anything about it. He was thrown into a concentration camp and was lucky to survive the wars he did not approve of. If you don't think the Neocons are just as crazy as the Nazis you have not been listening to them long enough.

    --
    I am a name troll of Westlake. Visit my homepage to learn why.
    1. Re:Police states and the sad case of Fritz Thyssen by Anonymous Coward · · Score: 0
      hi twitter. I see you're still playing the "dreadfully easy" sockpuppet "game".

      you even created another account today. it just boggles the mind.

    2. Re:Police states and the sad case of Fritz Thyssen by paving-slab · · Score: 1

      Good god man, you need to get a life.

    3. Re:Police states and the sad case of Fritz Thyssen by YodaYid · · Score: 1

      Why is this a sad case? Thyssen deserved much worse for what he did.

  14. Typical American Response. Ignore the real problem by GISGEOLOGYGEEK · · Score: 4, Insightful

    Yes, Americans run out and throw away your privacy as fast as you can without thinking about it! The mortgage crisis was caused by a lack of fingerprints? Right!

    You should have done what Canada and many other countries did DECADES ago to protect your citizens from the banks, protect your banks from your citizens, and to ensure the market could not be manipulated into such a crisis .... enact regulations that require a loan company to ensure:

    - that mortgage applicants actually have the income needed to support paying back the mortgage! DUHHH!
    - that a large enough down payment is made that if a small drop in the home's value happens, it won't eliminate the collateral the mortgage was secured on. (currently minimum 5% downpayment)
    - that if a downpayment is not significant (under 25%), the mortgage applicant must have mortgage insurance.

    Too many Americans still ignorantly believe that the mortgage crisis was accidental!

    It was entirely predictable and preventable. It was entirely based on the greed of your unregulated banks!

    Your housing market had prices that were rising so fast ... driven by easily obtained mortgages ... that your banks could make a killing by intentionally handing out mortgages to people who couldn't make the payments, forclosing on the mortgages and reselling the houses at a higher price to the next sucker!

    I spoke to a young up-and-coming American mortgage broker recently who was not just entirely blind to the damage his industry had caused to the American (and world) economy for a short term again, he was dumbstruck with adoration and respect for the professors of American business schools that had come up with the idea and was going to attend a conference hosted by them soon after! He referred to his favourite mortgage applicants as NINJA's ... No Income, No Job Applicants!!!

    Once the market turned, and prices stopped increasing, the mortgage pyrimid scam became unprofitable. Suddenly your banks couldn't resell all their stolen houses, suddenly your banks were stuck with huge amounts of debt that they couldnt carry.

    But instead of stopping and minimizing the losses, and preventing the ruin of the American economy, they kept going! They intentionally carried the scam so far that not only could they not be punished for it lest it destroy your banking system, you as taxpayers were forced to bail them out for your own protection!

    So you got scammed into mortages you couldnt afford, got your houses stolen back by the scammer, and are now paying off the debts through your taxes! It's the great American way! Life, Liberty, and the pursuit of being a victim of fraud perpetrated by other Americans!

    So go out and submit those fingerprints. It will solve EVERYTHING!

    --
    George Bush + Linux = "I will not let information get in the way of the fight against Windows"
  15. A better idea: Fingerprint CEOs by davidwr · · Score: 2, Insightful

    Fingerprint the CEOs and anyone with the final approval to accept or decline a lone, and leave everyone else alone.

    If your bank uses an automated approval process, then designate some human being to sign off on the rules the automated process uses, and fingerprint him.

    Even better, skip the bureaucracy and don't fingerprint people, just hold the companies responsible if they don't do due diligence on their hiring.

    Geesh, this is banking, not munitions transport.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  16. As a realtor and lender... by urbanrealtor · · Score: 1

    I think this is something that really should be done. The level of important information that passes through our hands is astounding. While some of this is public info (eg: trust deeds, some business income statements) a whole lot of it is private info (eg: socials (which you totally need for lending and buying), dl #'s, private account numbers). The problem is that in most states the education and bonding requirements for our positions and/or licenses is minimal or non-existent (eg: a local company used to offer to get you your license in one weekend). I am writing this as I host an open house full of nice things owned by a family that I have only ever met once. Fingerprinting lets government know if you have a record before approving licensure as well as helping the chain of custody when investigating information or property theft.

  17. Two men sit in a train... by JamesTRexx · · Score: 4, Insightful

    ..from New York to Philadelphia. One of them keeps throwing pieces of bananas out the window and after a while the second man asks why he does this.
    Why, it keeps the elephants away.
    -But there are no elephants here.
    See how good this works?

    Get the point? :-)

    --
    home
  18. Re:Typical American Response. Ignore the real prob by rossz · · Score: 4, Insightful

    - that mortgage applicants actually have the income needed to support paying back the mortgage! DUHHH!


    A friend of mine is a mortgage broker and explained the problem. The Feds demanded the mortgage industry provide more loans to minorities. All too often, minorities applying for loans did not have sufficient income to qualify. If they turned them down, AS THEY SHOULD HAVE, they would have been accused of discrimination. This whole mortgage crises was created by the Feds forcing the industry to give loans to people who had no chance of paying them back.

