| that financial literacy is woefully inadequate. |
1 | 26 |
| Assuming that a written notice will overcome that, |
2 | 26 |
| no matter how plain language that is, is plainly |
3 | 26 |
| naive. |
4 | 26 |
| Second, is my personal observation |
5 | 26 |
| based on interactions with borrowers, counselors, |
6 | 26 |
| sheriffs, and attorneys, that borrowers are not |
7 | 26 |
| all economically rational actors. All due respect |
8 | 26 |
| to the economists in the room. Borrowers in |
9 | 26 |
| financial difficulty are, oftentimes, in denial |
10 | 26 |
| and they don't exercise all the options that are |
11 | 26 |
| available to them. They disregard or |
12 | 26 |
| misunderstand notices sent by their lenders and |
13 | 26 |
| servicers until too much time has passed to |
14 | 26 |
| recover from their predicament. |
15 | 26 |
| On the other hand, we are invariably |
16 | 26 |
| told by borrowers, counselors, and attorneys that |
17 | 26 |
| servicers report having absolutely no latitude to |
18 | 26 |
| make any modifications or forbearance available to |
19 | 26 |
| borrowers, when they request such action in an |
20 | 26 |
| effort to become current or remedy some other |
21 | 26 |
| aspect of the transaction. |
22 | 26 |
| Again, resorting to the research of |
23 | 26 |
| reports of Fitch, that's not true and I'll quote, |
24 | 26 |
| "Fitch currently rates numerous residential |
1 | 27 |
| mortgage-backed securities transactions that allow |
2 | 27 |
| the underlying collateral to be modified if |
3 | 27 |
| borrowers are having difficulty making their |
4 | 27 |
| monthly payments. A few transactions," and I |
5 | 27 |
| understand there are a few, "A few transactions |
6 | 27 |
| call for the full and immediate removal of |
7 | 27 |
| modified loans from the pool." |
8 | 27 |
| Third, in the subprime market |
9 | 27 |
| especially, mortgages are sold to consumers |
10 | 27 |
| through mortgage brokers. In the mind of the |
11 | 27 |
| borrower, there is no distinction between the |
12 | 27 |
| broker and the lender. Our experience suggests |
13 | 27 |
| that it is highly unusual for borrowers to shop |
14 | 27 |
| for mortgages. Oftentimes, borrowers aren't out |
15 | 27 |
| looking for money, but money's looking for them. |
16 | 27 |
| In Pennsylvania, although it's typical |
17 | 27 |
| that the borrower pays for the broker's service, |
18 | 27 |
| the broker does not have fiduciary duty to the |
19 | 27 |
| borrower. And that is a fact that's not |
20 | 27 |
| understood by the borrower. In the best case |
21 | 27 |
| scenario, the broker is a true professional who |
22 | 27 |
| helps the borrower understand and obtain a |
23 | 27 |
| mortgage product that best fits their needs; in |
24 | 27 |
| the worst case scenario, the broker sells the |
1 | 28 |
| product that is most advantageous to them. |
2 | 28 |
| In a significant civil rights case |
3 | 28 |
| brought by the Pennsylvania Human Relations |
4 | 28 |
| Commission, under the Pennsylvania Human Relations |
5 | 28 |
| Act, against a local mortgage broker, we learned |
6 | 28 |
| that the African-American broker targeted |
7 | 28 |
| African-American borrowers and sold them |
8 | 28 |
| remarkably disadvantageous subprime loans that |
9 | 28 |
| yielded far greater benefits to him than to his |
10 | 28 |
| customers. |
11 | 28 |
| Having testified as an expert in this |
12 | 28 |
| case, I can tell that you the hearing examiners |
13 | 28 |
| themselves needed help understanding the |
14 | 28 |
| complexity of the complainant's HUD-1 settlement |
15 | 28 |
| sheets and the borrowers seemed to comprehend even |
16 | 28 |
| less. What was salient to me, in speaking with |
17 | 28 |
| the respondent broker's customers, was that's |
18 | 28 |
| borrowers were especially susceptible to this |
19 | 28 |
| broker's sales pitch because of their desire to |
20 | 28 |
| help out a fellow African-American. |
21 | 28 |
| Fourth, although foreclosures have |
22 | 28 |
| declined locally from their peak levels in |
23 | 28 |
| 2002/2003 time frame, there are clear signs in the |
24 | 28 |
| 90-day delinquency data that there will be an |
1 | 29 |
| upturn. These foreclosures result in losses for |
2 | 29 |
| the borrowers and lenders/investors themselves. |
3 | 29 |
| Research conducted by TRF and EConsult |
