September 13, 2007
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AFSA Says HMDA Data Points to Increased Borrower Scrutiny by Lenders
AFSA Supports Petition for Review with California Supreme Court
AFSA Asks CA Supreme Court to “Depublish” Opinion

GMAC Getting New Facilities From Citi
Toyota Opens Its Own Banking Unit


Credit Card Issuers Try to Stay Clear of Turmoil
Potential Seen in Small-Business Cobranding Pacts
Viewpoint: Finding a Tipping Point for Payroll Cards
Multiple Line Cards: Innovation or Hybrid Return?

Home-Loan Report Portends More Pain
Bill Seeks to Rescue 600K Homeowners
Schumer Mortgage Plan
Pressure, Not Law, Could East GSE Caps--Rep. Frank
The Good That Subprime Loans Do

Proposed Rent-to-Own Legislation H.R. 1767 Gains Three New Co-Sponsors
Lobbyist: See if Law Works

US Sen Brown 'Confident' Industrial Bk Bill Will Pass by Jan
Auto Makers Pile On Buyer Incentives
Lenders, Are You Leaving Money on the Table?
Fed Says Wellpoint Banking Application Permissible

AFSA Says HMDA Data Points to Increased Borrower Scrutiny by Lenders
In a statement issued on September 12, Chris Stinebert, AFSA president and CEO, noted that the Federal Reserve’s analysis of the 2006 Home Mortgage Disclosure Act (HMDA) data plays a significant role toward understanding the industry’s recent performance. It shows, among other things, that the denial rates for all home loans rose from 27 percent in 2005 to 29 percent in 2006. This is further evidence that lenders have enhanced their scrutiny of prospective borrowers. To see the entire statement, please go to the AFSA Web site.
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AFSA Supports Petition for Review with California Supreme Court
On September 10, AFSA submitted an amicus curiae letter to the California Supreme Court. The letter supported the petition for review filed by American Express in the Aviation Data Inc., et al. v. American Express Travel Related Services Co., Inc., et al. case.
The AFSA letter stated that the Court of Appeal decision deserved review because it ignored long-established precedent. It held that a party can be deemed to have waived a contractual right by virtue of conduct wholly unrelated and collateral to the contractual right. That ruling, if allowed to stand, would directly affect the ability of financial institutions to manage their contractual relationships and potential disputes. Financial institutions rely on the enforceability of their dispute resolution clauses with their customers so that they can operate in a predictable and stable environment. Not only does the Court of Appeal’s decision create uncertainty for financial institutions but it’s also simply bad public policy.
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AFSA Asks CA Supreme Court to “Depublish” Opinion
AFSA submitted a letter to the California Supreme Court respectfully requesting that the Court “depublish” the Court of Appeal opinion in Juarez v. Arcadia Financial, Ltd. Depublication occurs when the Supreme Court orders an opinion of the Court of Appeal not be officially published. Thus, the ruling stands, but it cannot be cited in future cases.
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GMAC Getting New Facilities From Citi
American Banker (09/12/07)
GMAC is scheduled to receive up to $21.4 billion in asset-backed funding facilities from Citigroup. A securities filing Tuesday revealed that the facilities will supplant a $10 billion facility with Citi from August 2006. GMAC will have access to $14.4 billion in funding after the facilities are enacted, and possibly another $7 billion if specific criteria are fulfilled.
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Toyota Opens Its Own Banking Unit
Moscow Times (09/11/07) Smolchenko, Anna
Toyota has established a new banking services division in Russia, making Toyota the first overseas car company to deploy its own financial operations there. "Russia is a really young market for automotive finance. That's why we think there's an opportunity for further growth," explains Olaf Neitzsch, head of Toyota Kreditbank's representative office. In Russia, overseas car companies have traditionally worked with local banks to finance sales rather than worked independently. Toyota intends to offer consumer loans to facilitate sales of Toyota and Lexus models and anticipates that the new division will boost sales in Russia. Gennady Belyukin, CEO of Toyota Bank's Moscow branch, says prior to the bank, the company sold between 30 percent and 40 percent of its cars on credit, but hopes the new bank will expand that figure. Toyota sold roughly 72,000 Toyota units and 6,946 Lexus units in the first half of 2007, and plans to offer an interest rate of 9 percent for euro and dollar loans and 11 percent for ruble credits.
