Remarks by Governor Edward M. Gramlich
At the Texas Association of Bank Counsel 27th Annual Convention, South Padre Island, Texas
October 9, 2003
An Update on the Predatory Lending Issue
I am happy to be here today. Your agenda contains a number of topics concerning low-income households and credit markets. I want to focus on just one--predatory lending. As you know, this has been an enormously important issue for lenders, consumers, and regulators for the past few years. I would like to take this opportunity to provide an update on where we stand on the issue.
The Growth of Subprime Lending
One of the important stories of the 1990s was the huge growth in subprime lending. In dollars, subprime mortgage originations grew by a factor of seven over the 1994-2002 period. Since low-income and minority borrowers are much more likely to rely on subprime credits, these groups have benefited disproportionately from the expansion. One visible outcome has been an increase in home ownership rates for low-income and minority borrowers. This represents a welcome extension of home mortgage and other credit to previously underserved groups--a true democratization of credit markets. Millions of low- and moderate-income families now have a chance at owning a home and building wealth. This rapid growth of subprime credit may have created problems, as we will see, but there is plenty of good news in this area.
The subprime credit market is intensely competitive. A recent informal review by Federal Reserve staff identified upward of 75,000 U.S. lending institutions, more than eight times the number of U.S. banks. These lenders include banks, thrifts, credit unions, mortgage brokers, mortgage companies, and payday lenders. Banks, thrifts, and credit unions are regulated through periodic compliance exams, but the regulatory oversight for the other institutions is much more sporadic.
To a great degree, the rapid growth in subprime lending has been fueled by technological changes. The most prominent of these changes has been the widespread use of credit scoring models that permit lenders to determine efficiently and quickly the appropriate pricing for a subprime loan. In earlier times, the loan application most likely would have simply been denied.
Despite the growth of subprime lending, we should remember that such loans still represent only a small portion of the overall mortgage market. In 2002, subprime mortgage originations totaled $241 billion, 9 percent of total mortgage originations.
While the circumstances vary, the typical predatory lending situation begins with a low-income borrower straining to make mortgage payments. Then something bad happens--the borrower suffers a loss in income, has a medical emergency, or the roof leaks--and the borrower is forced to take out another loan or to refinance the existing one at higher rates. Soon the already cash-strapped borrower falls behind in payments on the new loan. Perhaps the lender should not have made the loan; perhaps the borrower should have had a greater financial cushion. But the real or threatened foreclosure represents a real problem for the borrower and the borrower's neighborhood. It can even be costly to the lender. When a subprime loan goes into foreclosure, the overall social costs can be quite high.
A Multifaceted Approach
The Fed has lowered the interest rate trigger defining loans subject to HOEPA, thereby increasing HOEPA coverage. It has also made most loans that contain single-premium credit insurance, a common vehicle for predatory abuses, subject to HOEPA. In a separate action, the Fed has tightened mortgage reporting provisions under the Home Mortgage Disclosure Act (HMDA). From now on, more lenders will be subject to HMDA, and they must report pricing information on subprime loans, as well as each loan's HOEPA status and whether the loan is for a manufactured home. These data should greatly increase our knowledge of how subprime markets work.
Other Bank Regulators
States and Localities
A statute enacted in North Carolina provided an early model. The North Carolina law restricts the use of prepayment penalties and repeated refinancings, bans single-premium credit insurance, and establishes other restrictions on rates and fees. Other states have greatly extended assignee liability provisions, and many cities and states have identified other objectionable practices, and prohibit institutions engaging in these practices from doing business with state and local governments.
The effect of such laws, particularly their potential for unduly constraining mortgage lending, is still under debate. Studies of the North Carolina law generally conclude that the state has not experienced the same growth in subprime lending as neighboring states. Preliminary review of HMDA data by the Fed, for example, suggests that the level of subprime lending in North Carolina has grown by 54 percent since the law went into effect, compared with 97 percent growth in neighboring states. Of course, these HMDA data do not provide a means of determining whether any additional lending that might have taken place would have been legitimate lending or predatory lending. A study by Georgetown University's Credit Research Center also found relatively slower growth of subprime lending activity in North Carolina after the law took effect, with an especially large impact among lower-income borrowers. Studies by the University of North Carolina and the Center for Responsible Lending (CRL) also showed relatively slower growth of subprime activity but concluded, in contrast, that the lower rate of growth was attributable to a reduced presence of credit with abusive terms. Both of the latter studies assert that the law has been effective in deterring lenders who use predatory practices, and the CRL study maintains that the law saved North Carolina consumers $100 million in predatory lending costs in its first year.
The passage of such laws and ordinances by a variety of states and cities has also resulted in concerns about the difficulties national lenders face in attempting to comply with a patchwork of state and local laws. In response, a national anti-predatory-lending bill has been proposed and is currently being debated in the Congress.
Other Enforcement Activities
In addition to these broad cases, many public law centers have brought suits on behalf of individual victims of predatory lending. In several cases, borrowers have been awarded damages, and some have had their entire loan transaction rescinded. Attorneys accepting these cases typically file many claims to increase the possibility of obtaining restitution for their clients. Even with this strategy, it can be difficult to identify a technical violation of law, as the predatory loan contract is often not technically illegal, but rather unsuitable for the borrower's financial circumstances.
Collaborations to Assist Victims and Increase Financial Education
Consumer education programs address predatory lending by improving consumers' overall financial knowledge. Such programs can empower consumers by giving them the information they need to shop for products that meet their needs. National education initiatives are offered by a wide variety of organizations, including Freddie Mac, Fannie Mae, and the Federal Deposit Insurance Corporation. Typically, such initiatives provide educational resources to local community organizations and governments to increase their reach. The Fed has also launched an initiative to increase awareness of the importance of financial education--including a public service announcement, a consumer information brochure with tips on personal financial management strategies, and a web site listing education and information resources.