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Posts Tagged ‘CFPB’

21st Mortgage Corporation Manufactured Housing Loan Data, Per Federal Sources

June 25th, 2019 Comments off

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The following facts is the most recent summary of information available currently from the Consumer Financial Protection Bureau (CFPB) on HMDA data for 21st Mortgage Corporation loans on HUD Code manufactured homes.

 

21st is part of the metro-Omaha, NE based Berkshire Hathaway owned family of brands and is based in Metro Knoxville, TN.

Unlike Clayton Homes and Vanderbilt Mortgage and Finance (VMF), as thousands of manufactured housing industry professionals know, they ‘serve’ independent retailers and communities, as opposed to Clayton Homes directly.

That they like or prefer making loans on Clayton Homes built product should be evident from the report linked below.  But there are good reasons for them to make loans on other producer’s brands, because it arguably provides them with an upper hand, causing other producers of manufactured housing to have a degree of dependence and thus leverage.

 

SmokingGunEvidenceOfAntiTrustMonopolisticCollusionMoatClaytonHomesKevinClayton21stMortgageTimWilliamsWarrenBuffettMHLivingNewsMHProNews

In a series of direct quotes in context, a document from 21st Mortgage signed by Tim Williams, and video recorded comments by Kevin Clayton, these all line up to demonstrate how independent retailers, communities, and producers – among others – where purportedly harmed by action that could be deemed an antitrust violation. 21st, Clayton, and their association mouthpiece, MHI, and their outside attorney have all been asked to comment on these facts and allegations.  They’ve repeatedly declined comment.  https://www.manufacturedhomelivingnews.com/bridging-gap-affordable-housing-solution-yields-higher-pay-more-wealth-but-corrupt-rigged-billionaires-moat-is-barrier/

 

Here is the 21st Mortgage Corporation HMDA data from federal sources noted at the bottom of the graphic.

 

21stMortgageCorpHMDAData

 

You can see by looking at our ‘almost midnight’ report from 6.24.2019 that Vanderbilt made FHA loans, but 21st originated none. That is federal confirmation of a prior news tip that we received from 21st personnel on an off-the-record basis. Those middle management type sources were not able to articulate an answer as to why 21st would stop making such loans, but why VMF would continue to offer them?

You can compare 21st and with VMF’s data, by accessing the report from the linked text-image box below.

 

Vanderbilt Mortgage and Finance Manufactured Home Loan Origination Data, Per Consumer Financial Protection Bureau

 

As with other federal data, compiling and sorting the information has a degree of lag time.  A more complete snapshot from 2015 is available below.  Note that Triad Financial, due to the way they are structured, is not reflected in the screen capture of the federal dataset below. But they are larger that several of the lenders shown, while smaller than 21st, VMF, or Wells Fargo, per sources. It is therefor interesting to note that the top 3 lenders for the year below all have direct ties to Berkshire Hathaway, which owns a sizeable stake in Wells Fargo. 

 

2015HMDAdataManufacturedHousingLendersDailyBusinessNewsMHProNews

Download and open this graphic to see it full size, which is more than double the size visible now.

Both VMF and 21st qualify for the 10/10 rule established by FHA, which made Berkshire Hathaway the dominating lender in that realm.  Was that 10/10 rule threshold a coincidence?  Or was it useful to Berkshire and a sign of some darker relationship that bears federal scrutiny?

 

FollowThe MoneyPayMoreAttentionToWhatPeopleDothanwhatTheySaySpySea72MartyLavinYachtManufacturedHousingINdustryProMHProNews

Marty wasn’t the first to say these quotable quotes, but that he said them and has such close ties to MHI, GSEs, the ‘big boys’ and manufactured home lending should cause the thoughtful reader and inquiring mind to pause and wonder.

 

It is worth mentioning that Harvard’s Eric Belsky said that credit was the lifeblood of housing.  That was dramatically demonstrated by the mortgage/credit/housing crisis of 2008, but which straddled other years.

 

EricBelksyManufacturedHousingIndustryManufacuredHomeManufacturedHousingInstituteResearchDataAffordbleHousingMHProNewsDailyBuisnessNews575

Why did Belsky miss his predicted date? Because it came before Buffett’s entry into MH? See the attorney-reviewed report linked here.

The Government Sponsored Enterprises (GSEs) of Fannie Mae and Freddie Mac have used manufactured housing’s prior credit crisis that began to become apparent with the slide in sales, shipments, and production in 1999, but accelerated into the early 2000s.

 

BloombergShipmentProductionGraphicManufacturedHousingIndustryDailyBusinessNewsMHProNews

April data reflects month 8th of the downturn, with nary a whimper from MHI or the big boys. Why? 

While losses in manufactured housing loan portfolios was significant, as those who recall Greentree, Conseco, Associates and other lenders who essentially vanished from the manufactured housing scene as a result of the meltdown in MHVille that began to be evidenced in 1999.  By comparison to conventional housing losses in 2008, while significant to our industry, it was as an insider called it a “pimple on an elephant’s ass.” See that comment and more from 2017 in the report linked below.

 

“An Elephant Ass,” Understanding GSEs, Duty to Serve, Manufactured Home Lending

 

Why did lending return to conventional housing but not to manufactured homes?  Bear in mind that FHFA data in 2018 reflected that manufactured housing can appreciate.  HUD Secretary Carson has pointed to that fact in some of his 2019 talks touting the potential of manufactured homes.

 

 

Democratic lawmakers have pressed the Consumer Financial Protection Bureau (CFPB) to investigate Clayton Homes and their affiliated lenders.  Several of them are 2020 hopefuls.  That report can be accessed via the text-image box below. 

 

Senate Democrats – Including 2020 Presidential Contenders – Ask CFPB Protect Consumers Against Predatory Lenders — Point Finger at Clayton Homes, Berkshire Hathaway Lending

 

The non-partisan Manufactured Housing Association for Regulatory Reform (MHARR) is asking for Congress to investigate what they have deemed is the failed roll-out of the GSEs of Fannie Mae and Freddie Mac’s Duty to Serve or DTS. One example of their concerns is reflected in their report, linked below.

 

MarkWeissDTSQuoteManufacturedHousingAssocRegulatoryReformMHARRDailyBusinessNewsMHproNews

George F. Allen is increasingly seen as compensated MHI surrogate. Allen has pointed out the obvious, that MHARR is a sponsor of our website. But that’s out in the open, MHARR has banner ads here. What Allen fails to mention is that MHI used to sponsor MHProNews too. So too did Clayton Homes, and 21st Mortgage.  Our coverage of these issues began before MHARR became a sponsor, and while Berkshire brands and others with ties to MHI were still sponsors.  That’s evidence that our reports have been based upon our LLC’s own research and work, without favor.  We follow the facts, evidence, trends, common-sense, and the money trail. We give others an opportunity to respond to concerns. That’s arguably why our audience size and engagement levels on MHProNews dwarfs Allen’s and MHInsider’s combined. We are by far the #1 largest and most-read in MHVille. 

See the related reports below the byline for more.  That’s this morning’s pre-dawn edition of manufactured home “Industry News, Tips, and Views Pros Can Use,” © where “We Provide, You Decide.” ©. ## (News, fact-checks, analysis, and commentary.)

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Nicole Friedman, Ben Eisen, Wall Street Journal – Fannie, Freddie, Manufactured Homes, and MH Financing – Part 1

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https://manufacturedhousingassociationregulatoryreform.org/time-to-investigate-fannie-and-freddies-mishandling-of-dts/

HUD Secretary Ben Carson, Affordable Housing, Obscuring the Truth, Innovations in Housing, and Manufactured Homes

 

 

 

 

 

Highlights Of Consumer Financial Protection Bureau Director Kathleen Kraninger’s First Six Months, What’s Next?

June 12th, 2019 Comments off

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Retailers. Communities. Have you noticed how relatively quiet word from the Consumer Financial Protection Bureau (CFPB) has been in the past 6 months?

 

Yesterday, June 11, marked the first six months of Director Kathleen L. Kraninger taking the helm from acting director Mick Mulvaney. 

Mulvaney has since moved on to the role as acting chief of staff for President Donald J. Trump.

