Friday, June 10, 2011

Banks are Complaining About New Mortgage Law

link here to article
This article in The Economist (via Manan Shukla) explains the new law that banks are resisting. If a mortgage is written with 20% down payment, and the payments do not exceed 28% of monthly income, the originator can package the loan in a security. If the mortgage does not pass that test, the bank must retain a 5% interest in the mortgage. This of course was intended to keep originators from passing on risky loans to the next person in the chain.

The banks complain only 3/5 of mortgages would pass that test and that it would hurt the real estate industry. This seems like a strange complaint. The banks can write any mortgage that the like at any interest rate. They just can't pass non-conforming mortgages up the chain without sharing the risk. If they don't want to share the risk, then the mortgage should not be made.

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