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December 13, 2007




Senator Dodd Introduces Mortgage Reform Bill
House Judiciary Committee Passes Emergency Home Ownership and Mortgage Equity Protection Act of 2007
AFSA Files Amicus Brief in Graupner v. Nuvell Case
Preliminary Program for AFSA’s Marketing Forum Available Online
New Member Welcome



Wells Fargo Chief Sees Momentum for Deals
GMAC Financial Services Names Chief Risk Officer





E-Payments, Cards Trump Paper Checks
No 'Distress' Seen in Credit Card Report
Can Mid-Market Merchants Comply With PCI Standards in Time?
The 10 Most Pressing Issues in E-Payments




J.D. Power and Associates Reports: Despite Recent Turmoil in the Mortgage Market, Overall Satisfaction With Primary Lenders Remains Stable
Loan-Relief Legislation Advances
A Murky Path to Loan-Mod Transparency




Study: Ban on Payday Loans More of a Burden
Student-Loan Market Feels Credit Squeeze
Banks Aim to Lure Clients From Check Cashers, Payday Lenders




Yes, Virginia, People Still Need to Finance Cars
Captive Firms Buying Deeper
FDIC: Would Take 'A Few Months,' to Mull Industrial Bank Requests





Senator Dodd Introduces Mortgage Reform Bill

Senate Banking Committee Chairman Chris Dodd (D-CT) introduced a long-anticipated mortgage reform bill, the Home Ownership Preservation and Protection Act of 2007 (S. 2452) on Wed., Dec. 12. Among the bill’s provisions are requiring borrowers to have the ability to repay loans at the fully indexed and amortized rate and requiring escrow accounts for taxes and insurance for subprime and nontraditional loans. The bill does not contain any preemptions or safe harbor exclusions.

AFSA issued a statement to the media cautioning that the bill “uses approaches likely to cut off borrowing options for consumers,” which, as a result, “will exacerbate, rather than help, the current foreclosure situation.”

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House Judiciary Committee Passes Emergency Home Ownership and Mortgage Equity Protection Act of 2007

The Emergency Home Ownership and Mortgage Equity Protection Act of 2007 (H.R. 3609), which would give bankruptcy judges the power to modify mortgage terms for Chapter 13 filers, passed the House Judiciary Committee on Wed., Dec. 12 by a vote of 17 to 15. A vote on the measure had been postponed from Nov. 7.

AFSA opposes H.R. 3609 because of its likelihood to make mortgages unaffordable or unavailable to many potential homeowners. The bill would inject massive risk into the secured lending process and the secondary markets which, in turn, will decrease liquidity in the markets and increase the cost of owning a home through a higher down payment, interest rate or both.

Financial regulators are already drafting enhanced regulations on mortgage lending, and the House has approved a change in the tax code to help those in foreclosure. In addition, the industry is actively contacting customers who are behind on their mortgage or who may be facing resets in adjustable-rate mortgages.

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AFSA Files Amicus Brief in Graupner v. Nuvell Case

On December 3, AFSA filed an amicus brief in the 11th Circuit Court of Appeals on behalf of Nuvell Credit Corporation in the Graupner v. Nuvell case. The outcome of this negative equity case will impact many of AFSA’s members in the auto finance industry. The National Automobile Dealers Association also signed onto the brief.

The question raised on appeal is whether the District Court erred in finding that the entire security interest on Appellant’s new pickup for the debt of $36,384.62 constituted a “purchase-money security interest” as that term is used in Section 1325(a) of the Bankruptcy Code. AFSA argued that the district Court found correctly, and as such its decision should be affirmed. Similar cases are beginning to bubble up through bankruptcy courts to the federal court system.

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Preliminary Program for AFSA’s Marketing Forum Available Online

Topics for AFSA’s 13th Annual Marketing Forum, which focuses on marketing and business development topics within the consumer finance industry, include how to reach today’s consumer; real-life advice on maximizing direct marketing, online marketing and telemarketing campaign ROI; and the makeup of the current political landscape. The preliminary program can be read in its entirety online.