The federal agency is still enforcing laws, but is striving – per their statement below – to do so in a more thoughtful manner, where business has a better sense of what it can or can’t do.  That increased certainty should be good for business over the long haul. In the video interview that follows below, she makes it clear that protecting and educating consumers matters to her.

 

KathyKraningerDirectorCosumerFinancialProtectionBureauWikiDailyBusinessNewsMHProNews

 

Here is her most recent, perhaps first, mainstream news video interview on the topics that follow. By the way, this interview with Bloomberg – a left-of-center media outlet – exemplifies a balance that some may not realize can exist in the mainstream.  There are weaponized interviews, ‘fake news,’ and balanced reports.  This is arguably fair and balanced.

 

 

 

The CFPB news release to the Daily Business News on MHProNews will be followed with some additional details about the new director, plus manufactured home industry related material.

 

HighlightsDirectorkraningersFirst6monthsConsumerFinancialProtectionBureauLogoImmediateReleaseMHProNews1

 

WASHINGTON, D.C. – June 11th marks the first six months of Director Kathleen L. Kraninger leading the Consumer Financial Protection Bureau.

“It is an honor and privilege to serve American consumers. As Director, my focus is to prevent harm to consumers by using all the tools Congress gave us, including education, regulation, supervision and enforcement. I look forward to building on the efforts and progress of these first six months,” said Director Kraninger.

Under Director Kraninger’s leadership, the Bureau:

Educated consumers about financial products and money management

• Launched an initiative, Start Small, Save Up, to increase emergency savings among consumers;
• Expanded the Misadventures in Money Management financial education tool for active-duty servicemembers;
• Educated consumers about mortgage closing scams;
• Educated consumers on debt collection, including steps they can take to resolve a debt, telling the difference between a legitimate debt collector and scammer, and top debt collection questions answered;
• Performed an extensive analysis and report on what suspicious activity reports reveal about elder financial exploitation;
• Provided technical assistance to VITA (Volunteers in Tax Assistance) sites in how to support the people who they serve in making choices about saving part of the tax refund;
• Issued a set of reports for use by state and local leaders working to set up child savings programs;
• Released an education page on financial preparedness for a disaster;
• Received and handled 170,000 consumer complaints;
• Released a financial well-being practitioner toolkit for use by financial educators;
• Provided consumers a list with contact information on specialty credit reporting companies;
• Educated servicemembers and other consumers on new credit freeze protections, jointly with the FTC;
• Released an action booklet on building and managing credit for consumers as part of the Your Money, Your Goals;
• Continued to provide the Your Money, Your Goals guide to service providers to use as they inform individuals transitioning from incarceration on financial information and tools to manage their financial lives;
• Released two snapshots focused on mortgage and servicemembers complaints;
• Facilitated the training of over 1,700 social services staff with information and action steps in money management that they can share with the people who they serve; and
• Reached 25 million publications distributed and 25 million hits on its web service, AskCFPB, over the life of these services.

“Congress charged the Bureau with conducting financial education programs and ensuring consumers receive timely and understandable information to make responsible decisions about financial transactions. We will continue to look for ways to release innovative financial education tools and partner with public and private sector entities engaged in consumer financial education to maximize the reach of these tools,” said Director Kraninger.

Examined to Promote Compliance and Enforced the Law

• Took action against one of the 10 largest HMDA reporters for violating HMDA and Regulation C;
• Took action against a mortgage servicer for violating the Consumer Financial Protection Act; RESPA; Regulation X; the Truth in Lending Act; and Regulation Z;
• Filed a law suit against a debt collection firm for violating the Consumer Financial Protection Act and the Fair Debt Collection Practices Act;
• Filed a law suit against a credit repair company and several related entities alleging that they violated the Consumer Financial Protection Act and also the Telemarketing Sales Rule;
• Took action against a student loan servicing company that engaged in unfair practices that violated the Consumer Financial Protection Act;
• Took action against a company that violated the Consumer Financial Protection Act; the Gramm-Leach-Bliley Act; Regulation P; the Truth in Lending Act; and Regulation Z;
• Took action against an online lender that extends unsecured payday and installment loans for violating the Consumer Financial Protection Act;
• Took action against an individual who brokered contracts offering high-interest credit to veterans for violating the Consumer Financial Protection Act;
• Took action against a company for violating the Consumer Financial Protection Act, the Truth in Lending Act; and Regulation Z;
• Took action against a federally chartered savings association for violating the Consumer Financial Protection Act; the Electronic Fund Transfer Act; and Regulation E;
• Sought to enhance protections for servicemembers;
• Secured over $12 million in redress for consumers and $22 million in Civil Money Penalties; and
• Announced changes to policies regarding Civil Investigative Demands (CIDs) to ensure they provide more information about the potentially wrongful conduct under investigation.

“Enforcement is an essential tool Congress gave the Bureau – particularly because education, rulemaking, and supervision will not prevent every violation. We will use enforcement against bad actors who don’t comply with the law. Ensuring that justice is served in the public interest – that is our goal in using the enforcement tool. Further, a purposeful enforcement regime can foster compliance, help prevent consumer harm, and right wrongs,” said Director Kraninger.

Modernized, clarified, and reduced burden of rules

• Issued the first proposed rulemaking to implement the requirements and prohibitions applicable to debt collectors under the Fair Debt Collection Practices Act since it was passed in 1977;
• Became a coordinating member of the Global Financial Innovation Network (GFIN), a world-wide effort to promote financial innovation that benefits consumers;
• Published a request for information concerning the need for and scope of exceptions under the Remittances Rule;
• Issued an Advance Notice of Proposed Rulemaking to commence developing proposed regulations addressing PACE financing, a relatively new form of financing of home improvements for environmental purposes;
• Issued new written guidance to clarify the TRID Rule and thereby promote mortgage firms’ compliance with the rule;
• Issued new standards the agency will use to meet its obligations under Section 610 of the Regulatory Flexibility Act to conduct reviews of certain rules to evaluate their burden on small businesses;
• Issued comprehensive assessment reports evaluating the effectiveness of the ATR-QM and Mortgage Servicing (Regulation X) Rules to comply with Section 1022 of the Dodd-Frank Act;
• Published proposed rules to delay implementation of and to reconsider the Mandatory Underwriting Provisions of the small dollar rule;
• Published proposed rules to reconsider the mortgage reporting thresholds in the 2015 HMDA Rule and published an advance notice of proposed rulemaking to obtain information to assist in the development of proposed rules to reconsider data points in the 2015 HMDA Rule.
• Issued final policy guidance explaining how the Bureau will modify publicly disclosed HMDA data to protect the privacy of consumers; and
• Commenced implementation of measures to streamline and improve the Bureau’s rulemaking process, such as providing materials to the public that are easier to understand, receiving more feedback from small businesses on proposals, planning to release SBREFA panel reports earlier in the process, maximizing public engagement by generally using a 90 day comment period for complex proposals, and posting all comments submitted in rulemakings to the public docket.

“I am committed to improving the Bureau’s rulemaking process as it will lead to better policy outcomes,” said Director Kraninger. “Improving the rulemaking process will ensure we have clear rules of the road that protect consumers and more effectively execute the Bureau’s mission. This process will increase transparency, public engagement, and thorough, data-driven analysis. To further improve our regulatory process we are developing a way to obtain input from state and local officials, as well as an initiative to ensure that outdated, unnecessary, or unduly burdensome regulations are identified and addressed.”

During her first six months, Director Kraninger has also visited all of the Bureau’s regional offices throughout the country and engaged with regional staff, as well as participated in an on-site exam. In this time, Director Kraninger has engaged with over 600 consumer groups, consumers, state and local government officials, military personnel, financial institutions, academics, non-profits, and former and current Bureau advisors, and traveled to 10 states. Lastly, Director Kraninger announced enhancements to the Bureau’s advisory committees and announced a symposia series aimed at stimulating a proactive and transparent dialogue in the policy development process.

The Consumer Financial Protection Bureau is a 21st century agency that helps consumer finance markets work by regularly identifying and addressing outdated, unnecessary, or unduly burdensome regulations, by making rules more effective, by consistently enforcing federal consumer financial law, and by empowering consumers to take more control over their economic lives.

