If Conrad Thought He Was Getting “Frequent Flyer’ Benefits That Means He Knew He Was Getting Benefit

Throughout the Countrywide mortgage scandal Kent Conrad has remained adamant that he never knew he was getting special treatment from his lender. Yesterday he was quoted in the Grand Forks Herald as saying:

“I did nothing unethical. Mr. Feinberg never told me he was waiving a 1-point (1 percent) fee” on the mortgage.

Back in June of last year Conrad said the following:

…I never asked for, expected or was aware of any preferential treatment in the course of my dealings with Countrywide.

Those statements are pretty clear denials. Conrad says he didn’t know he was getting special treatment. But now his position seems to have…evolved a bit. Today he’s quoted as saying that he thought the special treatment was equivalent to “frequent flyer” benefits.
But in order to think he was getting “frequent flyer” benefits he’d have to know he was getting benefits, no? And if he knew he was getting benefits, that means his earlier assertions about having no knowledge of any special treatment are lies, no?
It’s pretty clear that Conrad needs to drop the charade and come clean.

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  • http://SayAnythingBlog.com The_Whistler_ofnd

    The fact that he had to ask whether or not CW makes loans on those properties is indicative of how little he knows.

    Countrywide had a rule to only to loan money to units of 4 or less. The loan officer knew that rule, but had to ask the CEO of Countrywide if it was ok to do it for his “Friend.”

    Conrad has admitted he knew they waived that rule.

    When you have oversight it’s improper to ask for ANY special deal, period. End of Story.

    Conrad waived the budget rules in order to pass a bailout bill costing the taxpayers three hundred billion dollars.

    It stinks to high heaven.

  • http://SayAnythingBlog.com The_Whistler_ofnd

    It’s been reported as an 8-plex.

  • http://SayAnythingBlog.com The_Whistler_ofnd

    Conrad’s answered that much saying that he thought that waiving the 4 plex rule was no big deal.

  • Tony B

    I’ve done LOTS of loans that I didn’t charge 1% fees upon. Am I missing something here?

  • Eneils Bailey

    Conrad, like Doodd knows he got preferential treatment.
    I don’t know if it is illegal and charges will be presented. I doubt it since they are Democrats in Washington.
    It stinks to high heaven and the voters in those two states should act accordingly.

  • http://ndgoon.blogspot.com/ goon

    Conrad, like Doodd knows he got preferential treatment.
    I don’t know if it is illegal and charges will be presented. I doubt it since they are Democrats in Washington. It stinks to high heaven and the voters in those two states should act accordingly.

    I want a mortage deal like this. Conrad is lying and we need to keep this going until these two Senators pay. This is serious and unethical.

  • Tony B

    What rate did they get? How did it compare to rates at the time? What was the par rate? Was there any YSP paid by the mortgage company to cover the costs of doing the loan? NOT charging a 1% origination fee isn’t proof of some “too good to be true” deal. I’ve done HUNDREDS of loans where that fee wasn’t charged.

  • http://ndgoon.blogspot.com/ goon

    Tony B he got a very sweet deal that most of us will never get. It’s unethical.

  • Eneils Bailey

    Dodd looks like he is in serious trouble in the next Senatorial election in Connecticut. Looks like the people in his state know what is going on and he could pay a high price.
    Just hope the good people in North Dakota also have a problem tolerating crooks.

  • tom

    Come on people, he didn’t read his loan papers, he thought it was another senate bill. We all know they don’t read those.

  • Tony B

    Goon, I’m more than willing to believe that, but what are the specifics? Just not paying an origination fee wouldn’t be unethical. This happens ALL THE TIME for people who aren’t senators.

  • http://ndgoon.blogspot.com/ goon

    Dodd looks like he is in serious trouble in the next Senatorial election in Connecticut. Looks like the people in his state know what is going on and he could pay a high price.
    Just hope the good people in North Dakota also have a problem tolerating crooks.

    Nothing would be nicer than to see Dobb bounced from the senate, I am sure we would end up with some worthless RINO like Chris Shays, Olympia Show, Susan Collins, Arlen Spector or Lincoln Chaffe that is nothing more than a liberal republican that is pro-abortion, anti-gun and not very conservative.

  • badlands4

    Goon, I’m more than willing to believe that, but what are the specifics? Just not paying an origination fee wouldn’t be unethical. This happens ALL THE TIME for people who aren’t senators.

