loan modification paperFour senators are putting their muscle behind a new housing bill intended to prohibit lenders operating in the U.S. from foreclosing on home owners without first having discussed reasonable modification options with the borrowers. 

The bill, called the Preserving Homes and Communities Act is being sponsored by Rhode Island Senator Jack Reed, Illinois Senator Dick Durbin, Jeff Merkley of Oregon and Sheldon Whitehouse of Rhode Island.   

Under this bill, lenders will be forced to the negotiating table under the threat of stiff fines and other legal penalties.   

All lenders will be required to perform what the bill terms as a "net present value" test for all seriously delinquent borrowers.  The test would be a financial analysis weighing the benefits of a modification of loan terms against the benefits of foreclosure. 

For borrowers who do not fit into this program, the bill would create a multi-billion national fund for states to make loans or grants in order to prevent foreclosures. 

The senators' rationale behind the creation of this bill is that they are frustrated with the slow pace of current loan modification programs and feel that they are not keeping up with the record numbers of foreclosures this year. 

"Voluntary efforts to keep families in their homes have failed," said Durbin. "This bill will force lenders to modify qualified mortgages rather than letting them move quickly to foreclosure, which destroys households and neighborhoods." 

The act will also set up a mortgage payment assistance program to provide money to state housing agencies to assist people who have lost income and face the prospect of foreclosure. 

The most significant aspect of this bill would be to create "mandatory mediation" requirements forcing lenders to allow some mediation efforts between them and their borrowers before being able to file foreclosures against home owners. 

This proposal will, no doubt, be met with opposition by banking and mortgage lending groups.  It is, however, currently favored to be supported in the House. 

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173 Comments on New Housing Bill Will Force Loan Modification

OCT
06
4 Featured Posts

Interesting...Merkley is my Senator, and someone whom I have known the majority of my life.  Thank you for this tidbit of information...should be great to watch what happens. 

7:10pm • #1
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Sarah:

Yes, it is an interesting proposal to force bankers into this position.

7:15pm • #2
1 Featured Post

Hope it passes quickly! My heart breaks everytime I  hear a client crying that they don't know what to do after months of no answers from the bank and then sorry you don't qualify or yes her is your mod, your payment is going up. 

 

11:04pm • #3

Thanks for the post. Very informative information. I believe that there should be some rules for bankers after all.

11:09pm • #4
404,778 Points 3 Featured Posts Outside Blog

This would be a great option Claudette... Currently Freddie Mac in actually offering Loan Mods form many home owners across the board.

11:55pm • #5
OCT
07
185,638 Points 15 Featured Posts Localism Sponsor Outside Blog

This is so hard on so many GOOD PEOPLE.  People who paid their bills and did the right thing.  We don't have that much in short sales and foreclosures, but job losses are making it tough for people to stay on top of payments.  The trouble: the lenders don't want to come to the table - they just seem to want to foreclose.

After all the money we threw at the banks, they owe the taxpayers of this nation one heck of a lot more.

12:00am • #6
Outside Blog

Great Info.
I Hope it will pass quickly and help to save a lot of homeowners who lost their jobs.

12:53am • #7
171,225 Points 5 Featured Posts Outside Blog Hit Router

Thanks for the news flash Claudette!  It's an interesting bill.  Wonder why it wasn't thought about some time ago?  Better late than . . .

1:24am • #8
Outside Blog

Thanks Claudette! I hope this passes.  I know exactly one person who got a loan modification passed.  All others got rejected.  I agree with Ruthmarie - the money we gave to the banks should include loan mod's.

Best,

Diane

2:59am • #9
386,358 Points 5 Featured Posts Outside Blog

This bill will surely encounter obstacles along the way. after all THE PEOPLE do not have lobbyist working in Congress for their best interests.. .the bank institutions do.

5:37am • #10
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Kelly:

It is a huge problem that the banks are just simply non-responsive. It seems unfair to people who are trying to work things out that they can't get a timely answer.

Reshawna:

I agree. There should be something that regulates the banks in this issue.

Roland:

It will be interesting to see what happens with this.

 

6:49am • #11
351,120 Points 4 Featured Posts

ToulaRosebrock,com

Hi Claudette:

Congrats on the feature.

Very interesting...

We all need to watch and see how this one plays out.

6:55am • #12
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Ruthmarie:

You are right about that and you would think that the banks would try anything before foreclosing since they are already dealing with so many foreclosure properties on their books.

Megan:

It sounds as though these senators are determined to make it happen quickly.

Carla:

They have had other programs but nothing quite forcing the bankers hands like this. It will be interesting to see if it passes.

 

6:57am • #13
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Diane:

That experience really says it all.  Too many people are being rejected.

Fernando:

You are right about the lobbyists.  We'll have to see if Congress has the heart to pass this regardless of the pressure from the banks.

 

7:02am • #14
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Toula:

Feature?  I was totally unaware of that.  Thanks for telling me!

And, thanks so much for your comment.

 

7:04am • #15

I am very suspicious when politicians think they have the solution to the housing mess.  Most of the time they have no idea what they are doing and actually make matters worse.  See my blog on the wisdom of Groucho Marx. http://activerain.com/blogsview/1271699/groucho-marx-was-right.  In New York there already is a program similar to this in place.  When a foreclosure action is started, there is a mandatory conference scheduled in court to see if an arrangement can be worked out.  The home owner is put on notice to attend this conference as a means of stopping the foreclosure.  Has this worked?  Of course not.  Most times the home owner does not show up. It has not stopped the pace of foreclosures.  Most loan modifications have failed because even uder the new payment plan, the borrower defaults once again.  Obviously continuing foreclosures is a problem and should be discouraged.  I have yet to see a credible and effective government solution.

8:20am • #16

I think the "forced: Lona modification may be a good thing.  I work for a company that reaches out to home owners in financial trouble.  The bank asks that I approach the home owner in person to call into the bank and see if their is a solution to the borrower being behind in their loan.  Usually, the bank says they can't help them since they are behind and they will be forced to refinance-which the homeowner cannot do due to being behind on their home loan. or foreclose.  I think this bill will help some of the people keep their home instead of forcing the homeowner out of their home.  If we continue with foreclosures, we are going to end up with a lot of inventory and no buyers since we are in the highest unemployment rate right now in 20-30 years.  I am not saying every person deserves a loan modification but definitely a look at why they are in a hardship and if they can get a loan modification then the homeowner should get it.

8:28am • #17

I sure hope this bill passes soon. I have several clients who are waiting for a loan modification for as long as 6-8 months now, and they still have no answer...

Hermann Schloemer
8:30am • #18
1 Featured Post

OK, Ill play the devils advocate on this. What does the person who pays their bills on time get out of this?  I am all for keeping people in their homes and nothing is worse than a family being uprouted, but what is the benefit for paying your bills on time in this day and age???

 

8:33am • #19

I think the key work is "reasonable" loan modifications. I lost my home after trying to negotiate a loan modification. Being in the real estate industry, when the bubble burst, so did our income. To avoid foreclosure we asked Chase to modify our loan, I did not ask for a loan reduction, although many were, I only asked for the arrears to be placed at the end of the loan, as after the first 6 months we were getting back on track for some income. Their modification solution was to require a $9,000+/- deposit, plus raise my payment to over $6000 a month. (It was hard enough to be making the $3,000 one) Needless to say, it went to foreclosure. I wasn't asking for much, just  for the arrears to be put at the end of the loan, let me start fresh so I could be "on time" now. They had no reason to work with me they had all the bail out billions from the government, so the heck with me. Someone needs to be watching over the "so-called" proposed modifications. I have all my paperwork, and feel my case should go to someone to show what these banks are doing. They are being bailed out, so where is the money going? It certaninly is NOT to assist the homeowners. Any suggestions as to who my case should go to? I just want to people in charge to know whats NOT being done. Too late for me, but what about others I hear about in the same situstion?  

8:36am • #20
Outside Blog

I look forward to seeing what happens with this bill.  I wonder if the lenders will still continue to move at a snails pace or if it will force them to respond to homeowners in a more timely manner. The only client I know of who "successfully" made it through the Loan Modification Process was offered a package including a higher monthly payment.  Now... how does that help the homeowner???

 

8:37am • #21

I've seen times when the bank won't take a partial payment when the party falls behind, they want full payment and will not take anything less.

 Then there's the ARM's out there that I feel could & should have been explained in dollars and cents or did the borrowers just lack sence themselfs. In that case they are usually they are self distructing and can't be helped.

8:38am • #22
Outside Blog

Coming from a banking background and seeing the record profits (regardless of what you hear in the media), it's always been difficult for me to see banks decline any real help for those who have lost their jobs or had disaster in their lives that have caused delinquent mortgage.  Not only have those consumer lost their jobs, their pride, their way of living, but they've lost their good credit standing.

What's in it for those who pay their bills on time?  Good credit...which is priceless.

I'm glad to see that banks will be forced to help those truly in need--it's unfortunate that we would have to have government interference, but I don't see banks 'doing the right thing' when it comes to distressed homeowners.

8:40am • #23
177,453 Points Outside Blog Hit Router

Some of the courts in Florida are already making the banks show up and try to work out a deal before foreclosure! IT'S A GREAT IDEA!

8:43am • #25

The Hope for Homeowner's "carrot" (i.e financial incentives for banks to modify) didn't work... perhaps the the "stick" will?  It will be interesting to watch.

Shanna Wroten-Tucker
8:45am • #26

Thanks for posting this--I didn't know anything about it.  I am anxious to follow this through--it seems to be a step in the right direction...

8:45am • #27

I don't understand Agents to who support this bill. What this means, is that mortgages will now be harder to get, for no lender in their right mind will give their loans without scrutinizing the purchase even more diligently than before.

It's interesting how things workout.  When it comes to healthcare, insurance industry is the problem, when it comes to Real Estate, it's the BANKS who are the problem.

Yes, Mr. Lender, please get my loan payment down, as I can no longer afford my house payment.  That new jet ski, riding lawnmover, big screen tv, and a small boat need my payments too.