    A secondary problem was idiots rolling over interest-only loans, hoping the market would keep going up. Interest-only loans aren't much different from gambling.
    --
    -- Will program for bandwidth
  19. double edged sword by owlnation · · Score: 2, Interesting
    Hmmm, there's a few aspects to this...

    1. Does it prevent loan fraud -- nope, of course not. Surely no-one with even passing insight into the issue would think otherwise.
    2. It does, however, cause banks some hassle. And, aside from the legal profession, there are fewer institutions on Earth that deserve hassle more than bankers (which rhymes with .....?)
    3. The downside of that though is that you can bet the associated charges (real or imagined by banks) will be passed on to the consumer.
    4. It will further desensitize Joe Sixpack into thinking, "well, maybe fingerprinting people for ......(insert any profession you like here) is ok after all, I mean bankers have to do it"
    1. Re:double edged sword by eepok · · Score: 1

      #4 is and was my immediate concern.

  20. Re:Typical American Response. Ignore the real prob by Varitek · · Score: 1

    A friend of mine is a mortgage broker and explained the problem. The Feds demanded the mortgage industry provide more loans to minorities. All too often, minorities applying for loans did not have sufficient income to qualify. If they turned them down, AS THEY SHOULD HAVE, they would have been accused of discrimination. This whole mortgage crises was created by the Feds forcing the industry to give loans to people who had no chance of paying them back.
    Horsecrap. The mortgage issuers were packaging up mortgages into supposedly AAA-rated bond-equivalents and selling them off. They were lending money to people who couldn't afford to pay because they weren't taking on any of the risks. It has nothing to do with minorities and everything to do with moral hazard.
  21. First they came.. by mrbluze · · Score: 1

    For the doggies pooping on the path...

    Then they came for the usurers..

    Then they came for the real estate agents..

    --
    Do it yourself, because no one else will do it yourself. [beta blockade 10-17 Feb]
  22. Some are able to live in their homes w/o payments by nido · · Score: 1

    When banks collateralized their mortgages into Asset Backed Securities, they usually lost the paperwork. And if they don't have a document trail proving that they own the house, they can't collect on Foreclosure Day.

    Who Owns Your Home? has all the links.

    --
    Learn the rules so you know how to break them properly.
    www.teslabox.com
  23. Re:Typical American Response. Ignore the real prob by zotz · · Score: 1

    "Yes, Americans run out and throw away your privacy as fast as you can without thinking about it! The mortgage crisis was caused by a lack of fingerprints? Right!"

    There's no doubt about it...

    Thats what that old army post was for...

    all the best,

    drew

    --
    FreeMusicPush If you want to see more Free Music made, listen to Free
  24. Uh, that's already how the system works by SideshowBob · · Score: 1

    If a debtor defaults on a mortgage, they surrender the collateral (the house.)

    Your proposal is already in effect, and has been for almost a century.

    1. Re:Uh, that's already how the system works by zippthorne · · Score: 1

      And after the bank sells the house, the debtor still owes the remainder if there is any (and in a declining market, the remainder will be substantial. In a rising market, a rational debtor would sell the house before foreclosure rears it's ugly head).

      There are some remedies for the debtor in this case, but they are all unpleasant to the debtor, and the recent spate of bank failures indicates that the banks themselves weren't prepared (i.e. they were not charging the correct fees to compensate the risk and/or were granting loans they shouldn't have been) either.

      --
      Can you be Even More Awesome?!
    2. Re:Uh, that's already how the system works by SideshowBob · · Score: 1

      That simply isn't true in most states. It's called a "nonrecourse loan".

      California, for instance, mandates nonrecourse loans for all primary mortgages.

  25. Re:Typical American Response. Ignore the real prob by fermion · · Score: 4, Interesting
    This is the excuse that the mortgage industry uses. It is why friends of mine, with six figure incomes, could not secure housing until they went to their proper part of town. It is why lawsuits were filed against financial officers at auto dealers for engaging in a pattern of offering loans at higher rates than equally qualified person who were of a more desirable color. The excuse still works, but is getting old given the median income in all racial groups is enough to own at least a modest home.

    In any case, I don't think loaning to minorities is causing the current issues. For one thing, I don't think that so-called minorities are the primary people who speculated on property in florida, and other places, assuming that the price would go up by the time that development was finished and they could flip for a quick profit. Why banks would lend to such speculators, often with no obvious source of income, is beyond me. Furthermore, the NYT published a graphic on the largest foreclosures, and the cities are not those one associates with urban minority populations. Place like Merced, minneapolis, fort myers. Though these do have the minority population, and everyone has to take blame, the finance industry blaming it on government regulation is just weak.

    This is why. Many years ago, Texas has a good regulation. The regulation was based on the idea that a persons home was not a liquid asset, but a vital possession. As such, texas allowed a person a great deal of protection to keep the home. The taxes would be fixed after 65. Your home could not be easily foreclosed or taken in a bankruptcy. In many jurisdictions taxes are easily disputed so people would not lose their houses due to excessive taxes. In exchange for these protections, Texans did not have the right to home equity loans.

