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November 29, 2007




Chairman Dodd Drafting Bankruptcy Legislation
AFSA Makes the Case for Installment Loans
NADA Executive Addresses the AFSA Vehicle Finance Division
AFSA Submits Letter on the U.S. Financial Regulatory Structure
Michigan Legislators Learn about MoneySKILL®



GMAC May Buy Non-U.S. Lender to Combine With ResCap
Deal Will Let Some Borrowers in California Keep Low Rates





Profit Squeeze, Interchange, and PCI Top Acquirers' Gripe List
Contactless Vending Gains 4,000 More Machines With Latest Pact
Opposing View: Let Consumers Choose




Dodd Bankruptcy Plan Spelled Out
Bills Would Let Judges Remake Mortgages
House Passes Bill Revamping Mortgage Lending
Schumer Bill Targets Mortgages' Fine Print




Consumers Eye Social Lending on the Web
Clinton Takes on Student Loan Industry
Viewpoint: Technology Is Helping Firms Reach Unbanked




Dealer Defends His Customers
FDIC: Won't Extend Indus-Bank Moratorium Past Jan
Industrial Bank in Store
Auto Sales Outlook Dampened by Tighter Lending Environment





Chairman Dodd Drafting Bankruptcy Legislation

Senate Banking Chairman Christopher J. Dodd (D-CT) said Wednesday that he plans to introduce legislation soon that would rewrite portions of the bankruptcy code. His package will include language that would change the treatment of mortgage debt to help struggling property owners hold on to their homes, considering debtors’ “individual circumstances” when determining their ability to pay off their debts. It also would ensure that medical debts can always be discharged in bankruptcy.

In response to problems in the subprime mortgage market, other lawmakers in both chambers already have been pressing changes to the bankruptcy law similar to Dodd’s mortgage proposal. His measure would allow bankruptcy courts to modify the terms of home mortgages during bankruptcy proceedings, something prohibited under current law. In the House, members also have been working on a deal to pass similar legislation (HR 3609). The Judiciary Committee on November 7, postponed a scheduled markup of the measure after a compromise designed to win some Republican support fell through. Back to Top


AFSA Makes the Case for Installment Loans

The AFSA State Government Affairs Committee (SGA) recently issued a white paper that examines “small-sum” lending in the United States. It concluded that these loans have a number of economic advantages. They act as a fuel to the country’s economy, for example, free up funds that allow the borrowers to deal with emergencies, and “liberate borrowers from the tyranny of collateral”. To see the entire report, please go to the State Government Affairs section of the AFSA Web site, under Resources and in the White Papers section.
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NADA Executive Addresses the AFSA Vehicle Finance Division

Today’s dealers face numerous challenges, from climate changes to legislative and regulatory proposals to complex compliance concerns to the mortgage crisis’ possible spillover into sales of new and used vehicles, said National Automobile Dealers Association (NADA) chairman Dale Willey during last month’s meeting of the AFSA Vehicle Finance Division Advisory Board. To view the entire article, please go to the AFSA Web site.
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AFSA Submits Letter on the U.S. Financial Regulatory Structure

On November 21, AFSA submitted a letter to the U.S. Treasury Department in response to its request for comment on the current regulatory structure for financial institutions. AFSA wrote that it believes that the current diverse group of regulators has served the nation well and that is not necessary for the Federal Reserve to play a larger role in banking supervision.

Additionally, AFSA held that the current regulation of bank-holding companies should not be changed. The banks that want to operate under the Bank Holding Company Act model should be allowed to do so. But the choice to operate under a bank centric model should be preserved. Bank subsidiaries of larger diversified parent companies generally have access to abundant capital and receive extensive marketing support. These banks are currently the strongest group of banks in the nation, and AFSA believes there is no reason their development should be constrained. If any amendments are considered, they should be to expand the availability of this type of charter choice across the nation.
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Michigan Legislators Learn about MoneySKILL®

On November 27, AFSA Education Foundation President and CEO Susie Irvine testified before the Michigan House Banking and Financial Services Committee about the benefits of MoneySKILL®. A provision of Michigan’s “2002 Consumer Mortgage Protection Act” directs the state’s regulators to develop and distribute financial education programs to local governments, financial institutions, and other interested parties. Of the more than 5,000 teachers from all 50 states and 20 plus foreign countries who have registered for MoneySKILL®, only 90 of them are from Michigan, demonstrating that MoneySKILL® has a lot of room for growth in the state.

A 34-module interactive course that covers income, expenses, assets, liabilities and risk management, MoneySKILL® allows students to incorporate personal finance concepts into their everyday lives and challenges them to make the concepts their own.