Work with me you evil bank

Private
8:48am • #28

Paul Warkow is right -

Our government got us into this mess by telling lenders what to do. Now we are going to make more rules and cut the investors out of the picture - just like we did with Chrysler and GM. Very foolish move. Most of you forget - the bank is often lending someone else's money.

A bank is not a big shiny building with tons of money in it. My pension fund invested millions in mortgages. Yes we lobby because there are many elderly retirees who may lose their health care because of this mess. Are you saying we should just walk away from our investment?

Our gov't has nationalized the mortgage business, banks, automobile manufacturing, student loans, and soon to be health care.  All of these businesses are doing awesome aren't they?

Doing a loan mod for an unemployed person? I feel bad for them but what is the point? They do not have enough income to make a payment. Some of these posts do not make sense.

Look at how the banks were threatened into making bad loans by the same economic morons that are trying to change the rules yet again. One post says we need some rules for bankers. Read the ones we have - they will make your head spin.

Where is the stimulus money that was supposed to put people back to work on "shovel ready" projects. THERE ARE NONE. This money will be held back until just before the next election to buy votes. We need the stimulus now.

The banks are easy to blame - especially if you rely on the MSM. Are any of you aware of ACORN's role in this? Just before the total crash - the only mortgage money you could get in certain areas was administered thru ACORN because they extorted money from BofA.

Reality is the political class that runs Fannie/Freddie and regulates the banking system destroyed our economy for their own greed. They are corrupt and need to be removed - not given more power!

I am not a banker - I have helped people in foreclosure for over 5 years now. No offense - but many of you need to wake up and see where our problems start - and they start in corrupt D.C.

 Phil Hanner

 

8:50am • #29
3 Featured Posts

Thanks for this post, Claudette.

It's interesting to see that two of the four sponsors are my Senators from here in Rhode Island, a state where a substantial proportion of the foreclosures that have taken place would have met the "net present value" test described in the legislation. Those homes would have been worth much more as performing modified loans than the $50-100k they are bringing at foreclosure. I'm worried that the good ship Opportunity has already sailed for many of thos loans in this state, though.

Dan

8:57am • #30
Outside Blog

There are already programs similar to this in place at the State level. CT, my state, is just one of the states that has mandatory foreclosure mediation as long as the borrower agrees to participate and there is a test of 4 requirements, including that the property is an owner occupied primary residence. The banks respond to the modifications faster than when the borrower contacts the bank directly and is a marginal improvement over the system. I don't know of any studies of how well it is working and my guess would be that it is too early to tell. The homeowners I have spoken with who participated in the program were suffering an actual hardship such as from job loss, illnesses, work accidents causing disability and other real issues. They were not owners of new jet skis or big screen TV's. I'm sure there are people who are abusing the system, but it my experience it is not the majority.

9:00am • #31

Can they put something in there for short sales too? I am not big for government intervention but, there needs to be a way for people to deal with banks on a "timely manner". To watch short sales take 2-6 months is ridiculous. Either take the deal, negotiate or say no. Every other seller on the planet can manage that, why should banks be any different. As for loan mods, foreclosure would be the last thing I would want as a banker. Empty homes can have all sorts of things go wrong that cost them more value every day.

 

Joel Friday

9:02am • #32

I hope this passes, but I just hope that the borrowers are truly offered a loan modification that would benefit them.  I hope that the banks won't just say they tried a loan modification like the so many that I have heard of lately...just a couple of examples... bank says we will spread the 3 payments that you are behind on, over the next 6 months, so your payment for the next 6 months is going to go up by X amount.  If the borrower couldn't pay the lower payment in the last 3 months because of job loss or decreased income, etc...why do they think that the borrower would be able to make a higher payment???  Also have seen the following (in writing, I can attest to these) your payment will be lowered by X amount for the next 5 months and on the 6th month you will make your payment plus the difference that you did not pay over the past 5 months... WHAT???? It is so frustrating to see this, someone needs to step in and talk some sense into these loan modification people.  I guess they are basing their modification on "hopes that your income and financial situation will get better".  How is that any different from getting a mortgage based on... I have a job that pays me $10/hr now but can you lend me money based on that I hope to have a job that pays me $20/hr in the next 6 months??? 

Mari Aguirrebarrena
9:03am • #33

There are some owners who really don't want their houses. They are welcoming foreclosure as a way out. They have been told for years that the "American Dream" is to own you own home. Some people did not foresee the financial and time commitments home ownership brings beyond loan payments. No one ever told these folks there would be taxes, insurance and constant maintenance. It is fairly easy to recognize which ones were owned by folks who really didn't want them when you tour REO properties.  

9:04am • #34

Wow! Hard to believe that this kind of legislation is being proposed.  Contract law would become meaningless.

9:12am • #35

Thanks for the information.  Please keep us posted on what develops.  Sounds like it could be very interesting and a big change with short sales and foreclosures.

9:13am • #36
239,922 Points 28 Featured Posts Outside Blog

Great conversation here. I'm just hear to read the great insights (and non-insights, haha).

9:15am • #37

It's a shame the loan modification doesn't help the small business men.  You know the ones I'm referring to..... they went to the bank to borrow to build a business on a 5 yr loan with a balloon.  When the economy tanked last year they saw their profits go down and now can't get approved to refinance that balloon.  Seems like our congress men & women should be focusing on helping the backbone of our economy "the small business men & women".  Small town banks are going under left and right the BIG Government Spending didn't help the small guys.....

What is going to happen to the economy when all the small businesses go under and all the small local banks go under and all we have left is BOA and Wells Fargo?????  I think they should do loan mods for these balloon loans too!  Make the banks change to a 30 year fixed rate. 

Jennifer Chambers
9:15am • #38
266,241 Points 8 Featured Posts Localism Sponsor Outside Blog

What continues to astound me is the sense of entitlement the American People have.  How would anyone here feel if they loaned me $100 and then I only offered to pay back $35.  Not very happy.  Now multiply that by hundreds of thousands to get a mortgage and then multiply if by the millions for the defaults that are taking place.  To be honest, I don't think the government or banks should be bailing everyone out.  Lets clean out the industry and start over.  As far as those losing their homes - let them start over as well and not have a foreclosure / short sale mess with their credit score.  If they can qualify under current guidelines, then let them buy another home.  Let's just clean house and get it over with.

9:18am • #39

Great, another huge slush fund for Washington to mis-manage. How about we let the lending industry find some footing instead of changing the lending rules every 90 days. Has everyone forgotten that one of the large contributing factors that led to the current situation was well-intentioned but horribly implemented legislation in regards to lending?

Seriously, one of the largest motivating factors in life is fear. I have heard the same horror stories, but I have also heard the stories from alot of people who really can afford their current situation but have just decided they no longer want to because they either overpaid for their house, or they cannot get it to appraise for current mortgage value due to a HELOC or some other refi scenario. Somehow it has become okay to decide that the bank should have to eat the loss since they "took the risk"?

Each and every week I get people in my office who want me to help them "get one of those government mods" because they are either going to get the mod or walk away from a house they could stay in with alittle belt tightening. They agreed to pay a certain price for a certain home. Now they have buyers remorse and want everyone else to pay for it.

Sorry, I work my regular job, a second job a side job and sell things on Ebay and Craigslist. I don't like having to work that much, but in Michigan right now things are all about survival. When I suggest getting a second job to help offset costs, most clients act as though I just asked them to cut off an arm. Sorry, but the fund created by this bill will either come from tax dollars or higher costs associtaed with banking. I am already working too much, I can't afford to work anymore!

I drive used cars, I shop at discount stores, I eat what is on sale, I make coffee at home..etc. I am not saying everyone has to do it, but I am not doing to pay for someone elses poor choices. There are already programs to help those in a bad financial situation, but some of them are overloaded by people who just don't want to pay for what they agreed to pay for. Just my two cents.

Live frugally, that has always been the best defense against market flucuations.

 

Jason Gault
9:20am • #40
221,148 Points

I can see why the banks would not want to do this.  They would have to hire more peopls to negotiate these mods and then lose money too.  It is not a win-win for them.  It would be a lose-lose for the banks.

There already is a law that says anyone going into foreclosure (since July 09 I think) has to be offered loan modification and prove it to the court system before the foreclosure can be processed. How is this different?

9:20am • #41

I think this needs exploring. There are so many frustrating situations, they are not stepping up to the plate with the laws already in place. I know that home owners applying for loan modifications are going through the same situation as we are with short sales. They are told by the bank, they got the package. 2 days later, it magically disappears and you resent. If you listen to bank and not call back for 3-4 weeks it may too late before you find this out. IT IS A SAD SITUATION! And then it repeats again. And this is after a signed Fedex package goes to them and a fax with confirmation to be sure they receive it. We have 14 fax numbers for one bank. Do they keep strategically moving their departments and contact numbers to stop the processes. In some cases I do think so and this should be absolutely addressed in some manner.

9:25am • #42

Where is the justice for the thousands who all ready lost homes or had to short sale for lack of help at the time. If they pass the bill now, it is like a get out of jail free card. What  about everyone else ..all ready ran throught the ringer left with no money, house, credit or job? I guess "oh well..."

Tracey Bartoletta
9:28am • #43
133,924 Points 9 Featured Posts Localism Sponsor Outside Blog Hit Router

Everyone:

Thank you for your comments.  This has generated an interesting discussion.

I don't think what they are proposing is to "bail everyone out."  It seems that they want force the banks to discuss reasonable loan modifications before foreclosing. I think this is intended to address home owners who have asked for loan modifications but they are just having their requests ignored. 

 

9:29am • #44

I think the bail-out $ we provided to the banks are allowing them to play this game they seem to be enjoying. I've seen these banks do some STUPID moves that cost them thousands after the property makes it to foreclosure and finally sells for alot less than they had been offered in a short sale.

The 80/20 loans are to thank for this and dealing with both banks make it hard to meet a time frame. The second bank charged higher rates and rolled the dice, now they are hating the craps that keep showing up saying YOU LOSE AGAIN !!!

I told one second mortgage personal that called on a two month waiting patiently response, if I'm in second place I would take what ever is offered as fast as I could get it. The longer you wait the more you lose in the end.