    That is until the financial industry bought out the Administration of George Bush and won his support to change the law. We now have a state of speculators instead of home owners. Prices went through the roof(tripled in 8 years) because the financial speculators wanted them to. Homeowner lost their house to due high taxes. Speculators moved in, borrowed against the house, and then moved out when they could not borrow leaving a blighted block. this was not due to government regulation forcing mortgage companies to loan to minorities. This was a calculated attack on the home owner back bone of america.

    The sad thing is that the financial industry has made it bag of gold, and now is crying foul. Many of the mortgage holders are walking away, which they should, and the financial industry doesn't like it. Instead of renegotiating loans, they are begging the government for a bailout. It is sad. Those of us with eyes saw what was happening all those years ago, but all anyone else could see is free money. Now, as always, they are blaming it on regulation and minorities. The fact that the mortgage brokers were greedy bastards had nothing to do with it.

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  26. another federal boondoggle by slashdotard · · Score: 1

    the states already do all this. It is effective and will always be far more effective than any federal level law.

    Wot da hell ever happened to educating people? That is the most effective thing against lender fraud. But, no, the stupid and ignorant must be protected instead (after all it's the stupid and ignorant who can be most easily manipulated).

    This usurps states' rights and appears to be unconstitutional on the face of it. The states already do background checks on lenders, real estate brokers and agents, loan brokers, et cetera, ad nauseum. There is no need for yet another useless federal program. The federal government has no right to do this but I know that will not stop them.

    It appears to be yet another federalisation plan, similar to the health care bullpuckey that Clinttoon wants to force everyone into and the federal welfare program that has been so successful at destroying families and creating new and serious problems by forcing social changes. It will be as useful and effective. It will make it far more difficult to get a legitimate mortgage, preventing many from owning their own home. It will do severe harm to business by delegating the administration of this law to unelected, capricious and unaccountable bureaucrats.

    --
    me. --a by-product of public education
  27. Re:Typical American Response. Ignore the real prob by Anonymous Coward · · Score: 0

    Sounds like your friend doesn't want to take blame for what he and his coworkers did. If you really want to understand what your friend doesn't want to tell you, listen to this show. There's plenty of blame to spread around without slipping into racism.

  28. I for one... by fuzzyfuzzyfungus · · Score: 2, Interesting

    Am glad to have this valuable reminder that fraud is something that little people do. Seriously, does anybody actually believe that the architects of our current lending debacle are a bunch of two-bit conmen running around with cheap suits and suitcases full of fake IDs?

  29. Lots of problems left. by westbake · · Score: 1

    Bankers have been saved without relief for debtors (another source). It's a good idea to prevent a general collapse because we use a fiat currency but leaving thousands of people ruined won't do enough. Trickle down has made a lot of executives very rich while leveling US manufacturing and consolidating all other commerce. The people responsible for the predatory lending crisis deserve to be treated like criminals. Many of the debtors are the victims of some very shady deals, which include intentionally inflating the value of property in cooperation with lenders. There's a lot of scandal here from top to bottom.

    --
    I am a name troll of Westlake. Visit my homepage to learn why.
  30. 1960's Peace Sign, We Are Divided Today by Anonymous Coward · · Score: 0

    Plenty of people mock the 1960's hippies, but fail to see the truth:

    The hippies were not weak and useless by themselves, any fruitful movements were penetrated by government intelligence and rendered useless, read history and discover this for yourself.

    In the 1960's you see people breaking away from the cattle control of the government and doing their own thing, forming their own communities. Today any serious break away group or community, whether they be truly peaceful or whether they harbor ill intentions, are penetrated and scattered. I'm surprised the Amish are allowed to exist in today's world, but I'm sure they are heavily infiltrated and kept under constant observation. There have been attempts to bring them into the grid as I'm sure they will be swallowed into it given enough time and excuses.

    Do you hate the war in Iraq? The futile and immoral war on drugs?

    Posting online and talking about it do nothing, YOU (via taxes) ARE FUNDING these things you hate! You are as guilty as the ones who directly participate in it!

    Without OUR funding, there would be no war in Iraq, there would be no war on drugs! Why do you continue to fund matters you don't agree with? Because you are scared of this same monster throwing you in jail?

    Why do concern yourself with matters outside your "illusion of control" when you continue to fund them?

    If you pay into the things you hate, hate yourself first, you are to blame, there is no hand washing, you are the problem.

    Where do we go today? First, read "Food of The Gods" by Terrence Mckenna. See how the television is the worst drug of all, controlling and manipulating our perception. Timothy Leary was right, and hallucinogenic drugs are banned and some schedule I because they allow us to break free of the lies and brainwashing, you wouldn't know unless you've tried them.

    Why are mushrooms in cow shit illegal? Didn't nature give these gifts to us?

    Why is marijuana illegal? Why do we allow government, controlled by big Pharma, to control and dictate to us?

