DMI Blog

Mark Winston Griffith

Battle Lines are drawn on bankruptcy bill for homeowners facing foreclosure

The mortgage industry is apoplectic over an attempt by Senate Democrats, led by Dick Durban of Illinois, to allow bankruptcy judges to modify mortgages. The Wall Street Journal has denounced it. Conservative bloggers are tripping over themselves to curse Durbin and the horse he rode in on. The President is threating to veto the bill if Congress passes it.

In other words, it's a great piece of proposed legislation.

One of the intents of Durbin's bill, and its House companion introduced by representative Miller, is to amend the notoriously ugly bankruptcy bill of 2005. Right now the terms of loans for vacation homes, rental properties and most other types of debt can be modified by federal bankruptcy judges, except for primary residences. This bill would extend the power of bankruptcy judges to help keep existing owners of primary residences (not future homeowners) from going into foreclosure.

In fact, the Center for Responsible Lending has estimated that over 600,000 foreclosures would be prevented if this proposed legislation became law. However, in a New York Times article, Stephen O'Connor, a lobbyist for the Mortgage Bankers Association threatened that lenders, in response to this "added risk", would likely "charge a higher interest rate, likely charge more points on the mortgage and likely demand higher down payments."

Bush is also objecting to a plan to provide monies for homeowner counseling programs.

So much for the Bush Administration and the mortgage industry claims that lenders wanted to help homeowners avoid foreclosure.

Mark Winston Griffith: Author Bio | Other Posts
Posted at 8:00 AM, Feb 28, 2008 in Economic Opportunity
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Comments

It is unfair to me as a homeowner to have the actual amount owed reduced ... also if the results would be increased interest for mortgages, it is a bad idea.

Posted by: Lorraine Marshall | April 25, 2008 01:00 PM

There are bigger issues at work than this, such as the Fed, and GSE's.

It's unfair to those of us who behaved responsibly to foot the bill for those who acted stupidly, didn't read the fine print or bother to educate themselves. Bailouts only enable the same behavior. Let em hang.

Posted by: Mikel Aucutt | July 16, 2008 09:18 PM

There are bigger issues at work than this, such as the Fed, and GSE's.

It's unfair to those of us who behaved responsibly to foot the bill for those who acted stupidly, didn't read the fine print or bother to educate themselves. Bailouts only enable the same behavior. Let em hang.

Posted by: Mikel Aucutt | July 16, 2008 09:19 PM

I'm opposed to "letting them hang" as posted by Mikel Aucutt. Every foreclosure hurts everyone in the community, not just the family losing their home. Every foreclosure brings down the property values of the homes in that neighborhood, and let's not forget about all the innocent children that are displaced in all of this. We all lose. This bill isn't asking the congress to put up any "bail out" money, nor does it require the tax payers to foot the bill. Maybe if Mikel and the others out there would take the time to educate themselves and read the fine print they would understand how it works and that it makes sense. To quote Elizabeth Warren, Professor of Law at Harvard "[Legislation like this amendment] would provide two huge benefits: It would put an estimated 500,000 families into long term, permanent mortgages that they could afford, and it would cost investors far less than a foreclosure. Best of all, it would force the write downs to be absorbed by the investors, not the taxpayers."

Posted by: Jbrio | December 9, 2008 08:04 PM

I agree that the housing crisis is the root of our economic crisis. However, Bankruptcy Reform is not the answer. The bill will make the crisis even worse.
Banks do mortgages based upon a planned rate of return; they also plan to be paid back the entire sum of monies loaned out. Their only risk is if the borrower defaults. The bank's recourse then is to file a foreclosure. With Bankruptcy Reform, Banks no longer can count on their rate of return nor can they count on ever being paid back the entire sum that they loaned out. Their is a risk that the borrwer could file a bankruptcy and have the debt and rate reduced. This is too much uncertainity. Right now it is very difficult to get mortgage financing on a house. This lack of financing is causing the housing crisis to get worse. Bankruptcy Reform will make lending even less available. If less finacing is available, prices of homes will fall further.

The Congressional lawmakers are also not considering the secondary mortgage back security market. All loans are sold on the secondary market as investments. Bankruptcy Reform will cause great uncertainty as to the rate of return on these investments. There will no longer be a market for these mortgage back securities such as Fannie maes.

Bankrupty Reform will also cause more foreclosures. People will be running to the courthouse to file a bankruptcy to get their mortgage reduced. How will this impact our banks? The advocates for this bill state that it will cost the taxpayers nothing. However, when a bank fails, does the bailout cost the taxpayers money?

Posted by: Diane Gordon | January 6, 2009 10:32 PM

Personally, I think this bill is a great idea and has been a long-time in comming.

We all suffer from Foreclosures, I am disgusted with the way the banks are treating distressed homeowners with regard to the same sub-prime lending practices they're using the bailout money, taxpayer money, to do these modifications. Half-of which are back in default. These folks don't need bandaids, they need solutions, we're giving them money for solutions, right? Let's face it, we're in a recession. The best answer for all parties in this real estate market is for the banks to look at the collateral, look at the homeowner's ability to repay, and put together a long-term plan that is most equitable for both parties. Rather than doing something like that, they're offering more Adjustable Rate Mortgages to simply stretch-out the payments until they forsee they can foreclose on the houses, which was probably their end-game plan with these loans all along.

The way I see it, we're still a Capitalist Society, the Banks made their beds, now they can lay in them. Don't give them any more taxpayer money so they can buy-up other banks and further profit from their own misconduct.

Give the Judges the power to do what is necessary and what the Banks are unwilling to do. Then we'll see some real results and some real progress in the right direction.

Posted by: Bradley Schaffner | January 15, 2009 01:35 PM


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