4 | 29 |
| Corporation, commissioned by the Federal Reserve |
5 | 29 |
| Bank of Philadelphia, demonstrates that there is a |
6 | 29 |
| statistically demonstrable adverse effect of |
7 | 29 |
| mortgage foreclosures on local property markets. |
8 | 29 |
| In fact, after applying an appropriate set of |
9 | 29 |
| statistical controls, we found that each |
10 | 29 |
| foreclosure within 1/8 of a mile of a sale and one |
11 | 29 |
| to two years prior to that sale, reduces the value |
12 | 29 |
| of the home by one percent. In Philadelphia, the |
13 | 29 |
| typical home sale has four to five foreclosures |
14 | 29 |
| within the specified time and distance, and so it |
15 | 29 |
| is reduced by well more than five percent. |
16 | 29 |
| The implication of this is that |
17 | 29 |
| everyone in the area has lost some of the wealth |
18 | 29 |
| that they might have otherwise accumulated as the |
19 | 29 |
| value of real estate appreciates. What's |
20 | 29 |
| interesting to consider about this, is that even |
21 | 29 |
| if the lender/investor and borrower agree that |
22 | 29 |
| they want to compare the risk of the transaction |
23 | 29 |
| it is borne by others. |
24 | 29 |
| GOVERNOR OLSON: Ira, let me stop you |
1 | 30 |
| there. We'll have plenty of opportunity. I think |
2 | 30 |
| your experience is relevant, and we'll want to |
3 | 30 |
| hear more. |
4 | 30 |
| Peter, I want to come back to the point |
5 | 30 |
| that you were making, if you can -- I'm sure you |
6 | 30 |
| can -- it's the difference, the unexplainable |
7 | 30 |
| difference, the APR differences that are |
8 | 30 |
| unexplainable based on risk, and Doug can amplify |
9 | 30 |
| his comments about the compression that's taking |
10 | 30 |
| place, but the extent to which you can quantify or |
11 | 30 |
| clarify how that distinction comes about, |
12 | 30 |
| particularly in this context we're talking about, |
13 | 30 |
| the different channels. So it would be |
14 | 30 |
| interesting to hear any further application you |
15 | 30 |
| have on that issue. |
16 | 30 |
| MR. ZORN: I'll just make a couple |
17 | 30 |
| points. So, if you look at the characteristics |
18 | 30 |
| that, presumably, you would like to think as an |
19 | 30 |
| economist, would explain differential pricing, |
20 | 30 |
| above and beyond those characteristics that you |
21 | 30 |
| see in the HMDA data. As you add credit risk |
22 | 30 |
| variables and loan product characteristics, which |
23 | 30 |
| will affect prepayment and interest rate risk, |
24 | 30 |
| then you do explain much of the difference between |
1 | 31 |
| -- again, on average we're talking about a |
2 | 31 |
| regression here -- between the APR that we see in |
3 | 31 |
| the subprime market and within the prime market, |
4 | 31 |
| but you're focusing within the subprime market. |
5 | 31 |
| It doesn't explain everything, and one of the |
6 | 31 |
| things that we haven't -- we looked at other data, |
7 | 31 |
| which -- these are -- that's the result of |
8 | 31 |
| analysis that we've done on 2005 origination. So |
9 | 31 |
| it's fairly recent data. |
10 | 31 |
| The other data that we've looked at are |
11 | 31 |
| older data in the earlier part of this decade, |
12 | 31 |
| where we have additional information, more about |
13 | 31 |
| people's financial education, financial knowledge, |
14 | 31 |
| and actual propensities to shop, to pick up on |
15 | 31 |
| Doug's point, and as you start to add those |
16 | 31 |
| additional variables, you start to come close to |
17 | 31 |
| eliminating, statistically, the differences you |
18 | 31 |
| see in pricing and channel choice between |
19 | 31 |
| minorities and non minorities. |
20 | 31 |
| So it gets to the point that Doug was |
21 | 31 |
| raising, why do you see these differences? |
22 | 31 |
| Certainly, part of it is, in my observation, |
23 | 31 |
| having to do with how -- people's financial |
24 | 31 |
| knowledge and sophistication; part of it has to do |
1 | 32 |
| with their shopping behaviors. That is, I think, |
2 | 32 |
| generally speaking, subprime borrowers will shop |
3 | 32 |
| for a yes or a low payment; prime borrowers tend |
4 | 32 |
| to shop for a low rate or a lower price, which is |
5 | 32 |
| a different story. |
6 | 32 |
| GOVERNOR OLSON: Should we add a |
