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January 15, 2007: On the East Coast, 2007 kicked off with weird weather and the
sudden meltdown of Mortgage Lenders Network, USA. A prominent
subprime mortgage lender based in Connecticut. Subprimes supply
loans, both for buying and refinancing, to borrowers with damaged
credit, little credit, or who have OK credit but are seeking
unconventional lending arrangements. Since subprime borrowers are
more likely to default, subprime lenders charge extra fees and
higher rates than purveyors of prime, or "conforming" loans.
Subprime risks however, get spread around.
For instance, in the majority of its transactions Mortgage
Lenders Network (MLN) doesn't lend its own money. Like other
subprime lenders they access lines of credit from other financial
institutions. Sometimes called "warehouse lenders". After
subprime loans are made, they're bundled and bought by securities
firms to be packaged as bonds. Both warehouse lenders and
subprime lenders profit from the sale. Sub-prime lenders either
continue to service the mortgages (as in, collect payments and
levy fees) or sell them to other subprime servicers.
Until recently, financial institutions were throwing money at
subprime lenders. And investors were snapping up high rate, fee
enhanced, subprime paper. But borrowers who bit off more subprime
than they could chew, believing housing values would continue to
rise at the same pace forever and cover their loans, are becoming
delinquent-- and defaulting-- at an alarming rate. Concurrently,
subprime lenders have been scraping the bottom of the borrower
barrel and making riskier and riskier loans. Bad loans are being
bounced back to originators, investors are spooked, warehouse
lenders are cutting credit lines, and new regulations are in the
wind. Subprimes are shaking out.
(Incidentally, subprime pros have tried for years to change the
common usage "subprime" to "nonconforming". But the more upscale
sobriquet hasn't stuck. Possibly because too many nonconformists
have reps for predatory lending and shark tactic mortgage
servicing. As well as for pushing loan products known as
"exotic". Those wacky exercises in nonexistent lending standards
that helped pump an epidemic of mortgage fraud and oh yeah-- the
speculative real estate bubble now leaking air like a mutha.)
Mortgage Lenders Network is the latest but not the greatest
subprime to SHAKE. The largest to date is Ameriquest Mortgage.
On the eve of 2006, California based Ameriquest was the most
beautiful subprime lender in the whole USA. Sure, they'd agreed
to pay $325 million to settle a 49 state investigation into their
lending practices. But the agreement carried no requirement
to fess up to a company policy of bait & switch loan terms,
falsifying borrowers' financial worth, or pressuring appraisers
to supersize property values. All such mortgage fraud-esque
activities were merely the result of overzealous sales associates
in regional offices. In 49 states. As for the $325 mil penalty
(established by a committee headed by attorney generals from New
York, Iowa, Illinois, California and Washington) it was a mere
bagatelle for Ameriquest. Whose parent company, ACC Capital
Holdings Corp. did $82.7 billion of sub-prime biz in 2004 alone.
Suspicious minds on the political left speculated Ameriquest got
Predatory Penalty Lite due to founder Roland Arnall's Republican
ties. Over a period of several years, Arnall and his wife raised
some $12 million for President Bush and projects dear to his
heart. They also kicked in $750,000 for Bush's 2004 inaugural
bash. In late 2005, President Bush appointed Roland Arnall
ambassador to the Netherlands. Still, the Arnalls are major
contributors to both parties; they go with the power flow.
And it's hard to imagine Dubya getting on the honker to tell a
bunch of state attorney generals, some of whom were reform-minded
Democrats, to go easy on a subprime Republican cash cow.
After Roland Arnall was made an ambassador he disengaged himself
from Ameriquest. Not a minute too soon. By the end of 2006,
Ameriquest had sunk to 7th in the subprime world. ACC Capital
Holdings is now shaking out into smaller pieces. In mid January
J. P. Morgan was shopping Ameriquest to bond hedge funds. In a
New York Post article (Hedge Funds in Bidding For Ameriquest) a
hedge pro waxed rhetorical: "If (Ameriquest) is cheap enough, why
not?". Adding that the Ameriquest penalty agreement "removed a
significant barrier for a possible buyer."
Hopefully, the tens of thousands of burned borrowers slated to
receive restitution from Ameriquest's penalty payout have already
gotten their couple-hundred-dollar piece of the subprime action.
Speaking of action, Mortgage Lenders Network is shaking out
double time. Just a few months ago they were talking expansion.
Their new corporate headquarters in Wallingford, Connecticut was
set for a taxpayer boost, arranged by the state Department of
Economic and Community Development (DECD).* Throughout 2006,
public officials in Connecticut, from top levels on down,
eulogized MLN for agreeing to stay in the state. A year earlier
MLN had complained Connecticut didn't do enough to enhance the
business environment. So MLN marketed itself to Massachusetts.
The Bay State was eager to buy. But when Conn offered extensive
tax breaks and a $4 million loan MLN decided to stay. The loan,
at 2 percent interest over 10 years, would be backed by the State
Bond Commission and was intended for land purchase. But in June
2006, the DECD requested the agreement be amended so the loan
could cover acquisition of equipment and related working capital
costs. The loan hinged on the promise MLN would retain 600
existing jobs and create 470 more by 2011. If the jobs
materialized, almost 40 percent of the loan would be forgiven.