9:30am • #45

It appears that the growing fascism in the United States knows no bounds. In the past 12 months, the US government has seized the controlling / majority interest in numerous banks, Wall Street firms, the world's largest insurance firm (AIG), and 2 car companies. The US government has dictated who will work for what firm (whether or not owned by the government), how much people will earn (whether or not their firm is owned by the government), and seeks to further undermine the formerly free enterprise system (a/k/a capitalizm) by creating its own "heathcare" service.

If this trend continues, there will be no incentive for private enterprise to put its money at risk, since the government is able and willing to change the rules of the investment or contract (in the case of mortgage loans) in the middle of the game, so to speak.

And, if there is no incentive to provide capital on the part of private investors, and there will be no capital to invest on the part of government, since governments only get money through taxation, there will be no capital available for investment.

For those of you who are interested in having a career selling real estate in the future, you'd better become aware of basic economics; no capital, no purchasing because there will be no financing.

Also, keep in mind, that the sole roles of the US federal government are to preserve and protect the Constitution of the United States, and to defend the country against foreign and domestic enemies. There is nothing in the US Constitution that allows the federal government to do what it has done, nor what it proposes to do in the bill you mention, nor in other similar acts it proposes.

Those among us (US citizens) who do not have the ability to live up to our financial obligations must suffer the consequences of their actions, inactions and/or inabilities. This is the foundation of a free, capitalist society. For a government to seize failing companies, to interfere with existing business contracts, and to impose its will upon any private parties to such agreements is unconstitutional and is, in fact, fascism.

And, for those Darwinians among us, remember; Darwin's theory of evolution is that the weak die off so that the strong can survive. Under the control of the US government where the weak are not allowed to fail (to "die") allows the weak to contaminate the gene pool, leaving all of us in a substantially weakened state.

My suggestion, is for NAR and every licensed real estate agent who wishes to continue in business, to contact their US Senator and implore them to soundly reject this, and any other bill that proposes to require lenders to change the terms of their legal, and freely negotiated contracts in order to preserve private investment.

9:32am • #46
I appreciate your post, as well as any efforts toward resolution of the loan mod/foreclosure/short sale circus. I am not blaming any one entity-everyone should accept their part in this, take a deep breath, and approach this catastrophe with diligence toward solutions and patience. Blame is time wasted. I am a Realtor, also personally affected by this having lost our home after Loan Mod attempts, working with a reduction of income. With a personal tragedy along side this-rather than jumping off a cliff, I am starting over, realizing what the most important things in life are (and they are not things). I am hopeful that we are collectively moving in the right direction, being vigilant, frugal, applying the "serenity" prayer to this situation.
pam adkisson
9:33am • #47

I am not here to act as an advocate for the lenders, but what about the investment which companies made and contracts which the borrowers signed in agreement to get a product.  Do the investors not have the right to the terms of the contract?  Why should they be forced by the government to change the terms of a contract?  Do some research on the sponsors of this bill, very liberal thinkers, most.

9:41am • #48

The mandatory mediation for loan modification is a great idea.  Where it loses out, in my opinion, is the creation of yet another fund to bail out.  Each dollar used to bail out costs the taxpayer $2-3.  We should be using funds to help create jobs so that people can then afford to pay their mortgages, rather than put a band-aid on a bleeding wound.

 

9:41am • #49

The argument can be made that such legislation is tantamount to financial socialism as the government would interpose itself between the parties to a bilateral contract. Such objections would be worth hearing if cause for intervention did not exist. The problem is, cause does exist. Fraud, or inducement to fraud, renders a bilateral contract voidable; meaning, the defrauded party is no longer bound by the terms of the contract. If the defrauded party received some benefit from the contract, then that benefit must be restored or repaid, hence the basis for mortgage modification. Most always this process involves court proceedings as the defrauded party has filed a legal complaint. To expect a party who engaged in less than ethical dealing to voluntarily come clean, admit fault, and recast the terms of the contract in an equitable manner does strain the credulity to the breaking point. We have given the mortgage industry the benefit of the doubt and there is no doubt that they have benefited to our loss. The proposed legislation says, "We asked you to behave and we tried to be good Americans about this but you wouldn't have it and treated us as the chumps you lent the money to; now the gloves are off, you will do what's right by the mortgagor who trusted you to do the right thing with their money and their future." I have two years worth of research into this subject. I am ashamed to be regarded as a member of America's financial establishment as a real estate appraiser. God only knows what they did with the appraisals I performed for them. Steven Davis, A`Cuara Appraisal, Claremont, Ca

steven davis
9:49am • #50
162,023 Points Localism Sponsor Outside Blog Hit Router

Thank you for this information. Hopefully, Preserving Homes and Communities Act will help.

9:49am • #51
4 Featured Posts Outside Blog

I think the Senators should pass a bill that imposes prison terms for government officials sticking their noses into (what should be) free markets.  Government intervention is not the answer. It has never been the answer. And it will NEVER be the answer.

9:50am • #52

I am sure there are more blogs of this nature out there.  Some feel banks made bad loans to unqualified borrowers because Congress made them.  I find that impossible to believe.  What percentage of loans do the banks actually hold?  Most are held by Gov't backed programs and other investors.  Who owns the 20 on the 80/20?  Who owns the Home improvement and LOC loans?   The banks made the money on the processing(origination).  I bet if they had to hold all the loans, they would not have made a lot of the bad ones.

Taxpayers in some cases?

I do not hear this very often.  In my opinion, the reason why all this poor legislation is passed, and why good legislation is not passed, Public options health care for example, and this  presently discussed legislation.  Simple, the senate and house committees are bought and paid for by the very industries they affect.  Modifications are going down in flames in the banking committees.

 

 

Roger Hansen
9:51am • #53

Amen posts 40and 46. 

10:01am • #54
6 Featured Posts Outside Blog

I've been waiting for this to happen for the past year now. Not that I'm in favor nor happy about it. In fact I agree with some of the comments above about the government sticking their noses into another mess that they really won't do anything but screw up worse. If you have a moment read the series of posts I did on AR during the last month to give you even more insight into this debacle.

Now having said  all this I don't see anyway for homeowners to ever get out of this mess without some government intervention. Greedy lenders made it easy for unwary borrowers to obtain these loans so I think, investor or not, lenders have a major cupability in causing this whole downward spiral to happen in the first place and should thereby be held accountable for some form of real fix whether they lose money or not.

I personally think that the only thing the government can really do is mandate an accross the board write down on all mortgages made between 2003 and 2006 to within 85% of todays market value. Sure investors would take it in the shorts and I am one of them because I too have money invested in equities and the banking mess. But then you could have the banks make the investors well by reimbursing them with all the bailout money they've received with our tax dollars. The market could then adjust to current values and homeowners could keep their homes. But then that just makes too much sense so I won't hold my breath for a logical solution anytime soon.

But.....and I say But with a Capital B. What about the other shoe that has not yet dropped? I'm talking about the next traunch of foreclosures from the prime, Jumbo and commercial ARMS, 5 year interest only and Neg Ams that are currently looming on the horizon and will be re-setting in the next 12 to 18 months?

What we've experienced during the past 18 months is but a precurser to things to come and I don't even hear the war drums beating in the distance yet. We're so caught up in trying to figure out how fast we can socialize America with government bailouts and outright takeoves in the auto, real estate and healtcare industries, dealing with a failing war in Afghanistan and gearing up for the next election that our dummed down society doesn't even see the forest through the trees.

Negative? Perhaps. But then someone has to asume the position of reality. If we don't wake up and smell the corruption that is inundating our once strong, healthy and powerful America soon we will all be working for if not inslaved by China, India and even Russia for decades to come.

I'm 64 years old and have been in business since the 60's. I've had a very prosperous and successful life and have brought 5 beautiful children into this world who have gifted Janis and me with 9 adorable grandchildren. It's not me I'm worried about. I've lived my life and if I dropped dead as I speak I would not feel cheated in any way.

It's our children who will have to bear the cross of our greed, ignorance and indifference for decades to come unless we take a stand now. Before it's too late we need to unite and synergize our efforts regardless of our political bent and beat those war drums loudly. So loud that they will deafen the ears of those so called leaders in DC.

Only we can make the difference. Our politicians are bought and paid for by powerful lobbies and our Administration is roaming the globe playing kissy face with our enemies so it's you and me Baby. It's do or be done and I don't mean next year. I mean right now this very moment it's time to start being heard. We did it in the 60's and we can do it now. But we need that burning desire. If we continue to bury our heads in the sand with our fannies in the air we will surely get it kicked right into the next century.

Well there. I've said it and I feel much better now. Nothing like starting the day out with a little rant. Have a good day everyone.

Boy I think I'll make this response to you my next follow-up post. I will definitley subscribe to your post because you have some very good and logical information. I will also list you as an associate of mine. Please feel free to do the same and thanks for some really good information.

 

http://activerain.com/blogsview/1235113/loan-modification-companies-new-business-model-or-risky-scam-chapter-3-resources-for-home-owners-in-need-of-loan-modification-advice-

http://activerain.com/blogsview/1222626/loan-modification-companies-new-business-model-or-risky-scam-chapter-2-resources-for-home-owners-in-need-of-loan-modification-advice-

http://activerain.com/blogsview/1209735/loan-modification-companies-new-business-model-or-risky-scam-chapter-1-

 

10:02am • #55
1 Featured Post Outside Blog

Once again Washington is trying to legislate help for the people who have either voluntarily decided not to pay and who could afford it as well as those who have hit on hard times by no fault of their own. There is always a cost to government intervention and this too will move us closer to socialism because someone will need to be hired to enforce the legislation. On the flip side mortrgage companies will figure a way to circumvent the process but at additional cost to them. This cat and mouse game will end up costing all of the people who need a mortgage to pay more because of the increase cost.

I agree with John Occhi that we need to let the market clear itself out and even though there will be pain associated with it we cannot afford to continue to spend money we don't have!