7 | 32 |
| behavioral economist to the group? |
8 | 32 |
| MR. ZORN: I think that is a |
9 | 32 |
| possibility. The marketing behaviors as well, I |
10 | 32 |
| mean, subprime lenders, there's much more push |
11 | 32 |
| marketing on the subprime side. And then the |
12 | 32 |
| other part is, there's, I think, traditions, |
13 | 32 |
| knowledge, exposures. So I think you have people |
14 | 32 |
| who -- subprime lenders are in certain |
15 | 32 |
| neighborhoods and are the lenders that people are |
16 | 32 |
| familiar with, and that creates a momentum and a |
17 | 32 |
| tradition to follow that path, even if they're not |
18 | 32 |
| certain it's the right path. |
19 | 32 |
| GOVERNOR OLSON: Doug, a couple of |
20 | 32 |
| points that you made, number one, the compression |
21 | 32 |
| of the rates between the subprime and prime |
22 | 32 |
| product, and I wonder how much of that is based on |
23 | 32 |
| the fact that we're in an overall lower rate |
24 | 32 |
| environment, but I'm also interested in, if you |
1 | 33 |
| could amplify if you would, on the explosion in |
2 | 33 |
| the numbers of applications, and some of the |
3 | 33 |
| implications of that seems to me that in a time, |
4 | 33 |
| or unquestionably, we are seeing an increase in |
5 | 33 |
| the number of products, and to come to a point |
6 | 33 |
| that Janice touched on a little bit, the |
7 | 33 |
| difference -- the enhancements that are available |
8 | 33 |
| because of the additional ways that we have of |
9 | 33 |
| approving, or at least evaluating, products. |
10 | 33 |
| And then, so, we have the two things |
11 | 33 |
| that are happening simultaneously. We have growth |
12 | 33 |
| in the marketplace and additional complexity. How |
13 | 33 |
| do you see that impacting, either the need for |
14 | 33 |
| education, or the results that we see in terms of |
15 | 33 |
| foreclosures or delinquencies? |
16 | 33 |
| MR. DUNCAN: Let me talk to the spread |
17 | 33 |
| issue first. The spread issue in the secondary |
18 | 33 |
| market, those are pretty available publicly and |
19 | 33 |
| pool differences, price differences have been |
20 | 33 |
| narrowing. To buttress that, we have a series of |
21 | 33 |
| subprime companies that provide us with |
22 | 33 |
| performance data, and over the last five years |
23 | 33 |
| we've seen -- to use the way economists look at |
24 | 33 |
| this to see if companies in different market |
1 | 34 |
| segments or infrastructures are being equally |
2 | 34 |
| compensated, the risk adjusted rate of return to |
3 | 34 |
| capital among the subprime lenders has declined |
4 | 34 |
| continually to where it's almost exactly the same |
5 | 34 |
| as prime borrowers. |
6 | 34 |
| GOVERNOR OLSON: Stick with that, |
7 | 34 |
| because the subprime and prime borrowers, the |
8 | 34 |
| rates, if you take the yields, not the yield |
9 | 34 |
| spread, the yield, and if you adjust for cost, the |
10 | 34 |
| return on capital is about the same for the prime |
11 | 34 |
| and non-prime markets. |
12 | 34 |
| MR. DUNCAN: That's correct. That was |
13 | 34 |
| not true five years ago, but it is true today. |
14 | 34 |
| GOVERNOR OLSON: Talk about the other |
15 | 34 |
| side of that, the explosion of the market. Could |
16 | 34 |
| you repeat those statistics again, the number of |
17 | 34 |
| applicants. |
18 | 34 |
| MR. DUNCAN: We were just looking at |
19 | 34 |
| the HMDA data for home purchase loans. In 2000, I |
20 | 34 |
| believe there were 8.3 million applications. |
21 | 34 |
| These are HMDA data. In 2004, there were 9.8 |
22 | 34 |
| million applications. |
23 | 34 |
| GOVERNOR OLSEN: So you added about a |
24 | 34 |
| million and a half applications in that time |
1 | 35 |
| frame. |
2 | 35 |
| MR. DUNCAN: Yeah. At the same time, |
3 | 35 |
| as you point out, there's been a tremendous |
4 | 35 |
| expansion in the number of loan products. Our |
5 | 35 |
| view of how this occurred is a couple of things. |
6 | 35 |
| One is, obviously, a declining interest rate |
7 | 35 |
| environment in general. Although, in 2004 rates |
8 | 35 |
| were up from 2003; they were down from 2000. |
9 | 35 |
| In the midst of that, there has |
10 | 35 |
| undergone a tremendous technological change in the |
11 | 35 |
| mortgage business. Underwriting tools are |