    Why do we cower in fear and OBEY?

    Why are so many of us scared to peacefully stand up and say ENOUGH? Because we might lose time at the computer, game consoles, etc? Because standing up for our rights and liberties which have been stolen from us would deprive us of our enjoyment? "But I have a family..." is not a good excuse, if you do not defend your freedom you do not deserve to live in a land where people went to war and died to protect them.

    Anyone who cares about protecting our freedom is labeled a nut or added to a database. This has to STOP. Maybe the image of the dirty street dweller shouldn't return, but damnit, the peace sign and all it embodies should make its way back into the culture, we need to unite, we are divided, and we have already began to fall.

    If you do nothing but talk and blog while funding the corrupt system, you are the corruption you hate. Change does not happen by people funding and rewarding a broken and corrupt government.

    "All governments are liars and murderers" - Bill Hicks

    Bumper stickers won't cut it, we need to come together, right now.

  31. Re:Solves *NO* problem by Anonymous Coward · · Score: 0

    For collateral backed loans, turning over the collateral relieves the debtor's obligation. That would do no good. Neither banks, nor loan originators end up holding the entire note. They are bundled, packaged, split, and then sold as securities. The entity or person holding the note is holding something akin to a bond mutual fund. What are you going to do with 1/1000th of a house?
  32. Re:Typical American Response. Ignore the real prob by Anonymous Coward · · Score: 0

    A friend of mine is a mortgage broker and explained the problem. The Feds demanded the mortgage industry provide more loans to minorities. All too often, minorities applying for loans did not have sufficient income to qualify. If they turned them down, AS THEY SHOULD HAVE, they would have been accused of discrimination. This whole mortgage crises was created by the Feds forcing the industry to give loans to people who had no chance of paying them back. That is the biggest load of crap. The problem here is that loan originators don't end up holding the note. They get their commission and then sell the obligation to be bundled with thousands of others and sold as securities. There was a huge demand for these securities because they were thought to have very low risk and a decent return. In order to feed this demand originators came up with all sorts of garbage loans and the industry didn't properly evaluate the risk. The industry got greedy and Joe Shmoe home buyers made some really stupid decisions. It has nothing to do with minorities. It has to do with someone making $45k a year buying a $500k house. Everybody involved should have known better but the originators were knowingly deceptive. Period.
  33. Re:Solves *NO* problem by zippthorne · · Score: 1

    You all sell the house and split the proceeds. Duh.

    You get a return on your money because you're risking it. The risk is that if the debt doesn't get repaid, your fraction of the house might not be worth what you paid for the note.

    More risk should equal more return. Pawning off the risk on some third party shouldn't even be on the table.

    --
    Can you be Even More Awesome?!
  34. Re:Typical American Response. Ignore the real prob by urbanrealtor · · Score: 1

    I really don't understand how that got an insightful score. It wasn't. It just sounded like an ignorant rant. Greed is the job of banks. That they act stupidly when not regulated is not exactly a ground-breaking observation. Fingerprinting is required in many states for all people involved in lending and real estate. That is appropriate. It cuts down on property theft and identity theft. It is generally used as a way of screening out applicants in the industry. If you saw the amount of personal property and personal private information that we put our hands on, you might think differently.

  35. Re: no victims by Anonymous Coward · · Score: 0
    There's no evil entity here to blame and there are no victims

    What about the people next door to the forclosure which is empty and trashed? What about the the investors in those mortgage securities (probably your retirement fund...).

  36. Precursor to Microchipping Humans by Anonymous Coward · · Score: 0

    Fingerprint / Eye scans are just to warm us up for the eventual mass-mandatory-microchipping

    Get ready for "Digital Angel", think "Splenda" for a product which causes your dick to rot.

  37. Sounds similar to SEC fingerprinting regulations by malchus842 · · Score: 2, Insightful

    I work for a large financial services firm. Everyone who comes to work there is required to undergo a background check and criminal records check, which includes fingerprinting (and running those fingerprints for matches in criminal and disciplinary databases). The goal with the SEC is, at least partly, to ensure that someone who has been convicted of securities fraud cannot sneak in after suspension of their license, etc.

    Note, I'm not a licenses broker or any such thing - I'm in IT. But the rules apply.

  38. Re:Typical American Response. Ignore the real prob by scbomber · · Score: 4, Insightful

    OK, you're (or your friend's) fundamentally confused.

    1) Most of the people defaulting on loans are not, in fact, minorities.

    2) All the anti-discrimination provisions of federal housing law are public. Try http://www.ftc.gov/bcp/edu/pubs/consumer/homes/rea08.shtm for a start. None of it has anything in it about lowering standards, only prohibiting discrimination.

    3) People can accuse of discrimination all they want; if they can't prove it who cares? There's no way defending those cases would be as expensive to mortgage companies as having the loans blow up.

    So, sorry, but this problem cannot be blamed on the economic actors in the situation who had the LEAST control over what was happening. Aim Higher!

