Adjustable rate mortgages behind recent foreclosure crisis
The poster that greets potential borrowers at the Countrywide Home Loan office, 4931 W 6th St., makes owning a home seem like a straightforward transaction. The poster advertises the possibility to “realize your dreams” through home ownership and encourages homebuyers to “downsize the down payment, not the dream house.”
Unfortunately for some less-qualified buyers, the dream ends before it can truly begin. Throughout the United States, homeowners who financed their homes with adjustable rate mortgages are feeling the consequences of interest rate hikes as their adjustable rate resets to a level as much as three percentage points higher. The result is a rise in the number of delinquent mortgage payments and foreclosures throughout the country. Jackie Freed, a consumer credit counselor for Housing and Credit Counseling Inc., said many consumers who visited her agency faced foreclosure because they were unaware of the details of their adjustable rate mortgage.
“Usually they were told by a mortgage broker that they could refinance in two years,” Freed said. “They are frustrated by the fact that it was not accurate information. They couldn’t refinance [because of bad credit] and are stuck with the loan. So they are frustrated, but they are also distraught, because it’s their home they are losing.”
Many first time homebuyers fall victim to the lure of low interest rates for the first two years of the adjustable rate mortgages without considering the rise in payments after the rate is reset two years later. As a result people delinquent in their payments are being forced to fight creditors for their homes. Lawrence residents have seen a 10-percent increase in the number of foreclosures during the past eight months according to Douglas County Sheriff records. Rising foreclosure rates in Kansas, and nationwide, can be attributed largely to mortgages given to inexperienced subprime borrowers, meaning those with low credit scores or borrowing more than $417,000.
People with credit problems are hardly the only consumers who remain uneducated about the details of their mortgages. A study by the Federal Trade Commission published in June showed that two-thirds of those with adjustable rate mortgages were not aware that a prepayment penalty would be exacted if they refinanced their loan with a different lender. Even more surprising, the study found half of homebuyers could not correctly identify the total loan amount. Freed said she saw about 10 people per week unable to pay their mortgage payment because of unexpected changes to subprime adjustable rate mortgages.
Lawrence attorney John Becker said he has witnessed the number of homeowners seeking his help to retain their homes increase by more than double in the past four years. Becker said many of his clients were misled by lenders trumpeting low rates for the first two years on adjustable rate mortgages. Most were buyers unqualified for fixed rate loans because they lacked the financial stability and credit rating required. Instead lenders offered adjustable rates that sneak up on borrowers unprepared for changes in their monthly payments.
“We call them ‘ninja’ loans,” Becker said. “Most of the buyers have no income, no job and no assets.”
Not surprisingly, statistics released on Sept. 6 by the Mortgage Bankers Association showed the percentage of Kansas homeowners with prime, low-risk, fixed-rate mortgages in the process of foreclosure at 0.66 percent, while 5.07 percent of Kansans with subprime adjustable rate mortgages were faced with repossession of their homes.
Diane Fry, a home loan consultant for Countrywide Home Loans in Lawrence, attributed this difference to consumers who borrowed more than their financial situation allowed even though bad credit and adjustable rates strained their budgets. Fry said the vast majority of those confronting the possibility of losing their homes were in trouble because they were unable to make payments once their rates reset and monthly payments rose drastically.
“A large portion is people who have challenged credits and got into really high interest rates loans they probably shouldn’t have,” Fry said. “All of those bad credit loans were one-year adjustable or three-year adjustable rates. Now that those are coming due people can’t pay them. For some, they went from a 9 percent to an 18 percent interest rate.”
Despite the increase in foreclosures in Lawrence and throughout Kansas, Fry said the market would slowly begin to even itself out. Countrywide Home Loans is no longer pushing adjustable rate loans to those ineligible for fixed rate mortgages. Instead, the company is not even funding the majority of subprime loans and is shifting focus to qualified and responsible borrowers, Fry said.
Becker and Freed agreed that foreclosure rates should eventually stabilize, but each said homebuyers would still face obstacles when acquiring a home loan. Although she tried to stay impartial, Freed said lenders must explain terms and conditions in order to avoid uninformed and unprepared homebuyers and buyers must stay educated to avoid predatory lending.
“I think that there are problems on both sides,” she said. “There are problems with lenders getting people into loans that they shouldn’t have gotten into. There are also problems because people don’t read their loan documents.”
Whether the fault lies with uneducated consumers or opportunistic lenders, foreclosures in Lawrence and across the nation have reached a point that is forcing reform from both sides of the bargaining table. The short-term result may be difficulty for those looking for subprime mortgages, but in the long run market stability should benefit both lenders and borrowers alike.