America's Community Bankers 
Government Affairs Meeting
Remarks as prepared for delivery  
by Secretary Mel Martinez* 
 
Washington, DC  
Tuesday, March 11, 2003
            
            Thank you, Russ. I appreciate your generous introduction.  
            Our Administration has tremendous respect for America's banking 
              industry and the way in which you empower families to achieve the 
              "American Dream" of homeownership. Although your member banks have 
              evolved with the times and today serve not only individuals and 
              families, but small businesses, too, housing remains one of your 
              primary missions. In fact, ACB members originate more than a quarter 
              of all mortgages.  
            Your efforts are critical to the strength of our communities and 
              national economy - especially during this time of global uncertainty. 
              With the War Against Terrorism continuing and the attention of the 
              world focused on Iraq, America needs to be strong. The President's 
              initiative for stimulating the economy - with its focus on 
              reducing the family tax burden, promoting business investment, and 
              creating jobs - is one of our Administration's top priorities. 
              As the President has said, "We cannot be satisfied until every part 
              of our economy is healthy and vigorous." 
            The Administration's jobs and growth plan will boost the economy 
              at a time when just such a boost is needed. 
            The housing market will be key to helping us achieve this. As it 
              has over the past two years, housing continues to lead the way in 
              turning around the nation's economy. The recent news that sales 
              of existing homes rose in January to a new monthly record is yet 
              another indicator of the ongoing strength of the housing market, 
              and another sign of a strengthening economy.  
            Creating affordable housing options for more Americans remains 
              a critical component of the President's agenda. As a first step, 
              we want more families to become homeowners. And we want more of 
              those families to be minorities.  
            Homeownership reached record levels last year: 68.3 percent of 
              all Americans own their own homes. Yet, we continue to see a gap 
              between the homeownership rates of minorities and non-minorities. 
              By a significant margin, minority families are less likely to own 
              their own homes. 
            President Bush is committed to closing the gap. Last year, he set 
              a bold goal of creating an additional 5.5 million minority homeowners 
              by the end of this decade. HUD responded by launching our Blueprint 
              for the American Dream Partnership, and every segment of the housing 
              industry has joined with us to help meet the President's challenge. 
             
