California's Ticking Option ARM Time Bomb

Paul Kiesel
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Posted by Paul KieselAugust 19, 2008 3:29 PM

"Optimists, look away now." This is the first sentence of a very brief article in last week's The Economist. The subhead reads "A nasty mortgage product promises yet more misery," and the title of the article is "Ticking time bomb." However, it's not until the fourth sentence of the first paragraph that the reader has any idea what The Economist is actually describing: Option ARM loans. And it is these type of loans that will precipitate another huge hit to the already fragile mortgage/housing market over the next 12-18 months.

The Economist does a well enough job, considering the article is only four paragraphs, of giving a remedial understanding as to what's still at stake in the mortgage crisis. The Option ARM loan, which I've mentioned at least a dozen times during the last few months, is a type of loan that allows borrowers to pay some of the interest rate monthly, leaving the principal balance unpaid and the remaining unpaid interest to compound each month, resulting in a negative amortizing loan. Typically, an Option ARM loan allows for a three or five year teaser rate payment period (introduction period that allows for a partial interest rate payment) and then the loan recasts at a new interest rate (7-9%) or the loan recasts prior to that period because the loan, as it negatively amortizes, balloons and once it exceeds the principal balance by 10-15%, it automatically recasts. Meaning one month a payment could be $1200, and the next month it could be $3200, regardless if the three or five year introductory payment period has ended or not.

Originally, banks like Washington Mutual and World Savings thought that as housing prices rose, the product made all the more sense, because when the loan hit its recast point, the borrower could refinance into a better loan, with the equity gained in the home. Since home prices have plummeted in recent months, that plan has backfired.

Now it looks like about 1.4 million households currently carry a teaser rate payment loan, most of them in California, and the interest rates have yet to recast. At stake is about $500 billion, about half of the subprime loan losses, but these loans, when they begin to rise in defaults, will be economically more severe, as the wave of recasts will fall within a much narrower window of months (6-12 months), and when property values are already low, at prices that haven't been seen since 2003 in some markets (subprime defaults helped burst the housing bubble and push home prices lower; what happens when home prices are already low?).

"When house prices are falling and refinancing is difficult, as is now the case, the option ARM is the financial equivalent of a bikini in winter. Homeowners end up owing more on a property that is worth less. Delinquencies are already rising fast. Write-offs for option ARMs at Washington Mutual, a stumbling thrift, have zoomed from .49% in the last quarter of 2007 to 3.91% in the second quarter [. . .] The biggest wave of recasts is due to happen in 2010 and 2011 [. . .] borrowers' monthly payments will then surge by 60-80%," (The Economist, 8/14/08).

Other than Wells Fargo, no bank is impervious to the looming option-ARM storm. Wachovia, for instance, sold an option-ARM product called Pick-a-Pay and it accounts for 45% of its consumer lending. Pick-a-Pay loans were used often by predatory lenders.

Banks will also be suffering further economic and legal ramifications because of these option ARM loans, as they misled borrowers and investors, the former through TILA violations, by manipulating TILA forms, thus, allowing for the amount of option ARM loans to penetrate the market. It's only a matter of time, regardless of the most optimistic economic predictions, until the option ARMs explode into unaffordable payments, ushering in another wave of foreclosures, a second declivity in home values and more failed banks.

9 Comments

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tom
Posted by tom
August 19, 2008 4:38 PM

Oh no, I'm an idiot that bit off more than I can chew with my mortgage. How did I ever think I could afford a 500,000 mortgage on 45,000 yr income....I just planned on selling before it recast and make 100,000. Now that won't happen. Oh well, I'll just have to hire a lawyer and say it was the big bad bank that "tricked me". My greed goes unscathed....and so does my lawyers.

Anonymous
Posted by Anonymous
August 19, 2008 5:55 PM

Tom-

You're right. The banks were so innocent. So were federal regulators and investors. I mean, c'mon, the borrowers were practically knocking down the banks' doors demanding to be put into a teaser rate loan from a fixed rate loan of 5.25%.

What you absent-mindedly left out of your argument (which would have tanked it) is that prime borrowers, people with excellent credit and who had the income to support a reasonable loan, were cajoled out of their fix rate into jumbo option ARMS, as lenders promoted it as an apt loan to saving money, not profiting as some speculators tried doing.

noah
Posted by noah
August 19, 2008 7:12 PM

Either way, the regulators are at fault for allowing this to occur.

It's not like this happened overnight. They finally decided to intervene, and could have done it much earlier.

tom
Posted by tom
August 19, 2008 7:16 PM

So that's the slant. A prime borrower was "cajoled" into a fixed rate. Coaxed, tricked.

The last closing statement I read was pretty black and white. Explained, to nauseam, the details of the loan. Risks were explained.

Let's see how much money these victims actually saved before they went upside down.

Many people realized that under these loans, they would be paying less monthly, and knew the risks. Rather than saving, they used the extra monthly savings as discretionary income. This is a no winner for PA's.

Defense discovery will show spending habits after buying the new house. When rational people would be saving, these folks were spending.

Jury will be disgusted that John and Jane bought the new house, took the vacation, bought the cars, landscaped, outdoor furniture and water feature, upgrades, Home theater, out to eat every night, joined a club, furniture, etc. Then all of a sudden, the money that they could have used for the fixed rate / refi is gone. -this is really what happened.

Defense will show fiscally irresponsible people, not lender.

To be sure, this one is uphill.

Arizona100
Posted by Arizona100
August 19, 2008 9:03 PM

Okay, Tom, and how do you know that lenders weren't fiscally irresponsible. Better yet, unless you were one of the mortgage brokers, how do you know that the Truth in Lending forms weren't manipulated?

Aren't lenders the biggest beneficiaries of bailouts? How do you explain CEOs who've lost billions getting millions of dollars in compensation before treading the walk of shame?

I know of some websites you might like and a bunch of people will agree with you on this. HumanEvents.com, FreedomWorks.net, and AngryRenter.com (which is a front for Steve Forbes and Dick Armey).

I'm from Arizona, and we've been hit hard. So has Nevada, California and Florida, incidentally, four states with some of the most expensive property, therefore, highest equity during the housing boom, that lenders just were going to let that go untapped? Again, you're absolutely right. I agree with Noah, too. Regulators should be accountable and should have regulated the industry more responsibly.

Dan
Posted by Dan
August 19, 2008 9:14 PM

>> The last closing statement I read was pretty black and white. Explained, to nauseam, the details of the loan. Risks were explained.

But they were too confusing! You see, there were TOO MANY pages explaining the risks! How could anyone handle that?

Penn Attorney
Posted by Penn Attorney
August 19, 2008 9:20 PM

I disagree and agree with you, Dan.

1. You're right, they were too confusing (the TILA forms), and most mortgage brokers didn't go over the content of the forms and the loan language appropriately.

2. I've looked at several promisary notes that explicitly state: "Each monthly payment goes towards your [the borrower] principal and interest owed." That's a bald-face lie. Not only was the principal not getting touched through teaser payment loans (within the first few years), but not even all of the interest was getting paid.

According to the Truth in Lending Act, that is fraud, not to mention all the other ambiguities permeated through the loans I've read.

noah
Posted by noah
August 19, 2008 9:24 PM

I guess those statements were only mildly pretty black and white.

Dan
Posted by Dan
August 20, 2008 12:34 AM

I worked for AIG's finance department for 14 years until I just couldnt take it anymore. The sub-prime paper managment would approve was a joke. I would but heads with managment on the downside risk of our r e loans. WHAT GOES UP MUST COME DOWN. I left 2 years ago, AIG is a good company and will be back, once all the sub-prime is gone.

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