10:04am • #56
6 Featured Posts Outside Blog

I've been waiting for this to happen for the past year now. Not that I'm in favor nor happy about it. In fact I agree with some of the comments above about the government sticking their noses into another mess that they really won't do anything but screw up worse. If you have a moment read the series of posts I did on AR during the last month to give you even more insight into this debacle.

http://activerain.com/blogsview/1235113/loan-modification-companies-new-business-model-or-risky-scam-chapter-3-resources-for-home-owners-in-need-of-loan-modification-advice-

http://activerain.com/blogsview/1222626/loan-modification-companies-new-business-model-or-risky-scam-chapter-2-resources-for-home-owners-in-need-of-loan-modification-advice-

http://activerain.com/blogsview/1209735/loan-modification-companies-new-business-model-or-risky-scam-chapter-1-

Now having said  all this I don't see anyway for homeowners to ever get out of this mess without some government intervention. Greedy lenders made it easy for unwary borrowers to obtain these loans so I think, investor or not, lenders have a major cupability in causing this whole downward spiral to happen in the first place and should thereby be held accountable for some form of real fix whether they lose money or not.

I personally think that the only thing the government can really do is mandate an accross the board write down on all mortgages made between 2003 and 2006 to within 85% of todays market value. Sure investors would take it in the shorts and I am one of them because I too have money invested in equities and the banking mess. But then you could have the banks make the investors well by reimbursing them with all the bailout money they've received with our tax dollars. The market could then adjust to current values and homeowners could keep their homes. But then that just makes too much sense so I won't hold my breath for a logical solution anytime soon.

But.....and I say But with a Capital B. What about the other shoe that has not yet dropped? I'm talking about the next traunch of foreclosures from the prime, Jumbo and commercial ARMS, 5 year interest only and Neg Ams that are currently looming on the horizon and will be re-setting in the next 12 to 18 months?

What we've experienced during the past 18 months is but a precurser to things to come and I don't even hear the war drums beating in the distance yet. We're so caught up in trying to figure out how fast we can socialize America with government bailouts and outright takeoves in the auto, real estate and healtcare industries, dealing with a failing war in Afghanistan and gearing up for the next election that our dummed down society doesn't even see the forest through the trees.

Negative? Perhaps. But then someone has to asume the position of reality. If we don't wake up and smell the corruption that is inundating our once strong, healthy and powerful America soon we will all be working for if not inslaved by China, India and even Russia for decades to come.

I'm 64 years old and have been in business since the 60's. I've had a very prosperous and successful life and have brought 5 beautiful children into this world who have gifted Janis and me with 9 adorable grandchildren. It's not me I'm worried about. I've lived my life and if I dropped dead as I speak I would not feel cheated in any way.

It's our children who will have to bear the cross of our greed, ignorance and indifference for decades to come unless we take a stand now. Before it's too late we need to unite and synergize our efforts regardless of our political bent and beat those war drums loudly. So loud that they will deafen the ears of those so called leaders in DC.

Only we can make the difference. Our politicians are bought and paid for by powerful lobbies and our Administration is roaming the globe playing kissy face with our enemies so it's you and me Baby. It's do or be done and I don't mean next year. I mean right now this very moment it's time to start being heard. We did it in the 60's and we can do it now. But we need that burning desire. If we continue to bury our heads in the sand with our fannies in the air we will surely get it kicked right into the next century.

Well there. I've said it and I feel much better now. Nothing like starting the day out with a little rant. Have a good day everyone.

Boy I think I'll make this response to you my next follow-up post. I will definitley subscribe to your post because you have some very good and logical information. I will also list you as an associate of mine. Please feel free to do the same and thanks for some really good information.

 

 

 

10:10am • #57
2 Featured Posts

HURRAY, HURRAY, HURRAY!. Now we know our housing problems will be solved...our government is getting more involved. Be careful what you wish for.

Remember, a government that can give you everything you want, can also take it away.

10:10am • #58

The federal government is the reason we are in this mess to begin with. They bailed out the banks who created this mess with all of their lax-a-daisy lending practices. They bailed out the Detroit car makers,who had 100 different models to buy at 30,000 to 40,000 a pop. When are the american people going to wake up!! The roll of government is to put policies in place to protect americans from being ripped off. Obama passed the $900 billion dollar stimulus package, which they should have called the $900 billion dollar pork package. That's all it is after all of the politicians get done with it. If they wanted to help out the economy, they should have given every bit of that money to every legal american in this country. After all we paid for it.It would have started new businesses,people would have bought cars, they would have paid their house payments which would have stopped houses from depreciating and on, and on, and on.Instead all of the politcians are fighting for their part of it ,for their districts.Its nothing but a big fat pork package. WAKE UP AMERICANS,THIS IS OUR COUNTRY!!  

10:11am • #59

%  I think most would agree with you on Gov't intervention, if all conducted themselves with high moral and ethical standards good business practices. you would not need Gov't intervention.  Problem becomes on who's definition of those standards.  We have historically high levels of bad business behavior, high levels of bad individual behavior, and historically high levels of Government intervention.  We all were there.  The first two were proved wrong.  I hope the Fed Gov't is proved right.   I liked the Einstein comment;  It takes someone smarter than the one who made the mistake to fix it.  Bankers! 

Roger Hansen
10:12am • #60
Localism Sponsor Outside Blog

Over the past four or five years, here is the game that has been played. Your Government...meaning Chris Dodd and Barney Frank et al wanted to make sure everyone could "afford" a home...they created legislation and laws making it easy for borrowers to borrow and lenders to lend. The waived rules on capital for Freddie and Fannie, allowed banks and insurance companies to invest in CMO's and CDO's of questionable value, with no true collateral backing (tracking bonds) and basically guaranteed everything.

Banks since Jimmy Carter have been forced to make bad loans (Community Re-Investment Act). No bank in the country would have been making these loans unless the Government either forced them, created incentives or guaranteed them.

When you look at the homes and borrowers that want these modification the vast majority are those that recently purchased their home with zero or little down and are just basically renters. Now that they took the gamble, hoping that their home would increase in value and lost, they want everyone else to share in their loss.

So let follow the money back...the borrower got the money from the bank...the bank got the money from an investor...the investor was willing to buy a pool of mortgages because the government backed the pool with a guarantee...the government got it's money by floating bonds to China...China knows the government can get the money from the people...the people get their money from working...OOPS...

Never mind...I'm not going to worry about this...I trust my congressman to do the right thing...even thou he never reads the bills he passes, and get all of his PAC money from big business and big labor...I know he is on my side...just last year they paved the main road through town...he even named the road after himself just to prove to me he was on my side. Although I did hear him say once that voters were fools, but I think he was just drunk at the time.

Vince

10:14am • #61

It doesn't bother me that we are going to hold their feet to the fire (the banks).  i think they have made out allright.  Someone pointed out that the bailout money has not gone to help the homeowners.  i thought Biden was in charge of keeping track of that.  Somebody is not doing his job.  As usual, the little guy is the one paying the tab and not getting squat for it.  It majorly ticks me off.  What are our unions (to which we pay such large dues) doing about this mess?

Pam Canova
10:19am • #62

The next Bill Congress will be working on will force Real Estate agents to give back 75% of there commission to the buyer and sellers...

Then they will want the Inspectors to give money back then the appraiser...

I cant believe the amount of agent that have responded to this bill think this is a good idea.

This kind of think is what started the mess in the first place when congress step in and required banks to make loans to people that could not afford a loan.

Another bad bills out of congress.

Best

Ron

 

 

 

 

 

10:19am • #63
Outside Blog

Claudette:

Thanks for the Blog. I somehow thought that Lenders were supposed to be doing all of that, but now my eyes are opened wider. And you are right: there are still far too many foreclosures and too many families and neighborhoods impacted negatively by this mess, when it really has a simple solution.

By the way, I used to live in Wayland (Rolling Lane) and Sherborn (Page Farm Rd.). Those are beautiful areas. I would be curious to know what the price of homes are on those 2 streets.

 

10:21am • #64

This would not be a good idea!  Everyone needs to remember, the banking industry under the instruction of the U.S. Government and Fannie and Freddie made the decision to "open the flood gates" and make loans to ANYONE! 

Now people feel sorry for those same borrowers (renters) because they are losing their homes.  They did not qualify to own the home or refinance the home to start.  We cannot fix the system without the pain of the process.  There is no SOFT landing!

When asked about loan modification processes a few months back, Jamie Dimond (CEO Chase) said the biggest problem they were finding was that a majority of the loans requesting mods were originally done fraudulently! And the mods that they had performed were going to foreclosure anyway within 6 months after the modification date.

We cannot turn back the clock, we must proceed forward without more government injection.  Let the  lending industry work the kinks out by what they have already done with stricter guidelines.

The Politicians should be focusing on abolishing the HVCC instead.  Which has just added another reason for the market to not recover!

Yvonne Arnold
10:23am • #65
185,638 Points 15 Featured Posts Localism Sponsor Outside Blog

Jason,

I would never use you as a realtor because you lack one key element - compassion.  The other thing is - frankly your not thinking too clearly if you think everyone is in the same position as YOU.  You are lucky to have health on your side.  YES - YOU can do those things.  Some can, some can't.  My father has Stage 4 colon cancer - he's struggling with the medical bills that aren't covered - you suggest he get a second job?  He's having trouble enough clinging to the first one.  Stuff happens.  I work two jobs - one PT another FT - the trouble is that a couple of times working 85 hours a week caught up with me and I almost ended up in a hospital.  I'm fairly healthy, but  I'm finding that I have some rather nasty limits that I was unaware of.  I pulled the long hours bit off for many a year but the days of getting away with that type of schedule are now over for me as well as my father. I'm fortunate in that I can still get away with about 60 hours a week - there are many who can't deal with that. 

The other issue is that those who actually have job jobs (not agents - but employees) are being told to work until they are about to drop.  It may not be possible to take on an extra job for all the unpaid overtime they are putting in trying to keep the first job.  Since you are self-employed you might not realize how serious a problem that is.  I came from such a background.  Got paid for 40 hours was working closer to 80.  If I didn't like it - the door was right there.  That's how it is today.  So if they are looking at you like they had their arms chopped off - it's because taking on anything extra might be the straw that gives them the pink slip.  If you are working over 70 hours there isn't any more room for much else unless you are 25 years old with no obligations.

