|
December 6, 2007
|
|

AFSA Files Amicus Brief in Wilborn v. Bank One Case
AFSA Welcomes New Associate Member
AFSA Contributes to CSG Rejection of Law that Presumes Vehicle Ownership Liability
AFSA's Zalewski Presents at Conference on Electronic Signatures and Records
AFSA Welcomes New Committee Leaders

WSJ Op-Ed from Countrywide Chief: Calling Fannie and Freddie
City Furniture Renews Consumer Financing Program With GE Money


Card Wholesale Fees Hammered
D.C. Card Math Now Subtracts Using Division
Deadline Looms for Retail Compliance
Small Banks Start Bracing for 'Decoupled' Challenge

Bush Wins Agreement to Freeze Mortgages
Legislators Mount a Defense for Bankruptcy Bills
The Democratization of Credit

Rent-to-Own Industry Reports Growth in Revenue, Customers and Store Fronts
Viewpoint: A State/Municipal Boost for Unbanked

Surge in Auto-Loan Delinquencies Is Latest Trouble for the Economy
Branching Bans in Dodd ILC Bill
Buy-Here, Pay-Here Dealers Need Repeat Business
New Jersey Efforts to Curb Title Fraud Backfire on Dealers
Dealers Sell Cars Below Invoice

AFSA Files Amicus Brief in Wilborn v. Bank One Case
AFSA participated as an amicus in the Wilborn v. Bank One case in the Ohio Supreme Court. The case concerns the collection of attorneys’ fees as a condition of a mortgage reinstatement, mortgage modification, or an alternate agreement to work out a mortgage default by means other than foreclosure litigation. In most cases, a particular borrower elected to exercise a contractual right to reinstate his or her mortgage loan, according to standard terms and conditions included in Fannie Mae/Freddie Mac Uniform Instruments. In other cases, borrowers entered into a mortgage modification or an alternate agreement to workout a default by means other than foreclosure. In each case, the particular borrower agreed to pay all reasonable expenses incurred by the mortgage holder (including reasonable attorneys’ fees) in exchange for the discontinuance of the foreclosure action and the reinstatement and/or modification of the mortgage loan.
The Wilborn plaintiffs now claim that the defendants violated Ohio common law and public policy by assessing and collecting attorneys’ fees as a condition of the mortgage reinstatement, modification, or alternate workout agreement. Plaintiffs are asking the Ohio Supreme Court to adopt a common law rule that would prohibit a lender or servicer from assessing or collecting any attorneys’ fees as a condition of a mortgage reinstatement, modification, or alternate agreement to workout a default. Plaintiffs’ proposed common law rule would make portions of Fannie Mae/Freddie Mac Uniform Instruments void and unenforceable as a matter of Ohio law, would make it more costly to work out defaults, and would have negative consequences for lenders and servicers nationwide that deal with mortgage loans originating in Ohio.
(click for web site)
Back to Top
AFSA Welcomes New Associate Member
Mr. Ray F. Bridenbaugh Vice President, Business Development Magnum Atlanta, GA 30339
(click for web site)
Back to Top
AFSA Contributes to CSG Rejection of Law that Presumes Vehicle Ownership Liability
On November 11, the Council of State Governments (CSG) rejected including a law AFSA opposed in the group’s “Suggested State Legislation” (SSL) volume. Portions of the AFSA letter were read aloud by the Chair before the vote. VA 836 holds the driver of a vehicle liable for a monetary penalty if the vehicle is found to violate a traffic signal. The statute presumes the owner of the vehicle is the person who committed the violation. That presumption, though rebuttable, places a burden on AFSA member companies.
The Council of State Governments (CSG) meets regularly to consider state laws to be sent to every state legislature as model legislation for all states. After a substitute motion to accept the measure was rejected, the original motion to reject the bill was passed. For more information, please contact Danielle Fagre Arlowe, AFSA Senior Vice President for State Government Affairs by e-mail dfagre@afsamail.org or phone (952) 922-6500.
Back to Top
AFSA's Zalewski Presents at Conference on Electronic Signatures and Records
AFSA participated in a panel at the recent “Getting e-Signatures Right” conference presented by the Electronic Signatures & Records Association. The conference discussed the role and need of standards for paperless contracting in auto finance, residential mortgage processing and annuity sales and records management. Mark Zalewski, the AFSA director of e-standards, represented the association and focused his remarks on the two American National Standard Institute (ANSI) electronic contracts standards AFSA members have completed over the past four years. Representatives from the Mortgage Bankers Association and the Association of Insured Retirement Solutions rounded out the panel. The two-day conference, held in Washington, D.C., examined the key business, technology and legal developments in electronic records and electronic signatures.
Back to Top
AFSA Welcomes New Committee Leaders
Please join AFSA in welcoming the following new committee leaders:
Executive Committee Chair Andrew Morrison Executive Vice President Brundage Management/Sun Loan Company
Financial Relations Committee Chair Mike Matera Chief Financial Officer Wells Fargo Financial Services, Inc.
Identity Theft & Fraud Control Committee Chair Jennifer Garone Privacy Practice Director GE Money, Americas
Law Home Equity Subcommittee Chair Jeff Ledbetter Assistant General Counsel American General Finance
Marketing Committee Chair Mark Criss Marketing Director Heights Finance Corp.
Marketing Committee Co-Vice Chair Jakki Geiger Director of Marketing Nomis Solutions
Operations Committee Chair Joseph D. Macon Chief Operating Officer First Tower Corp.
State Government Affairs Committee Chair Jeffrey Cash Vice President, Government Relations Wells Fargo Financial, Inc
State Government Affairs Committee Vice Chair Phillip Holt Vice President, Government and Public Relations Security Finance Corporation of Spartanburg
Back to Top

