High-interest nontraditional mortgages have proved a blessing for
lower-income residents of Georgetown and Horry counties who can't
qualify for traditional mortgages. Such loans are a path toward
homeownership for folks who have few other housing options.
But over the years, many of these good people have fallen prey to
unscrupulous mortgage brokers who sell them homes, take their money
and leave them nothing to show for it. The law did nothing to
prevent this.
That changed with the new year, when the S.C. High Cost and
Consumer Home Loan Act took effect. This law, a good one, should put
an end to this predatory lending racket, under which mortgage
brokers saddle home buyers with high-cost loans whose terms they
can't possibly satisfy.
The act extends consumer protections to low-income S.C. residents
who want to buy homes but can't qualify financially for traditional
mortgages. Equally important, it won't drive legitimate subprime
lenders out of the market.
This market is a world of which middle-class folks with
traditional mortgages may be unaware. It's a place where high-risk
borrowers can get nontraditional loans to buy homes by paying higher
interest rates. But often, lenders and mortgage brokers who arrange
such loans see their borrowers as suckers, not legitimate
clients.
The result: Low-income home buyers sign contracts that carry
ridiculously high interest rates, tacked-on monthly charges for
insurance they don't need, high points for refinancing at lower
interest rates, outrageous penalties for prepayments of mortgages
and balloon payments that extend the life of a loan. Unable to meet
obligations they didn't understand, many subprime home buyers
default, losing their homes and their investments.
S.C. legislators for years have heard predatory-lending horror
stories, often in connection with mobile-home sales, but were slow
to act. The fear was that state overregulation could kill off the
subprime lending market entirely.
The new law, the result of years of careful crafting, leaves
subprime lenders a path to profitability while reducing chances that
borrowers will be fleeced. Its most important provision requires
high-interest borrowers to attend free counseling sessions, to make
certain they understand what they're about to get into. State
regulators would screen and approve all counselors.
The law also prohibits end-of-loan balloon payments, bans all
insurance requirements except credit insurance, bans the charging of
points or fees if homeowners refinance their loans with the same
lender, forbids prepayment penalties and requires lenders to
disclose the terms of a loan 48 hours before closing. These and
other provisions encourage consumer education and take the profit
out of predatory lending while leaving legitimate subprime lenders
incentive to remain in the market.
Why allow the subprime home-lending market to exist at all? Here
and across South Carolina, many, many hardworking residents earn low
incomes and have imperfect credit. If these good people can take the
same money they'd spend on rent and buy a mobile home or low-cost
stick-built house, even with a high interest rate, it makes sense
for them to do so.
Legislators deserve credit for recognizing that poor folks are a
legitimate part of the S.C. home-buying market and for making sure
they're treated as customers, not suckers. The result, over time,
should be an increase in homeownership and more stable S.C.
communities.