For many entire fields of employment got yanked out from under them... That happened to me initially.  People who had spent YEARS building up their educations, spending their savings on master's and doctorates in high-tech fields.  It took time and it took savings.  Many got their degrees and were lucky enough to gain 5-10 years of great employment.  Some weren't that lucky. All lost in the end because there was no retraining or retooling - their careers (not jobs) CAREERS in which they had invested so much - had been offshored in a blink of an eye.

I wasn't living beyond my means until the salary rug got pulled out from under me.  It was fortunate that I had been rather modest in my needs up to that point - otherwise I'd be in much worse shape.  I'm still trying to pull through.  Bad things happen to good people.  But I hope  you'll understand why I don't apprecitae the notion that I should DIE because I wasn't blessed with perfect health.

10:24am • #66
Outside Blog

I too agree that we should let the market clear and aim for recovery. Facts have shown that even after loan modification many homeowners go back into default. This is just prolonging the misery.

I certainly am empathetic for everyone that has or is losing their homes. It is a terrible situation. Unfortunately, there has been a lot of finger pointing at banks as if this mess were in is due to their evil plot to make money.

EVERYONE INVOLVED IS AT FAULT. From the real estate agent, loan officer, consumer, banks....we all must take responsibility for this mess. I do not believe we will see a recovery if we continue to throw money at the problem. Where is that money coming from????? Do we really want our children to clean up this mess we created?

Please....let the chips fall where they may, we are in for a long haul here. STOP PROLONGING THE AGONY!

10:26am • #67
Outside Blog

Great idea however I don't believe it will ever pass.  Banks own Washington and their money will talk. 

10:28am • #68

THIS IS INSANE!!!!!!!!

What constitutional right (show me!) does the government has to interfere with a private contract??

Next you'll see agent's commission re-negotiated based on the fact that the pooooor seller has a hardship case, so a 3% commission that was contractually agreed to will be mandated to be 0.25% because the seller (or buyer) is sooooo poor.

I guess with Obama's socialism and redistribution of wealth plan, this was to be expected.

So anytime I enter into a contract and don't like the outcome, I just tell the other side to screw themselves, and re-negotiate it to my advantage.

BTW, if any of you research the history of why this subprime meltdown happened, you'll see that all the lenders were forced to loan money to unqualified buyers by the feds. This started in the Carter admin, enforced by Clinton administration and Bush admin was warned but did nothing. Banks were told if you don't lend to low income families, you don't get fed money. So, in order to qualify low income families, the 20% down qualifying income was reduced to: "If you have a pulse, you can borrow $500,000", stated income, stated assets, zero down. Never mind that they were making $6/hr at McDonalds. This mandate was now satisfied and the fed were happy and on the seventh day they rested.

Problem was these loans could not be sold to investors by themselves, so they were packaged along with quality loans and sold as mortgage backed securities. The person buying these had no clue what type of mortgages were in the package. The rest is history.

 

10:29am • #69

I think it would be easier if Government would just give every tax payer $100K, to do with what they want, save it, paydown the mortgage, invest it, bottomline everyone would benefit and the reality is it would probably be cheaper. As long as everyone is looking for someone to fix their own irresponsible activities, this would compensate the responsible people.

NW GUY
10:32am • #70
Localism Sponsor Outside Blog

Interestng conversations, thanks for the post Claudette.

10:38am • #71

After yesterday's thread about the $100k tax credit, I'm really surprised to see so many people supporting more government involvement. We don't get it both ways.

To those of you who think homeowners shouldn't get a loan modification or short sale because they were financially irresponsible, I agree. But, in case you haven't heard the unemployment rate in this country has gone from 5% to almost 10% (closer to 15% here in SoCal).

There's no denying in many cases loan modifications prevent foreclosure but by the "re-default" figures these solutions are just band aids not cures. Unless loan modifications start including principal reductions, the negative equity will continue to drag down the housing market.

The banks aren't obligated to do loan mods, but should they? If it's a sound financial decision for their bottom line then do it! If not, determine the hardship and the value and tell them they have an approved short sale and move to the next one.

Unless something is done to get the banks to have reasonable standards and procedures to either approve or deny loan mods and short sales we will continue to have this mess and we can't have housing recovery until we get through the glut of inventory (shadow included) of foreclosures and distressed homeowners.

Greg Cook
10:53am • #72
2 Featured Posts

This is interesting and I am not really surprised. The government is really getting their hands dirty right now. They are clearly sliding down a slippery slope at this point.

10:53am • #73

I don't believe our constitution says, we must be "capitalist" and we must protect "capitalism". It is my opinion that true capitalism in our society has failed the masses. We have listened to banks and corporations and assumed they were looking out for our best interest, just like many used to believe our doctors and insurance companies were looking for out for our best interest.

How many people were told in the last 10 years "if you don't refinance your house and put all your credit card debt or all those hospital bills to your mortgage you're just ignorant, after all, you can deduct the interest".  I watched an old gal in my town lose her house of over 40 years because someone talked her into taking a mortgage on her house to pay medical bills for her husband, who died a year later and left her with not enough income to make the new mortgage payment. Sadly, those mortgage companies used young, hungry, naive loan officers to extort money from people like this. Sometimes, much of the time, there does need to be some government or community intervention so people aren't taken advantage of like that. Do banks owe it to a lot of people to at least give loan modification a try, they sure do!!! It's a much better option for them. Perhaps give them the option, work out a loan mod or we'll investigate the circumstances in which this loan was orignated, I'm sure they would be much more eager to do a loan mod, than to be exposed to the public for some of the bottom feeder activity that was going on when these loans originated.

 

Cari Rieder, Ruhl & Ruhl Realtors Davenport
10:54am • #74
1 Featured Post

Proposed Bankruptcy legislation passed the House earlier this year that would have allowed Bankruptcy Judges to modify loans secured by principal residences.  Similar legislation died in the Senate.

Had the legislation been passed as proposed, those seeking bankruptcy protection (as of August that number stands over 1,000,000) would remain as homeowners.  Instead of people being denied loan modifications, endlessly delayed in the process, or short sales being endlessly delayed, the Bankruptcy Courts would have adjudicated the values of principal residences, determined the amount of gross and net income, as well as household living expenses, upon which a determination would have been made on affordability.  People making these choices would have been in a Chapter 13 for 3-5 years, during which time if they had sold their property the lenders would have shared any equity on a sliding scale.

Please see my post of August 13, 2009 - What Makes Sense - A Simple Solution that follows:

The solution to the current and prospective ongoing foreclosure crisis and failure of the banks to effectively modify loans lies, quite simply, in an ability of the Bankruptcy Courts to do the following with respect to home mortgages when an individual or couple files for relief under Chapter 13 or Chapter 11 of the Bankruptcy Code for the purpose of saving their home residence:

(1) Value the real property that is claimed as the principle residence of the debtor to an amount based upon not only a customary appraised valuation, but valuation based upon affordability – the amount after regular household necessary expenses that remains to pay for housing. The traditional Fannie/Freddie Guidelines are a start;

(2) Remove from the residence any lien, be it voluntary, statutory, or judicial, that is not otherwise secured by any (not a dime) of equity in the residence;

(3) Allow the debtor to confirm a Chapter 13 or 11 Plan based upon their current ability to service the balance of the mortgage that has been reduced, based upon an interest rate that is set over a period of 40 years at an interest rate equal to two points over that which banks are allowed to borrow from the Federal Reserve (the Fed Funds Rate);\

(4) Require that the debtor remain in the Chapter 13 or 11 for a period of 5 years, during which time all mortgage payments must be kept current and all real property taxes must be paid through the Chapter 13 or 11 (so as to assure payments) and all personal income taxes must be kept current, so as to assure the treasury is funded; and

(5) Allow student loans to be paid as a priority debt in the same class as taxes and domestic support obligations and allow the court to reduce the interest rate charged on student loans down to the actual costs of funds to the banks making the loans, as those loans are guarantied by the government and otherwise nondischargeabie in bankruptcy; otherwise risk free.

What happens to the liens that have been “stripped” away from the residence? Those liens are not effectively “stripped” until the debtor has satisfied in full all mortgage default payments due under the Chapter 13 or 11 Plan and has fulfilled all other obligations due under the Chapter 13 or 11 Plan. Those liens are not treated like general unsecured debt, because they are not, and they are not treated as secured debt either, because they are not. They are separately classified and broken down in the following priorities:

(1) statutory tax liens;

(2) the undersecured portion of the mortgage that has been reset;

(3) the wholly undersecured mortgage that once may have been a HELOC; and

(4) the judicial lien.

If at any time during the Chapter 11 or 13 the debtor seeks to sell or refinance the property, the lenders whose liens are stripped or principal reduced to the value of the property would share in the equity on a sliding scale from 50% in the first year down to 10% in the fifth year. In this way home ownership is spared, foreclosure are reduced, and families are protected against the ravages of the financial ruin that is at the root of the rising (and ever rising) divorce rates.

10:55am • #75
Outside Blog

I agree with Kelly. It does break your heart when a person comes to you with the problem we hear over and over, My ARm has come due and with both of us working we aren't able to come up with the monthly mortgage payment. I know, I know, I hear it said over and over these people should have known better then to agree to this mortgage and to a purchase of a home they knew they couldn't afford. Well, first of all, for many people they did not realize this. They were listening to the Banking EXPERT. Secondly, they couldn't forsee what was going to happen in the market(as even the banking industry did not want  to admit they could since they were raking in the money!!!). Now we are where we are today and they still are not cooperative! They,the banks and Mortgage lenders(Those at the top of management) say they are overwelmed and do not have enough trained personel to handle all the short sales, foreclosures, and refis. I'm glad some of our reps want to put their feet to the fire. Thank for that informative Blog. Susan

10:56am • #76

I, too, don't know if this program is such a good idea. I am not a real estate agent, but I do try to follow the market. I also have a home for sale, which I bought near the top of the market, with a 56% down payment. I have lost AT LEAST $170K of REAL money, not equity. This also does not include the $100K I put into the house for improvements. So, that's my problem. I took the chance, bought high and lost. So, am I asking for a government program to help me out? NO, though, it would be nice. Instead, I look long-term over what that program would cost my sons and grandchildren. The government got us here with cheap money/interest rates, government homeownership programs and deceptive loan practices. Do we really believe another program will heal the housing market? Really?! Or, will it just soften this next dip from 2010 foreclosures flooding the market? I'm not an analyst, but I do realize that the US has been spending more than its making, and that means, one day, the 'debt collector' is gonna come calling. All these 'stimulus' programs are simply bandaids that will soon stop working and fall onto the ground, leaving the wound even more exposed and sore. We, as a country, need to take these hits NOW. We need to do the hard work NOW, or our country is going to change to be unrecognizable. IS THAT WHAT WE WANT TO LEAVE FOR OUR CHILDREN? I heard the other day that our generation is the first generation since WWII whose children will inherit a worse country to live in...While it's not ALL our fault, we can certainly say we were blissfully ignorant.