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Credit Card Issuers Try to Stay Clear of Turmoil
Associated Press (09/11/07)
Although credit card issuers have generally escaped the wave of defaults that mortgage lenders have been suffering, they are exercising more caution about who they lend to and under what terms. According to Curtis Arnold, founder of CardRatings.com, one card issuer has reduced the introductory period for which it offers 0 percent interest from "six months" to "up to six months." Meanwhile, other card issuers are doing away with 0 percent offers altogether, opting instead to go with teaser rates as high as 5.9 percent. Card issuers are also taking a closer look at people with credit problems before approving them for a card.
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Potential Seen in Small-Business Cobranding Pacts
American Banker (09/07/07) Jalili, H. Michael
Card issuers are increasingly cobranding with merchants in an effort to tap into the small-business card market. According to a study conducted by First Annapolis Consulting of Linthicum, Md., the number of small-business cobranded cards from top issuers marketed on the Web has doubled since 2003 to 22 products. The strategy appears to be working for card issuers. Frank Martien, a partner at First Annapolis Consulting, noted that issuers that offer a large number of cobranded products typically outpace others in volume. For example, JPMorgan Chase offers the most cobranded small-business products, and has the third-largest small-business card volume. The company's volume in the small-business card market has grown 48 percent a year since 2003.
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Viewpoint: Finding a Tipping Point for Payroll Cards
American Banker (09/07/07) P. 11; Loria, Patricia; Philliou, Philip
Although payroll cards can be beneficial for employers and unbanked employees alike, adoption of payroll cards is still low. The roughly 11,000 neighborhood financial centers in the U.S. still cash more than 180 million checks a year with a face value of more than $55 billion. Payroll checks comprise 80 to 90 percent of that volume. In addition, the American Payroll Association reports that just 3 percent of its 22,000 members are currently using payroll cards. According to the authors of this article, adoption of payroll cards remains low because unbanked consumers are often better served by local check cashers than banks in terms of location, friendliness, language, and hours. In addition, many unbanked consumers do not understand payroll cards, they wrote. The authors noted that payroll cards will begin to takeoff when issuers conduct consumer outreach campaigns to create awareness and acceptance of payroll cards as an alternative to check cashers.
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Multiple Line Cards: Innovation or Hybrid Return?
Prepaid Trends (09/06/07) Vol. 2, No. 18, P. 1; Shermach, Kelly
Salt Lake City-based Galileo Processing has introduced a new card aimed at unbanked and underbanked consumers. The card, called UltraVX, combines a branded prepaid Visa card with a secured deposit account and a secured credit line issued by Storm Lake, Iowa-based MetaBank. The cards will be issued on a credit bank identification number (BIN), rather than a debit BIN, to allow consumer account activity to be reported to the credit bureaus. That feature is expected to appeal to underbanked consumers looking to improve their credit scores or build credit histories from scratch. Galileo says its new card will raise the bar for competitors such as First Data and Total System Services. "First Data has not integrated technology to deliver products and services that are innovative and unique in the market," says Galileo's Dave Wilkes. "Galileo might send a wake-up call to other processors that are moving secured and unsecured credit card transactions. Companies will be moving to Galileo from obsolete legacy system processors." However, Accomando Consulting President Jim Accomando says the card will not likely catch on with consumers because its separate purses have separate terms, conditions, and pricing--which will only serve to confuse consumers.
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Home-Loan Report Portends More Pain
Wall Street Journal (09/13/07) P. D3; Brooks, Rick
A Federal Reserve study that looks at 2006 Home Mortgage Disclosure Act data on almost 14 million loans made by 8,886 lenders reveals an increase in the percentage of high-cost mortgages to 29 percent in 2006 from 26 percent in 2005. The 10 biggest subprime lenders saw a drop in market share to 35 percent from 59 percent over the same time span as banks and other financial institutions entered the subprime market, and tighter underwriting standards may have contributed to a jump in the mortgage denial rate to 29 percent from 27 percent. The study also reveals that high-interest rate loans were given to 54 percent of African Americans but only 18 percent of non-Hispanic whites and that creditworthiness has less to do with loan performance than fluctuations in home prices. With regard to an increase in subprime loans made by traditional banks, Georgia Institute of Technology associate professor Dan Immergluck says, "Half the market actually is the stuff regulators could have had significant influence over, and maybe still can."
