Oct

23

Bill Cracks Down on Stated Income Loans

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Lack of income documentation on securitized subprime mortgages would allow borrowers to rescind the loan and recover transaction costs under a predatory lending bill introduced by House Democrats that comes down hard on stated income loans.

The bill is co-sponsored by North Carolina Congressmen Brad Miller and Mel Watt, creates a minimum national standard for mortgage originations that applies to all lenders and mortgage brokers. Securitizers would be required to conduct due diligence and sampling to detect possible lending violations.

The bill also creates a safe harbor provision and allows securitizers 90 days to cure a mortgage to avoid penalties. To qualify for the safe harbor, the loans must meet four basic standards: ability to repay, income documentation, a debt-to-income ratio not exceeding 50%, and disclosure of costs for insurance and taxes.

House Financial Services Committee Chairman Barney Frank, D-Mass, stressed that the assignee liability provision only applies to securitizers, not investors.

“The securitizers don’t have to guess what kinds of loans” would get them into trouble, Rep. Frank told reporters. “It is well spelled out in the bill.”

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