This year’s forum will be held in conjunction with the Independents Annual Conference & Exposition at the Sheraton Wild Horse Pass Resort in Chandler, Ariz., outside of Phoenix. The Marketing Forum will take place on Thursday, March 27, 2008, and all sessions are free of charge to registered Independents Conference attendees. Likewise, several sessions from the Independents Conference, including the keynote address, are open to Marketing Forum attendees.

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New Member Welcome

AFSA welcomes Daimler Financial Services (DCFS USA LLC) as a new member. Matthew Roy, Vice President, General Counsel and Secretary, is the company’s principal officer. Back to Top






Wells Fargo Chief Sees Momentum for Deals
Reuters (12/11/07) Vol. 11, No. 49, P. 1; Bartlett, Michael

The head of Wells Fargo is not ruling out the possibility of the San Francisco-based bank making a major acquisition. Chairman Dick Kovacevich says Wells Fargo has enough cash on hand to acquire smaller lenders and portfolios of bonds and loans whenever they become available. "We're buyers," Kovacevich says. "For the first time in three years, things are making sense." Wells Fargo has also avoided exposure to the subprime lending market and subprime mortgage defaults that many of its rivals have not escaped. Bank prospects would be smaller institutions with at least $10 billion in assets, Kovacevich says. "Our primary activity will continue to be acquiring smaller institutions like the two we did this year," he says. As for rivals pursuing large acquisitions, Kovacevich says he it not concerned, noting that Wells traditionally has always favored smaller banks.
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GMAC Financial Services Names Chief Risk Officer
PRNewswire (12/05/07)

GMAC Financial Services has appointed Samuel Ramsey, with his extensive finance and risk management experience, to the role of chief risk officer. He will report to COO Al de Molina. The company has also appointed David Walker to the position of treasurer; he will report to Ramsey. Ramsey, the former treasurer of GMAC, will be responsible for balance sheet management and global risk management activities, among other duties.
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E-Payments, Cards Trump Paper Checks
Wall Street Journal (12/11/07) P. B16; Reddy, Sudeep

Electronic payments, including credit and debit cards, made up over two-thirds of the 93.3 billion non-cash transactions completed in the United States in the past year, according to the Federal Reserve. Before 2003, only about 50 percent of non-cash transactions were made through debit and credit cards. The rest were with paper checks. Since 2003, the number of electronic payments has gone up 12.4 percent annually. All in all, Americans spent $75.8 trillion in non-cash transactions last year. Of those payments that were made with paper checks, 8 percent were transferred to an electronic format for clearing. The Federal Reserve also discovered that, for the first time, debit cards bested credit cards as the most common type of electronic payment.
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No 'Distress' Seen in Credit Card Report
American Banker (12/07/07) Vol. 172, No. 235, P. 7; Wade, Will

A new report by Fox-Pitt, Kelton Cochran Caronia Waller finds the credit card industry is weathering the recent economic storms well. The report measured the financial strength of the industry using credit utilization rates, the number of people making minimum monthly payments, and payment rates as benchmarks. The report found that credit utilization rates at major card issuers Citigroup, Discover Financial Services, Bank of America, and JPMorgan Chase & Co. were flat or down slightly in recent months. Depending on whether the economy slows down, analyst Howard Shapiro predicted in a recent research note that chargeoff rates might hit 6 percent to 7 percent. Bankruptcy filings, meanwhile, are below historical averages, and card account repayment rates are up slightly.
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Can Mid-Market Merchants Comply With PCI Standards in Time?
CIO (12/06/07) Jackman, Michael