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Bill Seeks to Rescue 600K Homeowners
The Hill (09/11/07) Holzer, Jessica
Sen. Dick Durbin (D-Ill.) is sponsoring a bill to abolish a provision of the bankruptcy code that prevents bankruptcy judges from revising the terms of mortgages on defaulters' primary homes. The legislation aims to help homeowners harness the bankruptcy code to rescue their homes from foreclosure. According to Durbin, the amended bankruptcy code, if enacted, could avert foreclosure for as many as 600,000 borrowers currently at risk of losing their homes. Under the bill, bankruptcy judges could modify the principle of mortgage loans merely to the degree that it remains equivalent to or greater than the home's current market value. Payment terms or interest rates could be reset, but would still have to indicate the risk assumed by the lender. The banking industry is expected to contest the legislation, claiming that switching mortgages' status from secured to unsecured will restrict credit for low-income borrowers and cause interest rates to rise.
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Schumer Mortgage Plan
Associated Press (09/11/07)
Sen. Charles Schumer (D-N.Y.) has proposed a solution to ease the current distress in the mortgage industry by involving Fannie Mae and Freddie Mac in the home loan market to a greater degree. Schumer suggested that the federally sponsored lenders could increase their holdings of mortgage-backed securities by $145 billion. The funds would be split between refinancing existing loans and financing new mortgages.
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Pressure, Not Law, Could East GSE Caps--Rep. Frank
Reuters (09/10/07) Rucker, Patrick
House Financial Services Committee Chairman Rep. Barney Frank (D-Mass.) announced on Monday that political pressure, instead of new legislation, is the most effective way to obtain a reduction of the investment caps for Fannie Mae and Freddie Mac. The mortgage-finance firms have been instructed by their regulator--the Office of Federal Housing Enterprise Oversight--to not do anything with their $1.4 trillion investment holdings while they deal with the fallout from accounting scandals. The firms and their political supporters have contended that those limits should be removed so that Fannie and Freddie can purchase additional mortgages and create stability for the unsettled market. Legislators, however, have various opinions on how to obtain that concession on the firms' investments. Senate Banking Committee Chairman Charles Schumer (D-N.Y.) introduced on Monday legislation that would allot Fannie and Freddie greater freedom under a new law. But Frank argued new laws were not the correct way to remove the investment caps since legislation did not establish the limits originally. Frank stated that Fannie and Freddie "should not defy their regulator" and expand their investments jointly, although they can help their supporters in Washington, D.C., convince the Bush administration, which has spoken against removing the caps.
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The Good That Subprime Loans Do
Washington Post (09/08/07) Guttentag, Jack
When experts focus on how to eliminate abuses from the subprime market, rather than eliminating the subprime market altogether, they do so because they assume that the market serves the valuable purpose of helping many individuals achieve homeownership who could not have done so in the prime markets. However, the Center for Responsible Lending has challenged that assumption by claiming that the subprime market produces a net loss in homeownership. Jack Guttentag of the Wharton School calls this a "startling claim," as it suggests that homeownership would rise if the subprime market closed. To calculate net homeownership, the Center for Responsible Lending subtracts the number of subprime loans given to first-time home buyers from the number of subprime loans foreclosed over the same period. But according to Guttentag, a fair evaluation of the market would take existing homeowners into account, as well. The center's error is in thinking that each subprime loan foreclosure diminishes the number of homeowners by one from what the number of homeowners would have been had the subprime market never existed. This is faulty logic, as the majority of subprime purchasers would never have become homeowners had they been unable to get subprime loans. The Center similarly misconstrues the impact of subprime refinance loans that foreclose. Guttentag, therefore, maintains that the subprime market contributes positively to home ownership, and calls for an "unbiased effort to dig deeper" into precisely quantifying the positive net contribution in recent years.
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Proposed Rent-to-Own Legislation H.R. 1767 Gains Three New Co-Sponsors
RTOHQ (09/09/2007) Keese, Bill
H.R. 1767, a bill that establishes rent-to-own transactions as a lease instead of a sale, has gained three more sponsors. The prospective legislation now has 56 co-sponsors from both sides of the aisle. Reps. Cathy McMorris Rogers (R-Wash), Marsha Blackburn (R-Tenn.), and Tom Feeney (R-Fla.) have now all voiced their support for the bill originated by Rep. William Lacy Clay (D-Mo.).