             Another way that we are working to increase homeownership, and 
              at the same time attack the problem of predatory lending, is by 
              reforming the Real Estate Settlement Procedures Act. This has been 
              a top priority of mine since coming to HUD.  
            Every day, Americans enter into mortgage loans - the largest 
              financial obligation most families will undertake - without 
              the clear and useful information they receive with most any other 
              major purchase. 
            After agreeing to the price of a house, too many families sit down 
              at the settlement table and discover unexpected fees that can add 
              hundreds, if not thousands, of dollars to the cost of their loan. 
              As a result, many homebuyers find the settlement process to be filled 
              with mystery and frustration. 
            This Administration is committed to streamlining the mortgage finance 
              process, so consumers can shop for mortgages and better understand 
              what will happen at the closing table. For these reasons, HUD has 
              proposed a major overhaul of the regulations governing the Real 
              Estate Settlement Procedures Act [RESPA]. 
            Before getting into details, I want to thank ACB for its support 
              as we have moved forward on reforming RESPA. I have welcomed your 
              input throughout the process, and in particular the statement Chairman 
              Taylor gave two weeks ago when he testified before the Subcommittee 
              on Housing and Community Development. We have heard ACB's concerns, 
              and have worked hard to address them. 
            RESPA has been a priority of mine since I came to HUD. Shortly 
              after taking office, I was faced with a major RESPA issue: the legality 
              of yield spread premiums. In response, we issued a policy statement 
              repeating our view that as long as the broker's compensation is 
              for goods, facilities, or services, and the total compensation is 
              reasonable, yield spread premiums to the mortgage broker are legal 
              under RESPA. 
            At the same time, we recognized that there were serious disclosure 
              problems involving yield spread premiums. We noted that less-scrupulous 
              brokers often used yield spread premiums to generate additional 
              profits, placing unsuspecting borrowers in higher-rate loans without 
              their knowledge. And so in the process of issuing the policy statement, 
              I committed HUD to establishing clearer disclosure rules for mortgage 
              broker fees, and to simplifying and improving the mortgage origination 
              process for everyone involved. 
            The experts told me that fixing this would be too difficult and 
              too controversial, and our efforts would probably not succeed. But 
              this problem is too important to ignore. Reforming RESPA is the 
              right thing to do. 
            Beginning last year, we undertook a major reform of RESPA's regulatory 
              requirements. After months of meetings with industry groups, consumer 
              advocates, and other interested parties, HUD published its reform 
              proposal for public comment on July 29, 2002. 
            HUD received nearly 43,000 responses while the rule was open for 
              public comment, which was a record for us. We have spent the 18 
              weeks since the comment period closed reviewing and cataloguing 
              each submission. Just as we have done since first undertaking this 
              massive effort, we have continued to meet with industry groups, 
              consumer advocates, and other interested parties. It was critical 
              that HUD know whether the approaches we have proposed are the right 
              ones - and if not, what alternatives may work better.  
            I believe that the Department has developed a well-crafted proposal 
              that can save consumers as much as $8 billion annually. That represents 
              an average reduction in settlements costs of $700 per closing. This 
              kind of savings will have the great benefit of increasing the number 
              of lower-income Americans who will now be able to buy a home. We 
              also expect our proposal to promote innovation in the marketplace 
              and inspire greater public confidence in the mortgage lending industry. 
            As we near publication of the final RESPA rule, we welcome input 
              from the industry on how we can best implement the rule to ensure 
              a smooth transition. We obviously want this to work in a way that 
              minimizes any disruption to the mortgage market. 
            Of course, tough regulations mean little if they are not backed 
              up by tough enforcement. We are doing this as well. In the past 
              two fiscal years, we have taken vigorous action against abusive, 
              fraudulent, and negligent lending institutions and individual lenders. 
              These investigations have resulted in more than 500 debarments, 
              another 500 suspensions, and close to 5,000 indemnifications.  
            I want us to be even more vigilant, so I have directed new resources 
              to HUD's enforcement activities. We are interviewing for additional 
              investigative staff this week, and by the end of March, we will 
              have tripled the number of enforcement personnel. These new resources 
              will help us to increase enforcement activities toward unregulated 
              institutions. 
            Because they ensure greater transparency, our proposed reforms 
              will make it more difficult for unscrupulous lenders to take advantage 
              of borrowers. However, let me be clear that although RESPA reform 
              is an important tool for addressing predatory lending, it will not 
              end predatory lending on its own. And so we are attacking the predatory 
              lending problem while preserving a source of credit for those with 
              less-than-perfect credit histories. 
            I understand that abusive lenders constitute only the smallest 
              percentage of mortgage lenders. The vast majority of you are outstanding 
              businessmen and women who hold yourselves to the highest standards 
              and provide a valuable service in your communities. Yet, the activities 
              of only a handful of unscrupulous lenders can cast a shadow over 
              the entire industry. 
            HUD will devote all the resources at our disposal to putting abusive 
              lenders out of business. 
            In addition to expanding homeownership, HUD is expanding affordable 
              rental housing production. We have taken a number of critically 
              important actions that are helping to boost the supply of affordable 
              multifamily housing. These efforts have prompted an enormous increase 
              in activity in FHA's major multifamily program. Community banks 
              continue to play a leadership role in the production of affordable 
              housing by providing funding for multifamily projects across the 
              country. 
            Earlier, I mentioned that HUD has introduced a number of exciting 
              initiatives to close the minority homeownership gap. Today, I am 
              expanding that list by announcing a new proposal that will provide 
              additional financing options to those seeking FHA-backed mortgages. 
              More financing options, of course, mean more homeownership opportunities 
              for families. 
            We are proposing to expand our offerings of adjustable-rate mortgage 
              products on FHA-insured mortgages. Our plan would provide additional 
              ARMs tailored to the financial conditions and desires of the borrowers. 
              Consumers would be able to choose mortgages with periods of three, 
              five, seven, or ten years during which time the interest rate would 
              be fixed. Homebuyers would have the security of knowing their payment 
              could not increase during that time. 
            We estimate that as many as 40,000 families a year will choose 
              these new adjustable-rate mortgages to finance their home purchases. 
              This represents yet another financing tool and another option for 
              making affordable homeownership a reality.  
            In closing, let me say that the federal government, consumers, 
              and the lending industry are linked by our mutual goal of creating 
              housing opportunities for more Americans. We should be proud of 
              our accomplishments over the past two years, but we cannot rest 
              on them. We have much more to achieve together, and our best hope 
              of being successful is to work in close concert with each other
 
              guided by the same high standards and principles, and motivated 
              by the same goals. 
            I look forward to strengthening HUD's partnership with ACB and 
              its members in the coming months, as we pursue the goal we share 
              of opening the American Dream to more families and individuals, 
              and opening up our communities to new opportunities for growth and 
              prosperity. 
            Thank you. 
               
            ***THIS IS NOT A TRANSCRIPT OF THE SECRETARY'S 
              SPEECH*** 
 
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