The Consumer Financial Protection Bureau filed a lawsuit against a mortgage lender owned by Warren Buffett’s Berkshire Hathaway. The watchdog alleges Vanderbilt Mortgage and Finance steered customers to buy manufactured homes they couldn’t afford.
Vanderbilt Mortgage and Finance is a subsidiary of Clayton Homes, the nation’s largest builder of manufactured homes. Clayton Homes is a subsidiary of Berkshire Hathaway.
“Vanderbilt knowingly traps people in risky loans in order to close the deal on selling a manufactured home,” CFPB Director Rohit Chopra said in a statement.
The lawsuit said underwriters “ignored clear and obvious red flags” that certain customers would not be able to repay their loans.
“The CFPB’s lawsuit is unfounded and untrue, and is the latest example of politically motivated, regulatory overreach,” Vanderbilt said in a statement to Straight Arrow News. “Vanderbilt Mortgage’s underwriting processes exceed the legal requirements for assessing a borrower’s ability to repay loans by considering both monthly debt-to-income ratio and residual income, while the law only requires the use of one or the other.”
“The core allegation is that Vanderbilt is using an estimate of other expenses that is too low,” said Howard Beales, formerly the director of the Federal Trade Commission’s Bureau of Consumer Protection. “Now, according to the complaint, they only use that estimate when the consumer says either they have no expenses, which is unlikely, or when Vanderbilt’s estimate is higher than what the consumer reported.”
In the lawsuit, the agency details troubled lending situations to make its case. In one instance, CFPB said Vanderbilt approved a loan to co-applicants with 33 debts in collection, insufficient assets to pay those debts and two young children. CFPB said Vanderbilt assumed unreasonably low monthly living expenses. The borrowers fell behind on payments eight months after getting their mortgage.
Vanderbilt claims CFPB looked at tens of thousands of loans and identified “less than 0.8 percent” that may have raised flags. CFPB did not detail a percentage in its lawsuit.
“I didn’t see anything in the complaint that would have led me to bring this case,” said Beales, who now serves as professor emeritus of Strategic Management and Public Policy at George Washington University. “Bad actors have much higher rates of bad loans than that. Default rates in the subprime mortgage crisis were 20% and 30%, 0.8% is nothing.”
Manufactured homes accounted for around 11% of new home builds in 2022, according to the Manufactured Housing Institute, a trade group in the space. The average household income for buyers was $35,000, while the average price of a manufactured home was just over $127,000, not accounting for the price of the lot it sits on.
“The population that’s interested in buying manufactured housing is likely to be lower income and higher risk than the population of people who buy stick-built houses, and that’s going to lead to higher interest rates simply because of the credit risk,” Beales said. “And in fact, the essence of the CFPB charge here seems to be these loans were too cheap. They should have charged more or not made them at all.”
Clayton Homes and Vanderbilt previously received negative attention for lending practices in 2015. A report from The Seattle Times found the company targeted minority customers and charged them higher interest rates than similarly qualified white borrowers.
At that time, Buffett said he wasn’t going to make any apologies for the manufactured home’s lending practices.
“Clayton follows a pattern that actually is exemplary and rather extraordinary,” Buffett said in 2015. “We have no interest in selling anybody a house and having the mortgage default because it is a net loss to us, is a net loss to the customer.”
In 2016, a group of Democratic lawmakers wrote a letter to then-Attorney General Loretta Lynch and then-CFPB Director Richard Cordray asking their respective agencies to investigate Clayton Homes’ lending practices.
In this current lawsuit, CFPB is asking the court to stop Vanderbilt from making allegedly bad loans and pay civil penalties.