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The Honolulu Advertiser
Posted on: Wednesday, December 21, 2005

Federal regulators seek tighter rules for nontraditional mortgages

By Jonathan Peterson
Los Angeles Times

WASHINGTON — Federal regulators proposed tougher standards on nontraditional mortgage loans yesterday, saying that expanded use of new interest-only and adjustable-rate loans has put both borrowers and the financial system at greater risk.

The proposed guidelines come amid growing concerns that many borrowers have signed up for mortgages they cannot afford, setting the stage for widespread defaults in coming years. Nationwide, mortgage debt has surged by about 70 percent since 1999, to nearly $8 trillion.

The widespread use of alternative loans — combined with relaxed standards in evaluating the creditworthiness of borrowers — "present unique risks that institutions must appropriately measure," the Federal Reserve said in a statement issued jointly with other regulators.

To ease the dangers, the federal agencies proposed requiring lenders to assess the ability of borrowers to repay the full burden of loans after low-cost introductory periods have expired.

Lenders also would be required to give borrowers "clear and balanced information" about "relative benefits and risks."

The affected loans include popular "payment option" adjustable rate mortgages, in which borrowers receive loans with low initial teaser rates that adjust higher over time, and so-called interest-only loans in which borrowers don't pay any principal for several years.

An analysis by Deutsche Bank found that $83 billion in loans with adjustable rates were subject to hikes this year.

Federal officials are also concerned that alternative loans often are marketed to people with weak credit histories, the Fed said in a joint statement with the Office of Comptroller of the Currency, Federal Deposit Insurance Corp., Office of Thrift Supervision and National Credit Union Administration.

They proposed that lenders:

  • Consider the ability of borrowers to repay their debts based on the fully indexed loan rate that kicks in after a cheaper introductory period ends, as well as the added costs of negative amortization when unpaid interest piles up.

  • Set up reporting systems that provide warning of potential, or increasing, risks from nontraditional loans.

  • Maintain sufficient reserves to cover potential default, recognizing that some of the new products have yet to be tested in times of financial stress.

    The proposal was released for a 60-day public comment period. If approved, regulators would review lenders for compliance and could demand remedial action.