
Last Friday the House of Representatives passed H.R. 4173 the Wall Street Reform and Consumer Protection Act of 2009. One of the facets of this bill that will be incredibly damaging is this--for every mortgage closed the lender or bank who closes the loan must set aside 5% of the loan amount into a Loss Reserve Account in hopes of reducing the amount of bad loans that are written by requiring each lender to have "skin in the game" as they say. The House is thinking that by doing this far fewer people will receive a bad loan and thus far fewer people will face foreclosure.
Sounds like a good idea, doesn't it?
Here is the problem--we as a mortgage lender or mortgage bank don't make anywhere near 5% on any loan. On average a mortage lender has gross revenue before expenses of about 2% of the loan amount; after expenses a mortgage lender is lucky to earn .50% of the loan amount as net income after expenses.
Here are the numbers on a $200,000 loan--
* Net income to the company is about $1,000 ($200,000 x .50%)
* With this bill we must set aside $10,000 ($200,000 x 5%)
How can we possibly set aside $10,000 for every loan we make IF we only truly earn $1,000 on that loan? The answer is: it's not possible! We would go bankrupt very quickly as we would run out of money. You can't spend $10,000 if you are only making $1,000. Unless you are the government.
Thus, I have calculated how much a borrower's origination fee would have to be for us to comply with this new rule if the Senate approves it as well and it is signed into law by the President.
* Not including taxes we would have to earn 7% on every loan that we close; which would typically mean you must pay a 6% origination fee or an additional $10,000 out of your pocket beyond what is today with a 1% origination fee.
* Including taxes (corporate tax rate is 35% plus state tax of 4.65%) means we must earn 11.60% on every loan we close to comply with this rule. This means you are now paying a whopping origination fee of 10.6%!!! On a $200,000 loan this is another $21,320 out of your pocket.
If you would like to pay this extra large sum of money to obtain a mortgage please write your House Representative and thank them. If not, please call and "curse" them. Or even better call our two Senators and tell them to not less this portion of the bill pass when this bill goes to the Senate in 2010.