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KatherineKathyKraningerDirectorConsumerFinancialProtectionBureauWashingtonDCLinkedInProlifeDailyBusinessNewsManufacturedHousingMHProNews

 

When manufactured housing professionals think of the CFPB, a common thought is about the Preserving Access to Manufactured Housing Act.  A fresh, deep review of that can be accessed via the hot-linked text-image box below.  Note that the following covers a timeframe prior to the new director, thus, is no reflection on her either way.

 

Rope-a-Dope – Preserving Access to Manufactured Housing Act, Mom, Dad, & You

What’s next at the CFPB?  That will depend in good measure on what occurs on Election Day, 2020, and the runup to that event.  Stay tuned.

That’s this hump day morning’s first installment of News Through the Lens of Manufactured Homes, and Factory-Built Housing,” © where “We Provide, You Decide.” © ## (News, analysis, and commentary.)

 

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In a series of direct quotes in context, a document from 21st Mortgage signed by Tim Williams, and video recorded comments by Kevin Clayton, these all line up to demonstrate how independent retailers, communities, and producers – among others – where purportedly harmed by action that could be deemed an antitrust violation.  https://www.manufacturedhomelivingnews.com/bridging-gap-affordable-housing-solution-yields-higher-pay-more-wealth-but-corrupt-rigged-billionaires-moat-is-barrier/

 

Senate Democrats – Including 2020 Presidential Contenders – Ask CFPB Protect Consumers Against Predatory Lenders — Point Finger at Clayton Homes, Berkshire Hathaway Lending

May 28th, 2019 Comments off

SenateDems2020ContendersAskCFPBProtectconsumersAgainstPredatorLendersClaytonHomes21stVanderbiltWarrenBuffettLogophotosManufacturedHomeMHProNews

U.S. Senator Catherine Cortez Masto (D-Nev.) led a group of eight other Democratic Senators in calling on the Consumer Financial Protection Bureau (CFPB) to improve transparency around manufactured home financing, according to a release from the office of Senator Cortez.

 

Senator Cortez was joined in the letter signed “by Senators Richard Blumenthal (D-Conn.), Kamala Harris (D-Calif.), Jeff Merkley (D-Ore.), Patty Murray (D-Wash.), Tina Smith (D-Minn.), Chris Van Hollen (D-Md.), Elizabeth Warren (D-Mass.), and Ron Wyden (D-Ore.),” said the statement informing the Daily Business News on MHProNews.

The letter, found at the link here, was dated May 9, 2019.  To date, there is no known response found in an online search on this topic made by the Manufactured Housing Institute (MHI), Clayton Homes, 21st Mortgage Corp, or Vanderbilt Mortgage and Finance (VMF).

Specifically, the letter from Senate Democrats did not name a company, which is potentially more problematic for independents.  However, it did link to the Seattle Times/Center for Public Integrity report found at this link here.  That report specifically names Clayton Homes, Berkshire Hathaway’s manufactured home lenders, and Warren Buffett.

It begins with this paragraph, “Billionaire philanthropist Warren Buffett controls a mobile-home empire that promises low-income borrowers affordable houses. But all too often, it traps those owners in high-interest loans and rapidly depreciating homes.” For new readers, note that MHProNews often turns quoted text brown and bold to make it ‘pop,’ but otherwise the words are as in the original.

The original letter from the Democratic Senators is linked as a download here, and said in part “We urge the CFPB to work with consumer advocates to design and implement an appropriate disclosure form that ensures manufactured home buyers understand their options and are not steered into high-cost loans.”

Their provided copy of the letter is not scannable, so MHProNews recreated a scannable (readable) version for online researchers, which is found as a download linked here.  Thus far, no one in the Omaha-Knoxville-Arlington axis have published a response to this Democratic initiative.  Why not?

SenateDemocratsSignLetterCFPBManufacturedHousingPredatoryLendingMHProNews2019-05-27_2024

There are times that MHProNews waits to see what response, if any, Omaha based Berkshire, Knoxville metro based Clayton Homes, 21st Mortgage, and Vanderbilt Mortgage and Finance, or the Arlington, VA based Manufactured Housing Institute (MHI) makes. Recall Nathan Smith’s pledge that MHI should become more pro-active? Where is the evidence for that in this report? Are we to think that the manufactured housing’s powers that be don’t know about this Democratic call to action?

 

What to Expect?

Should Democrats retake the Senate and White House and hold the House of Representatives in 2020, expect this document to be a harbinger of what’s to come. Recall the deep dive on the Masthead, linked here.

That’s this morning edition of “News through the lens of manufactured homes, and factory-built housing” © where “We Provide, You Decide.” © ## (News, analysis, and commentary.)

 

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“Lead, Follow … Or Get Out of The Way”

Shocking, True State of the Manufactured Housing Industry, plus Solutions for Profitable, Sustainable Growth – May 2019

 

 

 

 

 

 

 

CFPB Outlines New Regulatory Plan, Review

May 14th, 2019 Comments off

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In a news release to the Daily Business News on MHProNews on 5.12.2019, the Consumer Financial Protection Bureau (CFPB) said the following.

 

 

Consumer Financial Protection Bureau Outlines Plan to Review Rules Under the Regulatory Flexibility Act

WASHINGTON, D.C. – Today the Consumer Financial Protection Bureau (CFPB) published a notice on how it plans to periodically review regulations under the Regulatory Flexibility Act (RFA) and to request public input. Additionally, the Bureau published a notice requesting public input as part of its first RFA review examining the 2009 Overdraft Rule.

In Section 610 of the RFA, Congress specified that agencies review certain rules within 10 years of their publication, and consider the rules’ effect on small businesses. The purpose of the review is to minimize any significant economic impact of the rules upon a substantial number of small entities, consistent with the stated objectives of applicable statutes. At the conclusion of each review, the Bureau will determine whether the rule should be continued without change, or should be amended or rescinded. The RFA requires each agency to invite public comment on each rule undergoing review and to consider specific factors, including:

· The continued need for the rule;

· The nature of public complaints or comments on the rule;

· The complexity of the rule;

· The extent to which the rule overlaps, duplicates, or conflicts with federal, state, or other rules; and

· The time since the rule was evaluated or the degree to which technology, economic conditions, or other factors have changed the relevant market.

The public will have 60 days to comment on the CFPB’s plan after publication in the Federal Register.

The CFPB’s RFA 610 review plan can be found at: https://files.consumerfinance.gov/f/documents/cfpb_rfi_regulatory-flexibility-act.pdf

The Overdraft Rule

The CFPB is also announcing the launch of its first RFA 610 review, which is of the 2009 Overdraft Rule.

In 2009, the Federal Reserve Board issued a rule that limits the ability of financial institutions to assess overdraft fees for paying automated teller machine (ATM) and one-time debit card transactions that overdraw consumers’ accounts. The rule amends Regulation E, which implements the Electronic Fund Transfer Act (EFTA). The Bureau recodified Regulation E, including the amendments made by the Overdraft Rule, in 2011 when the Bureau assumed rulemaking responsibility under the EFTA. Today’s notice seeks comment on the economic impact of the Overdraft Rule on small entities. The public will have 45 days to comment after publication of the notice in the Federal Register.

The CFPB’s notice of review and request for comment on the 2009 Overdraft Rule can be found at: https://files.consumerfinance.gov/f/documents/cfpb_rfi_overdraft-rule.pdf

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The Consumer Financial Protection Bureau is a 21st century agency that helps consumer finance markets work by regularly identifying and addressing outdated, unnecessary, or unduly burdensome regulations, by making rules more effective, by consistently enforcing federal consumer financial law, and by empowering consumers to take more control over their economic lives.

That’s this pre-dawn edition of the #1 most-read “Industry News, Tips, and Views Pros Can Use,” © where “We Provide, You Decide.” © ## (News, analysis, and commentary.)

 

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Financing – Dramatic Shift – Manufactured Housing Institute (MHI) Insider News Tips

October 13th, 2018 Comments off

 

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What follows dramatically changed the manufactured home industry.