    But we don’t *know* if that is all kwim? His statements are all over the map….I didn’t get any pref treatment…I only had my origination fee waived….I thought it was just a frequent flyer discount…etc

    If he had one consistent statement, then I would believe him, even if it was a “I screwed up” moment. The fact that he has changed his story multiple times, makes everything he says suspicious.

  • http://www.bikebubba.blogspot.com/ Bike Bubba

    Tony, I would have to assume that waiving origination fees would have something to do with someone status, no? Otherwise why bother with having them in the first place?

    See what we’re getting at now? Yes, people besides politicians might have those fees waived, but you’ve got to have SOME reason for it. Right?

  • Tony B

    Bike Bubba,

    No, I’ve been a mortgage broker for 7 years and I’ve not charged HUNDREDS of people orginations or less than 1% and I’ve charged many more up to around 3%. It has nothing to do with their status, it has to do with how easily I think I can get the loan done, how much work it’s going to be, how much I think they want the loan and what RATE they are getting which affects how much I get paid in YSP.

    I’m not defending these Senators in the least. But I’d like to know what the specifics of the loans are before I can make an informed judgment of whether they got some benefit that others don’t.

  • Tony B

    On the “frequent flyer” comment, I’ve done more than 15 loans for one guy. I do so much business with him that he gets really good deals which is why I get so much business from him.

  • badlands4

    Yes, but again…it is the changing story. Pick one and stick with it. At least two of them contradict each other, so it brings forth suspicions about ANYTHING he says kwim?

  • http://www.FATBOY.cc/ CHRI$ DODD

    I am not a Birther.

    But I do wish the people behind http://www.DumpChrisDodd.com
    were NEVER BORN!!

    Waitress Sandwich (google it) anyone?

  • Lioncourt

    I don’t know anything about the case and am not making any assertions about Conrad’s truthfulness.

    But if the discounts he got were available to the public under the same conditions, than he would not have done anything wrong, and it would not be “special treatment.” I think this is the argument he is making.

  • billy

    The frequent flyer comparison is odd, too, because really, how many homes has Conrad owned? He’s been in that Capitol Hill building since he went to Washington (or soon after)in 1987. There’s the apartment building in Bismarck and the lovely vacation home in Delaware. And that’s it.

    Nothing frequent there.

  • http://www.bikebubba.blogspot.com/ Bike Bubba

    Tony, let’s walk through this. First of all, I’m glad to hear that in your case, status never interfered–however, given the politically driven nature of credit markets, i can’t assume this for everyone.

    What we have here is a very interesting confluence of factors; two guys on the committee that handles bank/lending regulations personally know the head of Countrywide (outside of Congressional testimony), and they get a special deal on products that the company usually doesn’t handle–at the same time that the committee was considering actions that could have adversely affected Countrywide. There is also a witness who claims they knew exactly what they were getting into.

    Now the witness isn’t a great one–he’s contradicting earlier testimony. However, at the very least, we ought to at least admit that Dodd and Conrad were guilty of very bad judgment if they never considered (while on that committee) why they might be getting such a good deal. (have they never heard of recusal?)

  • Tony B

    I fully admit that I’m coming into the discussion of this a little bit blind. I don’t know what the product was that Countrywide delivered. What kind of loan was it that they don’t normally do. Unless we know that, what rates they got (along with the rate sheets for the day they locked their rate), the yield spread or points that rate was paying then, we don’t KNOW if they got a special deal or what a great deal they got. Unless we know those factors it’s impossible to say that they even got a good deal much less a special one that isn’t available to the public.

    No one would like these jerks out of positions of power more than I and if it’s true they got a special deal then I’m with you they should be gone. But what I’m saying is I don’t know the facts and I can’t seem to find them anywhere.

    To make an analogy, let’s say they bought cars and got a really good deal on a car? How do you tell if it was effectively a bribe or not? Do they HAVE to pay blue book value? If that’s so (and I don’t know if it is or not) we don’t KNOW what the “blue book” on these loans are without the rate sheets from that day.

  • http://ndgoon.blogspot.com/ goon

    What we have here is a very interesting confluence of factors; two guys on the committee that handles bank/lending regulations personally know the head of Countrywide (outside of Congressional testimony), and they get a special deal on products that the company usually doesn’t handle–at the same time that the committee was considering actions that could have adversely affected Countrywide. There is also a witness who claims they knew exactly what they were getting into.

    The fact that they are on the committee and recieved special rates is unethical, if you scratch my back I will scratch yours.
    Of course Conrad thinks we are stupid and the media in ND will not question Conrad for fear of losing access to him plus they take his point of view is troubling.

