| Home | About Us | Join | Meetings | Contact |

October 11, 2007




AFSA Joins HOPE NOW to Reach At-Risk Homeowners
Legislation to Change Bankruptcy Code Passes House Subcommittee



New Way to Turn in Leases
AmeriCredit Car-Loan Losses Ebb as It Eases Off Subprime





Report: African-American Market Untapped by Most Providers
Debit Cards: The Profitability Challenge
PCI and Other Breach Laws Under Assault
Are Credit-Card Companies Cleaning Up Their Act?




Bankruptcy Efforts Take Another Turn
Harvard Prof Says Choices Vex Consumers
A New Mortgage 'Cop'
Subprime Mortgages Getting a Bum Rap




SLM Escalates Battle, Sues J.C. Flowers Group
Watchdog Groups Push for 'Credit Freeze'
Proving Who You Are




CIQ/Voisys Improves Internet Finance Leads Program
A Tough Sell for Backers of ILC Bill
The (Blue) Sky's the Limit





AFSA Joins HOPE NOW to Reach At-Risk Homeowners

On October 10, AFSA president and CEO, Chris Stinebert, represented the association at a news conference with Treasury Secretary Henry M. Paulson, Jr. and HUD Secretary Alphonso Jackson to announce the formation of HOPE NOW. This new alliance will seek to strengthen efforts to help struggling homeowners keep their homes. Other participants at the event included NeighborWorks America CEO Ken Wade; Wells Fargo Home Mortgage Co-President Michael J. Heid; and American Securitization Forum Executive Director George Miller.

HOPE NOW will work to ensure that servicers and counselors work together to develop improved strategies and techniques to reach at-risk borrowers, including improved technology for managing counseling and servicing interactions and clarifying standards for funding counseling as a reimbursable expense in pooling and servicing agreements. AFSA is a member of HOPE NOW and was mentioned as a supporter in a news release about the new alliance.

(click for web site)
Back to Top


Legislation to Change Bankruptcy Code Passes House Subcommittee

On October 4, AFSA staff attended the markup of H.R. 3609—the “Emergency Home Ownership and Mortgage Equity Protection Act of 2007” by the House Judiciary Subcommittee on Commercial and Administrative Law. The bill passed by a roll call vote of 5-4.

The bill makes major changes to the bankruptcy code by allowing bankruptcy judges to modify the terms of a mortgage in a Chapter 13 proceeding, including reducing the loan’s value, extending the terms of the loan, lowering the interest rate, delaying the effective date of an adjustable rate increase and waiving mandatory credit counseling. The bill is expected to come before the full Judiciary Committee today. Republican members noted that the issue of bankruptcy reform in relation to mortgages should be addressed not only by their committee but also by the Financial Services Committee. Democrats on the committee objected to this idea.

AFSA will continue to convey the association’s concerns about this legislation and its negative impact on homeowners. For further information, please contact Bill Himpler, Executive Vice President of Federal Government Affairs, at 202-466-8616 or bhimpler@afsamail.org.

(click for web site)
Back to Top






New Way to Turn in Leases
Ward's Dealer Business (10/01/2007) P. 42

Chrysler Financial expects to complete the nationwide rollout of its overhauled lease turn-in process by November. The new vehicle turn-in process will include a 20-point billing inspection, in which any excess wear and use charges will be immediately calculated and an odometer statement will be generated to produce final billing. Chrysler will accept payment by credit card to close an account. "The new process ensures a best-in-class lease turn-in experience for Chrysler Financial customers by providing services that make the turn-in process quicker and easier," says Eckart Klumpp, vice president-remarketing for Chrysler Financial. Moreover, customers can turn to the interactive tools available at http://chryslerfinancial.com to prepare for turning in leased vehicles to dealerships. At the Web site, customers will learn more about the "Credit Card Test" to determine what kind of damage is covered at no cost, find inspection reports they can fill out before returning to a dealership, and find contact information for their local dealership Lease Loyalty Coordinators.
(click for web site)
Back to Top