 

It started with the SAFE Act. Two years later, it was Dodd-Frank. While Dodd-Frank was being passed into law, came first one, then another letter from 21st Mortgage Corp that was sent to the independents of manufactured housing.

In the wake of that trifecta came
• a steady wave of independent retail closures.
• Thousands of manufactured home communities had been losing occupancy for approaching a decade. Losing occupancy in communities resulted in relatively few outright failures, but far more that sold out to larger portfolio operations.
• All of the above resulted in a number of independent producers of HUD Code manufactured homes.
• U.S. Bank essentially shuttered a profitable manufactured home lending operation, citing low volume and regulatory risk.
• Communities that made loans on manufactured homes to buyers – like UMH Properties – likewise stopped making those deals, due to regularly risk.

All of the above created dramatic change for the industry. They are points few who understand the facts would deny. So, what are the insider insights?

Many.

This column will focus on one aspect today that has literally impacted the entire industry, without exception. Other reports from inside MHI, and later from inside Clayton Homes, and other organizations impacting MHVille will follow in the days ahead.

 

The View of Insiders at MHI

Recent reports on MHProNews have spurred a surge in news tips from manufactured home industry readers and insiders. These aren’t the fluff-talk that others may publish, but rather core issues that make or cost companies opportunities and money.

Among those numerous tips and comments?

Those that focused on inside information from and about the Manufactured Housing Institute (MHI), and how they’ve handled the industry’s post-production and production agendas.

It should be noted, prior to proceeding to this manufactured home regulatory and financing focused report, that there have been some ‘fake news’ tips coming in too. MHProNews seeks evidence and corroboration on claims, not just a mere allegation.

Evidence and corroboration are important for our work. Why? Because some hate an operation, agency, and/or person so badly that they will make up something that sounds salacious, plausible or ‘juicy.’ But if it turns out to be untrue, has no corroboration, etc., then we at MHProNews don’t run it.

It should also be noted that those who provide news tips may hold different policy, political, or other views than MHProNews’ publishers.

For example, among the tips are voices that are pro-MHI, or pro-Clayton, etc. So why do pro-Clayton, 21st, MHI, etc. voices pick up a phone, or send messages, documents, and other forms of news tips, and insights?

Among the reasons we have been told by such sources is that they may like some person or industry organization, but nevertheless they too have concerns with specific things said, or done. Others raise the flag on some failure to act in a timely or proper fashion about an important issue.

Nathan Smith is among those who has said that the industry must admit its past failures. Richard ‘Dick’ Jennison – MHI’s President and CEO, has also generically admitted past failures. Both of those were captured on videos by MHProNews.

It’s facts, evidence, reason, and related we pursue at MHProNews. Insights and information are then shared with manufactured housing readers and investors through the lens of how it impacts the industry.

With that tee-up, let’s examine how a financing related issue dramatically changed the manufactured home industry, as told to MHProNews from voices in or associated with the Arlington, VA based Manufactured Housing Institute (MHI).

 

Inside MHI and Financing, and MH Consumers

The industry’s retailers and communities didn’t have to hear from Harvard’s Eric Belsky to know that credit – access to capital and financing – are essential to manufactured housing.

The industry’s consumer groups have also protested what then CFED’s Doug Ryan – who today is Prosperity Now’s point-man for manufactured housing issues – called Clayton’s monopoly on manufactured home lending. Ryan said that in an article published by American Banker.

What MHI insiders have stressed to the Daily Business News on MHProNews is that the consumer groups offered during the Obama Administration to compromise with MHI.

They [MHI] are now trying to sell S 2155 as an accomplishment, as a win by MHI,’ said one source. “But MHI specifically rejected that same deal with consumer groups about 4 years ago.

 

“Stomping” and MHI’s Dick Jennison

A caller told our publisher that when L.A. ‘Tony’ Kovach sends a message to MHI’s team members, asking for a comment, or sharing some information, those messages are supposed to be forwarded by staff to MHI’s President, Richard ‘Dick’ Jennison.

He will come stomping out of his office” in anger said the caller. Another source at MHI said that “Dick [Jennison] gets red-faced when he gets upset” – including, but not limited to, those messages.

MHI will work with alternative bloggers and trade media competitors, in an effort to try to counter news coverage by MHProNews, or some report by the Manufactured Housing Association for Regulatory Reform, explained a person privy to such details.

Without specifically using those words, these sources were saying that MHI strives to ‘control the narrative’ as much as they can.

MHI team members have traditionally been a mix of both Democrats and Republicans, explained one. They don’t necessarily do that formally, but that has been the modus operandi (MO – method of operation) for years, explained that source, who believed it was a good association practice.

MHI felt the heat rising from the grass roots of the industry about financing and Dodd-Frank, explained one. They felt they had to “do something” to get what looked like a win on the heavy regulations coming out of the Consumer Financial Protection Bureau (CFPB).

But they could have had that same win with the MLO rule years ago, simply by making that agreement with the consumer groups. It would have required no legislation in Congress, because it would have been done via the CFPB. That would have “saved millions of lobbying [and overhead] dollars in the process.

For anyone who’s business was negatively impacted by those years of regulatory overreach during the Obama era, they are potent admissions that imply what were avoidable burdens and costs for thousands of industry companies.

 

Attempted Choke Hold on Information, “Scandal…”

Dick, wants to hold things very close to the vest.” There are circles within MHI staff, and circles within MHI members, per several insider sources.

The division boards and staff may make recommendations, but it’s the MHI Executive Committee that has the power.

The Executive Committee tasked Dick with carefully managing the budget. He’s done that to their satisfaction,” said a known voice.

Meanwhile, an MHI VP has told MHProNews that Jennison “didn’t really understand, or much care about, the industry itself.” Additional details on that will be part of an upcoming related report.

Dick’s job [at MHI] isn’t lobbying per se. It’s to manage the people, and [to] manage the budget.”

Reacting to those MHI insider comments, one industry professional and longtime association member said that it’s not “the millions wasted on lobbying Dodd-Frank” that bothers himas much as the billions in lost business or [business] valuations caused by MHI’s failure to compromise with consumer groups on Dodd-Frank. That’s the scandal.”

Some of the professionals they essentially put out of business were longtime industry friends of mine,” said a retailer. “I pray that Republicans hold the Congress, and that in the next two years the Feds expand their investigation into the market manipulation of manufactured housing that’s taken place. Buffett’s control of the industry through crony Democratic capitalism is an issue that could unite the left and the right. It’s cost taxpayers, homeowners, housing seekers, and small businesses like myself tremendously.”

An MHI member producer said that wiping out thousands of the independents in retail “hobbled every non-vertical producer” in the industry.

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Another interesting observation was from one caller, who described them-self as not being crazy about MHARR because of style. But that person admitted that what they, MHProNews and others have often forced the much larger Manufactured Housing Institute (MHI) to pivot or change course.

The insights above confirmed prior sources, some of those are linked in the ‘related reports’ that are found further below.

The bottom line on this issue is that capital and restrictions on financing that dramatically changed the industry could have in many cases been avoided and/or mitigated. As one put it, had MHI settled the high-cost lending and MLO rule issues 4 years ago, they could have been focused on exclusionary zoning or other larger issues instead.

This is part one of a planned multiple part series that will include tips and insights from industry insiders.

Motivations?

One of those noted above said that they wanted to get some things off their chest, and another that said they wanted more transparency, so that the industry can deal with the real issues, heal, and advance to its true potential.  A third said that no other resource is as read as MHProNews, and this gave them the anonymity they needed to keep their job, and still share useful insights.  Other motivations were mentioned by professionals involved in the above, but stating them could reveal the source.

More from inside MHI, Berkshire owned brands, and other organizations connected to the manufactured housing industry in the days ahead. “We Provide, You Decide.” (C) ## (News, analysis, and commentary.)

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Duty To Serve, “Complete Waste of Time” per Tim Williams, CEO/21st Mortgage; POTUS Trump, Warren Buffett Insight$

 

 

 

 

 

Has the Manufactured Housing Institute Accused Former MHI Chairman Nathan Smith of Federal Law Violations?

