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Congress forces mortgage modifications

Posted Jan 12 2009, 09:54 AM by Minyanville
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The road to over-regulation has begun.

In an effort protect struggling homeowners, Senate Democrats are advocating new bankruptcy laws that allow judges to alter mortgage terms, known as a "cramdown," during a Chapter 13 bankruptcy filing. Lawmakers hope the new rules will prevent foreclosures, help borrowers in danger of losing their homes, and begin to stabilize the reeling housing market.

Despite good intentions, however, these efforts will raise the cost of borrowing for everyone, reduce the availability of mortgage credit and prolong the housing market's recovery.

According to the Wall Street Journal, the proposal's backers won a major victory when Citigroup (C), which has received $45 billion government capital since last fall, withdrew its opposition. Big mortgage lenders like Citi, Wells Fargo (WFC), JPMorgan (JPM), and Bank of America (BAC) have been resistant to the changes, since courts would gain the power to force losses on altered loans. But with the government snatching up pieces of the country's biggest banks, their ability to resist such regulation is diminishing.

Democrats now hope to include the bill in President-elect Obama's $800 billion economic stimulus package.

The proposed rule-change applies to Chapter 13 bankruptcy filings, which allow individuals to gradually repay debts as the work their way out of economic trouble. Under the current laws, judges are provided leeway to alter the terms and payment schedules of credit cards, auto loans and other consumer debt. First mortgages, however, are off limits. Even though courts can't wipe out home-loan debt or reduce interest rates, a homeowner doesn't necessarily lose his house in a Chapter 13 filing. As long as the borrower can keep making payments, the bank can't take the house.

Advocates of the bill believe relaxing cramdown restrictions will shelter homeowners who otherwise would lose their homes by effectively forcing loan modifications. And since the success of government-backed modifications programs have thus far been disappointing, bureaucrats are eager to press the issue.

Mortgage rates, when compared with other type of consumer debt, have historically been kept low because lenders are secured by a home: When the homeowner defaults, the bank gets the house. Miss too many car payments, on the other hand, and a bank is left looking for an asset that's far tougher to chase down. For as painful as foreclosure is for the borrower, this lender protection keeps mortgage money flowing to the rest of the economy.

The proposed rule change, which lawmakers also hope will encourage lenders to modify mortgages on their own before courts get a chance to hack up a loan's terms, greatly reduces a bank's financial incentive to giving out mortgages at low rates. If borrowers have the ability to file for bankruptcy and plead their case to a judge for lower payments, banks will be reticent to lend. If they do give out loans, they'll charge higher rates for the privilege.

As is typical of recent government-sponsored economic initiatives, lawmakers ignore long-term implications in favor of immediate good press. This over-aggressive consumer protection directly counteracts efforts by the Federal Reserve and Treasury Department to push down interest rates - and further illustrates bureaucrats' ineptitude at effectively managing an economy. As soon as they actually manage to get mortgage rates moving down, another wide-eyed economic simpleton tries to start them in the opposite direction.

But such are the pitfalls of a planned economy - and this, unfortunately, is just the beginning.

Top Stocks blogging partner Todd Harrison is founder & CEO of Minyanville.com. This post was written by Minyanville Contributor Andrew Jeffrey.

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Comments

 

Bankruptcy courts have had the power to modify terms of non  home loans ( rental property, commercial real estate) for years.  There has been  no significant difference in the mortgage rates charged  for these type morgages and home mortgages.  

Typical. What more can we expect than for the Dems in power in the House in Senant to perpetuate the same bad policies that got us all in this big mess, just to look good to their constituancies. These policies just reward and encourge  a lack of personal responsiblity and lblame EVERYTHING that goes wrong on the "greedy"  wealthy. Modus operandi for muck rakers such as Pelosi and Reed. Wise up people.

So we should leave these decisions to the financial institutions because they have been so successful in managing their debts in the past?  But the goverment is good enough to bail them out - just not regulate?

