Expediting
Mortgage Processing in Indian Country
by Craig Nolte, Senior Community Affairs Specialist, Federal Reserve Bank
of San Francisco
You've seen the advertisements: "fast loan approvals,"
"speedy processing," and "lock your rate today." But
seldom do these offers show up in Indian Country. While mortgage lending
in the U.S. has reached record levels during the past few years, with
quicker and easier approval processing, records are not yet being set
in Indian Country.
A typical mortgage applicant in Indian Country needs
to be very patient. The lack of written procedures, checklists, or someone
to provide guidance leaves the applicant susceptible to excruciating delays
and opens the door to predatory lending. The applicant stumbles through
redundant requests and reviews of credit, employment and income information
only to have the loan documentation go stale before the application is
approved. There is seldom a realtor to provide help, and the commission-driven
loan officer grows less interested by the day. The mortgage approval partners
know what each is supposed to do, but they lack a coordinator.
It's not supposed to be this way. Tribal members
should not have to endure a more arduous mortgage processing than those
purchasing homes off the reservation. The processing procedures are always
going to be more complicated due to the varying types of land on Indian
reservations and the required involvement of the tribe and its federal
partners; however, the "First Nations" should not have to be
at the back of the line when buying a home on their own land. In the spirit
of the Native American Housing and Self-Determination Act, tribes are
supposed to be able to make more of their own decisions, manage more of
their resources, and create their own destiny. The ability to easily obtain
a mortgage loan on their reservation should also be possible.
To help speed processing times, the northwestern
and western regional offices of the Bureau of Indian Affairs and the Federal
Reserve Bank of San Francisco recently held eight workshops entitled The
Bureau of Indian Affairs: Streamlining the Mortgage Approval Process.
The primary purposes of the workshops were to uncover common reasons for
loan processing delays and develop ways participants can help avoid them.
The workshop also allowed participants the opportunity to share their
experiences, obtain responses to their concerns, and offer ideas on how
lending matters could be handled. The approximately 250 participants included
representation from over 40 Indian tribes, 15 financial institutions and
several government agencies.
Questions and concerns from participants were welcomed
during presentations from the Bureau of Indian Affairs and HUD's Office
of Native American Programs. Every step of the mortgage process was examined,
including the roles of the organizations involved and the actions they
could take to help speed the process. It was an interesting observation
that some participants reported long processing times, confusing procedures
and lack of communication from everyone concerned with the transaction,
while a few reported very positive experiences. The reasons for the disparity
were obvious; successful participants involved in mortgage transactions
had learned over time how to speed the process, while the less-experienced
were still struggling to find their way.
This article will focus on findings from the workshops
and provide recommendation for things the key players in any mortgage
transaction in Indian Country can do to streamline the application and
approval process. These key players include applicants, tribal housing
authorities, lenders, and the Bureau of Indian Affairs (See
Box 1).
Applicants
Applicants need clear direction on how to obtain loans. Homebuyer workshops
can help them learn how to be ready to borrow and the responsibility of
homeownership, and can give them extra time to prepare for both. Workshops
can also provide instructions on how to accelerate the mortgage approval
process. Borrowers should also have access to other resources that can
help them obtain mortgage loans, such as those included in Housing
Washington's Native Communities
guide. This guide
serves as a directory of asset-building resources, mortgage assistance
programs, mortgage approval contacts, and other helpful information for
Washington state. It can serve as a template to create a similar guide
for contacts and resources in your area.
Tribes
The tribal government can assist the process in a variety of ways. One
of the most common reasons for the lack of access to mortgages in Indian
Country is the lack of effective housing ordinances and lease agreements.
The U.S. Department of Housing and Urban Development's Office of Native
American Programs has developed a model
housing ordinance for their Section 184 Indian Housing Loan Guaranty
Program. The ordinance
has been adopted by over 100 tribes to date and has proven to be effective
at creating a legal infrastructure that helps protect the trust status
of the land and make lenders comfortable. Several other interagency and
model documents, such as a lease that is acceptable to several government
agencies, are available through HUD's One
Stop Mortgage Center.
Tribes should also consider appointing staff to provide
guidance to mortgage applicants to help ensure a smooth application processes.
Individuals who could be familiar with the approval process, including
time frames, necessary documentation and the needs of others involved
in the process and who could maintain written procedures and an applicant
checklist and periodically meet with key partners to learn about any procedural
changes that may impact the process. These same individuals could provide
homebuyer education to applicants and promote communication with other
departments within the tribe, such as economic development, water/sewer,
administration and the tribal council.
The Bureau of Indian Affairs (BIA)
The BIA has an enormous role in Indian Country. It is responsible for
the administration and management of 55.7 million acres of land held in
trust by the United States for American Indians, Indian tribes, and Alaska
Natives. Developing forestlands, leasing assets on these lands, directing
agricultural programs, protecting water and land rights, developing and
maintaining infrastructure, providing for health and human services and
economic development are all part of this agency's responsibility. For
mortgage lending, its staff ensures that title transfers are conducted
appropriately and reviews individual transactions to ensure the trust
status of land is not violated.
The BIA does not currently have an active web site,
but certain documents could be placed on other related agency or federal
websites so that they would be accessible by their constituents. The Federal
Reserve Bank of San Francisco has taken the first step towards this by
posting several BIA documents on its website in the community development
section.
Lenders
Lenders need to become familiar with the mortgage processing procedures
of each tribe in their areas so that they can help expedite applications
without missing critical steps. If determined necessary, lenders should
consider providing additional incentive to commissioned loan officers
so they are motivated to work with applicants that are more complex than
traditional borrowers. Periodic meetings with tribal officials, especially
tribal mortgage coordinators, can foster communication and help avoid
unexpected delays.
Conclusion
The next time you see a mortgage loan advertisement, consider whether
it would apply to Indian Country. With increased cooperation, mortgage
processing can be swifter and homeownership possibilities can become a
reality for more tribal members.
To discuss hosting or coordinating a BIA workshop
in your area, contact Craig Nolte at 206/343-3632 or via email.
Box 1
Tips To Facilitate
the Mortgage Approval Process
(Findings from workshops sponsored by
the Bureau of Indian Affair and the Federal Reserve Bank of San Francisco) |
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Applicant
- Participate in homebuyer education
- Request a credit report and discuss with
homebuyer counselor
- Request a Title Status Report (TSR) through
either the lender or housing authority prior to completing the
loan application if possible
Tribe
- Adopt effective housing ordinances, such
as those associated with HUD's 184 Indian Housing Loan Guaranty
Program
- Adopt the "One Stop" interagency
lease developed by HUD
- Appoint an individual from the housing authority
to be a "mortgage counselor"
- Ensure open communication between the various
departments that may be involved
- Maintain information helpful to appraisers.
- Provide homebuyer education
- Seek available savings and down payment
assistance programs
- Develop written mortgage lending guidelines
- Develop and distribute a homebuyer checklist
to tribal staff and lenders
Lender
- Request TSR at time of application, if not
already requested
- Provide additional incentives for loan officers
serving Indian reservations
- Meet with local tribes and others to help
understand the mortgage process and distribute information on
mortgage products
Bureau of Indian Affairs (BIA information
available on our website)
- Post standardized procedures and forms
on a website
- Routinely provide applicant with new
TSR following loan funding
- Encourage compliance with interagency
agreement
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Craig Nolte, Housing Washington's Native Communities, Federal Reserve
Bank of San Francisco: 2003 (http://www.frbsf.org/community/native/index.html)
http://www.codetalk.fed.us/HUD_ONAP.html
http://www.codetalk.fed.us/One_Stop_Mortgage_Center.htm
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