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GMAC May Buy Non-U.S. Lender to Combine With ResCap
Bloomberg (11/21/07) Salas, Caroline; Mildenberg, David

GMAC is considering purchasing a non-U.S. mortgage company, according to a statement from the lender. Moreover, GMAC could use the mortgage lender in a tie-up with Residential Capital to save its subprime lender from bankruptcy. "They're stating in a pretty solid way: 'If you want to price our debt at these distressed levels, we'll buy it back,'" says Mirko Mikelic, who helps manage $13 billion in fixed-income assets at Fifth Third Asset Management. "It's a smart move if you've got the capital." GMAC's new owner, Cerberus Capital Management, is bidding for Northern Rock, but a spokeswoman declined to comment on whether the U.K.-based mortgage lender was the target. GMAC, which added in the statement that it may sell parts of ResCap, also wants to buy back $750 million of its own debt.
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Deal Will Let Some Borrowers in California Keep Low Rates
New York Times (11/21/07) P. C7

In an effort to curtail foreclosures during the next two years--when interest rates on 500,000 subprime mortgage across the state readjust--California Gov. Arnold Schwarzenegger has forged an agreement with Countrywide Financial Corp., GMAC, Litton Loan Servicing, and HomeEq Servicing Corp. that would allow borrowers who likely will not be able to make their mortgage payments after the reset to keep their initial rates. In order to qualify for the program, borrowers must be current on their mortgage payments and reside in the homes. Ideally, the lower rates will remain in effect for five years; but individual circumstances will determine the time span, according to Schwarzenegger aide Sabrina Lockhart. She notes that the lenders plan to identify borrowers who would benefit from the program prior to their reset dates and upgrade their methods of gauging borrowers' ability to repay loans at reset rates, adding that borrowers need to make an effort to avoid foreclosure as well.
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Profit Squeeze, Interchange, and PCI Top Acquirers' Gripe List
Digital Transactions (11/26/07)

"Margin compression," high interchange, and compliance with the Payment Card Industry data-security standard were rated the acquiring industry's top three hurdles by an Aite Group survey of merchant acquirers and independent sales organizations. Aite analyst Adil Moussa says the margin compression partly stems from the growing commoditization of the acquiring business and partly from merchants' enthusiasm to shop for new processors. The pressure on discount rates is being stepped up by acquirers and ISOs generating lower revenues on highly profitable leases or sales of point-of-sale terminals, and the survey estimates that the share of merchant processors' revenues derived from discount rates rose from 77 percent in 2002 to about 81 percent in 2006, compared to a decline from 9 percent to 6 percent for sales of POS terminals. "Interchange is going higher, but also the discount rate acquirers can get away with is getting lower," notes Moussa. Acquirers and ISOs are offering merchant cash advances, automated clearing house services, and other profitable products in response to the pressure on bank card discount rates. Acquirers and ISOs are also unhappy about the heavy load they face in complying with PCI security standards, which reflects similar complaints from retailers and other merchants.
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Contactless Vending Gains 4,000 More Machines With Latest Pact
Digital Transactions (11/26/07)

Vending machine card-reading device vendor USA Technologies has entered into an agreement with MasterCard for the installation of USA Technologies' e-Port G6 magnetic-stripe and contactless payment card readers in over 4,000 vending machines. USA Technologies says the agreement with MasterCard is part of the card issuer's "PayPass seeding initiative," and a MasterCard representative says the effort seeks to maintain PayPass' competitive edge in the contactless payment sector and cultivate new acceptance venues for cards overall. This is the fourth pact between USA Technologies and MasterCard in the past 18 months and will bring the total number of already or soon to be e-Port-equipped vending machines to 17,500. The first agreement, to install e-Ports in 1,000 units owned by the Philadelphia Coca-Cola Bottling Co., was made in July 2006, and was followed in November 2006 with a deal to equip 5,000 Cadbury Schweppes Americas Beverages machines. In May the companies forged an agreement for USA Technologies to install 7,500 e-Ports in Coca-Cola Enterprises machines, and all but 500 of those machines had e-Ports installed by Oct. 31. In its quarterly report to shareholders, USA Technologies says it "is also considering the possibility of becoming a credit card processor. We believe that becoming a credit card processor would enable us to increase our processing revenues and gross profits."
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Opposing View: Let Consumers Choose
USA Today (11/16/07) Stinebert, Chris

There is a time and a place for credit cards with higher fees and lower lines of credit, says American Financial Services Association President and CEO Chris Stinebert. In his opinion, these cards should not be banned because sometimes they offer the best option for consumers who need to build up their credit. The higher fees are necessary in that they allow financial institutions to assume the elevated risk that comes with lending to consumers with bad or little credit. Although such cards should not be banned, Stinebert believes there are some guidelines that must be followed to keep consumers safe. First, fraudulent lending practices should be prosecuted to the full extent of the law. Next, all disclosures should be clear and understandable. And finally, consumers themselves must make sure they understand all parts of a card agreement before signing up.
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Dodd Bankruptcy Plan Spelled Out
American Banker (11/29/07) Vol. 172, No. 229, P. 2; Kaper, Stacy