WSJ Op-Ed from Countrywide Chief: Calling Fannie and Freddie
Wall Street Journal (12/05/07) Mozilo, Angelo R.
Congressional reforms directed at the mortgage industry fall short because they do not address the cap size of mortgages that Fannie Mae and Freddie Mac and the Federal Housing Administration (FHA) can hold or insure, according to Countrywide Financial Chairman and CEO Angelo R. Mozilo in this Wall Street Journal op-ed piece. Financial Services Committee Chairman Barney Frank (D-Mass.) has made a point to push reforms that could preempt another crisis like the one currently visiting the mortgage industry. However, none of the bills pending in either house of Congress address the federal government's cap on the size of the mortgages government-sponsored enterprises (GSEs) can insure or hold, which is too small to be useful to most buyers. What Congress needs to do is raise the cap on FHA, Fannie Mae, and Freddie Mac mortgages by 50 percent, to $625,000 for one year. This change should be attached to a more comprehensive reform package to guarantee that the GSEs can support the housing market during an industry crisis, and that the proper governing bodies and controls are in place to ensure that taxpayers are protected. Meanwhile, the lending industry should try to help borrowers in danger of defaulting on their loans by working with Treasury Secretary Hank Paulson and HUD Secretary Alphonso Jackson to lower the foreclosure rate, Mozilo says.
(click for web site)
Back to Top
City Furniture Renews Consumer Financing Program With GE Money
Business Wire (12/03/07)
GE Money and City Furniture have announced that they will extend their consumer financing agreement, originated in 1990, over several more years. The City Furniture Card program offers instant credit at the point of sale, a simplified application process, and account maintenance over the Internet, among other features; it is managed by GE Money's Sales Finance unit. "Year over year, GE Money has proven their consumer financing expertise with continued innovation and customer service," says City Furniture President Keith Koenig, adding that he looks forward to continuing the relationship with GE Money. GE Money--Sales Finance vice president Greg Pittman says, "We're pleased to extend our partnership with City Furniture. The City Furniture Card is backed by customized, innovative technology that eases the application and purchasing process and increases a buyer's purchasing power."
(click for web site)
Back to Top