  • Tony B

    The fact that they are on the committee and recieved special rates is unethical

    Goon, that’s exactly my question. DID they receive special rates. What kind of loans did they get? What RATES did they get? What was the par rate from Countrywide that day? Did they pay their own closing costs? The HUD-1 would help clarify that from the loans and the notes (which at least in MN are publicly available) would tell us the rate of interest. We could then look at CW’s rate sheets from that day to determine how good of a deal it was.

  • Tony B

    I looked at your blogs do you have the rates they received in a post? If you do could you post the permalink or email it to me at passablyaffable@aim.com?

  • http://www.bikebubba.blogspot.com/ Bike Bubba

    Tony, to answer whether they got special rates; do you exempt ALL people from origination fees?

    Of course not. Now whether it’s garden variety failure to recuse one’s self or criminal bribery, we don’t know, but we do know that Conrad and Dodd got a deal, and that they knew they got a deal, and that they knew they were on the committee that processes bank regulation bills.

    At the very least, they need to be removed from this committee.

  • Tony B

    Mortgage points, sometimes called loan origination fees, are upfront fees based on a percentage of the loan. Each point is equal to 1 percent of the loan. The higher the points the lower the interest rate.

    That isn’t the case. Paying points buys your rate lower. Origination fees are only tangentially related to the rate. They are two different things.

    http://www.newser.com/article/d99n34jg1/ap-impact-loan-official-says-dodd-conrad-were-told-they-were-getting-vip-home-loan-deals.html

  • Tony B

    Bike Bubba

    No, I don’t exempt everyone from origination fees. It depends on how much I’ll get paid in YSP, how difficult the loan is, how much I think they want the loan, and a variety of other factors. It’s all discretionary. I’ve done loans for friends of mine for zero.

    If I’m doing a $350,000 loan and making 3% in YSP, am I willing to forgo the 1% origination AND pay for their mortgage registration tax, title fees, etc… if it’s going to net me $7500 even AFTER paying those costs? Of course I am. It’s possible to charge NOTHING and even pay the borrower’s fees and still make a pile of money doing the loan. It’s not a special deal anymore than having the dealer “knock $1000 off the sticker price” is.

    If I can only make $500 on a loan, but I think it’s going to bring me a bunch more business, I’ll do that too.

    The point is, we need to know the specifics to make a judgment.

    I don’t want to get too far into the weeds on this but the way mortgage rates work, but each day there is a rate sheet. The higher the rate the more YSP is paid to the originator. The lower the rate the less until it gets to zero. That’s what’s called the “par rate.” As you go lower than the par rate you have to start paying the lender to get that rate. This is the opposite of YSP. This is what is called “paying points.”

    If we knew what rate they had and the rate sheets from the day the loan was locked with CW, then we could determine whether or not they got a good deal. Just not paying an origination fee tells me NOTHING about whether they got a good deal or not.

  • Tony B

    And I’m one who is predisposed to think they probably knew or should have known they got a sweetheart deal. I just want to know the facts to make that determination.

  • Tony B

    The bottom line I’m getting at is that if they got a rate LOWER than the par rate for that day and didn’t pay for it and CW at the costs while STILL not charging an origination fee to cover those costs then yes they acted unethically. But so far I haven’t been able to find that information. If anyone has it, then please let me know.

  • http://ndgoon.blogspot.com/ goon

    And I’m one who is predisposed to think they probably knew or should have known they got a sweetheart deal. I just want to know the facts to make that determination.

    What are you waiting for these two bozo’s to admit they made a mistake. That isn’t forth coming. The fact remains is they are getting a way with questionable ethical dealings and they benifitted from something based on their position of power. I think both should be kicked to the curb. In ND this won’t happen because the press are lap dogs of Conrad, Dorgan and Pomeroy.

  • jimmypop

    But in order to think he was getting “frequent flyer” benefits he’d have to know he was getting benefits, no? And if he knew he was getting benefits, that means his earlier assertions about having no knowledge of any special treatment are lies, no?

    didnt i post this in the other thread 10 hours ago? :P

  • Tony B

    Goon, but how do you know they benefitted in some way without knowing what rates they got and what the par rate was?

  • badlands4

    Goon, but how do you know they benefitted in some way without knowing what rates they got and what the par rate was?

    Ask yourself a different question. Why does he keep changing his story if he has done nothing wrong? I think we are on the fourth story, and one of the stories contradicts another of the stories.

