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FDIC Federal Register Citations National Community Reinvestment Coalition December 6, 2005 Robert E. Feldman Executive Secretary Attention: Comments/Legal ESS Federal Deposit Insurance Corporation 550 17th Street NW Washington, D.C. 20429 Re: RIN 3064-AC95 Dear Mr. Feldman: The National Community Reinvestment Coalition (NCRC), the nations economic justice trade association of 600 community group organizations, urges you to drop your proposal to permit state-chartered banks preempt certain state laws. NCRC believes the implications of your request are profound. Your proposal would allow FDIC-chartered banks to skirt strong consumer protection laws in states in which they make loans and follow weaker laws of the state in which they are headquartered. Ultimately, your proposal would strip states of their power to enforce and enact meaningful consumer protections for its citizens. A large number of states including North Carolina, New York, New Mexico, New Jersey, and California have enacted comprehensive anti-predatory lending laws in order to protect their citizens from the increasing amount of abusive lending in their states. If your proposal is granted, state-charted banks headquartered in states with weaker anti- predatory laws will be able to override the rigorous and comprehensive laws when they make loans or buy loans from brokers operating in states like North Carolina and New Mexico. If this proposal is enacted, state-chartered banks will be tempted to place their headquarters in states with weak laws and then export these laws to other states in which they make loans. The end result would be a regulatory race to the bottom and the stripping away of states rights, leaving consumers without strong protections against predatory lenders. New HMDA Data Show Lending Disparities Persist Your proposal will further exacerbate predatory lending and fair lending disparities we have seen in the recent HMDA pricing data. A recent Federal Reserve study of the new 2004 HMDA data confirmed two NCRC reports, which found that minorities continue to pay more for loans as they are more likely to receive high cost loans than whites. Even after controlling for income levels, loan amounts, metropolitan area, and type of lender, the Federal Reserve reported large disparities in a number of instances. For example, the unadjusted data shows that 32.4 percent of the conventional, first lien home purchase loans for African-Americans were high cost but that just 8.7 percent were high cost for whites. When controlling for borrower characteristics, the figures are 26.7 percent for African-Americans and 8.7 percent for whites. When controlling for borrower and lender characteristics, the disparities remain large 15.7 percent of the home purchase loans are high cost for African-Americans and 8.7 percent are high cost for whites. For Hispanics, the disparities are not as large but remain throughout the exercise 20.3 percent high cost versus 8.7 for whites when not adjusted; 16.6 percent versus 8.7 percent for whites when controlling for borrower characteristics; and 12.2 percent versus 8.7 percent when controlling for borrower and lender characteristics. NCRC conducted two studies this spring and summer using the 2004 HMDA data and a sample of large lenders. Our unadjusted data found results similar to the Federal Reserves unadjusted data. A study NCRC conducted in June (Preapprovals and Pricing Disparities in the Mortgage Marketplace, available via www.ncrc.org) found that the price of first-time homeownership is likely to be higher than for minorities and immigrants than their white counterparts. The NCRC sample showed that 28.7 percent of the conventional home mortgage loans issued to African-Americans was subprime in contrast to 7.8 percent for whites. Of all the conventional home purchase loans made to Hispanics, 15.4 percent were subprime, almost twice as much in percentage point terms as whites. Almost 12 percent of the conventional purchase loans received by Native Americans were subprime. An earlier NCRC study (The Broken Credit System, available via www.ncrc.org) found that after controlling for credit worthiness, subprime lending increased as the percent of minorities and elderly persons increased in neighborhoods across ten large metropolitan areas. With these consistent signs of price discrimination and steering, the new HMDA data suggests that predatory lending is a widespread problem and that states must have the authority to clamp down on predatory practices. CRA Regulations Being Weakened These disparities occur at a time when regulatory officials are eroding the laws and regulations that empower communities to thrive and prosper. The federal banking agencies have approved regulations changes that chip away at the Community Reinvestment Act (CRA), a law prohibiting lending discrimination against neighborhoods. Last year, the Office of the Comptroller of the Currency (OCC) joined the OTS in preempting state laws prohibiting predatory lending. In light of the recent HMDA data and the widespread scourge of predatory lending now is not the time to again weaken regulations for state-chartered banks. As we have stated the lending disparities are stubborn and persistent. The approval of your proposal would handcuff states and prevent them from enforcing their laws and protecting consumers from predatory lenders and price discrimination. The totality of further weakening of banking regulations in the guise of regulatory relief will further undermine the gains we have seen in CRA, but more importantly undermine the wealth building strategies of communities and individual consumers. NCRC strongly urges you to drop your proposal and to remind state-chartered banks that they have a moral and civic responsibility to respect the will and the rights of the states to protect its citizens. Thank you for this opportunity for making our views known. If you have further questions, feel free to contact myself or Noelle Melton, Research & Policy Analyst, at 202-628-8866. Sincerely, John Taylor President & CEO |
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Last Updated 12/07/2005 | Regs@fdic.gov |