This article first appeared in The Enquirer on July
25, 2010.
In ways large and small, the broad overhaul of
the nation's financial regulatory system that was
signed into law by President Obama last week
will change the relationship between banks and
their customers.
Here are some ways things will change:
HOME MORTGAGES
The Issue: Predatory mortgage lending - much
of the nation's financial and economic meltdown
is traced back to the real estate bubble that was
powered by subprime and otherwise lax home
lending. Unsophisticated borrowers were lured
into loans they couldn't afford, then banks and
other financial companies were left holding the
bag when those debts turned bad.
The Fix: The new law tasks regulators to write a
series of new mortgage regulations: including a
simple federal standard to ensure loans are
repaid; bans on incentives that encourage the
sale of high-cost loans; a prohibition on pre-
payment penalties; penalties for irresponsible
lending; requiring consumer disclosure of the
maximum payment amounts under variable rate
mortgages with a warning that payments
fluctuate under such loans with interest rates.
A newly created Consumer Financial Protection
Bureau will also have authority to set additional
mortgage rules and standards.
The Impact: The law is clearly designed to
prevent future cases like 63-year-old Roger
Conway, who is in foreclosure after falling
behind on his payments. Conway re-financed his
Delhi Township home to consolidate some debts,
but found his monthly payments jumped after
interest payments reset from an initial teaser
rate. It is unclear how much the new law will
help Conway himself, since regulators still must
decide new standards and determine when they
take effect.
AUTO LOANS
The Issue: Complaints of predatory lending
practices by shady auto dealerships have also
cropped up - the loans are often the second-
largest purchase made by consumers. The U.S.
military has complained that unscrupulous used
car dealers have targeted low-income soldiers
by setting up shop outside military bases and
trapping into predatory "yo-yo" deals where a
buyer signs a conditional contract only to be hit
up for more cash in a manner of days. President
Barack Obama lost his battle to get auto loans
brokered by dealerships brought under the
jurisdiction of the new CFPB.
The Fix: However, auto dealers didn't get away
from new rules entirely. The new law granted the
existing regulator Federal Trade Commission
new streamlined rule-writing authority.
The Impact: Not clear yet. Under the FTC's
previous abilities, it took about a decade to
enact new rules. Now, that lag time will be
presumably cut back.
STUDENT LOANS
The Issue: Students racking up tens-of-
thousands of dollars in debt before they enter
the workforce.
The Fix: A newly created Student Loan
Omnibudsman will have the authority to receive,
review and attempt to resolve complaints. The
office will also track complaints and practices for
private student loans. The new CFPB will also
have authority to write rules governing practices.
The Impact: Unclear. It depends on the new
rules regulators come up with. Crystal Allen, a
35-year-old single mother, is struggling with
more than $20,000 worth of student loans she
took out pursuing an associate's degree and a
nurse's aid certificate that have so far failed to
yield a steady job. The East Price Hill resident's
loans are in deferment through the end of the
year.
CREDIT CARDS, PAYDAY LOANS and
OTHER CONSUMER LENDING
The Issue: Many Americans get in over their
heads over-using the plastic, home-equity lines
of credit or short-term cash advances on their
paycheck.
The Fix: The new CFPB will be able to establish
standards and write rules for these popular lines
of credit.
The Impact: Unclear, until the new agency is up
and running in the next 12 to 18 months.
FORECLOSURES
The Issue: An estimated 6 million Americans are
60 or more days behind on their mortgage - lost
jobs and lost hours have become the driving
force behind homes being lost.
The Fix: While primarily focused on curbing
industry abuses and excesses, the law
designates $1 billion in bridge loans to qualified
unemployed workers to avoid foreclosure. It also
gives the Department of Housing and Urban
Development $35 million to pay for foreclosure
legal assistance for low-to-moderate-income
homeowners. The law also establishes an Office
of Housing Counseling at HUD to encourage
homeownership and provide counseling to
renters.
The Impact: Depends on when the money starts
flowing. Tara Engle, a 35-year-old mother of
four in Independence, is struggling to pay all her
bills after losing her job as a budget analyst for a
medical company. While her husband works at an
auto dealership, their income has been cut way
back after she lost her job and her
unemployment recently ran out. Still,
unemployment - not consumer loans- remains
her concern. Engle doesn't have outstanding
debts for credit cards, auto loans or payday
lenders. She has deferred her student loans.
SMARTER, MORE ENGAGED CONSUMERS
The Issue: Consumers struggle to get a handle
on their finances.
The Fix: The CFPB will establish a toll-free
hotline for consumers to report problems with
financial products. The agency will also establish
an Office of Financial Literacy to promote savvy
consumer use of loans and other products. The
new law also grants consumers free access to
their credit scores in the event their ranking
hurts them in a hiring or financial transaction.
The Impact: The effectiveness of the new
agency won't become apparent until it is up and
running.