12 | 35 |
| available and cut out the most expensive piece of |
13 | 35 |
| the credit assessment process. The |
14 | 35 |
| electronification of the entire mortgage process |
15 | 35 |
| has reduced hurdle costs in the industry. The |
16 | 35 |
| ability to use sophisticated yield estimation |
17 | 35 |
| tools by investors has brought in more capital. |
18 | 35 |
| All of these things have lowered the hurdle cost |
19 | 35 |
| rate, which would make a borrower who was credit |
20 | 35 |
| constrained, a viable candidate for a loan. |
21 | 35 |
| As the cost structure has fallen within |
22 | 35 |
| the industry, it's not as though there have never |
23 | 35 |
| been credit constrained borrowers before; it's |
24 | 35 |
| just that the cost hurdle to make them profitable |
1 | 36 |
| to lend to, has fallen, opening the door to those |
2 | 36 |
| households. At the same time, you have those all |
3 | 36 |
| implicated products, which absolutely make more |
4 | 36 |
| critical that there be a high level of disclosure |
5 | 36 |
| of how loans behave, that is, how payments change. |
6 | 36 |
| If it is a loan that has payment change, and what |
7 | 36 |
| the different strengths and weaknesses of the |
8 | 36 |
| different loan products are for an individual |
9 | 36 |
| household. |
10 | 36 |
| Back on what Peter was saying, the |
11 | 36 |
| strength of shopping among credit constrained |
12 | 36 |
| borrowers is not the same as it is among the prime |
13 | 36 |
| borrowers, so that heightens the need for |
14 | 36 |
| financial literacy. |
15 | 36 |
| MR. COLLINS: Could you tell us how |
16 | 36 |
| you're defining subprime? |
17 | 36 |
| MR. DUNCAN: That's always the |
18 | 36 |
| question. And there's not a generally accepted |
19 | 36 |
| definition. What we always do is, we require the |
20 | 36 |
| respondents to sell to us, that is, the companies |
21 | 36 |
| who provide us data, do you view yourself as a |
22 | 36 |
| subprime lender or a prime lender, and then |
23 | 36 |
| distribute the prime and subprime loans within |
24 | 36 |
| your portfolio. |
1 | 37 |
| GOVERNOR OLSON: Janice, we, at the |
2 | 37 |
| Fed, have become increasingly conscious of the |
3 | 37 |
| difference in cost in clearing checks between |
4 | 37 |
| checks that can be cleared electronically and |
5 | 37 |
| checks that are cleared manually, and the cost |
6 | 37 |
| difference is significant, and, of course, you |
7 | 37 |
| take that and you apply it to mortgage processes, |
8 | 37 |
| which is back to the point you were making, a very |
9 | 37 |
| important point, the efficiencies available |
10 | 37 |
| through the consolidation of credit data, such as |
11 | 37 |
| a credit score, obviously improve the efficiency |
12 | 37 |
| of that system; it gets passed down one way or |
13 | 37 |
| another. And yet, I think the market needs to be |
14 | 37 |
| aware, not only of the Latino borrowers, but many |
15 | 37 |
| other minority groups, whose pattern or habits or |
16 | 37 |
| culture falls outside of the norm, and yet, the |
17 | 37 |
| availability of homeownership and homeownership |
18 | 37 |
| mortgage products ought to be available. |
19 | 37 |
| Talk more about that issue from your |
20 | 37 |
| perspective, as to how we can bridge that gap and |
21 | 37 |
| how we can deal with the borrowers that fall |
22 | 37 |
| outside of the most efficient channels. |
23 | 37 |
| MS. BOWDLER: I think the work on this |
24 | 37 |
| has actually been done. The products just aren't |
1 | 38 |
| used. I know, for example, Fannie Mae and Freddie |
2 | 38 |
| Mac have products that allow for no credit scores |
3 | 38 |
| and the documenting of untraditional credit |
4 | 38 |
| history. |
5 | 38 |
| Two other major underwriting barriers |
6 | 38 |
| are, not being able to verify income or assets |
7 | 38 |
| and/or not being able to verify employment. For |
8 | 38 |
| example, it's really common for low wage workers |
9 | 38 |
| that you might have had consistent employment in |
10 | 38 |
| two years, but there could be gaps in that if some |
11 | 38 |
| of that was cash income, especially in the |
12 | 38 |
| construction industry. So there are products out |
13 | 38 |
| there that account for that. |
14 | 38 |
| GOVERNOR OLSON: We have this |
15 | 38 |
