If everything seems under control, you're not going fast enough. - Mario Andretti
Obama has unveiled his housing plan. I mean, you know, in case you were wondering if he would let the market settle without blowing any more air into the bubble:
President Obama unveiled a $75 billion multi-pronged plan Wednesday that seeks to help up to 9 million borrowers suffering from falling home prices and unaffordable monthly payments.
To be paid for, with interest, by the children of the tens of millions of borrowers who can afford their payments.
While still voluntary, the program contains a mix of carrots and sticks for mortgage servicers and investors, both of whom have been seen as resistant to modifying loans. The program would not only give servicers $1,000 for each modification, but would give them another $1,000 a year for three years if the borrower stays current. It will also give $500 to servicers and $1,500 to mortgage holders if they modify at-risk loans before the borrower falls behind.
But the administration is also wielding a big stick. It will work with Congress to amend bankruptcy laws to allow judges to modify mortgages, a step community advocates say is badly needed but that the financial industry abhors.
And with good reason. As bad as loans written by stupid financial executives might be, loans written by stupid judges are likely to be even worse.
The plan would help borrowers who owe more than 80% of their home’s value to refinance and reduce their monthly payments. Lenders generally won’t refinance people who have less than 20% equity in their homes.
But only those who are current on their payments and whose loans are held or guaranteed by Fannie Mae and Freddie Mac are eligible. Also, the new mortgage, including refinancing costs, can’t exceed 105% of the current market value of the property, excluding many of the hardest hit. So if your mortgage is $210,000, your property can’t be worth less than $200,000.
This isn’t the worst idea in the world, but it does trample on all kinds of state laws—such as the ones we had in Texas that prevented a real estate bubble in the first place.
The heart of the plan is a $75 billion package to finance reductions in mortgage payments so that they get down to 31% of someone’s income. How this will be accomplished and what the effect of blowing a stack of government into the market? No one knows. It could be worse. Barney Frank wants mortgage payments down to 15%. At that point, why not just give everyone a free house?
This worries me though:
The Obama plan calls for legal changes to allow judges to modify mortgages during bankruptcy. Judges would be allowed to reduce the loan balance, a measure the financial industry fears because it would lower the value of the mortgage.
Of course they fear it. In addition to basically robbing the banks of loan principle, it is just a plain bad idea, as Zywicki argues:
Mortgage modification would indeed provide a windfall for some troubled homeowners—but its costs will be borne by aspiring future homeowners, and by any American who uses credit of any kind, from car loans to credit cards. The ripple effects could further roil America’s consumer credit markets.
...
Allowing mortgage modification in bankruptcy also could unleash a torrent of bankruptcies. To gain a sense of the potential size of the problem, consider that about 800,000 American families filed for bankruptcy in 2007. Rising unemployment and the weakening economy pushed the number near one million in 2008. But by recent count, some five million homeowners are currently delinquent on their mortgages and some 12 million to 15 million homeowners owe more on their mortgages than the home is worth. If even a fraction of those homeowners file for bankruptcy to reduce their interest rates or strip down their principal amounts to the value of their homes, we could see an unprecedented surge in filings, overwhelming the bankruptcy system.
...
More worrisome is the opportunity for abuse.
Imagine the following situation: A few years ago a borrower took out a $300,000 loan with nothing down to buy a new house. The house rises in value to $400,000, at which time he refinances or takes out a home-equity loan to buy a big-screen TV and expensive vacations. He still has no equity in the house.
The house subsequently falls in value to $250,000, at which point the borrower files for bankruptcy, the mortgage principal is written down, and the homeowner keeps all the goodies purchased with the home-equity loan. Several years from now, however, the house appreciates in value back to $300,000 or more—at which point the homeowner sells the house for a tidy profit.
It’s also—not that this ever stopped anyone—flagrantly unconstitutional. Article I, Section 10 of the Constitution forbids rewriting contracts. Of course, that clause was ripped up by SCOTUS in the 1930’s (thank you, FDR!).
Oh, and then there’s this:
The administration also plans to build on the Bush administration’s use of mortgage financiers Fannie Mae (FNM, Fortune 500) and Freddie Mac (FRE, Fortune 500), which were taken over by the federal government in September. The agencies buy loans and securities backed by mortgages from financial institutions, giving them more money to make new loans.
The plan calls for Treasury to strengthen the companies by injecting another $100 billion into each. And it will allow them to buy more mortgages by increasing the size of their portfolios to $900 billion, up from $850 billion.
And, the government will continue to keep prevailing mortgage rates low by buying mortgage-backed securities issued by the agencies. This effort expands a $500 billion purchase plan announced in November that prompted mortgage rates to fall nearly a percentage point.
Yes. We’re going to inject even more money into the two companies that were at the epicenter of the mess.
There is some stuff to like in this bill. And if the Republicans can pull their heads out of their asses, they might be able to get something workable out of this. But there’s a lot of dangerous destructive shit that positively reeks of Barney Frank and his delusional banking ideas.
The question is: at what point are the American people going to get fed up? At what point will we put our foot down and say, “No More!”? It’s clear that we can’t rely on anyone in Washington to do it.
Posted by
Hal_10000 on 02/18/09 at 11:28 AM (
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THIS is what we’ve been waiting for? Another bailout? I hope the R’s can get some of the crap out of this. Giving more money to fannie and freddie while not doing anything(at least, not yet) to regulate the splitting of these mortgage backed securities is stupid.
This is going to cost waaay more than 75B…