Experts are skeptical that most mid-size companies will comply with the Payment Card Industry's new Data Security Standard by Jan. 1, 2008, given the complexities of the specifications merchants must meet as well as the cost of conducting thorough security audits. Up to 45 percent of merchants may have to carry out a complete revamp of their access and security systems in order to satisfy PCI standards, says Deloitte Consulting director Brian Shniderman. The push for tougher cardholder data security comes in the wake of high-profile breaches such as the one TJX suffered, which may have compromised over 100 million user accounts. TJX was blamed for not being in compliance with PCI data and computer security standards. The standards were established by the PCI Security Standards Council, which was organized by the five major credit card brands in September 2006. The council is responsible for educating companies about the standards and qualifying and managing both the auditors who certify merchants' compliance and the approved scanning vendors who test system security. Despite the threat of penalties for failing to comply with the standards, merchants are having difficulty predicting the cost of fines because they are levied by the individual card companies, which have their own rules and rates. Additionally, these penalties are charged directly to merchants' card-processing banks, which then elect to either pass them on to merchants, absorb them, or even raise them in certain instances.
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The 10 Most Pressing Issues in E-Payments
Digital Transactions (11/01/07) Vol. 4, No. 11, P. 26; Stewart, John

There are a number of critical issues and challenges in electronic payments, one issue being a lack of consensus by wireless networks and card networks on the best way to realize profits from mobile payments. Another issue is the pressure businesses face to comply with the Payment Card Industry data security standard, which merchants complain is too complex; one possible way to address the problem is to cease storing card data, or at least retain less data at fewer sites in internal networks. Merchants are also complaining about interchange, and a potential solution is having merchants add on to the price when consumers use a card. Merchants' anger over interchange in turn fuels their attraction to alternative payments such as Google Checkout and PayPal, and one area of these services' appeal lies in the fact that they do not require storage and management of customer data. The explosion of prepaid cards carries with it a heavy burden for cardholders--especially underbanked customers--in terms of reload fees, and director of the Center for Financial Services Innovation Jennifer Tescher thinks competition could help settle the issue. Observers say usage of contactless payment cards is low despite the technology's heavy push by banks, with analyst Karen Webster attributing this trend to the cards' lack of a killer application. But growing consumer awareness and the ability to use the technology at more sites may help solve this problem. Declining ATM usage is damaging the appeal of installing ATMs at off-premise locations, and one possible solution is to combine ATMs with bill-payment kiosks that accept cash payments and offer account updates in real time; another concept with potential is to vend prepaid cards.
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J.D. Power and Associates Reports: Despite Recent Turmoil in the Mortgage Market, Overall Satisfaction With Primary Lenders Remains Stable
PRNewswire (12/12/07)

According to the J.D. Power and Associates 2007 Primary Mortgage Origination Study, borrower satisfaction with lenders has remained steady since 2006, despite the turmoil in the mortgage market. Overall satisfaction is 750 on a 1,000-point scale. "While it's true that borrowers with weaker credit and those seeking larger 'jumbo' loans experience longer approval times and requests for more documentation, satisfaction has remained steady among the 75 percent of mainstream borrowers with good credit applying for moderate sized loans," says J.D. Power's Tim Ryan. Wachovia, with a score of 827, ranked the highest. SunTrust Mortgage and Bank of America rounded out the top three. The study measured borrower satisfaction in four areas: application approval, interaction with the loan representative, closing, and problem resolution.
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Loan-Relief Legislation Advances
Wall Street Journal (12/12/07) P. A4; Paletta, Damian; Efrati, Amir