| dichotomy. On the one hand, you have products |
16 | 38 |
| that are naturally suited, the stated income |
17 | 38 |
| products, which fit that, but on the other hand, |
18 | 38 |
| it's the stated income product which also allows |
19 | 38 |
| for -- unlike the conforming product, Peter, |
20 | 38 |
| Freddie and Fannie, that's always sold in the |
21 | 38 |
| secondary market, you have a product that allows |
22 | 38 |
| for it, but on the other hand, there's a wide |
23 | 38 |
| range of -- there's opportunity for abuse with |
24 | 38 |
| that product, to put it mildly. |
1 | 39 |
| MS. BOWLDER: Right. And we see a lot |
2 | 39 |
| of abuse with that product. I think one of the |
3 | 39 |
| important things for us is that the products are |
4 | 39 |
| available to answer the needs of those clients, |
5 | 39 |
| there's just not much incentive to use them and |
6 | 39 |
| they cost more. So, our view of proprietary data, |
7 | 39 |
| through partner financial institutions, shows that |
8 | 39 |
| they're making this review of data from the |
9 | 39 |
| northeast, southeast, East Coast corridor. They |
10 | 39 |
| weren't making more than five loans a market that |
11 | 39 |
| use nontraditional credit history or have zero |
12 | 39 |
| credit scores. They're very, very little. When |
13 | 39 |
| they held them in portfolio, they priced them |
14 | 39 |
| higher. When they sold them to Fannie or Freddie, |
15 | 39 |
| they were priced more conventionally, but either |
16 | 39 |
| way, it still took more work for them to do. They |
17 | 39 |
| just had no one to tell them to do that. It's |
18 | 39 |
| easier and more profitable to refer them to the |
19 | 39 |
| subprime market where they'll get into a stated |
20 | 39 |
| income loan, or they have somebody there that, |
21 | 39 |
| maybe, is more willing to take the time to go |
22 | 39 |
| through the manual process. |
23 | 39 |
| GOVERNOR OLSON: Ira, you talked about |
24 | 39 |
| the wide range of -- the growing, increasing |
1 | 40 |
| difficulty of understanding, and there again, |
2 | 40 |
| you've got multiple factors impacting that. On |
3 | 40 |
| the one hand, you've got a much wider range of |
4 | 40 |
| products, which allows for more product and you |
5 | 40 |
| have a much more avaricious secondary market, |
6 | 40 |
| we'll want to come back to that with both Doug and |
7 | 40 |
| Peter, and on the other hand, a larger number of |
8 | 40 |
| borrowers, many of them first-time, and, perhaps, |
9 | 40 |
| lesser educated, a lot of societal value in that |
10 | 40 |
| but also some real risks in that. So could you |
11 | 40 |
| talk about both sides of that and how you see |
12 | 40 |
| that? |
13 | 40 |
| MR. GOLDSTEIN: On the risk side, I |
14 | 40 |
| think something that Mr. Duncan said, the cost |
15 | 40 |
| turner would make cost experience more profitable |
16 | 40 |
| to lend to has declined, and I think that the last |
17 | 40 |
| piece of research that I mentioned in my comments |
18 | 40 |
| is relevant to that, and that is, the costing |
19 | 40 |
| trend to lend to that group has declined and that |
20 | 40 |
| is something that, sort of, works out for the |
21 | 40 |
| borrower and the lender, but that's a |
22 | 40 |
| risk-adjusted cost, and that means that the |
23 | 40 |
| lenders are being compensated for the risk of the |
24 | 40 |
| daily return of that loan. That's a deal between |
1 | 41 |
| the borrower and the lender. That's not a deal |
2 | 41 |
| between me the neighbor of that borrower and that |
3 | 41 |
| lender. |
4 | 41 |
| What our research shows is that there |
5 | 41 |
| is a substantial and statistically significant, if |
6 | 41 |
| properly done, controlled difference, an adverse |
7 | 41 |
| effect of when the borrower and lender get into |
8 | 41 |
| that risk adjusted agreement, assuming the |
9 | 41 |
| borrower even understands that agreement. |
10 | 41 |
| On the upside, definitely, if you look |
11 | 41 |
| at homeownership rates, and they have increased, |
12 | 41 |
| if you look at the demographic groups for whom |
13 | 41 |
| homeownership has increased, there's certainly -- |
14 | 41 |
| the rates, although not equal, have grown much |
15 | 41 |
| faster among minority group members, and in local |
16 | 41 |
| markets like Philadelphia, they're much greater |