11:02am • #77

Susan,

To address the issue about people buying , not knowing what they could afford, I told many borrowers they could not afford the home they were looking at and should down scale their thinking, only to be told that " We have already been approved by another lender and you don't know what you are talking about, we can afford it." Off they went only to call back a year or 2 later begging for me to help them. Many home purchasers new exactly what htey were doing but you could get into a purchase for less money then a rental property with 1st last and a damage deposit, so lets BUY!!!!!

NW GUY
11:03am • #78

Ruthmarie Hicks, why don't you be compassionate with your OWN money?  Forcing banks to break their contracts in favor of those who default is NOT compassion.  That's BIG GOVERNMENT tyranny.

I feel bad for those who lost their job and you know what?  I blame the government for raising min. wage laws, resulting in up to 50% unemployment for college kids.  Do you think government taxes will drive the rich to open up more businesses?

Oh, and on the issue of perfect health, you WILL die if the government has it's way, as there won't be incentive for anyone to spend their cash to go inth a profession where the government will dictate how much you'll be making and how you are going to be administering medicine.

 

If you guys like socialism so much, why don't you move to Cuba?  I heard medicine is great there.  So great that Cubans are dying to get to the US.

Private
11:05am • #79

As you described this bill, it forces banks to negotiate, but does not neccessarily force them to do the modification.  I'm reminded of the old saying, "You can lead a horse to water, but you can't make them drink".  I think for this bill to work, it would have to spell out the details about under which financial situations the bank had to do the loan mod.  I really don't get the banks resistance to the loan mods any way, as the numbers typically look like the bank would come off way ahead over the cost & loss found in doing a foreclosure. 

I keep thinking we must be seeing the tip of the iceberg, & that there is much more under the surface, & we probably would not like what we saw, if we could see it. 

11:06am • #80

As you described this bill, it forces banks to negotiate, but does not neccessarily force them to do the modification.  I'm remined of the old saying, "You can lead a horse to water, but you can't make them drink".  I think for this bill to work, it would have to spell out the details about under which financial situations the bank had to do the loan mod.  I really don't get the banks resistance to the loan mods any way, as the numbers typically look like the bank would come off way ahead over the cost & loss found in doing a foreclosure. 

I keep thinking we must be seeing the tip of the iceberg, & that there is much more under the surface, & we probably would not like what we saw, if we could see it. 

11:06am • #81

As you described this bill, it forces banks to negotiate, but does not neccessarily force them to do the modification.  I'm reminded of the old saying, "You can lead a horse to water, but you can't make them drink".  I think for this bill to work, it would have to spell out the details about under which financial situations the bank had to do the loan mod.  I really don't get the banks resistance to the loan mods any way, as the numbers typically look like the bank would come off way ahead over the cost & loss found in doing a foreclosure. 

I keep thinking we must be seeing the tip of the iceberg, & that there is much more under the surface, & we probably would not like what we saw, if we could see it. 

11:07am • #82
2 Featured Posts

Hmmm....so what parts of contract law do we wish to abide by and which parts do we toss out because it's convenient? God help our country!

11:08am • #83

My first reaction to the headline was "Oh, no!"  The unintended consequences never seem to be considered.  There are more than enough laws in place.  Prosecute those who committed fraud don't overreact with extreme legislation.  Like the gentleman in New York who said many times the borrowers don't show up for forced mediation, will it really solve the problem.  To me, it seems it will slow down the process even more as the banks have to hire and train more people and implement processes to deal with new legislation.

What I find extremely troubling is the interference with contracts.  It can go both ways.  Do we really, really want to go there?  It seems like a slippery slope making banks change the terms of contracts.  Using the logic that my home price has dropped (a risk you take when you buy any investment) so therefore my principal should be reduced is nonsense.  History leads us to believe prices will go up again.  If they do, would the banks feel entitled to recover some of their loss?  When prices skyrocketed, the banks couldn't come in and say hey, your home is worth a lot more so I'm going to adjust your principal up.  Or, what if interest rates go up and you're sitting with a 5.5% 30-year fixed.  Could the banks make a claim that servicing costs are too high and they can't afford it anymore, so they want to adjust your rate up?  Sound outrageous?  Sounds like the same thing as asking banks to reduce principal because prices have dropped.

Banks need to make a profit to stay in business.  Were some of the loans made outrageous?  Yes.  If the consumers are such victims, where were the agents representing them to let them know they were getting undesirable terms?  When I accompany clients to signings, the escrow officers tell the clients if they have pre-payment penalties, what their interest rate is and so on when reviewing the loan docs.  Does the borrower have no responsibility in assessing whether they can realistically afford those payments and reading the docs they sign?  I've had many people tell me they knew exactly what they were signing and don't blame anyone but themselves.  It's just unfortunate that prices came down so much.  If prices were still rising, this wouldn't be a discussion.

Yes, it is absolutely tragic when people face losing their home due to a job loss or some other crisis.  Did foreclosures not happen until the last few years?  Sometimes, getting a loan modification may be the worst thing that can happen for that person.  What if they get a loan mod and have another crisis in a year or two?  What, do we want the government to provide us with houses so we never have to worry about losing them?  Can you imagine what strings would be attached with that?  I think I'd rather deal with the "evil" banks with a written contract where terms of loans are in black and white.  I haven't seen any verbal terms for home loans with banks. It's a big purchase, if you don't understand the terms, don't sign until you get the help from someone that can explain it to you to your understanding.

There are just too many things to consider before rushing into more legislation and heisting yet another large pool of taxpayers money for hopefully well-intentioned lawmakers to spend on our behalf.

John Arendsen is right - an early in the day rant does feel good!

11:13am • #84
208,194 Points 14 Featured Posts Outside Blog

If I hear where Guy is coming from, I think I have to agree. At some point, individuals need to take personal responsibility for their actions--even if that means they may have to lose their home. Kids run to their parents to solve their problems; adults run to politicians and government. I'm fairly liberal, but I was always taught to take responsibility for my actions.

11:15am • #85
Outside Blog

I hope something different is done quickly.  I must admit that I believe we do need more rules to encourage the banking industry to provide more help for individual home owners.

11:15am • #86
2 Featured Posts

While I am not initially in favor of this, for a selfish reason (I work short sales, as an investor) the overall mission of this legislation is an attempt to stop the downward spiral of our economy, and that is certainly a good cause. 

Unlike Mark Warner above, I don't think this legislation has anything to do with "socialism" vs. "Capitalism" but it has does have something to do with fixing a major weaknesses in free market Capitalism, when left unregulated.  If we "let the market clear itself out", we would definitely become a third world country.  Government exists to balance the interests of WE THE PEOPLE with the interests of THE POWERFUL. 

I believe that the majority of pre-foreclosures result because WE THE PEOPLE get outselves into a financial pickle AND POWERFUL banks are partially to blame!  In a foreclosure, both parties suffer; it's a law suit for repossession of the collateral of the loan, so it's not a picnic.  Bankers and borrowers both need to learn to be more conservative.  

Yet, should we punish our neighborhoods just because Bankers like to gamble in order to make huge profits?  I think this current economic recession (depression?) is not something that "will just work itself out" through the wonderful cleansing power of Capitalism.  Capitalism is a financial management system, it is not a system of governance and is woefully inadequate to work in the best interests of consumers.       

Mark states " This cat and mouse game will end up costing all of the people who need a mortgage to pay more because of the increase cost".   This is the way it already is, just like with health care.  This begs the question, "So, how are these systems working for us?".   Not so well! 

What this tentative legislation proposes is to force the powerful to deal more fairly with the weak.  I applaud Senators Reed, Durbin, Merkley and Whitehouse in their efforts and hope this passes!

Thanks for posting, Claudette!  

11:18am • #87

Interesting, but I doubt banks will "truly" participate. I have observed banks drag the loan modification process out until the borrower simply gives up. On another note, while processing a "short sale" for the past 15 months and having had the file approved twice, the lenders negotiator  sent me an email stating, "the file is denied and we would rather foreclose since we will most likely get more money for the property at auction or when we re-sell the property." Interesting fact and rude awakening" for lots of us that believe banks do not want properties. I believe they do, because it yields them more power and will make more money.

11:26am • #88
472,758 Points 76 Featured Posts Localism Sponsor Outside Blog

Hi Claudette!  Very interesting discussion--I'm ambivalent about this as it's in our nation's best interest to get this financial crisis under control but, on the other hand, I'm a governmental hands-off girl and worry, as one of your commentors said to be careful what we wish for--it can all be taken away just as swiftly!

Thanks for posting--I've enjoyed reading the commentary!

Debe in Charlotte

11:26am • #89

"What this tentative legislation proposes is to force the powerful to deal more fairly with the weak." While I understand Mr. Lietzow's sentiments, this statement reveals an ideology that seems to be widespread in our country. Rich corporations are powerful, average Americans are weak. Since when are full-grown, thinking, working adults "weak?" Each of us benefitted from the loan contract we signed. We were given the opportunity of home ownership. What, exactly, was the option? Come up with $200,000 cash to purchase a house? We signed the bottom line, and if we did so without comprehension, then it's only OUR fault. That doesn't make us weak, it makes us stupid.