Apparently Connecticut officials concerned with development don't
read real estate industry publications. Or they might have told
MLN "Go Mass!" By 2005 the buzz re subprime lending had turned
doomy. Even professional Panglosses acknowledged an itsy bitsy
correction was coming. More sober souls spoke of employment
contractions in the industry and warned that as the boom waned,
subprime lenders were pushing ever more bizarre and shaky loan
products. On October 26th, 2005, the Mortgage Bankers Association
(MBA) reported a nationwide slowdown in originations and
predicted the decline would continue through 2006-- a prediction
recently extended into 2008.
On October 31st of 2005, Mitchell L. Heffernan, the president of
MLN seemed to shrug off the MBA bad, as he described in an
interview with Business New Haven, how MLN had "evolved" from
servicing folks with "tainted credit" to those who had good
credit but were "looking for terms and conditions different from
the conforming market". These borrowers were called "Alt-A". In
company statements, MLN's projections for 2006 were rosy and
continued to be so all year. As the plan for the government
enhanced expansion progressed, MLN issued employment recruitment
announcements. On September 28th, MLN touted expansions not only
in Connecticut, but in Arizona, Georgia, and Pennsylvania. When
rumors surfaced in early December that MLN was in trouble, the
company announced MLN was "actively accepting loan submissions"
and "continues its growth and expansion".
One month later, in the first week of January 2007, MLN announced
that during the prior 2 months lending conditions had
"deteriorated dramatically" and MLN was ceasing to fund loans or
accept applications. They were also laying off hundreds of
employees, in Connecticut and other states. MLN executive vice
prez James Pedrick called some of the lay offs "furloughs". (No
mention was made whether chocolate, stockings and condoms were
issued to the furloughed employees.) However, Pedrick claimed MLN
would continue doing business in Connecticut (albeit in a smaller
incarnation) and planned to provide the promised new jobs by 2011
(albeit atop a smaller job base) and expressed hope that the 4
million dollar state loan would still be delivered.
Employees weren't the only ones furloughed due to the dramatic
deterioration of lending conditions. Borrowers in a number of
states found themselves one loan short of an approved mortgage.
This development riled Connecticut's Department of Banking. They
opened an investigate into MLN. A few days later, Lehman
Brothers, one of MLN's Wall Street warehouse lenders (GMAC's
Residential Funding Corp., Goldman Sachs, Merrill Lynch and the
Royal Bank of Scotland are also MLN warehouse lenders) decided to
cover the loans MLN had granted. Some say Lehman may also buy
MLN's wholesale unit; the largest part of the company and the one
hardest hit by the dramatic deterioration of lending conditions.
What were those conditions? According to MLN President Mitch
Heffernan, as quoted in American Banker on January 11th, the
problems besetting much of the subprime world weren't the main
culprit in the case of MLN. The problem was with an MLN loan
product Heffernan calls "prime". In October, in an attempt to
balance out their subprime defaults, MLN began marketing a new
loan product called A-plus-plus. (Presumably a double plus good
spinoff of the Alt-A kind.) Heffernan says those loans were
mispriced. Though origination rates for the A-plus-plus loans
were intended to be below those of conforming (or what some
people call "prime") loans, the rates were too darn low. Some
employees and a wack algorithm were responsible for the pricing
error. The employees were fired not furloughed and the algorithm
corrected. Alas, too late. The A-plus-plus loans broke the bank.
Or more accurately, warehouse lenders broke MLN's back when
they began marking down all MLN loans - not just the
A-plus-plus ones.
A dramatic deterioration indeed. In two short months a low ball
pricing error re MLN's A-plus-plus loans made warehouse lenders
undercut all MLN loans including the subprime ones. It's as if
the prime and the tainted had melted, in the wink-wink of an eye,
into one indistinguishable mass.
Carola Von Hoffmannstahl-Solomonoff
Sources include but are not limited to:
"MLN's President Details How Firm Got Into Trouble," American
Banker, 01/11/07
"Lean times for mortgage lenders foreseen in 2007," Matt Carter,
Inman News, 01/10/07
"State Banking Officials Probe Mortgage Lender," Stephen Singer,
AP/The Day, 01/04/07
"Sub-Prime Lender Cutting Back," Kenneth R. Gosselin, Hartford
Courant, 01/03/07
"Mortgage Lenders Network Halts Loans as Housing Slows," Bradley
Keoun, Bloomberg.com, 01/02/07
"Making Mortgages Like Widgets," Business New Haven, 10/31/05
"Shrinking Ameriquest Loan Empire may be sold," E. Scott Reckard,
Los Angeles Times, 12/06/06
"Deal or No Deal: Officials try to keep companies in state," Cara
Baruzzi, New Haven Register, 12/03/06
"Mortgage Lenders Network USA Announces Expansion Plans in
Phoenix," www.wlnusa.com 09/28/06
"Mortgage Lenders Network is Planting Roots, Growing Jobs in
Connecticut," Department of Economic and Community Development,
05/08/06
"Ameriquest to Pay $325 Million And Reform Lending Practices,"
Office of the New York State Attorney General, 01/23/06
"Governor Rell Announces $4 Million Loan to Mortgage Lenders USA
Inc.," 01/19/06, Department of Economic and Community Development
"All the President's Men, Meet the biggest predatory lender in
Cleveland-- America's new ambassador to the Netherlands," Denise
Grollmus, Cleveland Scene, 10/19/05
*Folks with flypaper memories will recall that the DECD was
the force behind the eminent domain land grab of the Fort
Trumbull neighborhood in New London, Connecticut, which led to
the 2005 U.S. Supreme Court decision in Kelo v. New London. And
that the DECD was at the center of the corruption scandals which
in 2004, swept X Governor John Rowland out of office and into
prison. Several of his cronies, including a former DECD head,
followed him down.
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