17 | 41 |
| among low-income markets. So the benefits are |
18 | 41 |
| clearly there. However, the risks are great and, |
19 | 41 |
| really, should be seen in tandem between those |
20 | 41 |
| benefits. |
21 | 41 |
| MS. BRAUNSTEIN: I'd like to get back |
22 | 41 |
| to the channels and the shopping a little bit. |
23 | 41 |
| One of the things that we saw, that everybody saw |
24 | 41 |
| in the 2004 HMDA data, which was that minorities |
1 | 42 |
| are more likely to get loans from subprime |
2 | 42 |
| lenders. And we talked a little bit about this |
3 | 42 |
| today, but it seemed like Doug, in particular, |
4 | 42 |
| was, it's the consumers who need to do better |
5 | 42 |
| about shopping and looking around, but I'd also |
6 | 42 |
| like to, also, explore the flip side of that. I |
7 | 42 |
| mean, how good a job are the prime lenders doing, |
8 | 42 |
| in terms of reaching out to minority communities? |
9 | 42 |
| Is that part of the issue too? Is it just that |
10 | 42 |
| the consumers aren't educated enough to go to |
11 | 42 |
| prime lenders, or are the prime lenders not trying |
12 | 42 |
| to market those opportunities in minority |
13 | 42 |
| neighborhoods as well as they should? |
14 | 42 |
| MR. DUNCAN: We did a survey of a |
15 | 42 |
| thousand people who bought homes. This was in |
16 | 42 |
| 1999, so it's a little bit dated. And in it, we |
17 | 42 |
| asked a couple things. We asked, "How did you |
18 | 42 |
| start the process of information gathering?" |
19 | 42 |
| Because that was a point in time when people were |
20 | 42 |
| really starting to focus on outreach to minority |
21 | 42 |
| borrowers, in particular. When we ask companies |
22 | 42 |
| anecdotally, "How do you market to different |
23 | 42 |
| minority groups?" They say, "Well, we spend a lot |
24 | 42 |
| of money on marketing." And so, we say, "But |
1 | 43 |
| where do you spend it?" Whey say, "Well, we spend |
2 | 43 |
| a lot of money on marketing." So then, we say, |
3 | 43 |
| "Well, do you know if anyone's listening?" |
4 | 43 |
| So, when we conducted the survey, found |
5 | 43 |
| some very interesting things. What we found was |
6 | 43 |
| that if you were speaking to Asians over the |
7 | 43 |
| television, they weren't listening. If you were |
8 | 43 |
| speaking to the Hispanics through the newspapers, |
9 | 43 |
| they weren't reading it. There was, within the |
10 | 43 |
| Hispanic community, a dramatic difference that |
11 | 43 |
| that relationship had, within family and church |
12 | 43 |
| and things like that, on where they gathered their |
13 | 43 |
| information on the mortgage process. With the |
14 | 43 |
| African-American community, things like housing |
15 | 43 |
| fairs on television were more effective. White |
16 | 43 |
| population was, sort of, all over the mark. |
17 | 43 |
| Asians very much gathered information through the |
18 | 43 |
| newspaper. |
19 | 43 |
| So we took that back to the industry |
20 | 43 |
| and said, you need to think about, in your |
21 | 43 |
| outreach, that you are spending your resources and |
22 | 43 |
| attempting to reach the customer in a way that the |
23 | 43 |
| customer isn't listening. So there's been change |
24 | 43 |
| based on some early lack of investigation. |
1 | 44 |
| MS. BRAUNSTEIN: And Janice, can you |
2 | 44 |
| comment from your perspective. Do you think |
3 | 44 |
| that's true; has there been change in that? |
4 | 44 |
| MS. BOWDLER: I think there has been |
5 | 44 |
| some change, but part of that is the qualitative |
6 | 44 |
| piece to what they are marketing. I've been on a |
7 | 44 |
| little project lately, where I've been gathering |
8 | 44 |
| all the Spanish language newspapers that I can and |
9 | 44 |
| listening to the Spanish radio. And for months |
10 | 44 |
| now, the only thing that's advertised in the Casa |
11 | 44 |
| Sections of the Spanish language press, are option |
12 | 44 |
| mortgages, one hundred percent financing, and |
13 | 44 |
| stated income loans, with your documents, without |
14 | 44 |
| your documents, with proof of income, without |
15 | 44 |
| proof of income. |
16 | 44 |
| Recently, I've seen several mainstream |
17 | 44 |
| prime lender advertising -- two, I saw two, but |
18 | 44 |
| they were advertising these same products. They |