AmeriCredit Car-Loan Losses Ebb as It Eases Off Subprime
Ward's Dealer Business (10/01/2007) P. 43

AmeriCredit has reported a rise in loan origination and net income, successfully deflecting domestic-brand sales declines in California. The lender's president and CEO, Dan Berce, says AmeriCredit is now facing a "ruboff" effect due to greater numbers of foreclosures in home mortgage and subprime non-auto loans posting fiscal year 2007 net income of $360.2 million, up from $306.1 million in 2006. The yearly income takes into account a $6 million gain from the sale of AmeriCredit's investment in online financing firm Dealer Track Holdings. Berce observes that despite decreased domestic-brand sales, the company's new-loan originations rose to a near-record $2.51 billion in its fourth fiscal quarter and to $8.45 billion for the full year. According to Berce, the company's net credit losses fell to the lowest point in its 15-history, "reflecting our shift to increased acceptances of prime and near-prime loans." AmeriCredit's portfolio comprises 15,300 mostly franchise dealers in the United States and Canada and receivables of approximately $16 billion. "Our model has helped us grow in such a market, with our absorption of subprime lenders Bay View Acceptance and Long Beach Acceptance and our decision to raise our portfolio of prime and near-prime loans to about 38 percent of our total portfolio," says Berce.
(click for web site)
Back to Top






Report: African-American Market Untapped by Most Providers
MediaPost Publications (10/08/07) Irwin, Tanya

A new report from Packaged Facts reveals that the African-American market has been neglected by most financial services providers, despite being expected to amass a buying power of $981 billion by 2010. Packaged Facts' study shows that 45 percent of U.S. adult African Americans possessed or utilized credit cards in the fall of 2006, fewer than any other major ethnic or racial group; debit card use among African Americans was also outpaced by the general population's rate of debit card use. These findings open up a considerable opportunity for financial services providers to recruit more African-American cardholders and to convince them to use credit and debit cards more frequently. Study author Luis Clemens recommends that marketers link credit card offers to life insurance coverage or student loans, as those services are valued and used by many African Americans. Personal finance columns published in various print outlets would be another effective way to reach the African-American market, as African Americans regularly assert a need for more information about financial services, and are more likely than other groups to read the business section of the newspaper, says Clemens.
(click for web site)
Back to Top

Debit Cards: The Profitability Challenge
Cards International (10/06/07) P. 14; Conroy, Victoria

The April 2007 Preferred Payments study concludes that debit cards are the preferred payment for POS purchases among U.S. consumers, while McKinsey projects that debit cards will account for 15 percent of total U.S. payments by 2009, earning issuers approximately $21 billion. However, more and more consumers are expecting debit cards to be a free bank account feature, leading issuers to doubt their profitability. In addition, decoupled debit cards issued by non-banks or financial institutions that do not hold the customer's primary or current checking account could make it unnecessary for consumers to stay connected to a specific bank's current account and attached debit card. Issuers are approaching debit card innovation and function augmentation proactively, making rewards and loyalty programs increasingly common. But the goal of such offerings, whether it be higher customer retention, growing deposits, or increased fee revenue, must be clear in the issuer's mind. Whether the expected revenue will compensate for the cost of the rewards program's provision is another factor issuers must be mindful of. To improve debit card profitability, banks must wrestle with the challenge of producing related revenues, particularly current account revenues, and customer segmentation plays a crucial role in that area.
(click for web site)
Back to Top