October 1st, 2018 Comments off

 

HasManufacturedHousingInstituteLOGOAccusedFormerMHIChairmanNathanSmithPhotoSSKCommunitiesYouGotItHomesLogoViolatingFederalLawDailyBusinessNewsMHProNews

Earlier this month, the Manufactured Housing Institute produced a handout to their members. One of those was provided to the Daily Business News on MHProNews.

 

It came with a question.

 

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Has former MHI Chairman, Nathan Smith violated federal law?  Isn’t that what MHI’s FAQ #6 implies, given SSK’s past and more recent marketing practices?”

It is an interesting topic.

This isn’t the first time that SSK Communities has been accused by others in manufactured housing for allegedly violating federal advertising, and possibly other laws.  As the Daily Business News noted last week, SSK Communities has had several legal woes.

Nathan Smith’s SSK Communities also has an “F” rating by the Better Business Bureau (BBB).

 

2018-09-26_0939BBBSSKCommunitiesLogoNathanSmithPhotoManufacturedHomeLivingNewsThirdPartyLogo

You can see a Nathan Smith, SSK Communities related report, by clicking this link here.

Further below, you can see a marketing item from Augusta Homes Sales, LLC, YouGotItHomes® from their Facebook page.  This is one of a number of such questioned marketing items over the years that has been brought to MHProNews’ attention by industry readers.

MHI’s new FAQ guide asks this question, among others, “Can retailers and community owners advertise monthly payment amounts and interest rates in their effort to sell a manufactured home?”

Here’s how MHI answered that question.

ANSWER:  “No. Pub. L. 115-174 § 107 provides added flexibility when discussing the mortgage lending process with customers during the sale of a manufactured home, including when referring customers to lenders to discuss financing options. It does not give authority to advertise credit terms.

While the law provides that a retailer or community owner cannot directly negotiate loan terms with a consumer or lender (including rates, fees, and other costs), advertising is generally not considered negotiating; it is an invitation to negotiate. However, Regulation Z, which implements TILA, still prohibits advertising hypothetical terms, such as a down payment, an interest rate, or a monthly payment. Advertising requirements also vary by state and advertising credit and/or loan terms may require registration and/or licensure under the SAFE Act. 

Retailers and community owners can make general statements about the availability of credit in advertisements, as long as they do not use specific credit terms or reference a particular lender’s available credit terms. They can also discuss hypothetical terms in person with customers when explaining the mortgage lending process. However, for additional information regarding state-specific advertising requirements, MHI recommends contacting qualified legal counsel.”

NathanSmithYouGotITHomesAugustaHomesLLCViolatedFederalLawUnderTILTARegZDailyBusinessNewsMHProNEws

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Was Richard Cordray – who led the CFPB until leaving the federal agency to run as a Democrat for Governor of Ohio – too busy to look into concerns about Nathan Smith, a prominent Democratic supporter of former President Barack Obama?  ICYMI, you can later read these 2 related reports, linked immediately and further below.

Nathan Smith, SSK Communities, From Mobile Home Resident to Manufactured Home Communities Owner, & Manufactured Housing Institute Leader

MHProNews is hereby spotlighting and raising anew such concerns, noting that Nathan Smith, his companies, and MHI may have an explanation or defense, and that they are ‘innocent until proven guilty‘ by law. Smith, MHI, and the CFPB will be asked to comment about this matter.

Stay tuned for a planned follow up on this report, based upon their response(s).

This should also serve as reminder to others who may or may not be using similarly questionable or legally risky advertising messages.

As a final point, MHI’s handout busily patted their own back hard several times for their role in the passage of S 2155.  To understand the background and facts about that topic, please the related reports, linked further below. That’s this evening’s manufactured housing “Industry News, Tips, and Views Pros Can Use,” © where “We Provide, You Decide.” ## (News, analysis, and commentary.)

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Related Reports:

Manufactured Homes Could Help Solve the Affordable Housing Crisis, So, Why Aren’t More Manufactured Homes Being Sold?

 

Nathan Smith, From Mobile Home Resident to SSK Communities Owner and President Barack Obama Connection

Warren Buffett, Charlie Munger, Fannie Mae, Freddie Mac, Berkshire Hathaway Backstory

White House Announces Surprise Pick to Head Consumer Financial Protection Bureau

June 19th, 2018 Comments off

WhiteHouseAnnouncessurprisePickHeadconsumerFinancialProtectionBureauCFPBDailyBusinessNewsmHProNews

President Donald J. Trump announced [Monday] his intent to nominate the following individuals to key positions in his Administration,” the White House pressroom tells the Daily Business News.

Dino Falaschetti of Montana, is to be the Director of the Office of Financial Research (OFR), Department of the Treasury.  The White House press room gave his bio as follows.

Mr. Falaschetti was born and raised in Illinois.  He earned a Ph.D. from Washington University in St. Louis, an MBA with high honors from the University of Chicago’s Booth School of Business, and a B.S. with distinction from Indiana University’s Kelley School of Business.  He served as a senior economist in President George W. Bush’s Council of Economic Advisors, and currently serves as chief economist for the House Committee on Financial Services.  Previously, as a professor, he earned tenure in economics and law, as well as a named professorship in finance.  As a business professional, he managed a Fortune 100 corporate finance department, and also served as an expert witness on matters involving governance, accounting, and finance.”

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House Financial Services Committee Chairman Jeb Hensarling supported the nomination in a separate statement to MHProNews.

As is the case with most post-crisis creations of President Obama and Washington Democrats, the Office of Financial Research has failed to live up to its purported mission. Plagued by reports of inefficiency, poor morale and fiscal irresponsibility, the OFR is in desperate need of new leadership,” Hensarling stated. “Dino’s policy leadership on systemic risk and monetary policy, as well as his professional experiences with financial institutions and executive management in economic research, is exactly what OFR needs to realize its vision of ‘a transparent, efficient, and stable financial system.’ While we will miss his knowledge and expertise, I applaud President Trump for this outstanding pick.”

 

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Oval Office Names Surprise Nominee to Head CFPB

The Los Angeles Times and some other self-proclaimed ‘progressive’ sources suggested that the nomination of Kathy Kraninger was designed to keep Mick Mulvaney on longer at the CFPB.

Some are saying she lacks the qualifications to Head what they say is currently the single most powerful regulatory agency in Washington, D.C.

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But the White House defended the choices, and said as follows in their statement.

Kathleen Laura Kraninger of Ohio, to be Director of the Bureau of Consumer Financial Protection for a term of five years.

Ms. Kraninger currently serves as the Associate Director for General Government at the Office of Management and Budget.  In her current position, Ms. Kraninger oversees $250 billion in budgetary resources for seven cabinet departments and thirty other federal agencies, including the Department of the Treasury, Department of Housing and Urban Development, and the Bureau of Consumer Financial Protection.  Ms. Kraninger started her career in public service as a Peace Corps volunteer.  After the attacks on 9/11, she joined the newly created Department of Homeland Security, and was promoted to Deputy Assistant Secretary for Policy.  Ms. Kraninger also worked in Congress, from 2011 to 2013 on the House Committee on Appropriations, and from 2013 to 2017 on the Senate Committee on Appropriations.  She received a B.A. in political science and education, Phi Beta Kappa, from Marquette University, and a J.D. from Georgetown University.”

JebHensarlingTXRHouseFinancialServicesCommitteeWikipediaDailyBusinessNewsMHproNews

Jeb Hensarling, official photo, chairman of the powerful House Financial Services Committee, R-TX.

Chairman Hensarling weighed in on that nomination too, with the following statement to the Daily Business News.

The Bureau has an important mission to enforce consumer protections laws, and properly designed and led, it is capable of great good. We have seen some of that good under the leadership of Acting Director Mulvaney, and I have no doubt that will continue under the leadership of Kathy Kraninger,” Hensarling said.

I am especially pleased that President Trump nominated an individual with management and budget experience—two qualities that are desperately needed at an agency which has been plagued with cost overruns and unnecessary spending and does not have a full-time and an independent Inspector General. I’m confident that, under Kathy’s leadership, gone are the days of wasting a more than $240 million of taxpayer money to renovate a building it doesn’t even own and paying staff to perform research that has nothing to do with the Bureau’s mission,” Hensarling said, adding, “I look forward to working with Kathy, the Trump Administration and House and Senate Democrats to reform the Bureau into a law enforcement agency that truly protects consumers and is accountable to the people’s elected representatives.”