19 | 44 |
| were not advertising the 30-year fixed products |
20 | 44 |
| that they advertise in the Washington Post. It's |
21 | 44 |
| the same on Spanish language radio. Although, |
22 | 44 |
| it's much more broker focused. |
23 | 44 |
| That's anecdotal, but this is also what |
24 | 44 |
| I hear from the counselors, whose great |
1 | 45 |
| competition are the brokers and the subprime |
2 | 45 |
| lenders, because counselors tell you, you've got |
3 | 45 |
| to wait six months, and somebody else will tell |
4 | 45 |
| you, if you want a loan, like other people have |
5 | 45 |
| said, you can find a loan. What their experience |
6 | 45 |
| has been, is that they will market to the Latino |
7 | 45 |
| client, these products that have the lower initial |
8 | 45 |
| down payments that then rise later, and they're |
9 | 45 |
| not marketing the same kind of products as they're |
10 | 45 |
| marketing to the other communities. And they're |
11 | 45 |
| certainly not marketing the conventional Fannie, |
12 | 45 |
| Freddie, nontraditional credit history products |
13 | 45 |
| that are available. |
14 | 45 |
| MR. CHANIN: Let me follow something up |
15 | 45 |
| with Peter. How you view this issue dictates, to |
16 | 45 |
| some extent, what you view the solution to this |
17 | 45 |
| issue or problem is. One of the things you |
18 | 45 |
| mentioned is, the HMDA data clearly shows there's |
19 | 45 |
| a disparity, in terms of the percentage of |
20 | 45 |
| minority versus non-minority borrowers and higher |
21 | 45 |
| priced loans. And you cautiously -- your lawyers |
22 | 45 |
| must have advised you -- you cautiously said, much |
23 | 45 |
| of this difference is explained by risk factors. |
24 | 45 |
| My question is, can you quantify the percentage of |
1 | 46 |
| factors that are explained by credit score, loan |
2 | 46 |
| value, or other materials? Is it 40 percent, or |
3 | 46 |
| 80 percent, or 30 percent of that data that |
4 | 46 |
| explain those differences, in terms of rates |
5 | 46 |
| received? |
6 | 46 |
| MR. ZORN: Sure. Let me put some |
7 | 46 |
| qualifiers in front of this. What I will give |
8 | 46 |
| you, is on the basis of the data that we are |
9 | 46 |
| currently using, so this is an A sample, large |
10 | 46 |
| sample, subprime lenders. But for the data that |
11 | 46 |
| we're looking at, we can get odds, ratios, APRs |
12 | 46 |
| down to within, sort of, 1.2. So, starting from |
13 | 46 |
| the odds ratio of 3 to 1 for differential APRs in |
14 | 46 |
| raw data, between minorities and non minorities, |
15 | 46 |
| we can get it down to, sort of, a 1.2 kind of |
16 | 46 |
| range. Of course, we have ability plus |
17 | 46 |
| observations, so any difference is statistically |
18 | 46 |
| significant. I'm not saying that that difference |
19 | 46 |
| is not, also, economically significant, but it's |
20 | 46 |
| substantially smaller. |
21 | 46 |
| MR. COLLINS: Peter, if I could ask a |
22 | 46 |
| question. In your look at the higher APRs for |
23 | 46 |
| minority borrowers, do they have an adequate |
24 | 46 |
| understanding of their credit profile and credit |
1 | 47 |
| scores? Do they know whether or not they can |
2 | 47 |
| qualify for prime credit? If they come in through |
3 | 47 |
| the subprime channel, do they get to the prime |
4 | 47 |
| channel? And secondly, getting back to the |
5 | 47 |
| marketing piece of it, do they approach lenders |
6 | 47 |
| with the higher rates based on advertising in the |
7 | 47 |
| market? If they have sufficient understanding, is |
8 | 47 |
| their financial literacy around credit scores and |
9 | 47 |
| what they would actually qualify for? |
10 | 47 |
| MR. ZORN: I guess the short answer is |
11 | 47 |
| no, but I guess -- but it's more -- we have no one |
12 | 47 |
| killer data source. So we've got 2005 data where |
13 | 47 |
| we've got a lot of detailed credit information, |
14 | 47 |
| but not survey data where we know a lot about |
15 | 47 |
| their financial knowledge. We've got financial |
16 | 47 |
| knowledge and survey data back from three or four |
17 | 47 |
| years ago. And this is a rapidly evolving market |
18 | 47 |
| as everyone is describing. |
19 | 47 |
| But what's certainly true, is that when |
20 | 47 |