PCI and Other Breach Laws Under Assault
InfoWorld (10/05/07) Hines, Matt

The Payment Card Industry Data Security Standard was criticized by the National Retail Federation, which released a statement from CIO David Hogan noting that credit card companies typically require retailers to retain card numbers for prolonged periods to satisfy "card company retrieval requests." He said if merchants had the option to stop saving such information, they would reduce their own vulnerability to data breaches and guarantee better customer security. "The bottom line is that it makes more sense for credit card companies to protect their data from thieves by keeping it in a relatively few secure locations than to expect millions of merchants scattered across the nation to lock up their data for them." Some experts say numerous card processors and retailers have a long way to go before they can technologically comply with PCI regulations. Meanwhile, California legislation that requires retailers who experience data breaches to refund any costs incurred by banks and card companies for re-issuing cards to affected customers is awaiting the governor's signature, and merchants are understandably upset. Capitol Hill lobbyists report that the interest in the various data measures currently in committee comes and goes, with one anonymous lobbyist remarking, "It's one of those things where a lot of these bills might get done this session, or maybe they won't get done at all."
(click for web site)
Back to Top

Are Credit-Card Companies Cleaning Up Their Act?
Smart Money (10/07) Todorova, Aleksandra

Due to the increasing number of problems Americans are having with their credit cards, Congress and industry regulators are examining the sector's activities. In 2006, the Government Accountability Office released a study showcasing the growing complexity of credit card rates, disclosures, and fees. Numerous congressional hearings have been conducted in 2007 and several consumer-friendly pieces of legislation have been proposed that, if approved and signed into law, would place limits on rate increases and ban practices such as universal default, which permits creditors to increase a consumer's rate if his credit score falls or if he makes a late payment on a different creditor's account. Most significantly, the Federal Reserve Board, which has the power to set credit card regulations under the Truth in Lending Act, is trying to restructure disclosure rules. The recommended changes include mandating creditors to provide consumers 45 days' notice before altering account terms, such as fees, and prior to implementing penalty interest rates.
(click for web site)
Back to Top




Bankruptcy Efforts Take Another Turn
American Banker (10/10/07)

Senate Banking Committee Chairman Christopher Dodd (D-Conn.) has announced a proposal to overturn provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Dodd's plan would be crafted to safeguard "consumers, not creditors," according to the senator's office. In a press release, Dodd voiced his commitment to helping American families in danger of losing their homes, though he has not specified which of the act's provisions are targeted for change. Other legislators are pursuing similar pieces of legislation that would provide bankruptcy judges with more flexibility to alter mortgage terms; one such bill would allow borrowers in bankruptcy proceedings to restructure their primary home mortgage. Consumer groups endorse such bills, which could help "tens of thousands of homeowners," despite being narrower in scope than Dodd's plan, says Travis Plunkett of the Consumer Federation of America. Indeed, consumer groups are calling on Dodd to disconnect his broader reform endeavors from the narrower bills, though they appreciate his support. Industry lobbyists object to even the limited bills, as they fear any progress in amending the bankruptcy law could result in a wider campaign to rescind parts of the Bankruptcy Abuse Prevention and Consumer Protection Act, which drove more debtors into repayment plans and took the industry 10 years to get ratified.
(click for web site)
Back to Top

Harvard Prof Says Choices Vex Consumers
National Mortgage News (10/08/07) Vol. 32, No. 3, P. 8; Sinnock, Bonnie

At the recent New England Mortgage Banking Conference, Harvard University economics professor Sendhil Mullainathan blamed many of the problems tied to nontraditional mortgages on the failure to take consumer behavior into account when providing numerous loans from which to choose. Mullainathan said product designers often believe borrowers will make the same decisions that they would, but he underscored the fact that people think and behave differently. Though consumers like having numerous options available to them, Mullainathan said they tend to become overwhelmed and will choose products with fewer variations because they are less confusing. Instead of reverse mortgages, Mullainathan suggested that lenders should offer "nest egg mortgages" that provide steady payments in increments of $1,000 beginning at retirement and continuing over the remainder of the borrower's life as a means of offering borrowers some security; a "small markup" would be included in the interest rate. Some representatives of the mortgage industry who attended the conference said older borrowers would not be interested in such a product.
(click for web site)
Back to Top