Mulvaney, as regular MHProNews readers know, has made waves by trimming the power of the CFPB from within.

Inside Scoop Mulvaney-CFPB and MHI, Berkshire Hathaway Company Meeting Detail$

The Trump Administration – not a chest-thumping, posturing trade group in Arlington as some claim – made possible the change to Dodd-Frank that loosened up the MLO rule.  For more details, see the related reports, linked above and below.  ## (News, analysis, and commentary.)

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Note: those who think that the struggles over the enormous powers of the CFPB are over, need to think again. More on that in the days ahead.

Related Reports:

White House Signing Ceremony on Historic Pro-Growth Financial Regulatory Reform

President Trump Spotlights Factory Home Builder in Speech, Proven Promotion, Support of Industry Advancement

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MH Finance Earthquake Coming? Trump Admin Master Stroke? Defanging CFPB, Manufactured Housing Impact?

January 19th, 2018 Comments off

MickMulvaneyCFPBInterimDirectorPoliticoDailyBusinessNewsMHProNews

The last quarter when Richard Quarter was director of the Consumer Financial Protection Bureau (CFPB), left-of-center Politico reports that, “former director Richard Cordray asked for $217.1 million. Cordray, an appointee of President Barack Obama, needed just $86.6 million the quarter before that.”

 

According to more centrist Reuters, what did Trump’s interim CFPB director ask for his quarterly funding from the U.S. Treasury?

Zero.

Nadda.

Send no more money.

The move by Mulvaney, a vocal agency critic who is also is Trump’s budget chief, has spurred concerns among consumer advocates,” per Reuters.

Could it signal an intent by the Trump Administration to gut the agency, by defunding it?

If so, would that leave onerous regulations manufactured housing regulations – such as points/fees thresholds, and the MLO rule – unenforced, and de facto ended?

Mulvaney said he plans to spend down a $177 million reserve fund,” as part of his contribution to the deficit.

What will happen beyond that is uncertain.

But the Trump Administration – through vocal CFPB critic Mulvaney – could be signaling the next round of D.C.’s anti-swamp warfare. As Mulvaney said after his first day as acting director: “Elections have consequences at every agency.”

The Daily Business News will continue to monitor these developments for the industry.

MHProNews is herby calling upon the Manufactured Housing Institute (MHI) to reveal all of their messages and/or meeting minutes since Mulvaney has taken over at the CFPB.

Manufactured Housing Institute (MHI) Gives Written Responses – “Part of a Rigged, Corrupt System”

Doesn’t MHI needs to be transparent about if they are truly trying to achieve their claimed changes to Dodd-Frank, or not? “We Provide, You Decide.”

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Mulvaney Moves Quickly to Start Reigning in the CFPB

November 27th, 2017 Comments off

MickMulvaneyCracksDownConsumerFinancialProtectionBureauCFPBThe question might be a coin toss for many in the manufactured housing industry.

Which federal agency has caused the manufactured home (MH) industry and its consumers more head-aches and heart aches in the last 5 (+/-) years?

Some would say, it’s the Department of Housing and Urban Development (HUD). But others would no doubt answer that it’s the Consumer Financial Protection Bureau (CFPB).

Manufactured home retailers and communities alike had their worlds upended by the CFPB.

Thus, the swift moves by White House budget director Mick Mulvaney, named by the Trump Administration as the interim director of the CFPB by until the Senate confirms a permeant nominee, will be met with some smiles by many in MHVille.

Two videos by Fox News show the state of play in the chess moves by Leandra English, who has sued to get the job that Richard Cordray gave her. For the left-right media tilt chart, click here.

 

Leandra English Sues to Control CFPB, Who’s Legally in Charge?

The Bloomberg video points to pro-CFPB Senator Elizabeth Warren’s take on the matter.

If Mulvaney and the White House prevail, it could be one of the more significant outcomes for the MH industry, which lost lenders as large as U.S. Bank due to the CFPB’s onerous policies.

Bank Vault Door Closes on Manufactured Housing Lender

The article linked below names some of the others who exited the industry’s lending as a result of the CFPB’s regulations.

Sam Landy, UMH CEO, on Dodd-Frank and The Preserving Access to Manufactured Housing Act – S 682/HR 650

The issue has the potential for making pursuit of Preserving Access irrelevant.

“Perverse”–Warren Buffett-Dodd-Frank, CFPB, Manufactured Housing, Loans, Independent Businesses Fact Check$

The Daily Business News will continue to track this breaking issue.  ## (News, analysis, and commentary.)

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“Perverse”–Warren Buffett-Dodd-Frank, CFPB, Manufactured Housing, Loans, Independent Businesses Fact Check$

November 20th, 2017 Comments off

PerverseWarrenBuffettDodd-FrankCFPBManufacturedHousingInstituteManufacturedHomeLoansClayton21stVanderbiltDailyBusinessNewsMHProNewsThere seems to be some perverse human characteristic that likes to make easy things difficult.”

– Warren Buffett,
Berkshire Hathaway (BH) Chairman, parent to Clayton Homes, Vanderbilt Mortgage and Finance (VMF) & 21st Mortgage Corp, other industry suppliers, et al, cited per BrainyQuote.

 

The essence of simplicity for business professionals is the would-have-been campaign platform teased by star performer and manufactured home owner, Kid Rock.

 

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MHLivingNews and MHProNews highlighted Kid Rock periodically for months. Among the reasons are the simple points he made. Whatever his intent, Kid Rock told the story of the MH Industry’s home owners and independent business people’s struggles in compelling ways.

“Born Free,” “Po-Dunk” Manufactured Homeowner Kid Rock Updates Senate Race Status

Perhaps in the era of President Barack Hussein Obama, the realistic fix for Dodd-Frank’s harm was the long sought Preserving Access to Manufactured Housing Act.

But is Preserving Access still the best option in this new era of Regulatory Rollback, under President Donald J. Trump?

IWillLowerTaxesEliminateUnnecesaryRegulationUnleashAmercianEnergyPlacingAMericanBusienssandWorkersFirst-DOnalTrumpNationViewsMHProNews

President Trump and VP Mike Pence have both said they will be in the promise keeping business.  As the Daily Business News has tracked for the MH Industry’s professionals and enthusiasts, the economy is advancing with those regulatory roll-backs, see link here. http://www.mhpronews.com/blogs/daily-business-news/profitable-insight-potu-trump-effect-on-mh-stock-at-1-year-part-4/

When the president and much of the GOP are pursuing eliminating or severely curtailing the Consumer Financial Protection Bureau (CFPB) that Dodd-Frank spawned, why tweak a law, when you can kill it or take control over it?  And based on the regulatory rollbacks to date, isn’t it obvious that the president will replace Cordray with someone more business friendly?

Obtained Email Details Richard Cordray Resigning Soon, Cong. Hensarling Reacts

Kid Rock, Donald Trump and millions of others have advocated for something simple.  Cut regulations, cut taxes, let the genius of American business professionals create jobs, and through business growth, create more prosperity for millions of Americans.

Facts Are, Facts Matter

What we learn from history is that people don’t learn from history.”

– Warren Buffett,
Berkshire Hathaway (BH) Chairman, parent to Clayton Homes, Vanderbilt & 21st Mortgage, per GoodReads.

As GovTrack and the Daily Business News on MHProNews have reported for months, the odds of passing the Financial Choice Act are far better than is the passage of Preserving Access.  While the odds for both have risen since the report below, that link is but one of several examples of reported news that MHI could have pro-actively responded to by pivoting from their long-held Preserving Access position.

Financial Choice Act, with MHI Bill, Heading to Floor Vote, Outlook, Analysis

Given that Nathan Smith – former MHI Chair, prominent Democratic Party activist, and partner in SSK Communities – said that it was his goal to cause the Manufactured Housing Institute (MHI) to stop being a reactive association, and to start being a pro-active one.  If so, why is MHI still so reactively focused on the Preserving Access issue in the Age of Trump?