    It is pretty simple to keep your story straight if you are telling the truth, but he can’t seem to pick one and stick with it.

    So, to *me* it makes me question his ENTIRE story.

    It isn’t what rates he got that is my focus, it is which story actually happened.

  • Bat One

    Your attempts to minimize this are a waste of time.

    Rob,

    I don’t think Tony is trying to minimize the seriousness of the Dodd/Conrad mortgage deals with Countrywide so much as he is trying to establish more conclusively that there was a definitive quid pro quo. I too have done plenty of deals over the years where I have waived the origination fee, or other fees, and Tony is correct that such a decision is discretionary. A long-term client with a sizable portfolio of rental properties is obviously going to warrant some sort of special consideration, which is really no different than a volume discount offered by nearly every manufacturer or wholesaler. This is particularly appropriate where the mortgage loans are “no closing cost” loans where a more substantial YSP is used to cover the third party costs, as is common with investment properties.

    There really is no way of knowing the extent of the Senators’ corruption here without access to the details of the loans, and a point of reference by which to make the comparisons. Copies of the HUD-1 Settlement Statements would go a long way toward clearing up the mystery. Which no doubt why the two Democrat Senators have not released them to the public. After all, if they have nothing to hide or to be ashamed of, why not release the HUD-1s and clear their names of any lingering doubt about their integrity?

    On the other hand, what’s missing from the discussion so far is one of the Democrats’ favorite weapons when they are attacking perceived GOP malfeasance… the so-called “appearance of impropriety.” And in that regard, Dodd and Conrad are both guilty as sin, and ought to be gone from any public policy making role on that basis alone. There are damn few Democrats, and fewer Democrat office holders, whose notion of ethics wouldn’t embarrass an alley cat. But even dolts like these two should be able to recognize, however dimly, that the Senator who successfully filibustered against the 2006 GSE reform bill, and the Chairman of the Senate Finance Committee have no business appearing to roll between the sheets with Countrywide’s CEO for the price of a few shaved points and fees.

  • Tony B

    Tony,

    You’re a broker. When you’re cutting people special deals, do you have to run them by the CEO first? Do you get to bend the rules and give out loans that are normally forbidden on commercial properties just because someone is extra special?

    If one of your clients asked you to make such a loan, would you call up the CEO and have him bend the rule?

    That’s what happened with Conrad. This was just some 1% throw-away fee that low-level brokers get to fiddle with to make customers feel extra special. Conrad was given special dispensations from the CEO of the company because he was a Senator.

    Your attempts to minimize this are a waste of time.

    Rob, I AM the CEO of my little biz, so of course I don’t have that happen. But I’m a loan officer as well. I KNOW what you’re getting at and the 1% origination fee isn’t just some throwaway thing. It’s not a “standard.” It’s sort of a starting point for negotiation for any loan. Doing away with the origination fee (depending on the rate) is NO DIFFERENT than a car dealer knocking $1000 off “the sticker price.” The RATE is what is important.

    And for anyone thinking of getting a mortgage out there. ASK YOUR BROKER what yield spread premium (YSP) he’s getting paid for the rate that he’s offered you. THAT IS WHERE THE MONEY IS MADE.

    Conrad was given special dispensations from the CEO of the company because he was a Senator.

    How do you KNOW that? I’m not apologizing for him. I want to know the FACTS!

  • Bat One

    Congress or the Justice Dept. could subpoena the HUD-1 whenever they want to. That still wouldn’t tell us the rate.

    Tony B,

    True… though they could just as easily subpoena the Note too. And, of course, if Dodd or Conrad honestly thought they had nothing to hide, they could always release the closing documents themselves. And the fact that they don’t, excuses notwithstanding, is telling in itself.

    There could be another way, however. It occurs to me that a simple FOI request could do the trick, given that BoA, which now owns Countrywide, has been the recipient of an enormous amount of government/taxpayer funds through TARP. If TARP funds make a company subject to other types of federal oversight and control, it’s not such a stretch to think that FOI might also apply. It would, in any event, certainly put more pressure on Conrad and Dodd to release the closing documents themselves.

  • Tony B

    Thank you BAT21 for making my point more eloquently than I did. Congress or the Justice Dept. could subpoena the HUD-1 whenever they want to. That still wouldn’t tell us the rate.

  • Tony B

    I don’t think that all bank records are publicly available through FOIA just because they received TARP funds. You’re absolutely right that the Senators NOT releasing the documents is pretty telling.