Card Wholesale Fees Hammered
Sydney Morning Herald (Australia) (12/05/07) P. 8; Kavanagh, John
Although the Reserve Bank of Australia's 2002 credit card reforms were successful in bringing down interchange fees, some say the reforms did not go far enough. In remarks at a two-day conference in Sydney that was organized by the Reserve Bank, Lexecon's Alan Frankel said interchange fees should be abolished altogether. "A merchant might do its credit card business with ANZ. ANZ is paying [interchange] fees to other banks for switching credit payments through the banking network and those fees are passed on to the merchant," Frankel said. "That is like getting a bill from a service provider that includes an additional charge to cover a portion of their telephone bill. It is not normal commercial practice to pass your bill on to a third party but that is what credit card scheme rules allow." Frankel added that if the Reserve Bank wanted to prevent interchange fees from being passed on to consumers it would have been better to establish a system where there is no provision for mandated merchant fees. Such a system would allow merchants to negotiate fees down to zero, if they had that pricing power, and pass the savings on to consumers.
(click for web site)
Back to Top
D.C. Card Math Now Subtracts Using Division
American Banker (12/05/07) Kaper, Stacy
Sen. Carl Levin (D-Mich.) has a history of successfully lobbying financial services providers to change their ways, and continued his critiques on Tuesday in a confrontational hearing with executives from Bank of America (BofA) and Discover Financial Services. Levin reprimanded the two providers for their "off us" repricing policies. One BofA customer testified that her rates rose after maintaining a balance near her credit limit, routinely making minimum payments, and experiencing a decline in her credit rating. Levin called the increase "unfair," adding that other major credit card companies like Citibank no longer review such activity when determining increases in interest rates. Bruce Hammonds, president of BofA's card services, argued that only 6.5 percent of the company's customers receive a rate increase due to either default repricing or risk-based repricing. The majority of the company's repricing revamps are based on defaults, in which a customer is late two times within one year. Hammonds added that BofA uses a number of risk behaviors to determine increases, but that credit scores are not used as a basis for term increases. Levin also censured BofA and Discover for failing to clearly disclose rate increases stemming from credit risk changes.
(click for web site)
Back to Top
Deadline Looms for Retail Compliance
Long Island Business News (NY) (11/30/07) Theis, Laura
Merchants who accept credit card payments have until Dec. 31 to comply with Payment Card Industry Security Standards, which require card handlers to establish a firewall to shield stored cardholder data, limit access to cardholder information by login names and passwords, and test security systems and processes on a regular basis. In addition, companies with a high volume of card transactions must submit to annual evaluations of their control systems by a PCI Security Standards Council-recognized security assessor. The PCI standards are applicable to any retailer whose yearly credit card transactions top 1 million, and failure to comply carries a maximum penalty of $500,000. The PCI standards and council were set up following fraud cases perpetrated by hackers who breached retailers' electronic data networks. The council was created by major cardholders who were tired of paying for fraud and ID theft cases and wanted retailers to bear some of the responsibility, says PricewaterhouseCoopers partner Peter Kaplan. Pricewaterhouse has organized a group to help its retail clients devise the internal controls needed to properly secure cardholder information, and is conferring with retail company executives to ensure that they can find the assistance they need to become compliant.
(click for web site)
Back to Top
Small Banks Start Bracing for 'Decoupled' Challenge
American Banker (11/28/07) P. 1; Fajt, Marissa
Capital One's issuance of a "decoupled" third-party debit card has aroused fears among community bankers of a potential decline in interchange fee revenue as well as the additional burden of dealing with complaints from customers when the new cards prove troublesome. The decoupled card is connected to a customer's existing checking account and directs payments along the automated clearing house network. Its chief advantage to customers is its rewards program, which adds a point to every dollar spent, according to ICBA Bancard executive Kevin Bell. Industry observers say bankers will have to find ways to boost their cards' appeal, either by adding their own rewards or by embedding them within a product package that dissuades customers from using the Capital One card. A new interpretation from Nacha has allayed bankers' fears that customers' daily debit purchases using Capital One's card would be rendered as a single ACH transaction in the account, and the interpretation requires each transaction by the third-party card issuer to have a separate ACH debit. "The basic reason for the interpretation is, it is important for both Nacha and the community bank, or any financial institution, to see the name of the merchant involved in the transaction," says Nacha CEO Elliott McEntee.
(click for web site)
Back to Top
Bush Wins Agreement to Freeze Mortgages
Washington Post (12/06/07) P. A1; Cho, David; Irwin, Neil