That being said, I'm sad to watch the wealth in this country diminish daily. If this program were a long-term, widespread, fair program that takes into account implications to the banks and mortgage companies, then I'd consider supporting it. Until then, it's just another cash-for-clunkers, short-term, not carefully considered program.

Janice B.

11:34am • #90
192,999 Points 1 Featured Post

I hope they are careful so that they don't push more banks into default as we've already had so many that the FDIC insurance fund is running out of money.  I'm extra sensitive to this after having 2 loans that I made go into default.

11:38am • #91
Outside Blog

Interesting information, Claudette. You would think banks, after receiving some of the THREE TRILLION dollars in stimulas funds would be more willing to bend. Maybe I am oversimplifying, but I still think banks should be more receptive of loan modifications.

11:38am • #92

I know this may sound very simple, but; that's often times the best answer. Forgiveness is the answer here. First and foremost all home owners who bought in the years from 2003 though 2006/07 need to have there values and loans adjusted to what current appraised value is using a fixed interest rate equal to 5% across the board. This will solve the problem of foreclosures immediately.

Terry Hughes
11:44am • #93

No one put a gun to the consumers head to buy a home. They bought one, knew what their payment would be and went for it. Most refinanced their homes to buy cars and toys that they could NEVER afford on their income. I see people that are in NOD going on large vacations that cost upto $20K. HUMMM. They can not make their house payment but hey let's go on vacation.

Now, I do understand that there are people out there that have lost a job or their income has gone down. That is a different story.

But most people just do not believe they need to pay for a house that is worth less than they owe on it.

11:49am • #94

I agree with Ryan, what's the benefit for people that make payments on time?  There should be language included in this bill to help people who are holding on by their fingernails to their hard earned good credit.  Why must people let their good credit go bad in order to get help?

I encourage everyone I know to write their elected officials urging them to support measures like this and the extensio of the 1st Time Homebuyers Tax Credit.  Spread the word.

11:49am • #95

It's a sad day for everyone when the banks wont even talk to the homeowner about ways to help save the home.

11:53am • #96

How about letting everyone have the option of a 1 year break from making mortgage payments? Automatically add the missed payments to the principle balance. That way if someone is unemployed or underemployed they will have a chance to get back on their feet. And trying to get a loan mod is especially hard for the self-employed at this time. If anyone that wanted or needed a break from payments were allowed the one year break from mortgage payments, they could concentrate on finding work and could catch up on credit card payments. Those who are making their house payments wouldn't feel so bad because they'd know that that option is open to them if they should need it in the future and that the others are not getting away with not making payments, but rather delaying making payments. These are extraordinary times that require extraordinary measures. That's my 2 cents worth.

 

Karen Burns
11:55am • #97
141,937 Points 2 Featured Posts

at what point will we get the fact that foreclosure allows us to get out of this mess faster not slower, having the feel good bills in congress only drags it out and gets us nowhere.

 

11:57am • #98

FEEEEELLINGS, NOTHING MORE THAN FEEEEELLINGS...Oh, sorry, I just had a Democrat/Socialist moment, there. Did you notice that ALL of the folks who are proposing that the banks be forced to negotiate loan modifications and subsidize homeowners are Liberal Democrats?

These are the folks, Dick Durbin, Barney Franks, etc. who modified the banking rules to force huge bundles of sub-prime loans into the system, that brought us to this point. Yes, I know, the Republicans went right with them and together they crashed the banking system. These folks FORCED the banks to lend stupidly, now they want to FORCE the banks to modify their loans or face stiff fines?  Interesting!

Foreclosure is not EVIL, it's the result of a failed Capitalistic business agreement.  The lender lent the buyer way more than they could ever expect to pay back and the buyer proved them right by defaulting. The investors who put up the money now want to recover whatever is left of their money.  Loan modification is NOT a right. The proposed bill forces lenders to negotiate with all manner of community activists and slows down the foreclosure process by months and maybe years.

If the poor couple who cannot pay their current loan payments obtains a loan modification, will they then be able to pay their mortgage payments?  Or, will they be right back in foreclosure in 90 days?  Who will pay for the FUND which is to be used to "subsidize" the payments of the defaulting borrowers?  Why not just send those defaulting borrowers (why not send every struggling homeowner) enough to cover the monthly shortfall they are experiencing now and forget about the costly renegotiations? 

Please keep in mind that.....everyone in America would want to receive the shortfall FUND money as they are all experiencing some sort of a shortfall in the current recession?  Once we start down this road there will be NO ONE who doesn't need help. Why not give renters the money to buy a home...or buy one for them?  Why not just give renters the foreclosed homes?  Just take them away from the investors who are currently trying to recover their asset?  Where would it end? 

I think it's a great idea for the homeowners to receive quality, correct, dependable, "direct-and-in-your-face" information about why they are in default and what they might be able to change in their lives to deal with it. That would be a great job for Community Colleges to do. Hire their economics professors to teach "basic economics" and budgeting to those who do not understand how to keep a checkbook. One CANNOT buy a $20,000 giant screen TV system, or "Toys" if the house payment cannot be paid.

America made the mistake of driving down the Socialist cul-de-sac in 2008 when we decided to bail out SOME Americans (banks and auto companies)...now ALL Americans are beginning to step up for their share.

Those who depended on Socialism and the current Social Order in Washington to save Realtors will be disappointed. I predict that we will soon see what happens when buyers are no longer PAID to buy a home starting next month. 

Realtors have no business aligning themselves with Anti-Capitalists because the sale of real estate IS a historically Capitalist act.  One buys a home for shelter and for the possibility of equity build by paying down the loan AND possible up side on the value over time. This is the Capitalist Goose which has laid golden eggs in America for 235 years.

Where did we find the current leaders of NAR? They are FOR every Social Engineering program and AGAINST every Capitalist program that comes down the Congressional turnpike. Why don't the NAR leaders lobby for Best Business Practices in the lending business?  Example: Why would we ever pay people to buy a home?

Here's an example of what's coming next for Realtors.

Q: Why is no one buying a car this month?

A: They're not being paid to buy one!  The auto industry "pre-sold" 1 to 2 years of car buyers in 2 weeks. And, since the US auto makers have developed such a bad reputation, the lion's share of sales went to foreign car makers. These ill considered US subsidies went to the Japanese and South Korean car companies. 

After the $8,000 Real Estate subsidy ends next month will people buy homes if they're not paid to do so? Why not pay investors $8,000 to $10,000 to buy forecolsed homes?  Where will it end. Ask anyone who moved here from the Soviet Union how it ends.

When the Tsunami of new foreclosures hits the market next year, 2010 (hundreds of thousands, maybe millions, of AA credit quality [the wealthy folks] Alt-A loans began resetting in July 09) the real estate market MUST be allowed to find a real, unsupported, unfettered bottom. The method for finding this bottom is foreclosure and immediate fair market value resale. Stalling this process will push the recession into 2011 and 2012 or longer.

There isn't enough money in the world to keep all of these poor, crying families from losing their homes. No matter how good it would feel...it can't be done.

If we continue down this road, Realtors will be condemned to lobbying and begging, year after year, for another bigger, better, more ridiculously expensive subsidy to pay people to buy or stay in their homes. Tom Waite, Orange County CA

12:01pm • #99

Well said, Tom Waite! Perhaps if we followed your advice then our children and grandchildren would also have the opportunity (a chance in hell?) to buy a house and live the American dream...as it stands, I have to wonder. "If there must be trouble let it be in my day, that my children may have peace."- Thomas Paine.

Janice B.

12:18pm • #100
Outside Blog

Wow seems like this is a hot topic for many

12:21pm • #101

There are major problems with non responsive lenders, but, at what point is too much government intervention? The banks have received a ton of our money, and yet people stuck in a bad loan created by bad people will still have to suffer.

You know how bad HVCC has been for everyone, they had good intentions, but it literally threw a wrench in all aspects of buying a home.

Looking ahead, what will happen if this passes?

Will the banks make it even harder for people to qualify for a loan?
Will they have to hire a whole new staff to deal with loan mods, costing them more money?
Will people know going into a loan that they can always get out of it and modify later, making it an unstable area to invest in (yet again)?

I think there should be a more specific rule for banks to be required to look into a loan mod or a grace period for those with a medical issue, job loss, death of the borrower or co-borrower, and not for those who bought a ton of stuff with their equity and now can't afford their mortgage.

I enjoy reading everyone's post, hopefully helpful bills will come, and we can learn from mistakes to progress. I'm not sure this is one of those bills ~

Voluntary efforts to keep families in their homes have failed, but is this the right solution, without creating more major lending problems for future borrowers?

Shelly Whitworth
www.MorSystems.com

 

12:23pm • #102

Well there is some need for this but it will hurt small banks even worse. I just had lunch with the president of a small local bank and he said the FDIC is killing their profits and they could go out of business if they keep taking the banks profits. Several small to midsize banks already have gone out of business and some of those never had mortgage divisions. Someone has to pay for this and it won't be the people in congress and the senate. The current Obama plan is really a joke and gives really little incentive for banks to modify someone's loan.

Dan Chapman
12:26pm • #103

There will always be a way around any "regulation" imposed. FNMA said they'd not whack the commissions but that didn't apply to second holders so you wind up whacked on a deal with a FNMA first anyhow.

The moratorium in CA only applied to Banks and lending institutions so all the loans owned by private or "Fund" investors were exempt.

Banks are doing fire sale deals selling loans on proerties that are in the process of short selling thus crashing deals.

Private investors were not eligible for the $1000-$1500 Govt. incentives and are exempt from the rules/regulations imposed on Banks/Lending institutions.

The simple plan would be to have the fed keep buying mtg's, good ones or bad ones. This could be the best long term investment our Govt. ever made but at worst would likely get the investment back at some point.

The "gimmie" programs are a band aid. If they want to do something meaningful they risk having Voters be beholding to our Govt. Politics are involved, good sense is not.

Have the fed offer fifty cents on the buck for any/every mtg and scoop the ones that banks will sell. Banks?lenders are already taking these kind of hits and would just as soon sell a bulk deal than to go one by one. This would take the stress off the banks, turn folks losing their homes into renters of the same home, and in a couple (5-10) years the properties could be sold likely FOR A PROFIT.