  39. Big Deal by Kostya · · Score: 2, Insightful

    Work for any financial firm (and if you write software for in a big city, odds are you are or have worked for a financial firm at one time) you have to get fingerprinted. No one throws a stink about that. After this ridiculous mortgage crisis, is it any surprise they extended it to include lenders?

    Maybe I'm just used to it, so I don't see the big deal. But I think I have been fingerprinted at least 4 times over the past 10 years in order to work for financial firms.

    Meh. Perhaps it is something to get worked up over. But it isn't really a new thing--perhaps it is to many here? This practice, or something like it, has been in place for years in the greater financial market.

    --
    "Doubt your doubts and believe your beliefs." -- Switchfoot, Ode to Chin
    1. Re:Big Deal by StrategicIrony · · Score: 1

      sigh.

      "maybe I'm just used to it"

      Yes, you are.

      That's the goal. Sadly.

  40. Microsoft IE tactics by turthalion · · Score: 2, Informative

    This smacks of the same tactics Microsoft used to force IE on everyone. When they were ordered to un-bundle IE from the OS, they responded by doing so, but then making IE a requirement for everything... want to use Platform Builder? You need IE. Want to use Visual Studio? You need IE. Want to play Al Unser Jr Racing, and read the Help? You need IE.

    This sounds like the establishment wanting the FBI to have fingerprints on everybody (you're all potential criminals, after all), but knowing it will never fly. So instead... you want to lend somebody money? That's a fingerprintin'. Next, it will be "Want to borrow money from a fingerprinted lender? Well you need to be fingerprinted too, or there's a security gap."

    Next it will be buying a gun, car, getting a US passport (even if you're native-born). Then it will be your health insurers before giving you coverage.... before you know it, bingo, everybody's on file.

    And then it will be, well, everybody's on file, so when your new baby is born, we'd better get them fingerprinted, chipped, tagged, whatever, or else there'll be in danger of being kidnapped, sold to the Far East, ground up for medicine, etc. You don't your child to be the only one not being tracked do you? That will make him a target!

    --
    Michael Coyne
    http://turthalion.blogspot.com
  41. Re:Typical American Response. Ignore the real prob by Anonymous Coward · · Score: 0

    3) People can accuse of discrimination all they want; if they can't prove it who cares? There's no way defending those cases would be as expensive to mortgage companies as having the loans blow up.

    Riiight. Will your bank say that when Jesse Jackson and other minority "leaders" are picketing outside and CNN is running a story on a slow news day? And even if you are legally in the clear, juries often award millions when they see a sad poor plaintiff and a deep-pocketed defendant.

    So, sorry, but this problem cannot be blamed on the economic actors in the situation who had the LEAST control over what was happening. Aim Higher!

    There were many bad actors:

    - borrowers, for borrowing large amounts that they couldn't afford
    - banks and brokers, for lending large amounts to borrowers that the borrowers couldn't afford
    - fraud by borrowers on mortgage applications
    - fraud by banks and brokers on mortgage applications
    - investment banks creating overly complex CDOs to sell those mortgages to investors
    - credit-rating agencies giving these CDOs their safest AAA ratings when they are far riskier

  42. Re:Typical American Response. Ignore the real prob by Anonymous Coward · · Score: 0

    This is why. Many years ago, Texas has a good regulation. The regulation was based on the idea that a persons home was not a liquid asset, but a vital possession. As such, texas allowed a person a great deal of protection to keep the home. The taxes would be fixed after 65. Your home could not be easily foreclosed or taken in a bankruptcy. In many jurisdictions taxes are easily disputed so people would not lose their houses due to excessive taxes.

    If you owe me $200,000 and you have a $200,000 house, why should I be the one stuck with the bad debt? Why are you somehow morally and ethically superior to me?

    And what is so magic about age 65? That is fundamentally unfair - tax the seniors the same as everyone else. If the local municipality needs a certain amount of revenue to run their operations, everyone should share the pain (and complain about it, and vote for changes).

  43. Re:Typical American Response. Ignore the real prob by alexander_686 · · Score: 2, Informative

    Umm, in America you normally have mortgage insurance unless you put 20% down.

  44. Re:Typical American Response. Ignore the real prob by ShakaUVM · · Score: 1

    >>Too many Americans still ignorantly believe that the mortgage crisis was accidental!

    No way.

    The mortgage crisis was entirely caused by the fact that our loan operators didn't have fingerprints taken, and so when they skipped out of town, there was no way for the lendees to track them down to pay them back.

    This bill will finally solve the problem of deatbeat lenders who don't want to get paid back.

    Amen!

  45. Mirrored surveillance is no solution to this mess by Anonymous+Brave+Guy · · Score: 3, Insightful

    Mirrored surveillance will never be a complete solution to the Big Brother problem, for the simple reason that power to act on the information is not equal on both sides. You can write a blog post about how unfair some cop busting you was, but you're still spending the night in jail and he's still at work the next day. The authorities, on the other hand, can abuse information to set you up, and you're still spending the night in jail and they're still at work the next day. Whichever side appears to have the information upper-hand, you're the loser.