 

 

Superficiality is the curse of the modern world.” – Matthew Kelly

Support for Preserving Access, For the Record

It is a matter of record that MHLivingNews and MHProNews actively supported Preserving Access in word and deed for years. Time, talent, and treasure were expended to create articles and videos that documented why the CFPB’s implementation of Dodd Frank were harming the industry’s consumers and businesses alike. To this moment, this publication is okay with the goal, but what we’ve spotlighted is that a far better goal for the MH Industry is now possible.

That original full-length Nathan Smith video and article were but one of dozens of examples of active support by this trade publisher of the MHI sponsored bill.  That video, or dozens of articles, lobbying, etc. cost MHI not one dime.

This trade media – in association with those industry companies that we work with – paid for that video, and so much more, in time, talent, and treasure.  MHI can’t legitimately claim otherwise.

MHI has allowed millions of dollars of the association’s member’s dues money to be gobbled up in this Preserving Access effort, plus the MHI PAC money in addition to the association costs.

Where are the MHI results?

PEPProtectEducatePromoteUnlockingMindsKeyToAdvancementMHProNews

http://www.mhpronews.com/industry-news/industry-in-focus/a-executive-summary-400-words-manufactured-housing-industry-obstacles-and-billions-in-opportunities

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Barney Frank, official photo, credit Wikipedia.

Perhaps the better question is, who benefited by NOT passing Preserving Access?

Barney Frank Letter De-Bunked a Key Dodd-Frank Claim…

It should also be noted that it was an MHProNews reader who supplied this potent letter that was first published here, and was later used by MHI.  This letter – linked below – was read into the Congressional record, in support of Preserving Access.

Barney Frank Letter link.

It was also MHLivingNews and MHProNews that discovered and broke the story that CFED – since renamed, Prosperity Now – was receiving CFPB funding.

CFED and CFPB – Confused, Conflicted “Friends” of Manufactured Home Owners and Prospective Buyers?

Of course, CFED backed the CFPB — they were being paid by them.

Follow the Money?

Among the articles that MHI President Richard “Dick” Jennison asked MHProNews to publish was this one by Jason Boehlert.

Manufactured Housing Institute and Consumer Groups Urge CFPB to Change Loan Originator Guidelines; Support Builds for H.R. 1779

Shortly after it was published, Jennison contacted MHProNews in what could be described as a panic.

Jennison’s urgent request? That MHProNews unpublish the article that they had previously asked just days before that we publish for them.  Please note the footnote under the article, linked above.

Per Jennison’s call – and what other MHI sources later revealed to MHProNews – it seems that Jennison, Boehlert, and MHI had failed to check with the consumer groups before announcing their “victory.”  As MH industry history tells us, their was no victory to announce.

LATonyKovachMHProNewsMHLivingNewsMHINoJournalistPhotoNCCPostedDailyBusinessNewsMHProNews

At the recent San Antonio MHI meeting, Dick Jennison and Lesli Gooch repeatedly made thinly veiled statements, aimed at MHProNews. But when these signs were first introduced, top MHI staff claimed it was aimed at ‘outside’ media, not ‘industry media.’ What caused that change by Jennison and his allies toward a dues paying MHI association member? What message does it send to others in the association? What message does it send to the industry at large? Is MHI trying to create a de facto industry trade media monopoly? Other monopolies?

Here are some of the dozens (if not, hundreds) of articles that MHLivingNews and MHProNews published in support of Dodd-Frank, CFPB related news, and reform efforts.

Media Should Re-Visit Dodd-Frank Reporting in Light of Congressional Testimony

Noise and Smoke vs. Facts About Manufactured Homes and Lending

Renters’ Nation: The Dark Side of Dodd-Frank and Its Impact on Affordable Housing

She Black, He’s White, They’re in Different Parties. Why Congressional Representatives Terri Sewell and Andy Barr Support Preserving Access to Manufactured Housing

Dodd-Frank and Manufactured Home Financing: The Place Where Good Intentions and Unintended Consequences Collide

Can MHI – or any of their most ardent supporters – find any others in the industry’s trade media that provided more published support for their Preserving Access bill?

Thousands of others – including us – wrote in support of their bill. But in hindsight, in spite of all those efforts, wasn’t Preserving Access a flawed plan from the start?

ExperienceTeachesOnlyTheTeachableAldusHuxleyBrainyQuoteDailyBusinessNewsMHProNews

Those and numerous other pro-Preserving Access steps were taking place, even though Jennison was allegedly already undermining MHProNews/MHLivingNews, which will be the subject of a separate, upcoming report.

While word, deeds, and rumors were coming to MHProNews about Jennison’s and his allies effort to undermine this pro-industry trade media – which we where then an MHI member company – MHProNews continued to support Preserving Access. Why?  On principle, based upon what we knew at the time, it seemed like a sound plan.

Furthermore, the evidence shows that MHProNews continued to allow MHI to provide content to be shared with the industry to promote that effort. One of several possible examples is linked below.

Manufactured Housing Institute Responds to Doug Ryan-CFED commentary on CFPB report on Manufactured Housing Finance

Note that in a prior message to MHProNews, MHI’s then VP admitted that Barack Obama’s winning in 2012 was a significant setback for any roll-back of Dodd-Frank.

2012 Election Results and Coming Lame Duck Session

That being the case, as MHI’s own VP stated, why did MHI continue to pursue Preserving Access

Why did MHI continue to promise passage of Preserving Access – as Jennison publicly did in 2015 at Louisville – when their own Vice President of Government Affairs laid out the facts as to why it was not going to happen?

In hind-sight, where was the logic of the MHI stance?  Or as Berkshire Hathaway’s chairman has said,

Chains of habit are too light to be felt until they are too heavy to be broken.”

– Warren Buffett,
Berkshire Hathaway (BH) Chairman, parent to Clayton Homes, Vanderbilt & 21st Mortgage, et al, per Investing.

As quoted in Medium, his partner at BH said, “Warren Buffett has become one hell of a lot better investor since the day I met him, and so have I. If we had been frozen at any given stage, with the knowledge we had, the record would have been much worse than it is. So the game is to keep learning, and I don’t think people are going to keep learning who don’t like the learning process.” – Charlie Munger, Berkshire Hathaway – parent to Clayton Homes, Vanderbilt & 21st Mortgage, et al.

Isn’t it time for the industry’s business professionals to follow Buffett’s lead on three things: reading, planning long term, and learning from the lessons of history?

WarrenBuffettMostImportantHabitReadingReadMajorityofSuccessfulPeopleRead30MinutesDailyTimeMoneyDailyBusinessNewsMHProNews

MHI and Warren Buffett provide the best reasons for the industry to follow and support the industry’s leading independent trade media. MHLivingNews.com, and MHProNews.com.  BH companies do… 

What MHI, Industry Insiders Have Told MHProNews

Several industry success stories, plus association, non-profit and other informed sources and insiders have told MHProNews that Dodd-Frank has proven to be a windfall for Buffett’s brands.

Bank Vault Door Closes on Manufactured Housing Lender

U.S. Bank clearly stated that that they exited manufactured home lending, due in part to low volume, and regulatory risk.

The volume, knowledgeable sources at U.S. Bank said was okay, as their loan portfolio was profitable.

But U.S. Bank could not overlook the risk of the loans.  That statement dovetails with what UMH President Sam Landy told MHLivingNews about their own loan program, and Landy pointed to others that exited for the same reason – regulatory risk – as was reported.

Sam Landy, UMH CEO, on Dodd-Frank and The Preserving Access to Manufactured Housing Act – S 682/HR 650

Some of that regulatory risk could have been eliminated, per our sources, by trading the MLO rule for the 21st/VMF sought points and fees rule.

The Bottom Lines?

Warren Buffett has said that his favorite hold time is forever. Unlike many in the industry, which is often short term in thinking, Buffett’s patient. In 2003, Buffett began his run on taking over the manufactured housing industry.

Fraud, Class Action, CFPB-Warren Buffett, Berkshire Hathaway, Clayton Homes, Vanderbilt Mortgage & Finance, 21st Mortgage, Manufactured Housing Institute, and the Manufactured Homes Industry

It has not been without controversy, as MHProNews has previously reported, and more veteran industry professionals know first-hand.