A New Mortgage 'Cop'
Wall Street Journal (10/08/07) P. C1; Lucchetti, Aaron

Ohio Attorney General Marc Dann has already filed suit against more than 12 lenders and brokers for their role in the subprime mortgage fallout and has turned his attention to the Wall Street banks that packaged such loans into securities and the firms that rated them. Dann does not believe federal regulators have done enough to investigate the securitization and ratings processes, insisting that the credit-ratings firms should not have assigned high ratings to subprime securities whose values were declining as foreclosures were on the rise. Dann says ratings firms could be charged with violating the state's strict consumer-protection laws, but he has not made public any evidence collected in the matter and has not determined whether homeowners and pension funds will receive any money from the case. According to Dann, "Everyone who helped create this crisis will be held accountable. My job is to be the bad cop, and I'm comfortable with that role because I believe a terrible crime has been committed."
(click for web site)
Back to Top

Subprime Mortgages Getting a Bum Rap
Sacramento Bee (CA) (10/06/07) Payne, Ken

Ken Payne, president of the Sacramento County Taxpayers' League, contends that the subprime mortgage situation must be evaluated in its proper context to keep the issue in perspective. For one, U.S. homeownership is at a record level of 69 percent, due in part to subprime mortgages, which have helped millions of Americans become homeowners. Indeed, subprime lending is frequently the only option available to such borrowers, due to their poor credit histories or lower income levels, which bar them from the prime mortgage market. However, just 5.1 percent of all American homeowners possess subprime, adjustable-rate mortgages. In addition, 85 percent of those loans are being paid punctually. While the subprime dilemma may seem pronounced, "Today's subprime delinquency and foreclosure rates are consistent with a periodic downturn in the housing market," says Jacob L. Vigdor of Duke University. Vigdor recommends increased consumer education as one solution to the problem. Vigdor also endorses compelling lenders to provide borrowers with accurate, comprehensive, and clear information. According to Payne, a government "bailout" will unfairly force taxpayers and consumers to rescue dishonest lenders who facilitated poor decision-making by a small number of consumers.
(click for web site)
Back to Top




SLM Escalates Battle, Sues J.C. Flowers Group
Wall Street Journal (10/09/07) Enrich, David

The fight concerning the buyout of student lender SLM Corp. increased on Monday, as the company filed a lawsuit trying to make the buyout coalition, led by J.C. Flowers, either finalize the agreement or pay a breakup charge of $900 million. The action, filed on Monday in Delaware Chancery Court, contends that the buyout coalition would be breaching the terms of the agreement by its efforts to abandon or restructure the agreement. The suit requests the court to determine that, in spite of claims by the buyout coalition, no "material adverse event" has affected SLM's business. The suit is the newest action in an escalating campaign over the approximately $25 billion agreement. In early October, Flowers sent a letter to the board of SLM contending that a material adverse event took place, although it did not state it voided the deal. The coalition cited a new student-lending regulation that will reduce the government subsidies offered to lenders such as Sallie Mae, claiming it could reduce the firm's revenue by around 20 percent annually. SLM stated that it got a letter on Monday from the Flowers coalition officially charging that a material adverse event has happened, permitting it to abandon the agreement without paying the $900 million breakup charge.
(click for web site)
Back to Top

Watchdog Groups Push for 'Credit Freeze'
Associated Press (10/09/07) Bluestein, Greg

Three major U.S. credit reporting agencies--Experian, TransUnion, and Equifax--will permit people to freeze information on their credit reports, although Georgia consumer advocacy organizations want such measures streamlined even more. Placing, lifting, or "thawing" credit freezes will cost Experian and TransUnion customers $10, while Equifax's terms have yet to be announced. According to a report from Georgia Watch, the state needs legislation that imposes a maximum fee of $5 for such services, while consumers should be allowed to enter a personal ID number and impose a freeze within 15 minutes. "Effective legislation would make credit freeze inexpensive, convenient, and accessible," states Georgia Watch Executive Director Allie Wall. "It would give consumers control over their credit files and personal identifying information, and prevent new account fraud altogether." Similar legislation that allows residents to prevent credit reporting agencies from releasing their information as a key step for opening new accounts without written consent has been adopted by lawmakers in 39 states.
(click for web site)
Back to Top

