CRA-Regulated Banks Are Not Meeting the Credit Needs of Borrowers of Color - Nonbanks Are Filling In the Gaps, Mostly FHA Loans
The percentage of non-bank lenders making home purchase lending is rising steadily in New York City, but it is still below nationwide levels at 56%.11 While this paper focuses on home purchase lending, we must note the rise in non-bank lenders in refinance lending where the percentages in New York City were much higher, matching national trends. Now, non-banks make up over 56% of all refinance loans, up from 42% in 2014.
The rise in non-bank lenders, particularly to borrowers of color, is concerning for a number of reasons. Non-banks are not nearly as heavily regulated as banks are. First and foremost, they do not have the same safety and soundness requirements that banks have. Under the CRA, banks are additionally required to make all of their CRA loans – to LMI borrowers and in LMI tracts – in a safe and sound manner. Also, non-banks do not have access to low-cost deposits like banks do and must rely upon other sources of capital, often short-term financing. Those other sources of capital can leave the financial system vulnerable since non-banks may have to act more aggressively to deliver higher rates of return for investors. If the CRA had an affirmative obligation to serve borrowers of color, banks would have an added incentive to be more proactive in lending to borrowers of color and those borrowers wouldn’t have to rely so heavily on non-bank lenders.
Three of the top 10 home purchase lenders in 2017 were non-bank lenders as were five of the top 10 refinance lenders. Quicken Loans once again made the most refinance loans in the city and Nationstar was third. Freedom Mortgage made the top 10 for both home purchase and refinance loans.
Perhaps due to the CRA’s obligation to lend to LMI borrowers, the percentage of loans to LMI borrowers is on par or higher at banks when compared to non-banks. In 2017, banks made a higher percentage of their loans to LMI borrowers than nonbanks did; 7.3% of all bank loans were to LMI borrowers versus 6.5% of nonbank lenders. In 2016, the percentages were almost the same among the two lender types: 8.3% at banks versus 8.5% at nonbanks. However, the difference in lending to borrowers of color and in communities of color is stark. It raises questions about fair lending, and underscores the need for better enforcement and new strategies to increase lending to underserved populations, including modernizing the CRA to include an affirmative obligation to serve borrowers of color. In 2017, for example, just 3.8% of CRAcovered bank loans went to Black borrowers and 5.4% to Hispanic borrowers, versus 17% and 14%, respectfully, at non-banks. Credit unions were in the middle, but their overall volume of lending is much lower.
Not surprisingly, the distribution of loans made by non-bank lenders largely matches lending to borrowers of color, particularly Black neighborhoods in southeast Queens and parts of Brooklyn. (See Methodology & Additional Data for the breakdown of loans by the Top 10 Banks and Non-Banks.)
The CRA was passed in 1977 as a response to the racist policy of redlining and other discriminatory practices. Generations of racist policies and bias contribute to the racial wealth gap that persists today and play a major factor in the ability to purchase a home – lower earnings, less wealth, and lower credit scores, to name a few. Immigrants may face additional barriers, including language and cultural challenges as well as the lack of a credit score. According to a Pew Research Center study in 2014, the net worth of White households is 13 times that of Black households and 10 times that of Hispanic households.12 The Fiscal Policy Institute found that on average White families in New York State earned 77% more than Black families and 93% more than Hispanic families.13 This is in addition to outright discrimination and implicit bias in lending, such as the stories and data in a Reveal article and related study published earlier this year.
Despite this history, the law is color-blind and has not had a meaningful impact on the populations harmed by such policies. Our analysis shows that borrowers of color are disproportionately underrepresented in CRA loans, which as described earlier, are loans to low- and moderate-income borrowers or loans in low- and moderate-income tracts. Just 9% of loans made by CRA-covered banks to low- and moderate-income borrowers were Black and 12% were Hispanic. This is only slightly above the percentage of loans to Black and Hispanic borrowers citywide. In low- and moderate-income tracts, the percentage of loans by CRA-covered banks dropped to 5.8% to Black borrowers and 8.3% to Hispanic borrowers. The percentage of loans made by non-banks to Black and Hispanic borrowers was slightly higher among low- and moderate-income borrowers (9.6% to Black borrowers and 14% to Hispanic borrowers) and much higher among loans in low- and moderate-income tracts (18% to Black borrowers and 20% to Hispanic borrowers).
Percentage of Loans to Borrowers of Color Among “CRA loans”
CRA Loans are Loans to LMI Borrowers and Loans in LMI Tracts - There is Overlap
One of the primary reasons for the disparities among banks and non-banks is that banks have all but pulled out of offering loans backed by the Federal Housing Administration (FHA), which are the predominant source of loans for borrowers of color. But banks have not replaced that product or their approach in order to meet the credit needs of borrowers of color. A recent report by the Center for Responsible Lending (CRL) goes in-depth into this twotiered system where borrowers of color are locked out of conventional mortgages and left with FHA loans.15 While FHA loans can be an important source of access due to lower down payment requirements and lower credit scores, they are also often more expensive than conventional mortgages, largely due to the private mortgage insurance that lasts at least 11 years and in some cases for the life of the loan. The CRL report also points out that additional requirements made by individual lenders (known as “lender overlays”) that require higher credit scores or debt-toincome ratios than the FHA does could be locking people out of the market entirely, which is also likely given the low rates of loans to borrowers of color. Lastly, many borrowers of color are not low- or moderate-income, and may be eligible for conventional loans. FHA loans are not the predatory subprime loans we saw leading up to the housing crisis – the HMDA data shows that many of them just crossed the threshold that classifies them as a highcost category, but the fact remains that they are higher cost than the average loan. The high rate of FHA loans that are not made to low- and moderate- income borrowers raises concerns that some borrowers are not being made aware of other options, or worse, are being steered into this more expensive product when they could qualify for a conventional loan or a lower-cost CRA loan if they meet the requirements.