    Remember, you (assuming you're in the US) have a president who thinks your constitution is scrap paper and is busily ignoring it whenever it suits his purposes. We're not doing any better here in the UK: we have a Prime Minister who gained the office on an almost unbelievable series of political technicalities and has no popular mandate, who is busily trying to push through lots similarly abusive and unpopular legislation. Everyone who watches the news or reads a paper knows this, but what good does it do when there is now way to remove such people from office, or put them in a court where they must defend their actions or face the consequences?

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  46. Re:Typical American Response. Ignore the real prob by ShakaUVM · · Score: 1

    The problem wasn't increasing loans to minorities, per se, but increasing loans to people classified as sub-prime (of which there is some correlation with minorities).

    It was one of Clinton's last gifts to us that his administration began pressuring banks to issue sub-prime loans.

    Of course, it isn't politically correct to criticize political correctness, so it's all blamed on the banks.

  47. Well, la-dee-dah. by Forbman · · Score: 1

    I work for a loan servicing company that is owned by one of the major NY brokerage/investment banks. As such, part of working for an SEC-regulated company means getting an official fingerprint card made with your fingerprints on it, per SEC regulations...

    So, is the SEC regulating mortgage originators? Hmm... might as well, as mortgages are still being packaged up into financial securities...

  48. Re:Typical American Response. Ignore the real prob by Forbman · · Score: 1

    or a double mortgage... 80% is main mortgage, and the rest covered by a 2nd, all to avoid paying a little bit of PMI. The interest on the 2nd is gonna be a couple percentage points higher, at least, compared to the primary mortgage...

    Stepping over a dollar to pick up a dime...

  49. Re:Typical American Response. Ignore the real prob by GISGEOLOGYGEEK · · Score: 1

    Greed is the job of the banks?

    Funny when I was a kid, the bank was a place where you put your cash for safe keeping, where they paid you for the privilege of using your money while they kept it safe.

    20 years later and just about the only bank that actually does the above is ING Direct ... high interest, no service charges. The bank i grew up with went from paying me interest on every penny I had with them to giving me nothing unless I have 60,000+ in my account, and dinging me with charges every time i inhale ... as well as making it take as long as possible to transfer money in and out of ING Direct.

    --
    George Bush + Linux = "I will not let information get in the way of the fight against Windows"
  50. Re:Typical American Response. Ignore the real prob by GISGEOLOGYGEEK · · Score: 1

    BULLSHIT.

    Are you really so gullible as to believe those lies? And you have no clue if you think 'interest-only' loans were the worst of it. Some mortgage lenders were giving out mortgages where your principle increased each month ... supposedly not as fast as the market value of your home increased, cuz markets never change direction right?

    And I havent even touched upon the misleading deals where interest rates ramped up over time far beyond following the prime rate.

    --
    George Bush + Linux = "I will not let information get in the way of the fight against Windows"
  51. Fingerprinting the population (via the) backboor by cheros · · Score: 1

    It appears the US has taken a page out of the UK 1984 manual. In the UK, ID cards would "not be compulsory", but nothing will work without.

    I think those who propose this stuff should get the same treatment as meted out to the German Minister of Justice by the Chaos Computer Club.

    There IS a use for biometrics, but it's not by storing it in a large data bank.

    --
    Insert .sig here. Send no money now. Owner may sue, contents will settle. Batteries not included.
  52. Government is causing most of the problems by dreamchaser · · Score: 1

    Property taxes should be fixed the moment the house is purchased, at the price it was purchased at. Here in Allegheny County PA we face a constant stream of 'reassessments' every time they want more money but can't get a millage rate increase passed. If I bought a house for $50,000 in 1965 I should pay taxes on a $50,000 house.

    As for this mortgage 'crisis' (it really isn't one other than to the lenders, a very small percentage face forclosure) it WAS largely created by pressure from the Government to write more subprime loans. The Banks make a good scapegoat for Congress to point to though.

    The situation with oil is much the same. Congress prevents building new refineries and drilling for domestic oil, AND take a larger % of profit in the form of taxes than the oil companies do. Who gets the blame though? That's right, the oil companies.

    Congress loves playing shell games with us and we keep on buying their BS>

  53. Next week by Fuzzums · · Score: 1

    They want your DNA to prevent - errr - INCOME FRAUD!

    Really. We're PAST the level already of spying on your citizens that the East-German Stazi had reached.

    --
    Privacy is terrorism.
  54. Fingerprint who? by Wowsers · · Score: 1

    How about fingerprinting lobyists so we see who's REALLY behind crackpot laws that get pushed through our respective governments.

    --
    Take Nobody's Word For It.
  55. When in doubt, blame the poor by Nicolas+MONNET · · Score: 2, Insightful

    The feds didn't demand anything, this is complete BS. This crisis is just the result of the financial system lobbying for and obtaining the relaxing of regulations.
    Said regulations were enacted initially as a result of the 1929 crisis; when they got turned off, well, no surprise, what was supposed to happen, happened.

  56. Oregon Realtors by Anonymous Coward · · Score: 0

    Everyone who applies for a real estate license in the state of Oregon already has to submit fingerprints.

