Dear Sir,
Throw enough money at an issue, and you can make even
the worst idea sound as American as "Mom and apple
pie." In the case of home-equity lending, it's
disturbing to think that Mom might end up losing her
house and kitchen because of an idea that lenders say is
in the best interest of Texans. The only thing being
cooked here is a recipe for disaster.
On November 4, Texas voters will decide whether to
turn their backs on more than 150 years of Texas heritage
and allow expanded home-equity lending in their state.
The language on the constitutional amendment ballot is
deceivingly simple: "The amendment to the Texas
Constitution expanding the types of liens for home equity
loans that a lender, with the homeowner's consent, may
place against a homestead."
In reality, if you want the loan, you'll use your home
for collateral.
Look at the bottom line, as all lenders do, and you'll
see who's making the push and why. A July survey by a
Houston financial company estimates if the proposition
passes the home-equity loan volume in Texas for the first
two years will be $17.9 billion. That's a staggering
amount of money and new business for lenders. The Wall
Street Journal describes in an August 20 article
"the prospect of homeowners rushing to apply for
loans has more lenders licking their chops than running
for cover." Millions of dollars of advertising and
message control have promoted this concept as a
"property rights issue" for Texans. After all,
we're the only state in the nation that does not allow
this type of borrowing.
Texas Farm Bureau has always been against weakening
the homestead protections so prominent in our Texas
Constitution. Supporters of home-equity lending thought
they had taken us out of the picture by taking
agriculture "out of the bill." Well, proponents
couldn't even do that right. They left milk producers
"in the bill" and vulnerable to home-equity
loan pressures. But even Texas farmers not engaged in
milk production can still be sucked into home-equity
lending.
The idea that signing this type of loan is strictly a
voluntary decision is not true. I contend there will be
instances when pressure from outside influences will
force a person to sign on the dotted line and put their
home in jeopardy. Let me give you an example.
When a farmer and rancher seeks to secure an operating
loan for that year, personal assets such as equipment,
land and livestock are typically used as collateral. If
in the lender's opinion not enough collateral is
available to secure the loan, other sources of collateral
must be found. Perhaps, the lender suggests a Certificate
of Deposit. The presence of a CD, the producer is told,
would qualify him or her for the loan.
If the farmer or rancher happens to reside in a house
in town, as many do, apart from land designated for
agricultural use, and there is more than 20 percent
equity available in the home, then there's the solution
to the problem: equity in the home could be used to
purchase the CD. There are no stipulations in the
November proposal as to how proceeds from a home-equity
loan can be applied. In this instance, the CD could then
be utilized to secure the needed operating loan for the
producer.
Surprised? You shouldn't be. Such a scenario does not
violate the proposal's prohibition against
cross-collateralization or its exemption prohibiting
agricultural homesteads from being eligible.
There are other factors that can influence one's
decision to mortgage the home, and these factors impact
all homeowners. I've been told of instances in other
states where a family member, perhaps a child or
grandchild, tugs at the heartstrings of a parent or
grandparent in asking for help with a new business
venture or idea. All that's needed is a little more money
to get the business off the ground. Bowing to the
pressure of family loyalty and love, the parent or
grandparent puts the value of their home to work.
A home-equity loan is made and the money is sent to
the grateful family member, but through no fault of
anyone except the business climate at the time, the
business fails and a home is lost. It's not that
difficult to imagine. It happens. And now we're told by
the lenders that this idea's time has come for Texas.
Think about all of the homes that would have been subject
to foreclosure in the mid-80s during the oil and real
estate crisis if this type of lending had been allowed.
For more than 150 years, the homestead protections
built into the Texas Constitution have served the state
and its people well. Now is not the time to rewrite Texas
tradition and common sense.
Vote "no" with me to defeat the home-equity
lending proposal in November.
Bob Stallman,President
Texas Texas Bureau
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