Proving Who You Are
Los Angeles Times (10/07/07) P. 2

A federal appeals court judge has ruled that identity cards are constitutional and can be required because of the terrorist threat and advances in technology, but his argument has holes, according to this opinion piece. Judge Richard Posner of the U.S. 7th Circuit Court of Appeals ruled that Indiana's requirement that people show ID at polling places does not violate the Constitution and is no more of an imposition than producing ID to enter a federal building or for a police officer during a traffic stop. Posner cited the realities of living in a post-9/11 culture and argued that when combined with technological progress, national ID cards are inevitable. But critics take exception to his argument, especially on the matter of technological advances. If anything, such progress should serve as a deterrent to the distribution of an all-purpose ID card because ID thieves would need to do very little to gain access to a person's ID number, the commentary says.
(click for web site)
Back to Top




CIQ/Voisys Improves Internet Finance Leads Program
SubPrime Auto Finance News (10/09/2007)

CIQ/Voisys' Virtual BDC aims to improve customer contact for auto dealers and financing companies. The application, coupled with the firm's Internet Finance Leads Program, sends out immediate emails to consumers once financial applications are submitted, acknowledging receipt of the application and that a dealer official will contact them shortly. The automatic emails engage consumers early on in the process, tempering consumers' need for an immediate answer online while at the same time allowing dealers to complete a thorough application check for non-prime, prime, and leasing transaction leads. Emails are not generic and are customized with dealership branding and scripts. Moreover, online reporting increases the ability of dealerships to track online inquiries and applications, as well as provide consumers with direct access to the dealership through a dedicated line. CIQ/Voisys National Sales Manager Michael Snider says, "Because consumers are relying more heavily on the Internet, they are also expecting quicker responses. We have found from our studies that 40 percent of consumers expect a dealer to answer their request with a quote via email or the Web within four hours."
(click for web site)
Back to Top

A Tough Sell for Backers of ILC Bill
American Banker (10/05/07) Adler, Joe

Members of the Senate Banking Committee were reluctant to voice support for a bill introduced by Sen. Sherrod Brown (D-Ohio) that would limit ownership of industrial loan companies (ILCs). Sen. Robert Bennett (R-Utah) was the most vocal opponent of the bill, claiming that he would try to stop any bill that would prevent commercial companies from owning ILCs. Sources said that Bennett is drafting his own ILC bill that would include some restrictions on ILC ownership, but not an outright ban. Other members of the committee were concerned with aspects of the bill, including shared oversight of ILC parent companies by different federal agencies and cutoff dates that might create an unfair playing field. Despite the lack of a positive response, Brown is optimistic that his bill will have support from a majority of the committee. The Federal Deposit Insurance Corp.'s moratorium on ILC applications expires at the end of January, and Banking Chairman Christopher Dodd (D-Conn.) said that he hopes to send a bill to the Senate in a few weeks.
Back to Top

The (Blue) Sky's the Limit
Ward's Dealer Business (10/01/2007) P. 31; Ray, Don

Auto dealers are likely to obtain a higher loan amount through blue sky lending, writes Don Ray, a CPA and senior vice president of AutoStar. In franchise and mortgage financing, lenders are willing to consider the future potential performance and profits of a dealership, while conventional banks and captive lenders limit loan collateral valuation to a portion of the real estate and tangible net assets of the dealership. The higher loan proceeds can be used for everything from acquiring other dealerships and improving facilities to creating an employee stock ownership plan or buying out the boss or partners. However, financing based on estimated-franchise valuations is not for everyone, considering it will come with larger debt and a larger fixed monthly note. Blue sky lending offers flexible loan terms and an amortization period, but dealerships will need to be able to fund the debt service during the term of the debt. Interest rates and terms on blue sky lending are based on the amount of the loan, the value of real estate, the franchise of the dealership, the profitability of the dealership, and the financial strength of any guarantee by the dealer.
(click for web site)
Back to Top



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
919 Eighteenth Street, NW • Suite 300
Washington, DC 20006-5517