In hindsight, isn’t it true that Buffett and his brands win regardless if Preserving Access passes or not?  Sources have made precisely that claim, and those sources include voices within MHI’s circle of influence.

Beyond that circle that speak off-the-record, are comments like Alan Amy, Lance Inderman, Bob Crawford, or others who have spoken on the record on various aspects of the Preserving Access and related issues.

LanceIndermanQuoteDoddFrankObamCarePrivateSectorDespiseGovtwealthyDespiseTruePrivateSectorUseGovtDailyBusinessNewsMHProNews

This comment was previously sent, and MH Industry readers, as with any quote, should determine if it fits the context of this article. “We Provide, You Decide.” ©

MHI/NCC member Frank Rolfe made it clear that MHI’s communications and pushing for Dodd-Frank made no sense to him.

 

FrankRolfeNegativeArticlesOnIndustryNoCommentbyManufacturedHousingInstituteMHIRVHorizonsMobleHomeUniversityPostedDailyBusinessNewsMHProNews-575x132

http://www.mhpronews.com/blogs/daily-business-news/frank-rolfe-blasts-mhi-for-poor-media-engagement-industry-reactions/

Solutions, Not Whining

Jim Ayotte’s statement, quoted below, was sent to MHProNews regarding a different topic, one that will be published soon.  But isn’t Ayotte’s observation a keen one for not only associations, but also businesses or pro-industry trade publishers too?

AsAssocExecutiveMyJobAssessSituationSeekBestPossibleOutcomeBasedOnFactsAsIKnowThem-ManufacturedHousingIndustryVoicesDailyBusinessNewsMHProNews

Don’t the facts reveal that MHI has supported one ineffective policy after another?  Where is their self-proclaimed clout?

Exclusive – HUD’s Manufactured Housing Program Administrator Pam Danner, Update

While MHI has failed to advance its agenda, even before MHProNews began to more aggressively fact check the association, doesn’t the history above clearly reflect that MHLivingNews and MHProNews supported Preserving Access?

Even while supporting MHI’s bill, and prior to this publication more aggressive fact checks of MHI, the Daily Business News will further allege that Dick Jennison was working against this operation’s interests.

That’s not a light comment.  Others associated with MHI have said similarly, that their interests (not just ours…) are being undermined by the Monopolistic Housing Institute (oops, Manufactured Housing Institute…MHI) – too.

ELS’ Sam Zell – Compliance Costs Destroys Smaller Businesses = Consolidation

Perhaps more significant, as MHI presses on with its over half-decade failed agenda, for whatever reasons, the industry continues to consolidate.

That consolidation is taking place due to the heavy burdens of regulations.

Regulation Nation – Manufactured Housing Associations, Companies, and Professionals

The non-profits and MHI company members have informed the Daily Business News that MHI had in its power to ‘cut a deal’ to eliminate the so-called MLO, several years ago by agreement.  The trade?  Give up the points and fees in exchange for the MLO rule.  MHI’s leadership, per those sources, said no.

IshbelDickensPhotoNationalManufacturedHomeOwnersAssocNMHOALogoDailyBuisnessNewsMHproNews

MHProNews has fact-checked the often flawed positions of NMHOA for years; that said, on this issue, there are multiple sources that state that Dickens accurately reflected the meeting between MHI and other non-profits.

While other industry companies and so-called “Lonnie Dealers” could have benefited from the points and fees rule too, the primary beneficiary were the Berkshire Hathaway brands of 21st, and Vanderbilt.

Simple reason tells the objective observer that Warren Buffett’s companies have not only dominated MHI, they’ve used MHI to the detriment of thousands of others in the industry.

So where is the logic for independents to support MHI?

The Racket?

It is Democratic lawmakers who are calling leading light Democratic supporter Warren Buffett’s MH brands a “near monopoly.”

CongressAsksDOJInvestigateClaytonHomesCreditTwitterWikipediaMHProNews

U.S. Representatives Maxine Waters (D-CA), Keith Ellison (D-MN), Emanuel Cleaver (D-MO), Mike Capuano (D-MA). Image credit, Twitter, Wikipedia. http://www.mhpronews.com/blogs/daily-business-news/post-charlottesville-cfas-hunts-evidence-of-racism-steering-predatory-lending-against-buffetts-clayton-homes-vanderbilt-mortgage-and-21st-mortgage/

It was Tim Williams who made the statement below, one that thousands in manufactured housing would agree with.

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Notice. One can agree with 21st Mortgage CEO and prior MHI Chairman Tim Williams’ presentation, from which the slide above was taken with permission, while still questioning how it can be that Williams is intellectually at odds with Berkshire Hathaway Chairman, Warren Buffett. To see all of William’s informative slides, click the graphic above. http://www.MHProNews.com/industry-news/industry-in-focus/is-tim-williams-21st-mortgage-ceo-mhi-chair-at-odds-with-berkshire-hathaway-chairman-warren-buffett

But isn’t it ironic that his statement flies in the face of what Warren Buffett supported?

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Hillary Clinton, left, Warren Buffett, right. Credit – Boston Globe.  But Buffett’s stock has soared since the Trump victory, see the graphic and report, linked here. 

Namely, Hillary Clinton and Barack Obama, both of whom supported Dodd-Frank.  Where’s the logic?

Chains of habit are too light to be felt until they are too heavy to be broken.” – Warren Buffett.

What we learn from history is that people don’t learn from history.

– Warren Buffett,
Berkshire Hathaway (BH) Chairman, parent to Clayton Homes, Vanderbilt & 21st Mortgage, per GoodReads.

 

Is Buffett and MHI hoping small to mid-sized companies keep paying for MHI, so that Buffet’s brands benefit from MHI’s actions?

Are companies pressured into being MHI members, if they want to do business with Buffett’s brands?

 

The Solution?

The industry needs a post-production association, one that will replace the tongue-in-cheek “Monopolistic Housing Institute.” MHARR has long supported that call.

MHARR has long supported that position.

Isn’t it long overdue?  If not now, when the evidence is so clear, when?

BobCrawfordDickMooreHousingFrankRofleRVHorizonsMobileHomeUniversityTunicaShowManufacturedHousingIndustryMHProNews

 

Before another year of dues are sent by a company like your’s to MHI, isn’t it time for businesses to re-assess, and plan for a new national association platform?

Study Recommending New Manufactured Housing Association for Independent Retailers, Communities, Lenders, Others Released

Possible concepts are in the report linked above.

IfYoureWillingtoAbandonPrinciplesConveincesocialAcceptabilityNotPrinciplesCostumeJoeConchaTheHilInspirationlMHProNews874

http://www.mhpronews.com/blogs/INspiration/principles-social-acceptance-and-posturing/

Principles, Social Acceptance, and Posturing

As a trade publication, akin to Ayotte’s insight, the best that we or any professional can do is do the best with the facts when known. MHProNews’ understanding of Preserving Access and MHI have evolved through painful experience. It is thus proper to attempt to inform the industry of the facts, allegations and concerns as they are known and alleged.

Simplicity is supporting the kind of proven pro-business positions advocated by Kid Rock, and President Donald Trump.

KidRockSenateDailyBusinessNewsMHProNews

We can and would support a new national post-production association effort, that is pro-business, pro-consumer, and based upon sound ethical principles.

IWillLowerTaxesEliminateUnnecesaryRegulationUnleashAmercianEnergyPlacingAMericanBusienssandWorkersFirst-DOnalTrumpNationViewsMHProNews

President Trump and VP Mike Pence have both said they will be in the promise keeping business. MHProNews publicly supported Trump – while MHI, just days before the election – put two pro-Clinton speakers on their Chicago event stage.

We Provide, You Decide.” © ## (News, analysis, and commentary.)

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SoheylaKovachManufacturedHomeLivingNewsManufacturedHousingIndustryDailyBusinessNewsMHProNews-Submitted by Soheyla Kovach to the Daily Business News for MHProNews.com.
Soheyla is a managing member and co-founder of LifeStyle Factory Homes, LLC the parent company to MHProNews and MHLivingNews.