Major mortgage lenders have agreed to lock in interest rates for five years on loans made to financially troubled homeowners who obtained adjustable-rate subprime mortgages between Jan. 1, 2005, and July 31, 2007. The deal with the Bush administration represents a compromise between mortgage firms and banks that wanted to freeze rates for one or two years and banking regulators who wanted seven years. Mortgage lenders such as Countrywide Financial, big banks such as Citigroup, and nonprofit groups as well as Republicans and Democrats all support the agreement. The deal has the potential to head off a major foreclosure crisis, advocates say, considering the millions of borrowers facing a sharp increase in rates before July 31, 2010.
(click for web site)
Back to Top
Legislators Mount a Defense for Bankruptcy Bills
American Banker (12/06/07)
Banking industry representatives are concerned about potential legislation that would allow bankruptcy judges to revamp mortgage loans, and they hope the Treasury Department's plan to address loan modifications will suppress calls for bankruptcy reform. The industry says the secondary market would be negatively affected if judges were given the authority some in Congress are seeking. "The Bankruptcy Code is not the area to address the issues with subprime," says the Financial Services Roundtable's Scott Talbott. "The loan modification plan, while not perfect, is the better place to address the problem." Rep. Brad Miller (D-N.C.) disagrees, arguing that the two plans would complement one another and noting that giving the judges more authority would encourage banks to voluntarily make loan modifications. Meanwhile, Sen. Arlen Specter (R-Penn.) is backing a bill that would give judges the authority to revamp mortgages, but would mandate that banks agree to the new terms. Specter says he is concerned that if Congress gets too involved in making modifications for primary home loans, that banks will be "reluctant to lend money ... out of the fear there will be another action by Congress to move the goalposts."
(click for web site)
Back to Top
The Democratization of Credit
Washington Post (12/03/07) Fish, Lawrence K.
Lawrence Fish of the Federal Deposit Insurance Corp.'s Advisory Committee on Economic Inclusion says the Community Reinvestment Act (CRA) has bolstered the nation's economy over the last three decades by requiring banks to lend money in their local service areas as a means of eliminating "redlining," or the rejection of credit based on such indicators as race, marital status, and neighborhood. According to Fish, community development lending has topped $1.5 trillion since the law's enactment, bringing both mortgages and small-business loans to underserved neighborhoods. However, given that national and Internet lenders lack local service areas, Fish believes the CRA should be expanded to include more financial services providers and promote "community responsibility" instead of "community reinvestment." Additionally, Fish supports the creation of new products that would move consumers away from the unregulated pay-day lending industry and help them invest and save their earnings.
(click for web site)
Back to Top
Rent-to-Own Industry Reports Growth in Revenue, Customers and Store Fronts
Business Wire (12/03/07)
The rent-to-own industry grew between 2005 and 2006 in terms of profits, patrons, and store count, according to the 2007 statistical survey conducted by the Association of Progressive Rental Organizations (APRO). APRO ascribes this growth to heightened competition in the marketplace, product and store design evolution, better pricing and services, and the public's mounting appreciation of the industry's no-debt transaction and accommodating payment choices. Indeed, 200,000 new customers shopped at rent-to-own stores in 2006, and 200 new stores opened. When the revenue statistics from APRO's survey were combined with the annual reports of Rent-A-Center and Aaron's Sales & Lease Ownership, two publicly traded companies, researchers found that industry revenue increased by $100 million between 2005 and 2006. Rent-to-own stores shifting into more upscale areas, along with improved company branding across various populations, has also spurred industry growth, notes Larry Carrico, president of APRO. In 2006 the industry generated over $6.8 billion in revenue and, to date, offers rent-to-own services to 3 million customers in 8,500 stores across the country.
(click for web site)
Back to Top
Viewpoint: A State/Municipal Boost for Unbanked
American Banker (11/30/07) Vol. 172, No. 230, P. 11; Tescher, Jennifer
Local and state governments are using their convening power, marketing reach, and promotional benefits to encourage banks and credit unions to offer products and services for the unbanked. They believe that targeting financial options to the unbanked will ultimately help these residents climb the economic ladder. New York City is working with a group of private foundations to pay low-income residents $50 to open savings accounts with no monthly fees or minimum balances at eight banks and credit unions. Pennsylvania has signed up 62 credit unions to offer an alternative to payday loans, and a year later the program is responsible for 3,000 loans worth $1.5 million. San Francisco has had the most success; a group of 15 banks has opened up accounts for more than 11,000 people within two years, or more than 20 percent of its unbanked residents. Having surpassed its original goal of 10,000 accounts, the city has set a new goal of 20,000 by the fall of 2008. The initiatives show that the unbanked are embracing the products, but the key is for local and state governments to ensure that the offerings enable the unbanked to lay the foundation for a more stable financial future.