While legislation aiming to ease the mortgage crisis by altering the securitization process and allowing the Federal Housing Administration to refinance problem subprime loans remains stalled in the Senate, the House is moving forward with a proposal that would allow the restructuring of certain mortgages in bankruptcy court as a means of avoiding foreclosure. Changes in the bill by House Democrats prompted Rep. Steve Chabot (R-Ohio) to voice support for the measure, which would let bankruptcy judges change subprime and nontraditional mortgage terms over a seven-year period, provided the mortgages were written between 2000 and 2007. One of the bill's authors, Rep. Brad Miller (D-N.C.), does not expect a full House vote on the matter until the new year. Meanwhile, Ohio Attorney General Marc Dann has filed dismissal notions in more than two dozen foreclosure cases in five counties, requesting that the cases be reviewed to determine whether the banks filing the suits actually hold the mortgages and that parties negotiate workout agreements if the cases are not dismissed. Ohio is among the states with the highest foreclosure rates, and saw a 20 percent jump in new foreclosures statewide in the third quarter from the prior three-month period.
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A Murky Path to Loan-Mod Transparency
American Banker (12/12/07) P. 1; Hopkins, Cheyenne

As details emerge regarding Treasury Secretary Henry Paulson's plan to work with mortgage lenders, servicers and loan counselors belonging to the Hope Now alliance to modify subprime hybrid-adjustable rate loans for certain borrowers, there are concerns about an accompanying plan to have servicers report loan modification data. Financial Services Roundtable policy adviser and Washington Mutual Inc. Vice Chairman William Longbrake says it remains to be seen what types of data will be reported; and while Hope Now is considering the 28 metrics recommended by the American Securitization Forum, he expects only simpler data, such as the numbers of borrowers given fast-track modifications, to be released to the public. It also is uncertain how modifications, refinances and other work-out arrangements will be defined, because investors and securitizers use different definitions for these terms; who would participate in the voluntary reporting program; and whether the public would receive the information via Web site or press release.
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Study: Ban on Payday Loans More of a Burden
Chicago Tribune (12/10/07) Augstums, Ieva M.

A payday-loan prohibition may be causing more economic troubles for low-income inhabitants of Georgia and North Carolina, Federal Reserve Bank of New York research officer Donald Morgan claims. Morgan and another researcher determined that households in Georgia have bounced a larger number of checks, complained more frequently to the Federal Trade Commission concerning lenders and debt collectors, and filed more often for Chapter 7 bankruptcy protection than in other U.S. states. Meanwhile, households in North Carolina have had similar numbers as Georgia. Georgia prohibited payday lending in May 2004, while North Carolina has regularly reversed its position on payday lenders.
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Student-Loan Market Feels Credit Squeeze
Associated Press (12/10/07) Gordon, Marcy

With loan defaults on the rise and the arrival of a new law that curbs federal subsidies to lenders, experts say the student loan market is buckling under the pressure. Evidence of the credit crisis has become more noticeable in the $85 billion student loan market, where defaults are on the rise in the wake of rising foreclosures and falling home prices. The tightening credit market means student loan borrowers whose home loans have been refinanced at higher interest rates are having a difficult time keeping up with their loan payments. Compounding matters is that tightening credit standards are preventing borrowers from tapping other sources that might help them keep up their payments. All of this happened around the same time the student lending industry came under fire for their business practices and experienced a reduction in federal subsidies. Several banks and other student lenders have responded to the series of events by curtailing loan discounts to borrowers.
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Banks Aim to Lure Clients From Check Cashers, Payday Lenders
Kansas.com (12/09/07) Pugh, Tony

Banks and credit unions are starting to provide the same services that check-cashing businesses and payday lenders offer. The initiative occurs as federal bank overseers concentrate their efforts on the approximately 73 million people in this country who are underserved by the United States banking sector. The plan is that leading financial groups can transform the current check-cashing clients and users of payday loans into the low-risk borrowers of the future. The fast growth of the alternative financial sector has highlighted the significant need among numerous Americans for easy-to-get small loans and instant check-cashing without bank delays.
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Yes, Virginia, People Still Need to Finance Cars
Credit Union Journal (12/10/07) Vol. 11, No. 49, P. 1; Bartlett, Michael