  57. California already does this by Anonymous Coward · · Score: 2, Interesting

    Interestingly enough, California already does this. When I got my real estate license 5 years ago I was required to submit LiveScan fingerprints to them. And last year when I began working for a government contractor I initially was declined a security clearance because my fingerprints came up in a DOJ database. Had to argue with them to stop and actually look at WHY the fingerprints were in there to begin with. They just assumed that because my fingerprints were on file with the DOJ it was due to something criminal. On another note, consider that I originally filed my fingerprints as part of a STATE licensing requirement. They then showed up in the Department Of Justice's files even though I had never been fingerprinted before for any other reason other than a drivers license. Why does the federal government get access to my fingerprints even though I have never been convicted of a crime? They are consolidating information on every single one of us.

  58. Re:Typical American Response. Ignore the real prob by urbanrealtor · · Score: 1

    I am not sure what reminiscing about the good ol days has to do with the question at hand. To clarify on my statement (which may have been too much of a shorthand for some) the purpose of banks is to make money through investing large percentages of deposited money. Also, the easy interest banks gave back then is part of the reason many of those banks do not exist any more. My family, who has been doing real estate since the potato famine (that is not an exaggeration) hated the older interest practices of banks because the high rates meant that most folks in the US could not afford almost any credit regardless of borrowing history. However if you would like to just go off and tell me about the good old reagan and thatcher years and complain about the evil bank be my guest. I think we will both agree they need either better hedges against risk (eg:enhanced reserve requirements or double-backed credit ratings) or just better regulation. I am one of a rather small group of real estate professionals who would argue that. Also, fingerprinting is still a really helpful practice.

  59. Re:Typical American Response. Ignore the real prob by Anonymous Coward · · Score: 0
    The government pressure to increase home sales by using subprime loans did exist. What also existed was a huge excess in capital looking for investment. This capital, held by people with more cash than sense, funded the tech bubble. The banks seeing an excess in capital, and the pressure of subprime loans, created unnecessarily complex financial instruments which we now know existed only to transfer risk away from banks, and hide said risk from investors. Banks were then free to create loans will little risk to themselves, and therefore little incentive to conduct any due diligence. No one forced the banks to approve fraudulent loans.

    The correlation with minorities, again, is suspect as much of the problems comes from speculation, not individuals trying to buy a house. For instance, Houston which is about 1/3 white, 1/3 hispanic and 1/3 black has only a 6% foreclosure rate, although it was a one of the highest subprime rates in the country. Tulsa, OK, OTOH, with a 60%+ white demographic has a nearly 9% foreclosure rate, with similar subprime loans and job losses. Much of the high foreclosure areas are places like newyork, california, florida, illinois, and other places where speculators were given huge loans to flip property. There has been more than one story in which people were allowed to accumulate million dollar debts with little or no visible means of support.

    This has nothing to do political correctness, but merely personal responsibility. Those with ethics take responsibility for thier actions, those without blame others. Even Bush beat the subprime drum to homeownership, and in fact has shown the only discrimination to class, if not race. He was willing to bail out wall street, but not the common homeowner.

    In fact the only person who has a rational approach, at least prior to gaining the presidential nomination, was John McCain. Let the chips fall where they may, let the foreclosures happen, let the banks write off their bad decisions, and then clean up the mess afterwards. Evidently such a plan would have negatively effected his white working class base, as he now, one again, has flip flopped to another tune. If anything the rate of subprime loans appears to correlate with the percent of white population, not against it.

  60. Re:Typical American Response. Ignore the real prob by Valar · · Score: 1

    - that mortgage applicants actually have the income needed to support paying back the mortgage! DUHHH! - that a large enough down payment is made that if a small drop in the home's value happens, it won't eliminate the collateral the mortgage was secured on. (currently minimum 5% downpayment) - that if a downpayment is not significant (under 25%), the mortgage applicant must have mortgage insurance.
    On point one, mortgage companies want to do this-- most do. There is an impression out there that banks want foreclosure somehow. The truth is that banks lose a lot of money on special assets and loan officers at most institutions are rated on the percent of bad loans in their portfolio. Too many bad loans, you go out the door. In America, we have a heavy taxes on mortgages which are over 80% of the value of the house used as collateral. And have you ever heard of force placement of insurance? I have and it is standard policy amongst lenders when their collateral is not properly insured. If you want to know the real root of the mortgage crisis, it is people selecting inappropriate mortgages for themselves. Now, I know what you are thinking-- banks should stop these people! Well, banks don't have any control if you get a mortgage and then three or four years later, run up $30,000 in credit card debt. Banks don't have any control on if you don't save any money and then a year down the line lose your job and don't find another one. They can only make a prediction based on your ability CURRENT ability to pay. Your future actions are YOUR responsibility.
  61. Re:Mirrored surveillance is no solution to this me by Anonymous Coward · · Score: 0

    "but what good does it do when there is now way to remove such people from office"?

    Assuming you meant "no way" (/. posts must contain pedantry, I think? :) may I point you, since you're in the UK, to your ruler and mine, Her Majesty Queen Elizabeth?