There has to be a middle ground - Yes, wise up people!

The problem is, when a "homeowner" (and i use that term loosly) does have trouble, the banks or lending insitution has little incentive to help. Some one (courts?) needs to step in and judge if the borower is genuine in his/her efforts. They need help without having to pay some lawyer more money they dont have to help.

len , they have to file bankrupy. to get help. what wallstreet company has done that? and the goverment has given them billions, and no one know s were that money even is.

so i dont think any american should have to file bankrupy to get help.why should they. wallstreet has stuck it r u our as. and potato head paulson has rape all americans from billions to his freinds.

so i say f-them on wallstreet.

and i hope all americans just file for the hell of it . watch them crap in their pants, because they should have modifie all loans 3 years ago. and they said no way..

david a belanger

veteran us army

for-america@hotmail.com

Banks received the money (taxpayer money!) to assist homeowners in re-doing their loans.  Most never did. Now they want to charge higher interest rates to help homeowners.  Yes, people have to take responsibility, but since the goernment DID send money to the banks to help, the banks have an obligation to assist.  And obviously none of our legislatures ever thought to track the money, just hand it out to the banks.  What a deal!  Nothing like a stong lobby!

DE

here is the truth about what to expect people, and i think he very very light

The U.S. recession will last seven full years, with gross domestic product falling a cumulative 25%, said Nouriel Roubini, chairman of RGE Monitor. Roubini was one of the first economists to predict the recession and the credit crunch stemming from the housing bubble. For 2009, Roubini predicts GDP will fall 23.5% with declines in every quarter of the year. The unemployment rate should peak at about 19% in early 2011, he said. Consumer prices will fall about 20% in 2009. Housing prices will probably overshoot, dropping 64% from the 2008 through mid-2010. "The U.S. economy cannot avoid a severe contraction that has already started and the policy response will have only a limited and delayed effect that will be felt for years to come he see at least 7 years of decline.

now read and weep americans, this is what the truth is, and it comming down fast.

here is the truth about what to expect people, and i think he very very light

The U.S. recession will last seven full years, with gross domestic product falling a cumulative 25%, said Nouriel Roubini, chairman of RGE Monitor. Roubini was one of the first economists to predict the recession and the credit crunch stemming from the housing bubble. For 2009, Roubini predicts GDP will fall 23.5% with declines in every quarter of the year. The unemployment rate should peak at about 19% in early 2011, he said. Consumer prices will fall about 20% in 2009. Housing prices will probably overshoot, dropping 64% from the 2008 through mid-2010. "The U.S. economy cannot avoid a severe contraction that has already started and the policy response will have only a limited and delayed effect that will be felt for years to come he see at least 7 years of decline.

Here we go, get ready for the whiners to let out their usual sob stories as congress belatedly moves to re-regulate certain bad-boy industries. The bankruptcy provision of which you write has previously been the prerogative only for those with second homes and for commercial entities. Now that we're going to get a little parity, the moaning and rending of clothes by the monied classes begins. What this dandy little provision will do is pop the bubble that has killed the mortgage loan industry; in one sweep, it changes mortgage debt to something resembling the value of the residence, thereby keeping a buyer in it making payments on an obligation with fixed terms at a market rate; it allows the mortgagee to keep the mortgage which now, miracle of miracles, is BANKABLE. And all done under the experienced and conservative eye of the bankruptcy court judges. The mortgage industry should be welcoming this with open arms for, instead of writing these babies off or trying to sell them to the federal government, they are being healed of their awful sins and restored to a portfolio that just might be worth something soon.  And the courts will do all their work for them. Wake up and take the medicine like grown-ups.

Chapter 12 - Agricultural bankruptcy has always allowed a cram down in principal by the BK Trustee subject to court approval. Big winners are the BK Trustee and the lawyers, big losers are usually the borrower due to the mandated sale of property by a specific date if bench marks of repayment are not made.

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