Page 2 of 3 BOOK REVIEW Subprime - an (im)morality tale Confessions of a Subprime Lender by Richard Bitner
Reviewed by Julian Delasantellis
The Tax Reform Act (TRA) of 1986 prohibited the deduction of interest for
consumer loans but allowed it for mortgages on a primary residence, increasing
the demand for mortgage debt. When deductibility was factored in, even
high-cost mortgage debt was a better option than consumer debt.
Thus, it was in the transformation of subprime's high interest rates and fees
into a financial system profit firehose that the first moral compromise can be
seen. Subprime industry executives such as
former Countrywide chief executive Angelo Mozilo always tell any microphone
within a 50-kilometer radius that they were just doing it to give the subprime
lenders a break, to give first-time homebuyers their piece of the American
dream, but the high fees and interest rates that got passed on to the borrower
served only the lenders, for they made certain that, over the long term, the
borrowers would be very hard pressed to stay in their homes.
Thus, the mechanism was emplaced to open up the liquidity floodgates that
washed across US, and to a certain extent world, real estate this last decade.
Every successive deal just fed the system's appetite for another after that;
with the supply of real estate much more fixed than the demand originating from
all this liquidity, it's no wonder prices skyrocketed to cloud cuckoo land and
beyond.
With all this money to be had, the pace of the business became rather frenetic,
and it was standards of proper banking practice and personnel that took the
hindmost. Bitner describes this 2005 encounter his partner had with a Houston
mortgage broker somewhat "fresh" to the business.
Walking into the
broker's office made me realize just how screwed up this business had become.
The office is one tiny room, maybe 12 x 12. The place is a mess, unbelievably
filthy and it smells of body odor. There's no place to sit down and even if I
could find a spot, I'm afraid to think what I might catch. The first things I
notice are the loan officer's licenses. Every square inch of his office walls
is covered top to bottom, side to side, with licenses. I'm guessing there must
be 250 licenses either stapled or taped to the walls. The biggest problem was
the broker's recordkeeping or lack thereof. His loan files were stacked in
piles around the room and he didn't know where anything was. As we're talking,
he's knocking files to the ground trying to locate deals for us to review. The
place was utter chaos. I saw copies of borrowers' tax returns lying on the
floor. When I asked him which file they belonged to, he didn't know.
The most telling vignette Bitner relates from the period is this, the story of
a successful mortgage broker whose own personal American dream apparently
involved scaling the heights of both white collar and violent crime.
I
connected with one of the largest mortgage brokers in Cleveland, Ohio ...
Stepping off the plane in Cleveland, I'm greeted by Jeff, who introduces
himself as the VP of Sales ... I find out this is his first job in the mortgage
business. He tells me, "This is actually my first job in sales. Before that I
worked in my uncle's service station."
If that's just the guy
who meets people at the airport, you can imagine what the firm's principals
were like.
We get to the office and join everyone for lunch at the
restaurant next door. Being 6ft 4ins (1.9 meters) and 230 pounds (105 kg), I'm
rarely intimidated by someone else's size, but this is one of those moments. As
Luther stands up to greet me, he's my height but at least 40 to 50 pounds
(18-23 kg) heavier. With his big bushy beard and flannel shirt, I can't help
but think he looks like Grizzly Adams on steroids. I take the seat across from
their title rep, Suzanne. After a few minutes of conversation, I can't help but
notice her wedding ring since it's the largest single diamond I've ever seen.
Being a curious guy, I ask her, "So, Suzanne what does your husband do for a
living?" As though it were staged, all five people within earshot of our
conversation burst into laughter. Suzanne says, "Really sweetheart, it's
healthier for you to not ask that question." ... When it becomes clear she
isn't kidding, my head starts to fill with images of cement-filled shoes and me
sinking to the bottom of the Cuyahoga. Maybe changing the subject is a good
idea.
Which seems to me a very prudent banking decision.
After
we leave the restaurant and go back into his building, Luther leads me toward
his office in the back of the suite. As we approach the last office, I'm struck
by the enormous size of his door. This massive steel contraption looks like it
belongs on the front of a vault, not in an office. Luther sees me eyeing it and
says, "Oh, you like the door? I got it out of an old bank that closed down. The
great thing about this is, short of a rocket launcher, nobody's getting in."
