Debate continues over including a 20 percent down payment requirement in new regulations
defining "Qualified Residential Mortgages" (QRMs) under the Dodd-Frank Wall
Street Reform and Consumer Protection Act.
A QRM would be exempted from the rule requiring lenders to retain a 5 percent
interest in each mortgage it securitizes; a policy called "risk
retention."
The Community Mortgage Banking Project (CMBP) released a report
Thursday criticizing such a down payment requirement because, among other
reasons, it would be good for mega banks.
And how do we know the report asked; because Jamie Dimon told us so! Dimon, CEO of JP Morgan Bank was quoted in a
recent report from Citigroup as saying that such a requirement could
ultimately end up as a positive for the larger players such as JP Morgan and
Wells Fargo given they have the scale to hold the 5 percent of non-qualifying
mortgage on their balance sheet.
Glen Corso, managing director of the CMBP said "Today,
the three largest banks - JP Morgan, Wells Fargo and Bank America - account for
more than half of the mortgage lending in the country. A 20 percent down payment requirement as part
of the QRM will simply accelerate that concentration while making loans more
expensive for responsible borrowers.
This is not what the Dodd-Frank Act reforms were supposed to do."
As evidence of that claim, CMBP referenced a letter sent in February
from three of the senators responsible for the QRM exemption language, Senators
Kay Hagen (D-NC), Mary L. Landrieu (D-LA) and Johnny Isakson (R-GA) wrote to six
regulators responsible for formulating the QFM regulations including the Chair
of the Federal Reserve, and heads of the Department of Housing and Urban
Development, Federal Housing Finance Agency, and Federal Deposit Insurance
Corporation. The letter expressed concern
that a number of issues outside of the legislative scope and intent of the risk
retention rules might unnecessarily slow the rulemaking process.
The letter directly addressed a high down payment
requirement for any mortgage to meet the QRM exemption saying it would be
"inconsistent with our legislative intent.
As the authors of the QRM provision, we can assure you that, although
there was discussion about whether the QRM should have a minimum down payment,
in negotiations during the drafting of our provision we intentionally omitted
such a requirement.
The letter said that the purpose of the QRM is to create a
robust underwriting framework to attract private capital. "We recognized the importance of
establishing a framework that would allow creditworthy first-time homebuyers to
have access to the benefits of loans meeting the QRM standard. We also recognized that homeowners in the
hardest hit housing markets have lost extraordinary amounts of equity as result
(sic) of plummeting home prices. For all
of these families, a high down payment is simply out of reach. A QRM with a high down payment requirement
would force them to postpone buying or refinancing a home for years, or to take
on mortgages at much higher interest rates."
The CMBP paper said an analysis of 33 million home loans
written between 2002 and 2008 found that boosting down payments in 5 percent
increments had only a minor impact on default rates. For example, increasing a 5 percent down
payment to 10 percent, all other things being equal, reduced defaults by an
average of only two to- three-tenths of a percent but eliminates between 7 and
15 percent of potential borrowers from eligibility for a loan. Increasing it to 20 percent would knock out
another 20 to 25 percent of borrowers while improving the default rate by only
about eight-tenths of a percent.