WASHINGTON, Dec 6 (Reuters) - U.S. regulators may
revisit a proposed definition of mortgages that would be
considered so sound that originators would not be required to
maintain a stake in the loan, sources close to the matter say.
The Dodd-Frank rewrite of Wall Street rules requires lenders
and mortgage bond issuers to keep a 5 percent share of the loans
they securitize, unless the mortgages meet a quality threshold
that regulators are in the process of defining.
The idea is to curb shoddy lending practices by ensuring
mortgage market participants face losses if a loan goes bad.
However, an overly tough standard for so-called qualified
residential mortgages, or QRMs, that would be exempt from this
risk-retention rule could frustrate efforts to stabilize the
fragile U.S. housing market by making it difficult for otherwise
sound borrowers to obtain loans.
"This policy will have a long-lasting effect on who gets
homes and who gets homes at the best rates," said David Stevens,
president and CEO of the Mortgage Bankers Association, which
represents the lending industry.
Six regulatory agencies, including the Federal Deposit
Insurance Corp and the Securities and Exchange Commission,
issued a draft proposal for QRMs in March that would require
borrowers to make down payments of at least 20 percent.
Opponents of the proposed definition say it would price
credit-worthy first-time buyers out of the market.
The sources said regulators are considering offering an
option that would only require a 10 percent down payment if the
loan is backed by private mortgage insurance to protect lenders
from default.
The critics, which include small banks, consumer groups and
real estate brokers, contend the original proposal would keep
private capital out of a mortgage market dominated by
government-controlled Fannie Mae and Freddie Mac and the Federal Housing Administration, which have more flexible terms. Those three entities own or guarantee about 90 percent of new U.S. home
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These groups argue that exempting only loans with high down
payments would raise borrower costs and effectively shut out
smaller originators. Big banks would be in a better position as
they are more likely to be able to afford to keep 5 percent of
the loans they originate on their books, letting them issue
loans that do not meet the QRM standard.
Stevens said the rule, as currently proposed, would mean a
larger government role in mortgage securitization than
otherwise. He said private issuers are currently sitting on cash
as they wait to see what standard is adopted.
"Without question, there is capital sitting on the sidelines
of the housing finance system that could otherwise be deployed
to help consumers," he said. "Uncertainty about QRM is clearly a
big driver; it won't be helped if the proposed rule goes
through."
The Mortgage Bankers Association, the Center for Responsible
Lending and the National Community Reinvestment Coalition are
among an unlikely block of consumer advocates and minority,
housing and real estate industry groups that have petitioned for
regulators to find a way to widen the net to include more
borrowers.
The Center for Responsible Lending says that based on
average home prices, it would take 14 years for the typical
American family to save enough money for a 20 percent down
payment, and even longer in high-cost areas like California or
New York.
But even if the QRM down payment was lowered to 10 percent,
one in four home buyers could still be priced out of the market,
based on the nearly 25 percent of home buyers in 2010 who put
less than 10 percent down, according to CoreLogic.
Many existing home owners could be among those hard hit by a
tough QRM standard. Almost 25 million home owners would be
unable to refinance into QRM loans because they do not have
ample equity in their property.
A final decision is likely to get pushed into next year as
the group of regulators defining the standard awaits a decision
from the new Consumer Financial Protection Bureau on a rule to
curb predatory lending.
"As long as there is no action on the proposal, the market
is frozen, with the uncertainties being so profound," said Karen
Shaw Petrou, managing partner at Federal Financial Analytics, a
Washington regulatory research firm. "It's already a tough climb
with any risk retention, and coming up with the structure will
be a determining feature of whether or not you want to get into
the business."
(Reporting by Margaret Chadbourn)
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