Why does a mortgage broker need a door that could protect Fort Knox? Sure,
we're in the money business, but it's not like we print the stuff or keep any
lying around. Looking around inside the office, I don't see anything of value
outside at bizarre collection of knives hanging on the wall ... Watching the
office in operation, it seems to me the ads they run must be paying off. Calls
are steadily coming in, which means the loan officers keep busy. They bring me
deals to qualify, but I'm surprised how little they know about the business.
Then again, considering the head of sales is 20 years old and is still learning
how to spell mortgage, why should I be surprised?
Luther is all
too willing to tell Bitner his life story - a little too willing, for Bitner's
tastes.
That evening at dinner, Luther decides to drop another
bombshell. "You seem like a good guy and you'll eventually find this out, so
it's best you hear it from me," he says. "About eight years ago, a former
business partner set me up and I did a few years in the federal pen." He talks
about how he almost killed the meanest guy in the joint, came to terms with his
own mortality, and now lives every day to the fullest. After dinner we go back
to his office to retrieve a file and no sooner do we arrive than his cell phone
rings.
Like George Bailey of old in It's a Wonderful Life,
Luther is apparently a banker with a heart of gold. If anybody asks for help he
obliges, in this case, he's getting an associate out of jail.
"Oh, good
evening, ma'am. I'm so sorry to call this late. Oh yes, it's Luther. Is His
Honor still awake?" When the judge picks up the phone Luther starts talking.
"Good evening, Your Honor. Yes, sorry to disturb you." He spends the next
minute telling the judge how some friends of his had a misunderstanding. The
husband found himself in jail after a typical domestic dispute. The wife called
the police and now realizes it was all a big mistake. There is a long silence
as Luther listens intently to the judge. He finishes by saying, "Thank you for
your help, sir. You have a good evening as well." Luther turns off his phone
and says to me, "Well it's a good thing he was still up or that schmuck
would've spent the whole night in the can. He'll be out in the next hour or
two."
Bitner breaks off the commercial relationship with Luther
after catching him committing fraud on the mortgages he is attempting to send
up the line.
Much like the subprime industry itself, it seems that Luther has recently
fallen on hard times.
"An article published in the News-Herald in Ohio
related that he had been serving 17 months in prison for theft when he was
caught on tape trying to hire a hit man to kill the judge who sentenced him. I
still wonder if that was the same judge he talked to on the phone that night.
He accepted a deal in this case, according to the News-Herald, pleading guilty
to four counts of intimidation and one count of retaliation. He also pleaded
guilty to charges in an unrelated real estate fraud case where he was accused
of racketeering. Through the plea agreements, he was able to get the DA to drop
over 200 additional charges against him ranging from conspiracy to attempted
felonious assault on a police officer.
Unlike George Bailey, it
doesn't seem like there was any guardian angel "Clarence" to save Luther. Maybe
the knives scared him off.
With such an obvious decline in the personnel standards of the business, and
with all the money to be made pushing the mortgages the next station up the
line, it can't be all that surprising that the industry's moral standards
faltered as well. Bitner has much to say on this.
All the rules of proper banking, such as due diligence in investigating
potential borrowers, requiring proper documentation and collateral, and others,
have a common purpose - they protect the lenders, in effect, the entire system,
from undertaking so much lending that the ability of the lenders to eventually
get their money back falls into question. However, the proper application and
implementation of these rules comes at a price: some deals don't get done. With
each deal being so insanely profitable, and with a group of people who don't
seem to have sworn any particular allegiance to society's general normative
rules of behavior anyway, the stage was set for the catastrophe-the collapse of
the enforcement of the moralities of banking in pursuit of short-term gain.
Bitner describes how it started with many of the borrowers - they blatantly
lied about income and other factors such as their living conditions in order to
qualify for mortgages. The mortgage brokers were hardly hapless victims in
this; they knew full well what was going on - many made informed suggestions on
how to better game the system. Bitner tells of brokers who, when trying to
qualify a borrower with insufficient income, would simply go ahead
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