This afternoon, the faxes started rolling in about lenders pulling out of the 10 ZIP code associated with the Illinois Predatory Lending Database Act, formerly known as Illinois House Bill 4050.
Over the past few weeks, news has been trickling in about what we should all expect and many of you have shared that information with me. A special thank you to Scott Cheffer of Title Company of America and Chris Rocks of Clybourn Financial for the good info.
I highly encourage you to read about the law and my prior posts about the law before reading ahead -- even if you just need a refresher course.
My random thoughts about HB 4050 right now are as follows:
(1) The state has a Web site that seems like a lot of propaganda, but contains some good information. I recommend reading it sometime.
(2) The state has only five training sessions listed for title closers and "housing counselors". The only broker training session listed has no date or time. That sort of training for all of Illinois' mortgage industry personnel won't cut it. But, not only is training lacking, so is awareness of training. Until I visited the site personally, I had no idea that training was even offered to me as a loan officer.
(3) There are 40 counselors in the state and there are 700,000 homes in the impacted area. If just 10% of the impacted homes require new mortgages and of that 10%, just 1 in 5 of those mortgage applicants triggered the HB 4050 counseling requirements, that leaves 14,000 people who require training and just 40 counselors to handle them. That equate to 350 people per year per counselor.
(4) The cost of counseling is $300 and that cost must be paid by the mortgage lender. It may not be passed on to the mortgage applicant. If an average mortgage of HB 4050-impacted homes is for $100,000 (and that is a complete guess), and if the average earnings per transaction is 1.5% for a lender, that means that a broker will forfeit 20% of his commission ($1,500 / $300) just to work with a HB 4050 client. That's a huge hit to profitability. I am not sure how it will be governed, but I do expect that many lenders will indeed build that cost into the mortgage somewhere.
(5) Mortgage brokers cannot refuse to take the application of a person who lives in an HB 4050 zip code. No problem there -- a broker can take as many applications as he wants, but can't get the loans funded if lenders won't lend their money. The law must have missed that loophole.
(6) If the law is not followed to the letter, the mortgage lien becomes unenforceable. Therefore, lenders would lose their right to foreclose. Or, to put that differently, homeowners would have zero incentive to pay their mortgage each month. It's no wonder that lenders are refusing to lend in the zip codes -- there is too much risk for them.
(7) It takes Cook County about 30 days to properly record a new lien and HB 4050 liens will require the same amount of time. They will only be recorded if the new mortgage abides by the law and all steps have been followed properly. Lenders know that is the lien is recorded, then the law must have been followed and the mortgage, therefore, is enforceable. In other words, home sellers may have to wait up to 30 days for the proceeds from their home sale.
(8) Because Cook County requires 30 days to record a lien, closings are expected to be "dry", meaning that funds will not be available at closing. This is good news for the brokers that can't seem to get their funds to the table on time anyway. ;-)
(9) IAMB is not working this issue as hard as they need to be. The Chicago Association of real estate agents has sent over 100,000 pieces of mail to real estate agents and the community. They've been on WCKG, WLS, and all over the news. And, to top it off, the logs of this blog show at least 10 hits per day from the CAR Web site. I have never had one hit whatsoever from IAMB's. I have also never received a phone call, or a letter informing me of what HB 4050 even is. If my trade organization was as well organized (and funded) as CAR, maybe this conversation wouldn't even be happening.
(10) Town Hall meetings don't work. Voting works. If you want to change something, show up at the voting booths and vote your representatives out of office. Period. Just like the Unions, organize your people to vote for the candidates that are good for business. You may personally believe that Blagojevich is a good person, but if he is presiding over the death of your business, vote him out.
(11) Speaking of sponsors, here is the complete list of HB 4050's sponsors:
House Sponsors
Michael Madigan
Susana A Mendoza
Barbara Flynn Currie
Eddie Washington
Harry Osterman
Lisa M. Dugan
Daniel J. Burke
Mary E. Flowers
Milton Patterson
Kenneth Dunkin
Deborah L. Graham
Patricia Bailey
David E. Miller
Richard T. Bradley
Karen A. Yarbrough
Arthur L. Turner
Lovana Jones
William Davis
Senate Sponsors
Martin A. Sandoval
Jacqueline Y. Collins
Miguel del Valle
James T. Meeks
Mattie Hunter
Louis S. Viverito
Kimberly A. Lightford
If you want to change your world, start by voting. Heck, if 18-year incumbent and Iraqi War supporter Joe Lieberman can lose his own party's primary election to a political unknown because his support for the war alienated his constituents, why can't Illinois residents do the same thing on supporters of HB 4050?
(12) Re-read #11. Take your business seriously and take control of your elected officials.
(13) September 1 is the supposed implementation date. I don't think the database will be ready, nor will the state be ready. I still see October 1 or later as a more realistic date, but it's not my call, of course.
Alrighty. That was some brain dump. Hope it helps you see more of what's ahead in Cook County.