Chapter 8

SUBPRIME LOANS  

Subprime lending, also called B-paper, near-prime, or second chance lending, is the practice of making loans to borrowers who do not qualify for the best market interest rates because of their deficient credit history. The phrase also refers to paper taken on property that cannot be sold on the primary market, including loans on certain types of investment properties and certain types of self-employed individuals. Subprime lending is risky for both lenders and borrowers due to the combination of high interest rates, poor credit history, and adverse financial situations usually associated with subprime applicants. A subprime loan is offered at a rate higher than A-paper loans due to the increased risk.  They can be used for borrowers with good or excellent credit when their particular circumstances do not fit within normal underwriting guidelines.  However, over the past year underwriting guidelines for these products have tightened dramatically and Subprime Loans have become very difficult to find.  They were also considered to be a major contributor to the “Credit Crisis” and “Mortgage Meltdown” that have negatively affected our industry.  

Subprime lending encompasses a variety of credit instruments, including subprime mortgages, subprime car loans, and subprime credit cards, among others. The term "subprime" refers to the status of the borrower (being less than ideal), not the interest rate on the loan itself.  

Subprime lending is highly controversial. Opponents have alleged that the subprime lending companies engage in predatory lending practices such as deliberately lending to borrowers who could never meet the terms of their loans, thus leading to default, seizure of collateral, and foreclosure. In the USA , there have also been charges of mortgage discrimination on the basis of race.  Proponents of the subprime lending maintain that the practice extends credit to people who would otherwise not have access to the credit market, or in other words to qualify individuals for home ownership loans they would otherwise be unable to obtain for purchasing.  

The controversy surrounding subprime lending has expanded as the result of an ongoing lending and credit crisis both in the subprime industry, and in the greater financial markets which began in the United States . This phenomenon has been described as a financial contagion which has led to a restriction on the availability of credit in world financial markets. Hundreds of thousands of borrowers have been forced to default and several major American subprime lenders have filed for bankruptcy.  

Subprime lending evolved with the realization of a demand in the marketplace and businesses providing a supply to meet it.  With bankruptcies and consumer proposals being widely accessible, a constantly fluctuating economic environment, and consumer debt load on the rise, traditional lenders are more cautious and have been turning away a record number of potential customers.  While there is no official credit profile that describes a subprime borrower, most in the United States are supposed to have a credit score below 620. Statistically, approximately 25% of the population of the United States falls into this category.  

Capital markets operate on the basic premise of risk versus reward. Investors taking a risk on stocks expect a higher rate of return than do investors in risk-free Treasury bills, which are backed by the full faith and credit of the United States . The same goes for loans. Less creditworthy subprime borrowers represent a riskier investment, so lenders will charge them a higher interest rate than they would charge a prime borrower for the same loan.  

To access this increasing market, lenders often take on risks associated with lending to people with poor credit ratings. Subprime loans are considered to carry a far greater risk for the lender due to the aforementioned credit risk characteristics of the typical subprime borrower. Lenders use a variety of methods to offset these risks:  

  • Higher interest rates
  • Additional fees and points vs. A-paper loans.

These increased fees compound the difficulty of the mortgage for the subprime borrower, who is defined as such by their unsuitability for credit.  Due to the risk profile of the subprime borrower, this access to credit comes at the price of higher interest rates. On a more positive note, subprime lending (and mortgages in particular), provide a method of "credit repair"; if borrowers maintain a good payment record, they should be able to refinance back onto their mortgages before the tie-in has expired. A professional Loan Officer should be able to provide information about the costs of switching mortgages and should always explain to the borrower in great detail the “fine print” of the loan product they are receiving.  

Generally, subprime borrowers will display a range of credit risk characteristics that may include the following: 1) Late payments paid sixty (60) or ninety (90) days past their due date during the last thirty-six (36) months.  Excessive thirty (30) day late payments within the last twelve (12) months will significantly reduce ones credit score and must be carefully considered;  

2)  Judgments, foreclosure, repossession, tax liens, or non-payment of a loan in the last forty-eight (48) months; 3) Bankruptcy in the last seven (7) years; 4)  Relatively high default probability as evidenced by, for example, a credit bureau risk score (FICO) of 620 or below on a scale that ranges from 300 to 850. Subprime mortgage loans have a much higher rate of default than prime mortgage loans and are priced based on the risk assumed by the lender. Unfortunately, many subprime mortgages have also been borrowers who lack legal immigration status in the United States.  

There are many different kinds of subprime mortgages, including:  

  1. Interest-only mortgages, which allow borrowers to pay only interest for a period of time (typically five (5) -  ten (10) years).

2.   "Pick a Payment" loans (or option ARMs, where borrowers choose their monthly payment (full payment, interest only, or a minimum payment which may be lower than the payment required to reducing the balance of the loan).

3.   Initial fixed rate mortgages that quickly convert to variable rates.  

This last class of mortgages has grown particularly popular among subprime lenders since the 1990s. Common lending vehicles within this group include the "2-28 loan", which offers a low initial interest rate that stays fixed for two (2) years after which the loan resets to an adjustable rate, changing every six (6) months or once a year, for the remaining life of the loan, and in this case twenty-eight (28) years. The new interest rate is typically set at some margin over an index, for example, 5% over a six (6) month or twelve (12)-month LIBOR (London Interbank Offered Rate, which is the index).  Variations on the "2-28" include the "3-27" and the "5-25".  

To avoid the initial hit of higher mortgage payments, most subprime borrowers take out adjustable-rate mortgages (or ARMs) that give them a lower initial interest rate. But with potential annual adjustments of 2% or more per year, these loans can end up charging much more. For example, a $500,000 loan at a 4% interest rate for thirty (30) years equates to a payment of about $2,400 a month. But the same loan at 10% for twenty-seven (27) years (after the adjustable period ends) equates to a payment of $4,470.  A 6-percentage-point increase in the rate caused slightly more than an 85% increase in the payment and an actual increase of $2,070/mo!

Here are some characteristics which have been applied to subprime loans.  

 Every buyer should consult with a lender to examine their individual circumstances and make sure they understand all the parameters of any particular loan especially subprime lending! The guidelines in the current market are ever changing and subprime program availability may even be outdated at the time of this Mortgage Financing Guide publication: 

  • Debt to Income ratios of 50%.
  • Six percent (6%) Seller contributions regardless of Loan to Value (LTV) on owner occupied properties.
  • Forty (40) – fifty (50) year interest only terms available on some loans. 
  • Middle Credit scores of 520 with Combined Loan to Value (CLTV, a first and second mortgage) of 90%.
  • 580 credit scores for first time buyers with five percent (5)% down.
  • Private Verification of Rents (VORs) accepted
  • No Mortgage Insurance
  • No Escrows required
  • Six (6) months of Bank statements accepted as “Limited Documentation Loans”
  • Twelve (12) Months Personal (100% of Deposits) or Business (75% of Deposits) Bank Statements accepted as full Documentation (Doc)
  • Seventy-five percent (75%) of Income as Shown on last two (2) years’ 1099 Accepted as Full Doc
  • Prepayment penalties.

    “Do Better Business…. The Carroll Way!”  

    The information provided in this manual reflects current mortgage information which may be subject to change 
    without
      notice/or which may have already been eliminated. Your transaction may involve updates periodically.  
    Consult with your mortgage loan officer for updated information.

    August 29, 2008