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Raising the bar for mortgage brokers

Posted by Stacey Myers August 7, 2008 10:30 AM

About 40 percent of Indiana’s mortgage brokerages had lost their license to do business as of yesterday because they hadn’t complied with a new state law tightening licensing standards, the Associated Press reported.

Indiana set a Tuesday deadline for brokerages to comply with the law, which requires each brokerage to name a principal broker -- who has at least three years experience and has passed a state exam -- to oversee his company’s business affairs, according to AP. Industry members had backed the law, which was passed last year. It also requires background checks and boosts the annual licensing fee from $100 to $400.

As of yesterday, 361 of Indiana’s 950 brokerages hadn’t met the deadline and another 143 had voluntarily surrendered their licenses, AP reported.

Indiana has had a high foreclosure rate, ranking No. 11 out of the 50 states in foreclosure filings in the second quarter of 2008, according to RealtyTrac. State officials felt the relatively low licensing requirements for mortgage brokers contributed to the problem.

So lawmakers passed the new law instituting more stringent requirements for mortgage brokers, who match borrowers with lenders and reportedly originate about two-thirds of the state's home and commercial loans. Other states, including Massachusetts, have also tightened regulations regarding mortgage lenders. Among other things, the Bay State has begun licensing all mortgage originators, not just the companies they work for.

Indiana officials will investigate to see if any of the now unlicensed brokers continue to operate.

Do you think this will weed out brokers who push sketchy loans? Or is this leaving open the possibility of unlicensed brokers continuing to operate?

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4 comments so far...
  1. The growth of the mortgage industry through the conversion of large pools of loans to securities has been very successful in expanding home loan opportunities for US consumers. It's clear however that excess capital on an international basis went chasing after relatively high-risk investments during the housing boom. I'm not quite sure who best to license - the pension and hedge fund managers who buy and sell the securities; the stock brokers who make the trades; the agencies who rate the risk; the underwriters who evaluate the individual loans; the loan officers who originate the mortgage and construction loans; the appraisers who work on behalf of the lender; or the real estate licensees who represent buyers.

    At the bottom of the food chain is the individual borrower. I'd like to believe that every potential borrower out there brings to the table a modest understanding of finance or money management. Not.

    Posted by Jim August 7, 08 04:59 PM
  1. Jim is right. Whenever you ask who is to blame, the right answer is everyone.

    This move by Indiana is interesting. Supposedly the state had set a particularly low bar for mortgage brokers, and tightening standards was long overdue. That's fine. It probably also makes sense for states to start imposing regulations that parallel those for the securities brokerage industry--the "know your customer" and "fitness" requirements that prohibit a stockbroker from selling an investment he already knows is inappropriate for his customer.

    All that said, look at how many mortgage brokers cheerfully surrendered their licenses in Indiana. That's because they aren't making money anyway. Not only because sales are down. Originators have started to duplicate some of the functions of mortgage brokers--gathering information and communicating risks to borrowers--because they don't trust the brokers to do the job. Why pay twice for the same process to be repeated? Where's the savings in outsourcing to brokers? It's no wonder many originators have simply shut down their wholesale operations and have taken the entire business in-house.

    Which means, new licensing requirements or no, most mortgage brokers are going out of business anyway.

    Posted by Marcus August 7, 08 08:20 PM
  1. Jim, it is clearly where the American education system has failed. I find it amazing that I had to have two-years of a foreign language, but no household finance requirement to graduate high school. Every student should learn about credit, banking, retirement planning etc... even if in the most general way.

    After all the recent news, I still have buyers that come to me and have no idea about mortgages and try to squeeze into properties that they have no business buying. Fortunately now, the lenders are saying no. Otherwise, they just don't believe me when I tell them like it is...

    Posted by Dina August 8, 08 11:15 AM
  1. I knew it was just a matter of time that MA would begin to license Originators.

    Anyone remember the late 1980's then the early 1990's? I do. Back then, the last finger that got pointed to was the appraiser. And interestingly enough, they were licensed shortly thereafter. It only makes sense that the Loan Originator (who for the most part are the one's Really structuring, what is for most, their largest financial investment) be licensed as well.

    Posted by Gerry (RealtyMan) Bourgeois August 9, 08 05:03 PM
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About boston real estate now
Scott Van Voorhis is a freelance writer who specializes in real estate and business issues.
Rona Fischman is a buyer's agent who provides a look at the local housing scene, from basements to attics.
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