AARP Hearing Center
Background
Homeownership is a crucial step to building wealth. Home equity is Americans’ largest asset. It is also often how families pass wealth on to their children, who continue to pass it on through the generations. Rates of homeownership increased during the 1990s and into the early 2000s. Since the housing market collapse that led to the Great Recession, the homeownership rate has been decreasing.
Rates of homeownership vary by race and ethnicity. Black and Hispanic/Latino families are more likely to rent and therefore are less likely to be able to take advantage of the financial benefits of homeownership. In 2024, the homeownership rate was 45 percent for Black families, 48 percent for Hispanic/Latino families, and 74 percent for white families. This so-called racial homeownership gap is greater today than it was prior to the passage of the Fair Housing Act when race-based housing discrimination was legal. The homeownership gap contributes to the overall racial wealth gap.
The widening of the homeownership gap is due to a variety of factors. They include longstanding discriminatory practices, the disproportionate impact of economic downturns on communities of color, and the impact of institutional investors on housing in communities of color.
Mortgages are essential to enabling most families to own a home. The amount of mortgage debt carried by homeowners age 50 and older has increased over the past three decades after adjusting for inflation. It more than doubled from an average of $72,549 in 1989 (in 2022 dollars) to $185,835 in 2022. More concerning is the increase in mortgage debt of homeowners age 75 and older. Their average mortgage debt almost tripled from $45,683 in 1989 (2022 dollars) to $131,371 in 2022. Almost 28 percent of families headed by someone age 75 or older now carry mortgage debt.
Carrying mortgage debt at older ages can harm long-term financial security. This is especially true for borrowers who can no longer afford their mortgage payments because their incomes decrease.
Home prices have recovered in most areas since the Great Recession. CoreLogic estimates that 1.7 percent or 960,000 homes with residential mortgages have negative equity as of second quarter 2024. This compares with the peak of 26 percent of loans with negative equity in the fourth quarter of 2009. Home prices continued to increase despite rising interest rates, with home values reaching record highs in July 2024.
Access to mortgage credit since the mortgage market crisis remains tight. Borrowers with low credit scores continue to have difficulty obtaining mortgage credit. According to the New York Fed Consumer Credit Panel/Equifax, Consumer Credit Panel/Equifax, the median credit score for new purchase mortgages increased from 721 in 2007 to 772 as of second quarter 2024. The government plays an important role in the mortgage market, with more than two-thirds of loans having some form of government guarantee. In the second quarter of 2024, Fannie Mae, Freddie Mac, the Federal Housing Administration, and the Department of Veterans Affairs accounted for 65 percent of first-lien mortgage origination volume.
Dodd-Frank Mortgage provisions: The Dodd-Frank Act (Dodd-Frank) included important mortgage provisions to protect consumers, the mortgage market, and the U.S. economy.
- Lenders must evaluate whether the consumer can reasonably repay the mortgage.
- Counseling is required for high-cost mortgages. Such mortgages include those with negative amortization and high points and fees.
- Prepayment penalties are limited.
- Incentives that steer borrowers into higher-cost loans than they qualify for are prohibited.
- The act also creates an incentive for lenders to refrain from making mortgage loans with onerous terms, negative amortization, surprise changes in required payments, or inadequate documentation. If they do so, they have to retain some risk in the loan.
Bankruptcy treatment of foreclosure: The bankruptcy code forbids any modification of a mortgage loan secured by a principal residence. However, loans on vacation homes, investment properties, and yachts may be modified (see also Bankruptcy).
Mortgage servicing: Mortgage servicers are companies that collect borrower payments and distribute them to lenders. They also handle customer service, loan modifications, collections, and foreclosure. The Consumer Financial Protection Bureau has identified several problems in the mortgage servicing industry in terms of conducting oversight. These include:
- failing to provide borrowers with the information needed to avoid foreclosure;
- starting the foreclosure process too early;
- mishandling escrow accounts, which are established to collect payments from borrowers for taxes and insurance; and
- providing incomplete account statements.
Shared-equity homeownership: Shared-equity homeownership is an alternative option to renting and traditional homeownership that can expand access for families with low and moderate incomes. Models include limited-equity cooperatives, community land trusts, and deed-restricted homeownership. Typically, a nonprofit or government entity provides a subsidy to lower the purchase price of a housing unit, making it affordable to a buyer with a low income. In return for the subsidy, the buyer agrees to sell the home to another family with a low income. This helps preserve affordability for subsequent homebuyers.
It is important to distinguish these models of sustainable homeownership from shared-equity or shared-appreciation loans. These alternative financial services products are risky, complex, and expensive (see also Alternative Financial Services). They lack core consumer protections, with some homeowners having lost over half their home equity upon repayment.