Senate Banking Committee Chairman Christopher Dodd (D-Conn.) has released some specifics related to his plan to change the Bankruptcy Code and allow bankruptcy judges to make changes to certain mortgages to prevent foreclosures. Dodd's proposal would treat mortgages in the same fashion as other secured debt and would "seek to undo the most pernicious aspects of the recent bankruptcy legislation that was passed in 2005," according to a news release. Changes would be made to the means test that stipulates how much debt consumers would repay. Changes would also allow judges to take into account consumers' specific situation; make sure that alimony and child support payments are dealt with before anything else; and make sure that private student loans and medical bills could be discharged.
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Bills Would Let Judges Remake Mortgages
Washington Post (11/20/07) P. D1; ElBoghdady, Dina

Bankruptcy court judges would be able to amend the mortgage loan terms of borrowers at risk of foreclosure, according to a new bill that has been the subject of two House hearings and similar legislation that has been introduced in the Senate. Supporters say loan modification is needed because it could keep half a million people from losing their homes; but lenders say it would increase risks as judges reduce the principal balance of loans to homes' "fair market value," with the rest being treated as unsecured debt that borrowers pay little or none of. Republicans plan to address the concerns of the mortgage banking industry by sponsoring bills that would limit modifications to borrowers whose loans were made in a certain time period.
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House Passes Bill Revamping Mortgage Lending
Washington Post (11/16/07) P. D7; Zibel, Alan

The U.S. House passed a bill that would strengthen federal laws on mortgage lending, but many Republicans said they agree with the mortgage banking industry in that the legislation is an overreaction to problems in the residential finance market. The measure would prohibit lenders from making loans that borrowers are unable to repay, establish a nationwide licensing system for mortgage brokers, and hold Wall Street banks that package mortgage securities into investments accountable for violations of lending laws. A companion proposal is expected to face more of a fight in the Senate due to concerns raised by the Bush administration and the mortgage industry.
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Schumer Bill Targets Mortgages' Fine Print
Rochester Democrat & Chronicle (NY) (11/16/07) Daneman, Matthew

In response to a foreclosure epidemic sweeping the nation, Sen. Charles Schumer (D-N.Y.) has introduced legislation designed to keep key financing terms from getting lost in the fine print of mortgage documents. Under a proposal unveiled on Nov. 15, mortgage lenders would have to spell out--in plain wording and readable type--a loan's interest rate, fees, and monthly payment as well as the dates when the interest rate can be adjusted and the rate and payment amount possible under the re-set scenarios. The Mortgage Disclosure Enhancement Act of 2007 would require this information to be conveyed in a single-page document, which Schumer says will better inform borrowers of the costs associated with a loan and help them make an informed decision on whether or not to accept the terms.
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Consumers Eye Social Lending on the Web
Associated Press (11/28/07) Farwell, Jackie

Peer-to-peer lending, in which loans are issued between complete strangers, is growing increasingly popular in the United States via Web sites such as Prosper.com and FaceBook's LendingClub. Social lending within communities is a long-established tradition, but the Web sites are revitalizing the practice by offering borrowers rates superior to those offered by banks, and by enabling lenders to earn higher returns than would be generated by other investments. Moreover, the personal stories and photos that come with borrowers' requests provide a social connection that benefits both parties, because lenders can take pleasure in helping someone in need and borrowers can ask lenders to overlook imperfect credit scores. On Prosper.com, lenders have an average rate of return of 9.28 percent, and the default rate is roughly 2.7 percent, though as loans mature the number is forecast to rise, says Prosper CEO Chris Larsen. Prosper charges closing fees and service fees to make its money.
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Clinton Takes on Student Loan Industry
New York Times (11/24/07) Healy, Patrick

Sen. Hillary Clinton (D-N.Y.) spent most of her Sioux City, Iowa, campaign stop discussing her ideas for fighting autism, but a question about the rising cost of higher education during the Q&A period prompted her to lay out her college affordability plan. Clinton said students were being "ripped off" by the student loan industry and added, "I want to get rid of the student loan companies." Clinton, who said she borrowed money at 2 percent interest when she went to college, stressed that she supports the Federal Direct Loan Program, which former President Bill Clinton pushed for in part to eliminate for-profit lenders as middlemen. Clinton said she wants to make it easier for borrowers to repay loans, and give them enforceable rights to fair monthly payments and access to fair interest rates and fees. She also wants to give students the right to shop for loans in a free marketplace as well as access to better information on loans. Furthermore, she advocates a "student borrower's bill of rights."
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Viewpoint: Technology Is Helping Firms Reach Unbanked
American Banker (11/16/07) Vol. 172, No. 222, P. 10; Koide, Melissa; O'Brien, Rourke