(click for web site)
Back to Top
Surge in Auto-Loan Delinquencies Is Latest Trouble for the Economy
Wall Street Journal (12/06/07) P. A1; McCracken, Jeffrey; Zuckerman, Gregory
Auto-loan delinquencies are rising. A Lehman Brothers survey indicates that around 4.5 percent of auto loans made last year to top-rated borrowers were at least 30 days delinquent as of the end of September, versus 2.9 percent in August; 12 percent of subprime borrowers were delinquent on their 2006 auto loans as of September, representing the highest level since 2002 and up from 11.1 percent in August. "We're starting to see signs of rising losses, and delinquencies are creeping up," reports GSC Group's Dan Castro. The mortgage slump could increase the difficulty of carrying car loans. Usually, the delinquent borrower in a car loan is not a speculator, but someone whose ability to make what previously looked like an affordable payment has been hampered. "Auto-loan defaults tend to be event-driven, like a job loss or an unexpected healthcare bill or a divorce," notes AmeriCredit CEO Dan Berce. "We watch closely economic indicators like unemployment rate, weekly job claims, or hours worked." Borrowers were at least 30 days behind on 2.77 percent of all auto loans made by nonbank lenders in the second quarter.
(click for web site)
Back to Top
Branching Bans in Dodd ILC Bill
American Banker (12/03/07) P. 4; Adler, Joe
A bill from Senate Banking Committee Chairman Sen. Christopher Dodd (D-Conn.) calls for a ban on interstate branching by industrial loan companies (ILCs) currently owned by commercial companies as well as a prohibition on their opening of loan offices and the establishment of automated teller machines in states where they do not already have branches. All commercial companies with the exception of automakers would be barred from owning industrial banks under the legislation. In addition, ILC parent companies that lack an umbrella regulator would be subjected to consolidated supervision by the Federal Deposit Insurance Corp. (FDIC), while grandfathered ILCs owned by commercial parents would be required to meet FDIC approval in order to be allowed to engage in new activities. Furthermore, the bill would permit automakers to employ an ILC for purposes already undertaken by an ILC owned by a rival, and would require that all depository institution subsidiaries of ILC parents comply with regulatory standards of being "well managed" and "well capitalized."
(click for web site)
Back to Top
Buy-Here, Pay-Here Dealers Need Repeat Business
Automotive Digest--Funding Weekly (11/30/07)
The buy-here pay-here market is expected to benefit from the subprime mortgage crisis. However, competition between these dealers will also increase. To keep up the pace, buy-here pay-here dealers will need to update their sales plan so they keep customers coming back and construct a positive reputation through word of mouth. To maximize their benefit during the subprime fallout, dealers should point out they offer an avenue to rebuild credit while remaining aware the market can cause a customer's credit to plummet overnight. To avoid problems from this phenomenon, dealers should step up their verification processes.
(click for web site)
Back to Top
New Jersey Efforts to Curb Title Fraud Backfire on Dealers
Automotive Digest--Funding Weekly (11/30/07)
New Jersey legislators are making a move to reverse the state's reputation as a good place to wash titles. As part of this effort, all title work will now have to be sent to a central office in Trenton and out-of-state transfers will no longer be handled by outside contractors. This means titles can take up to six weeks to come through, putting a significant burden on dealers. To alleviate this problem, dealers can use a temporary receipt after sale. New-car dealers can also use NJCAR to process requests.
(click for web site)
Back to Top
Dealers Sell Cars Below Invoice
Ward's Dealer Business (11/01/2007) P. 14; Washington, Frank S.
Selling cars beneath invoice price is becoming more common. Edmunds.com reports that through May, nearly 60 nameplates representing 21 brands sold beneath invoice, the wholesale cost the dealer pays the auto manufacturer. The models, all of them 2007, included a variety of cars, such as the Mercury Milan and the Mercedes-Benz SL. A Pontiac Grand Prix, for example, sold at $52 beneath dealer price, while a Chrysler Crossfire sold at $12,358 below dealer price. Selling beneath invoice has three causes, including the maker-to-dealer incentive that has always existed. In addition, the marketplace has become highly competitive, and consumers are coming to dealerships equipped with information they have obtained from car-data Web sites. Lastly, American-brand dealers in 2006 experienced around 800,000 less in sales than in 2005, which means heavier competition for sales among U.S.-brand dealers who are utilizing their holdback sales-incentive funds obtained from auto manufacturers to lower prices even more beneath invoice. In addition to selling below invoice, a new tactic known as low-balling is popping up, in which certain salespeople are giving consumers atypical beneath-invoice quotes before they exit the dealership, knowing that no other dealership will match the price.
(click for web site)
Back to Top
Abstract News © Copyright 2007 INFORMATION INC.
|
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.
|