HOME MORTGAGE LENDING: Policy
HOME MORTGAGE LENDING: Policy
Expanded homeownership opportunities
Policymakers should expand access to homeownership opportunities to help families build wealth and lock in more affordable housing payments over the long term. These programs should target families with low and moderate incomes, particularly those from communities of color. This includes down payment assistance programs that target first-time, first-generation homeowners with low and moderate incomes. Downpayment assistance should be available at closing. It could include grants, low- or no-interest loans, or a combination of these.
Policymakers should consider creating loan programs for families with low and moderate incomes to encourage homeownership and wealth-building. These could include forgiving some mortgage debt at the end of the repayment period (see also Forgiven consumer debt).
Consumer protections in mortgage lending
Policymakers should create and rigorously enforce consumer protections in mortgage lending.
States should prohibit lenders, brokers, mortgage servicers, and all mortgage-related professionals from engaging in unfair, deceptive, or abusive practices in connection with mortgage transactions. This includes those who sell title insurance.
At a minimum, states should:
- license mortgage brokers and originators and require them to act in the best interest of the consumer,
- prohibit or limit high-cost lending without independent homeownership counseling,
- require real estate agents and lenders to disclose conflicts of interest, and
- enable attorneys general and state regulators to enforce the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act.
Home appraisals
Policymakers should establish and enforce home appraisal standards. They should also conduct oversight to ensure that homes are accurately and fairly appraised without discrimination. They should also:
- establish strong licensing and training standards for appraisers,
- make public appraisal data, and
- investigate and resolve appraisal complaints.
The appraisal industry should actively recruit and support a more diverse workforce.
Technology used in the appraisal process should be rigorously tested to identify and eliminate any discriminatory impacts (see also Artificial Intelligence).
Shared-equity homeownership
Policymakers should support the creation of permanent affordable homeownership options for people with low and moderate incomes. These programs should be equitably distributed throughout neighborhoods of all income levels. They should include shared-equity homeownership programs such as community land trusts, limited-equity cooperatives, and deed-restricted homeownership. Resale formulas should balance the desire to allow homeowners to receive some appreciation to build wealth with the need to keep resale prices low enough to ensure ongoing affordability.
It is important to note that shared-equity or shared-appreciation mortgages are different from shared-equity homeownership programs. These mortgages are risky alternative financial services products that lack important consumer protections (see also Alternative Financial Services).
Servicing
Policymakers should issue strong consumer protections against abusive loan servicing practices. This includes requiring servicers to credit payments promptly and prohibiting duplicative and unnecessary fees. Mortgage servicers should credit payments first to the loan itself and then to fees, insurance premiums, and other ancillary costs.
Foreclosure prevention
Policies should be in place to avoid unnecessary foreclosures.
Servicing policies and procedures should favor keeping people in their homes over foreclosure when possible. Servicers should have an affirmative duty to thoroughly evaluate borrowers for loss mitigation options—including principal reduction—prior to proceeding with a foreclosure. Servicers should:
- promptly offer loan modifications when they result in a greater net present value than foreclosure.
- refrain from initiating or advancing foreclosure proceedings while a good-faith modification evaluation or loss mitigation program application is in progress.
- provide borrowers with a single point of contact for all loss mitigation communications.
- not create a compensation structure that favors foreclosure over loss mitigation.
- be required to have a reasonable process for dealing with subordinate liens and should have a responsibility to act in the best interests of the first-lien holders regardless of any servicer interest in the property.
Modification of mortgage loans secured by a primary residence should be permitted in bankruptcy (see also the Bankruptcy).
Meaningful mortgage modifications for distressed mortgages owned or acquired by the federal government should be simplified. It should include a modification guideline. Eligibility should be transparent.
Regulators should develop policies and procedures for rapidly modifying mortgage contracts; managing rental conversion; and leasing, selling, or demolishing vacated homes. Future securitizations should be structured to allow timely decisions on requests for mortgage modifications and short sales.
States should also:
- create foreclosure mediation programs to help homeowners negotiate a possible alternative to foreclosure,
- establish minimum notice standards for foreclosures, and
- regulate the activities of foreclosure consultants and similar professions.
During declared emergencies, policymakers and the private sector should support measures to avoid foreclosures and keep homeowners in their homes until the emergency ends. These include:
- forbearance programs,
- moratoriums on evictions and foreclosures, and
- loss mitigation options for borrowers to become current.
Preemption
States should have the ability to provide consumers with greater consumer protections. Federal protections should serve as a minimum standard.