Industry observers say credit unions are altering their lending strategies to reflect changes in automotive financing. In addition to diversifying their lending portfolios, many credit unions are using their strength as a relationship builder to meet changing loan requirements. "They are looking at the same number of loan applications, but funding fewer of them," says Teres Solutions President Bruce Callen. "The cost is the same whether a loan is funded or not--fees, credit reports, time spent by loan processors,--so if a credit union is funding fewer loans, costs stay the same but revenue decreases. Especially in indirect lending." Auto loan lending among credit unions peaked at 20 percent in August 2005, according to Callen. By the start of the following year, he says, the differential between income from loans and paying depositors began to tighten. As a result, some credit unions withdrew from indirect lending, which Callen says "impacted all automotive lending." Some analysts say credit unions would benefit by moving into the used car loan market. Citing the competitive interest rate opportunities of used vehicles for credit unions versus banks, National Association of Federal Credit Unions staff economist Katrin O'Connor offers statistical data to support credit unions' transition to used vehicle financing. According to credit union data, the number of new vehicle loans during the first nine months of 2007 continued to rise by an annualized 2 percent, but at a slower pace than between 2005 and 2006. O'Connor believes the trend suggests that more credit union members are choosing to buy used vehicles over new ones and that credit unions are more successfully marketing their used vehicle loans.
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Captive Firms Buying Deeper
Ward's Dealer Business (12/01/2007) P. 39; Finlay, Steve

The pool of consumers with checkered credit histories is growing and, in response, a rising number of lenders are providing near-prime, nonprime, and subprime auto financing. Roughly 40 percent of U.S. consumers fall into nonprime and subprime categories, according to Fair Isaac. David Jones of General Motors Acceptance explains that helping such borrowers improve their credit scores "is important to us." After subprime auto financing went through a crisis of defaults stemming from high-risk lending behavior in the 1990s, special-finance lenders recognized the importance of carefully managing such loans, as well as educating borrowers. Auto manufacturers' captive finance companies are among the lenders that are financing auto loans for customers with low credit scores, also known as "buying deeper." However, captives are in a unique position in that they are affiliated with auto makers and therefore have an interest in assisting car sales, which can "nudge them toward special financing," says Kelly Mankin of DaimlerChrysler Services North America. In addition to delivering money to parent companies to bankroll research and other projects, captives must also respond to dealers' needs. According to Mankin, "If dealers, OEMs, and captives are not working together, it won't work."
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FDIC: Would Take 'A Few Months,' to Mull Industrial Bank Requests
Dow Jones Newswires (12/07/07) Paletta, Damian

The Federal Deposit Insurance Corp. (FDIC) is set to lift a ban on certain industrial bank applications on Jan. 31, 2008. However, FDIC Chairman Sheila Bair recently announced it would be several months before any new applications could be approved. There are currently seven pending applications, including one for Home Depot. The FDIC instituted the moratorium on these applications in 2006 as a response to public resistance. The House has already passed a bill that would prevent retailers and a number of other commercial entities from owning banks. Similar legislation will be difficult to pass in the Senate because of the opposition of Sen. Robert Bennett (R-Utah). He opposes setting such limits on industrial banks, and over 50 percent of such banks are in his state. Still, despite his objections, congressional insiders say a compromise is not out of the question.
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Abstract News © Copyright 2007 INFORMATION INC.

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AFSA Newsbriefs is a weekly executive summary of AFSA initiatives and consumer credit articles. For more information,
please contact newsbriefs@afsamail.org.


AFSA's mission is to protect and improve the consumer credit business, maintain a positive public image, and create a legislative climate in which reasonable credit regulation can and will be enacted. The Association operates in the public interest, encourages and maintains ethical business practices, supports financial education for consumers of all ages, and provides other assistance in related fields on an as-needed basis.

The American Financial Services Association has provided services to its members for over ninety years. The Association's officers, board, and staff are dedicated to continuing this impressive legacy of commitment through the addition of new members and programs, and increasing the quality of existing services.

© 2007 American Financial Services Association
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