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Lobbyist: See if Law Works
Argus Leader (09/08/2007) Woster, Terry
Rex Hagg, a lawyer representing the South Dakota Short Term Lending Association, recently testified before a regulatory review committee and argued for a temporary cap on further payday loan regulations. Hagg noted that many new industry regulations are still untried and advocated taking a break from passing legislation until it is clear whether or not the new laws work. Too much regulation could drive up interest rates and suppress competition, consequences that are particularly damaging to those who seek short-term credit because they cannot obtain loans elsewhere, said Hagg. In 2006, state legislators revised a payday law to restrict payday loan transactions to $500 from one lender at any one time; before the alteration, the law merely had a $500 limit. In addition, some lenders are struggling with new mandates to disclose the annual percentage rates on their loans. The process is particularly challenging for unaffiliated lenders without electronic record systems, and is complicated by the fact that many payday loans are based on weekly or monthly--not yearly--intervals.
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US Sen Brown 'Confident' Industrial Bk Bill Will Pass by Jan
Dow Jones Newswires (09/12/07) Paletta, Damian
Sen. Sherrod Brown (D-Ohio) voiced his conviction that Senate legislators will ratify a bill barring certain commercial firms such as retailers from owning state-chartered banks known as industrial loan corporations (ILCs) by early 2008. Timing is crucial, as the Federal Deposit Insurance Corp. (FDIC) has placed a moratorium on considering ILC applications from commercial companies until Jan. 31, 2008, to give the FDIC and Congress time to evaluate the issue. Earlier in 2007, Wal-Mart Stores removed its application to establish an ILC bank, but a request for federal deposit insurance from Home Depot is still awaiting the FDIC's post-moratorium consideration. Legislation banning commercial ownership of banks has passed in the House, though legislators are willing to grant exemptions for automotive companies.
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Auto Makers Pile On Buyer Incentives
Wall Street Journal (09/11/07) P. D1; Welsh, Jonathan
Impatient to dispose of leftover vehicles as 2008 models arrive, some auto dealers are attracting consumer interest through perks like low financing rates and generous rebates. For example, Honda Motor is presenting below-market financing of 2.9 percent on its trendy Odyssey minivan. Turmoil in the U.S. housing market has affected consumers' capacity to buy new cars, thereby contributing to the deceleration of retail auto sales. In addition, roughly one-quarter of car financing and leasing deals in July 2007 and August 2007 had interest rates under 5 percent, in comparison to one-third of such deals in the year-earlier interval, reports J.D. Power. As the credit environment grows increasingly more challenging, finance rates between 3.9 percent and 7.9 percent are "looking pretty good," according to Paul Taylor, chief economist for the National Automobile Dealers Association.
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Lenders, Are You Leaving Money on the Table?
SubPrime Auto Finance News (09/11/2007) Zucco, Scott
RecoveryPro is an affordable-asset protection service offered by van Wagenen that specializes in providing reasonably priced solutions for auto lenders trying to get the best recovery possible on vehicles that have been damaged or repossessed, thereby lowering charge-offs. With over three decades of Insurance Tracking and Lender-Placed Insurance expertise, van Wagenen states it has witnessed a chance to use its experience, technology, and claims know-how to track repossessed vehicles, confirm insurance, evaluate the vehicle for damage, and obtain any primary insurance payments, all of which mandates limited effort on the lending company's part. "Whether you have given up on collecting any of these insurance claims, or only manage to track down a few, we know by simply integrating with your remarketing system," states van Wagenen President Mary Wood. RecoveryPro can also be used to manage special damage losses on collateralized loans.
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Fed Says Wellpoint Banking Application Permissible
Reuters (09/07/07) Lawder, David
Wellpoint's application to establish an industrial loan company (ILC) has been deemed permissible by the Federal Reserve Board, as the company's retail-oriented operations correspond to its main business of health insurance. The decision was prompted by the Federal Deposit Insurance Corp. (FDIC), which asked the Fed to evaluate Wellpoint's adherence to the Bank Holding Company Act. The FDIC has established a short-term freeze on processing applications for ILCs by companies that conduct non-banking activities; the moratorium is intended to give legislators time to decide whether to separate commerce and banking. However, the Bank Holding Company Act allows the Fed to rule that a non-bank pursuit is "financial in nature or incidental to a financial activity," and indeed the Fed decided that Wellpoint's disease management and mail-order pharmacy endeavors link to the company's underwriting and selling of health insurance, and are therefore allowable for a financial holding firm. Still, the Fed's verdict mandates that mail-order pharmacy and disease management not surpass 5 percent of Wellpoint's consolidated yearly revenues or 2 percent of its consolidated assets.
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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.
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