Electronic bank accounts for Social Security earners could equal federal savings of up to $125 million a year as well as taxpayer savings and additional benefits for retirees and lower-income workers. Social Security payments and other federal benefits will deposit directly into the Direct Express electronic bank accounts, sponsored by the Treasury Department. Congressmen are also getting in on efforts to encourage savings among every demographic; in August, Sens. Hillary Clinton (D-N.Y.) and Gordon Smith (R-Ore.) introduced the New Savers Act, which brings affordable bank accounts to unbanked workers and gives account holders experience and resources in financial management. Currently, major financial institutions are crafting a proposal that will automatically deposit refunds for workers with salaries under $30,000 into an Assets and Transaction Account (ATA). With an ATA, user refunds could be accessed through a versatile network-branded card.
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Dealer Defends His Customers
Ward's Dealer Business (11/01/2007) P. 41; Gordon, Mac

A recent article questioning the creditworthiness of Saturn buyers is erroneous, asserts Don Hudler, former Saturn president. An article in the Aug. 20 issue of "Business Week" said purchasers of Saturn cars are 22 times more prone to defaulting on their loans compared to buyers of Toyota cars. Hudler says the article's findings were based on unreliable data from an upcoming book, "Household Credit Usage." He adds that the statistics for the book allegedly come from one bank and "consisted of 7,000 loans." However Business Week failed to explain the source of its original data. Hudler also notes that "over 80% of Saturn owners are financed mostly with GMAC or a single bank that each Saturn retailer elects to use, with subprime contracts going to various other lenders." This implies that the biggest lenders had already rejected the bulk of the research subjects, which accounts for their high default rate, he explains. Bill Marsh Jr., a Saturn dealer in Traverse City, Mich., says the loan default rate among Saturn buyers is equal to or perhaps less than those of his other franchises.
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FDIC: Won't Extend Indus-Bank Moratorium Past Jan
Dow Jones Newswires (11/28/07) Paletta, Damian

The industrial-bank charter moratorium will not be extended past January, according to Federal Deposit Insurance Corp. Chairman Sheila Bair. "We've extended it for 18 months already, and I think if we go much longer we expose ourself to litigation risk," Bair said Wednesday. The moratorium was designed to give Congress the chance to review the industrial loan company (ILC) issue. Thus far, the House has passed a bill prohibiting most ILCs, but the Senate has yet to act.
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Industrial Bank in Store
Salt Lake Tribune (UT) (11/27/07) Oberbeck, Steven

The Federal Deposit Insurance Corp. (FDIC) has granted Indianapolis-based WellPoint Inc. deposit insurance for its industrial bank, which will open if approved by Utah regulators. WellPoint's industrial bank, which will be called ARCUS Financial, is being structured to accept deposits from WellPoint members who are allocating money to health savings accounts. Such accounts enable consumers to save, on a tax-free basis, for future health expenses. Industrial banks, or industrial loan corporations (ILCs), were approved by Congress in 1987 in an exemption to federal banking laws. The exemption provided commercial companies with an easy method for owning a federally insured bank. ILCs can make loans and take deposits, among other things, but the majority of ILCs opt to function within a narrow corporate niche. In 2005, Wal-Mart's attempt to own an ILC generated much controversy in Congress, with some lawmakers contending that such a move would threaten the nation's policy of separation between banking and commerce. Consequently, the FDIC imposed a moratorium on granting deposit insurance for commercial businesses such as retailers.
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Auto Sales Outlook Dampened by Tighter Lending Environment
CNNMoney (11/21/07) Bennett, Jeff; Kosdrosky, Terry

National Automobile Dealers Association economist Paul Taylor says he is concerned that rising real estate foreclosures will signal a rise in delinquencies involving auto loans. Another auto industry observer, Brian Johnson, an analyst with Lehman Brothers, believes the move to tighten lending to consumers could spread to auto loans, which could ultimately have a negative impact on sales. The auto industry already anticipates a slump for the U.S. market next year. Johnson says an increase in delinquencies on auto loans could result in credit losses on the loans for the financing arms of auto makers. Auto lenders say consumers are not having problems obtaining or paying their loans, and Ford Motor Credit says delinquencies and repossessions are near historic lows. Bankrate.com assistant managing editor Roger Capettini does not believe there will be problems in auto financing because auto makers and dealers are primarily behind auto loans. "The manufacturers and dealerships will still have to lend money to customers because they don't have other revenue sources to fall back on," says Capettini.
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Abstract News © Copyright 2007 INFORMATION INC.

In This Issue:





























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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