There’s always something to howl about.

Ethical dilemma with the current market

I like to think of myself as an ethical person. Then again, I am sure that most people feel that way about themselves too. We all are victims to the Lake Wobegon effect at some point in our lives. But in general I obey all laws, pay my taxes, am a good father and husband, run an honest business and try to make my customers happy. So I am faced with an interesting dilemma that the current market has brought upon me. I don’t think my dilemma is unique; in fact I bet it is so commonplace that it is on the desk of a large percentage of loan originators at mortgage institutions all across the country. It is an important issue to discuss, so important that I originally planned on penning this post for my blog, but figured the traffic and exposure of Bloodhound would be a better platform for debate and discussion.

Here is the dilemma. I was given a referral to a woman who I do not know personally. She lives in Florida, is a substitute teacher and lives in a condominium with a waterfront view. She has a good credit and a decent rate, interest only loan right now — it does have a prepayment penalty. She is also at 90% with her current loan to the value of the property. Unfortunately she has a bit of a cash crunch right now and would really like to lower her mortgage payments.

There is no way that using traditional mortgage products can drop her payment any further. First, I know interest only loans are not traditional. Second, before you talk to me about 40 and 50 year terms remember she’s already in an interest only loan — there won’t be much change, certainly not when you factor paying off a prepayment penalty in to the new loan. The only loan that would dramatically lower her payments is a payment option, negatively amortizing loan. If she made the minimum payment she would drastically lower her monthly cash outflow. I’ve explained to her the negative amortization part of the loan, faxed and emailed her a bunch of information on how it works, etc.

As a rule I don’t like payment option loans. I believe they have their purpose in some very narrow range of instances that were more relevant when we were seeing large property value increases. I also am very honest and upfront with customers; I always explain these loans in full detail.

The dilemma is this. Here is a nice woman who really needs to lower her mortgage payments. They are eating up a ton of her monthly take home income right now. She is stretched thin. She has no interest in selling her property. She likes the payment option loan idea. My problems are as follows: (1) she has credit that could get her any mutation of stated income, stated asset loan products out there; which she would need to use because her income doesn’t qualify her for the loan currently. (2) Her property value would need to increase by approximately $20,000 to cover the costs of the prepayment to keep her at 90% LTV. This would require an appraiser to “push” the value of her home from when she last refinanced 8 months ago. (3) She would be going in to a negative amortization loan at a time when property values are either stabilizing or declining.

So what do you do as a mortgage professional? It’s not a question of can this loan be done. This loan can definitely be done for her with current underwriting guidelines. The question is should this loan be done? This loan has a mix of good benefit and terrible elements. The bad: stated income and assets that would clearly have to be overstated, property value that would have to be “aggressively” appraised to be achieved, and the loan would have to be negatively amortizing. The good: she gets to keep her home and “afford” the payments until she is able to earn more income (which she assures me is only a few months away). The choice is tougher knowing that if I say no, she can call anyone else and get it done, with a snap of the fingers.

Question: What would you do?

Disclaimer 1: I don’t need the money. As you may or not be aware, negative amortizing loans can make the loan officer up to 3.5% on the back of the loan — paid from the bank to the originator. The money that could be earned is not the question.

Disclaimer 2: I’ve already made my decision.