| you ask people -- so in our survey data, which is |
21 | 47 |
| several thousand borrowers, and you ask people -- |
22 | 47 |
| we gave them a little financial quiz, essentially, |
23 | 47 |
| and asked a bunch of questions that we thought |
24 | 47 |
| would be relevant for someone who was financially |
1 | 48 |
| knowledgeable, and then also asked them to |
2 | 48 |
| self-assess their financial knowledge. We asked |
3 | 48 |
| them to self-assess their credit, and we pulled |
4 | 48 |
| their credit. So we had observable objective |
5 | 48 |
| credit, observable objective knowledge, and |
6 | 48 |
| subjective self-assessed credit and subjective |
7 | 48 |
| self-assessed knowledge. What's true was that |
8 | 48 |
| there was definitely a large number of people who |
9 | 48 |
| did not have what we consider to be an accurate |
10 | 48 |
| assessment of their knowledge and an accurate |
11 | 48 |
| assessment of their credit, and disproportionately |
12 | 48 |
| that tended to be true of minority borrowers. |
13 | 48 |
| We would like to believe that it is |
14 | 48 |
| disproportionately people who poorly understand |
15 | 48 |
| their credit, who end up -- so for example, people |
16 | 48 |
| who believe they are worse creditors than they |
17 | 48 |
| actually are, who end up in the subprime market. |
18 | 48 |
| Despite the fact that we've portioned it out, we |
19 | 48 |
| haven't got it to say that yet, but we haven't got |
20 | 48 |
| it to reject that either. So, I say that's my |
21 | 48 |
| personal, maintained hypothesis. I cannot give to |
22 | 48 |
| you empirical evidence to suggest it. I believe |
23 | 48 |
| it must be true, but I don't know if it is true or |
24 | 48 |
| not. |
1 | 49 |
| MS. BRAUNSTEIN: We've heard that |
2 | 49 |
| anecdotally before, that people often -- it's like |
3 | 49 |
| a self-fulfilling prophecy. They think their |
4 | 49 |
| credit's worse than it is, and they go to a |
5 | 49 |
| subprime lender. |
6 | 49 |
| MR. ZORN: What we can't show is the |
7 | 49 |
| people who actually think they have better credit |
8 | 49 |
| than they do, are very effective in getting prime |
9 | 49 |
| loans. I don't know what that means. |
10 | 49 |
| MS. BRAUNSTEIN: They are very |
11 | 49 |
| effective? |
12 | 49 |
| MR. ZORN: Yes, they are. |
13 | 49 |
| GOVERNOR OLSON: They are very |
14 | 49 |
| effective? |
15 | 49 |
| MR. ZORN: Yes, they are. I think my |
16 | 49 |
| observation on that one is, what it reflects is -- |
17 | 49 |
| the -- getting back to Doug's point -- right now, |
18 | 49 |
| you can still observe channels, and this is |
19 | 49 |
| getting back to Michael's question, what's a |
20 | 49 |
| subprime lender, what's a prime lender. Like |
21 | 49 |
| Doug, what we do is ask people to self-assess or |
22 | 49 |
| we self-assess for them, but we don't do it loan |
23 | 49 |
| by loan, we do it sub by sub, if you will, and I |
24 | 49 |
| believe that distinction was greater in 2000 than |
1 | 50 |
| it is in 2005 and 2006 and is diminishing rapidly. |
2 | 50 |
| And so part of the story that explains this, is |
3 | 50 |
| that just because you get a loan from a prime |
4 | 50 |
| lender does not mean you're home free. It doesn't |
5 | 50 |
| mean you can't pay a high rate and a rate that's |
6 | 50 |
| not necessarily, by some other people's standards, |
7 | 50 |
| the right rate. Because that middle range of A |
8 | 50 |
| minus lending is increasingly an active and |
9 | 50 |
| competitive area for both, what we consider, to be |
10 | 50 |
| prime lenders and subprime lenders. |
11 | 50 |
| So, I believe, I mean, it's still okay, |
12 | 50 |
| in general, I believe, to talk about, isn't it |
13 | 50 |
| better to get a prime loan than a subprime loan. |
14 | 50 |
| Again, that's a central tendency. I don't believe |
15 | 50 |
| it's always true. |
16 | 50 |
| MR. DUNCAN: If I could. In looking -- |
17 | 50 |
| to, kind of, take that point a little further, |
18 | 50 |
| when we take credit scores from portfolios of |
19 | 50 |
| lenders who classify themselves as prime lenders |
20 | 50 |
| and from portfolios of subprime lenders, and |
21 | 50 |
| there's an overlap in the center. So you would |
22 | 50 |
| say, gee, well, then, aren't there some of these |
23 | 50 |
| people that have this credit score, should have |
24 | 50 |