    And Google "Gough Whitlam" while you're at it.

    He was an Aussie PM who got fired, by the Governor General of Australia (the represent of, you guessed it, the Queen).

    So your Queen should have the power to remove a minister from office, because our representative of her, here in Australia, acting on the Queens authority as Queen of the Commonwealth of Australia sure does. iirc, IANALOH (Or Historian) :)

  62. Re:Mirrored surveillance is no solution to this me by Anonymous+Brave+Guy · · Score: 1

    So you think the solution to having an unelected Prime Minister that the people don't want is for the unelected Monarch to remove him?

    I'm not sure that fills me with confidence... :o)

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  63. Re:Typical American Response. Ignore the real prob by Abcd1234 · · Score: 1

    "that a large enough down payment is made that if a small drop in the home's value happens, it won't eliminate the collateral the mortgage was secured on. (currently minimum 5% downpayment)"

    Uhh, what? 0% down loans are easily available in Canada, and have been for some time now. Or perhaps you just live in a different Canada than I do?

  64. Re:Typical American Response. Ignore the real prob by toddestan · · Score: 1

    And what is so magic about age 65? That is fundamentally unfair - tax the seniors the same as everyone else. If the local municipality needs a certain amount of revenue to run their operations, everyone should share the pain (and complain about it, and vote for changes).

    On the other hand, their Social Security benefits do not scale with inflation, so it would seem fair to me that their property tax burden also not scale as their home's price goes up from inflation. However, this is all moot anyway as the laws were changed.

  65. Anti-discrimination laws WERE a big part of it by Slashdot+Parent · · Score: 1

    2) All the anti-discrimination provisions of federal housing law are public. Try http://www.ftc.gov/bcp/edu/pubs/consumer/homes/rea08.shtm for a start. None of it has anything in it about lowering standards, only prohibiting discrimination. There is a difference between what is in the law vs. what is prudent business practice. Remember, even an accusation of discrimination is costly to a company, and to a small business (which many mortgage brokerages were), defending against an accusation could bankrupt the company.

    As a landlord, fair housing is something that I take very seriously. It's good business practice not only to avoid discrimination, but to avoid making people feel like they could have been discriminated against. That means things like accepting an application from anyone who cares to apply. If I were to tell someone, "Oh don't even bother applying. You'll never qualify," I might as well just write a check for $10k to my attorney right then and there.

    The same thing happens with mortgage brokers. They've got their compliance officers saying, "Take an app from anybody!" and "If they qualify for any mortgage, even if it is an expensive one, you must tell them!" That's life in this overly-litigious country.

    3) People can accuse of discrimination all they want; if they can't prove it who cares? There's no way defending those cases would be as expensive to mortgage companies as having the loans blow up. This is false. Mortgage brokers suffer no financial consequences if the borrower defaults. But they are definitely on the hook when it comes to the Fair Housing Act.

    Look, there were a lot of reasons that the meltdown happened. The most basic reason was mispriced and misallocated risk. The market became inundated with new, complex products that were not well understood by anybody in the market.

    1. Consider the Option-ARM. How many borrowers really understood them? I understand them, and I've used them before. They are a great tool if you know what you are doing. But most mortgagors do not understand them.

    2. Then you have the mortgage borker/salesperson who is compensated by dollars lent. What a great incentive model to minimize risk, no? Especially since the broker bears no default risk. Especially since it's very easy to confuse an unsophisticated buyer with new, complex products.

    3. Then you have the actual lender. You'd think the lender assumes the default risk, but that is not the case after a certain time period (usually a year). Why? The lender is going to sell the loan anyhow and use the proceeds to make more loans. So the lender has no incentive to make sure the borrower can safely make more than 12 of his 360 payments. What a great business model to minimize risk, no?

    4. Then you have the secondary market makers who buy the loans from the lenders. They slice and dice them up, pool them together, and issue securities which they sell off to investors (and use the proceeds to purchase more loans). There are a dizzying array of different types of mortgage-backed securities out there of all different risk grades. Ultimately, the risks on many of them weren't well understood. When it became clear to investors in MBSs that they didn't understand what they were buying and if they were being correctly compensated for their risk, they dumped their MBSs and refused to buy any more. In fact, investors lost faith in much of the credit market and just stopped buying until the dust settled. That is the liquidity crunch that the fed has been working on.

    Summary: The mortgage market had serious issues at every level, and one big part of it is at the broker level and one big part of that is the Fair Housing Act. If the broker were to say, "Sorry, you don't qualify for a loan," when the buyer did in fact qualify for a loan (albeit an expensive one), that could be a costly mistake.
    --
    They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
  66. Baloney by Slashdot+Parent · · Score: 1

    That plan would put owning a house out millions of people's reach, I'm afraid. That's actually a load of crap.

    Look at California. All purchase money mortgages are non-recourse by statute. That means the bank's only recourse in the case of default is to foreclose on the asset. Could you please explain how this has decimated home ownership in CA?
    --
    They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock