There’s always something to howl about.

The Mortgage Tax Act of 2007

Michael Cook did an excellent job explaining the two noteworthy debacles of last week. American Home Mortgage went belly up and Bear Stearns may be downgraded to a negative rating. Thursday afternoon, Angelo Mozilo of Countrywide Financial, did his best Nero impression by muttering two words to analysts; “Don’t Worry“.

Mr. Mozilo may be parroting Bobby Mc Ferrin but the rest of the lenders aren’t. Non-conforming lenders readjusted to what they now call “risk-adjustment” pricing. Basically, at Wall Street’s direction, the large lenders added about a 1% fee to the stated income and no income documentation loan programs. Loans that conform to FNMA or FHLMC guidelines, with verified income and assets, remain at their original pricing. There still are 100% financing programs available to those with good credit and the ability to make the payments.

Have borrowers who choose not to disclose income documentation become personae non gratae overnight? Not really. We have always known that light documentation borrowers, who can not demonstrate an ability to repay the loans, have been a higher risk. There has always been a price adjustment for that risk. Large down payments (20-30%) used to be the norm for those programs. It wasn’t until after our country was attacked, in September of 2001, that Wall Street started reaching for yield. The easy money policy and anemic stock market of that post-attack economy left the investment bankers STARVED for business; they found that business in high risk home borrowers.

This brings us to the Mortgage Tax Act of 2007. The way out of this mess is to originate more product. That sounds counterintuitive, doesn’t it? Well, if lenders can originate more loans, they can spread the risk across more assets. The risky loans (stated and no doc) now have a higher risk adjustment. That risk-classified pricing model is not unlike the insurance industry’s move to segregate tobacco users from non-tobacco users. Smokers are charged a higher insurance premium than non-smokers because their life expectancy is lower. That’s what the lenders did this week with their re-pricing; the stated income borrowers are the mortgage industry’s smokers.

The Mortgage Tax Act of 2007 is a way to recoup the losses from the poor loans made in 2003-6. This “premium” will fill the coffers of the lenders/securitizers and counter balance the losses taken from the poor loans. Will it work? Absolutely ! Debt, like tobacco, is addictive. To the irresponsible stated income borrower, debt is the fix, the hit, the high. It allows them to buy more toys, bigger cars, and over-remodel their home. The Mortgage Tax Act of 2007 will segregate those borrowers from the pack and exacerbate their addiction so that they will lose everything and eventually seek recovery.

The real loser is the “social stated income borrower”. She isn’t addicted to debt but is the exact borrower for whom this loan program was created. She may be newly self-employed, working on commission, or temporarily unable to prove the income which she makes. Her plan is to obtain one of these loans until her documentable income allows her to qualify for a conforming loan. She is getting taxed for the bad behavior lenders and securitizers exhibited by supplying the debt-addicts with the drug.

Don’t worry; lenders lend money. They may tighten up the purse strings every few years but some smart fella will see the opportunity, assemble a team to exploit that opportunity, and we’ll be back to normal once again. For now, we gotta pay the tax.

I kind of sound like Angelo, don’t I?

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