    The note, however, is probably available in the county in which the mortgage was filed. This would have the rate on it.

  • Tony B

    Rob

    No, that is the testimony (as reported by the AP) of that FEINBERG guy who thought that “paying points” was the same as an origination fee. There are FACTS… documentable facts that should be discovered. What RATE did they get? What were the costs of the loans?

    Those are facts. Testimony by someone who (even by AP reporting standards) doesn’t sound like he knows what he’s talking about (an 8 plex isn’t necessarily a commercial property). The fact that he had to ask whether or not CW makes loans on those properties is indicative of how little he knows.

  • Bat One

    Rob,

    A question: What size is the subject apartment property? Is it a single building or several, a duplex, a 4-plex? It makes a difference in determining the type of “deal” Conrad got from Mozillo.

  • http://SayAnythingBlog.com The_Whistler_ofnd
  • Bat One

    Actually, the property consists of a pair of 2-story, 8-plex buildings.

    This apartment is owned by GKC apartments. On his financial disclosure form he lists this as “Conrad Brother’s Partnership.” This property is assessed at $280,900. Since this building is a sixteen-plex the value of Kent Conrad’s official residence at $17,567.

    The point is that such a property would not fit Fannie/Freddie Conventional guidelines, which at the time limited non-residential property to a single 4-plex. The in turn means that the normal par rate for a loan on such a property would have been between 150 and 200 basis points higher than that of a single-family primary residence. If a regular conventional mortgage loan was at 6.0% at par, a loan on this property would have been somewhere between 7.5% and 8.0% at par, or higher depending on a number of other factors (comps, cash flow and cap ratio, occupancy rate, and LTV).

    Already, we can see that there is quite a bit of room for Mozillo to have given Conrad a “good deal” and quite a bit of wiggle room for Conrad to try to argue that he knew nothing was untoward.

    It would also be interesting to take a peek at the senator’s tax returns. Is the “Conrad Brothers Partnership” a legitimate, legal partnership, an “S” Corp, or an LLC? Are there other properties? How many owner/principals are involved? How is the income from the property reported? Is Conrad actually paying himself rent for his “official residence”? And is the rent on a par with the other units in the complex and with other such apartment properties in the area? Does the Senator sub-let his “residence” during his extended absences in Washington? Is the mortgage on the property escrowed for taxes and insurance?

    A lot of interesting questions once you start to look into this.

  • Tony B

    I’m not trying to muddy the water. If they waived the multi-dewelling requirement that it be no greater than 4 units, then that would be one of the specifics I’ve been asking for.

  • http://sayanythingblog.com robport

    I’m not trying to muddy the water. If they waived the multi-dewelling requirement that it be no greater than 4 units, then that would be one of the specifics I’ve been asking for.

    It’s been one of the specifics of this scandal for over a year now.

    Pay attention.

  • http://sayanythingblog.com robport

    Ok, Tony, so how about the internal email showing that Conrad got a special dispensation for Mozilo to get a loan on the commercial property too?

    Wanna muddy the waters about that too?

    You’re missing the point. It isn’t about what Conrad got. It’s about Conrad saying he didn’t know he got special treatment. He did, and Feinberg says he told Conrad he was getting it.

    That makes Conrad an unethical liar.

    That’s the problem.

  • http://sayanythingblog.com robport

    How do you KNOW that? I’m not apologizing for him. I want to know the FACTS!

    Because a) Robert Feinberg testified before Congress under oath saying that Conrad knew he was getting special treatment because he was a Senator and b) because there is an internal email that was quoted in the AP article where Feinberg emailed Mozilo to specifically ask if they could give the loan on his commercial property (the apartment building). Feinberg mentioned in the email that he told Conrad he was running it by the CEO.

    Those are the facts, Tony.

  • http://sayanythingblog.com robport

    didnt i post this in the other thread 10 hours ago?

    Yup, and it was such a good observation I thought it deserved its own post.

  • http://sayanythingblog.com robport

    Tony,

    You’re a broker. When you’re cutting people special deals, do you have to run them by the CEO first? Do you get to bend the rules and give out loans that are normally forbidden on commercial properties just because someone is extra special?

    If one of your clients asked you to make such a loan, would you call up the CEO and have him bend the rule?

    That’s what happened with Conrad. This was just some 1% throw-away fee that low-level brokers get to fiddle with to make customers feel extra special. Conrad was given special dispensations from the CEO of the company because he was a Senator.

    Your attempts to minimize this are a waste of time.

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