How is it better to pay struggling folks with tax dollars to keep homes with mortgages representing 200% of the property value?

12:26pm • #104

Yeah, a middle school teacher once warned me...

BEWARE OF THE LAW OF UNINTENDED CONSEQUENCES.  WHEN YOU MODIFY A SYSTEM WITHOUT REALLY UNDERSTANDING THE SYSTEM THE CONSEQUENCES CAN BE VERY NEGATIVE.

So many caring folks want to modify:

Real estate loans,

Health care,

Fixing the economy,

Taxation to make everything more fair,

You name it and it will be tried...just BEWARE OF THE LAW OF UNINTENDED CONSEQUENCES.!

Tom Waite, Orange County CA

12:27pm • #105

There are lots of interesting post relating to this timely blog...While I am personally encouraged to see the government getting involved in controlling the greed and arrogance demonstrated by the lending industry, it still seems many of my REALTOR friends are in a lather...I even saw the term "facist" metioned a couple of time (Note:before you use this term, try doing a little research into the origin and history that it dredges up...and stop trying to frighten people). We went to the edge of a financial Armageddon but we seemed to have pulled back. When the private capital is not there to provide for stability and growth, the government must step in...So, now that many of the home lenders have gained it there footing, it is only appropriate that some oversight and fairness to the taxpayers should be extracted...Kudos to these legislators!

12:33pm • #106

Fairness to the taxpayers????

Just BEWARE OF THE LAW OF UNINTENDED CONSEQUENCES!

Tom Waite, Orange County CA

12:36pm • #107

I agree, If the business you are in in is not profiable,AKA an Agent or Lender GET OUT, Do not expect the Government to keep programs in place so you make a living. This has been a great year for me as a lender I am just tired of all the changes. Most of my lending business plan was high end custom construction in years past, although my check has been reduced I am actually closing more refi's and purchase and sales then ever before. It is marketing not complaining that is making a difference.

NW GUY
12:37pm • #108

In response to Paul Gaddes - "When the private capital is not there to provide for stability and growth, the government must step in." Isn't the government funded by private capital -- OUR TAXES? How can taking away money from American citizens bring about stability and growth among American citizens?

And - you say, "So, now that many home lenders have gained their footing..." How many are selling/hiding toxic assets? Too many. How many homes are sitting in real estate purgatory? Who knows??! I think this program will force banks to close their doors. The losers here are the banking industry and taxpayers who aren't getting THEIR loans reduced to current home appraisal values. Can I have that, too, please, before I sell my house?! It would be worth it to stop paying now on my mortgage, have my principal reduced through modification, and then sell after that.

12:42pm • #109
Localism Sponsor

I have read the many comments on this subject.  Whether the comments came from those on the political right or left - pro capitalism or pro compassion to your fellow man/woman I found it very interesting. 

As a Realtor who has been personally affected by the dramatic loss of income, who was able to successfully prevent a foreclosure after being notified 2 weeks before the sale date by doing a loan modification with one of the hardest banks to work with Bank of America and who also works a second job with Titanium Solutions making home visits to those homeowners that are ready to lose their homes for a variety of lenders, I know from being on the front lines exactly what the current housing market is doing to our fellow Americans.

Like other's have stated here - why waste your energy on blaming anyone?  I was curious when I ended getting a bad loan what that side of the industry is like so I went and got my mortgage origination license and was able to get a 1st hand look at how that process works for 2 years.  I was appalled at a lof of the things I saw but I also met some people that really knew the business and refused to participate in the loan products that brought the system down.

Banks got greedy, they figured out a way to make even more money by packaging mortgages into a new product they could sell and make even more money.  American ingenuity at its worst now that we have the results of all this.  Homeowners, mortgage brokers, appraisales, home inspectors and yes Realtors made a lot of money using the sale, refinance and buying that dream home that you knew you really couldn't afford and we all threw the dice and we came out.....losing.

So everyone needs to go back to the drawing board.  The free market in this case did not work.  The rich got richer....the middle class is disappering and the gap between the have's and the have'nots got wider.

Unless someone has a time capsule that they are keeping hidden we can't go back to the "good old days".

Those that are able to still have jobs, still pay their mortgage, credit cards, kids private school, health club, prime cable, latest phone, latest game console and the quickest computer and internet on this side of the ocean - COUNT YOUR BLESSINGS!!!  Be thankful your not like the neighbor down the street.

Laid off after 25 years, with half of their 401(K), unable to find a job in their industry due to lack of opportunities, too much experience and the weathered look of someone mature and old enough to be the father or mother of the person doing the interviewing.  So the housewifes have to go back to low level jobs to keep food on the table and their utilities on.  The American Dream has become the American Nightmare.  

A bit of compassion for others would go a long way for those of you pissed off about all these government entitlements.  The government really did not want to become involved in these industries but the current govenment had no choice after the previous adminstration left them this mess! 

So yes I am for forcing the banks to do the right thing if people have enough money to pay a lower payment.  They need to look at the long term vs short term profits.  Cut out all those late fees and other junk fees that they put on these loans.  Give people loan modifications that will work for everyone instead of putting more inventory into the market place.

Give investors that have the money and are willing to buy REO's or short sales homes some sort of break instead of putting seasoning rules so they incur more holding costs. 

We all need to start finding solutions and stop blaming everyone else.  Yes, we even have to re-examine our life goals, cut out wants versus needs, tighten our belts and do what we have to to get out of this mess.

Patience, compassion, putting yourself in someone's elses' shoes for a change.  Being thankful that we live in a country where we can bitch and moan on a public blog like this about our government, our institutions, each other and even the way the Universe refuses to give us sunshine on our own special days.

So go out and help your clients, help your community and be kinder to each other and even try to be nice to that negotiator that thinks they have some power because they can make or break your short sale....kill them with kindness.

I am off to walk my talk and thanks to Claudette to bringing up this subject which obviously has set so many of us off.

 

 

 

12:48pm • #110
231,182 Points 1 Featured Post Localism Sponsor Outside Blog Hit Router

This is why I am reluctant to see the rash of foreclosures.  The government can simply change the rules and they have been inclined to both legislatively and Administratively. 

12:57pm • #111
Outside Blog

Hi Claudette:

Good article. Thanks for the information.  I'm a little leary about how this program will actually end up working and what all the consequences will be.  Also, I hope the law addresses short sales too.  There are so many short sales in the Phoenix market but very few of them close.  I think if the banks would start doing short sales more quickly and efficiently if would help the sellers, the buyers, the banks and the real estate market in general. I'd like to see homeowners stay in their homes if possible but not at the expense of the homeowners who are making their payments or at the expense of loan costs going up and availability of loans being reduced.  We have to think of the future as well as the present.  I also don't want to see a lot more tax money being thrown at the banks and nothing good coming of it.  In many cases, unless the bank reduces the amount of the mortgage, homeowners will still walk away from their homes because they are so upside down on the value.  I don't think it's fair to the homeowners who keep paying on their loans to be unable to compete in the market when they want to sell their homes because others have had their loan amounts reduced.

1:05pm • #112

Unfortunetly people have been dealing with life circumstances forever. The current conditions are considerably tougher than most post depression babies have ever had to deal with, but the point is people should have been living within their means and putting money away for the storm. I do feel sorry for those who have lost the jobs they thought were invinsible, I do feel sorry for those dealing with medical issues but these things in life have always been present and people have managed to make it through without government programs. It is all about restructuring the American value system.

NW GUY
1:15pm • #113

How do we expect the housing market to recover is we keep postponing the inevitable? Loan mods have almost 70% re-default rate... Completely agree with #29 Phil.

1:15pm • #114

I'm not really sure, but there is so much resistance from the banks to work out anything with homeowners, I have to wonder if the PMI companies' rules for paying on these loans have an effect on the bank's motivation to act quickly.

On the surface, this bill looks like it would rescue many homeowners from foreclosure, but I'm always worried that the final bill- once it gets past all the politics- may not even resemble the original bill.  (Sorry for my pessimism)

Peggy Smith
1:30pm • #115

Dynamic Real Estate Network, whom will you blame next, after the banks stop lending due to tight restrictions and actually move somewhere ELSE where they can make more money?

 

And.. the governmetn will turn on YOU for also getting too greedy and not helping those poor homeowners realize that they are getting way over their head?  Lets regulate everyone, including Realtors, agree?  Let's dictate how much commission is fair.  After all, why is a home inspection costing $400-$1000 but a comission for the agent can run 10-30 times higher?

 

Don't like where this is going?  Don't think the government will stop at regulating the banks.

 

Anyone who is saving their money in their 401K is an idiot.  If this legislation passess, I'll not plan for my retirement, will spend on my money on toys and then let the government take care of me.

Hey, let's be compassionate here.

Private
1:32pm • #116

And so the Story goes:  The Highly Educated TOO Big Too Fail Financier's they were sailing there Wondrous Big Unsinkable Ship at the high seas all seemed well. The many aggressive agents had booked the voyage solid for all wanted to ride and they were well rewarded but the All Knowing TOO Big Too Fail Financier's they navigated carelessly and then they hit something and there Wondrous Unsinkable Big Ship it stopped dead in the water. They saw a young fellow and said Here hold this wheel you are the New Captain well be right back and they ran to the bailout life boats and abandon all too small too save on-board young and old rich and poor , agents and all who were bound in steerage by there boarding pass contracts as the young Captain grabbed the wheel wide eyed and who wouldn't . But little did he know they hit an Iceberg and the Wonderous Big Unsinkable Ship was now sinking so now here is his dilemma should he try to fix the problem saying Lets make a heroic repair to save what we have to get to Port and relieve all the pain and suffering  of this catastrophe to then reestablish sea worthiness or should he say let US sink We should have known better than to book passage with the previous Captain , crew and associates "And the Band played on"

Bill
1:36pm • #117
484,497 Points 2 Featured Posts Outside Blog

I am so glad that I read through all of the comments here, regardless of how angering some of them could be.  I am in complete agreement with #110 and certainly hope that those who are in genuine financial hardships, and really do want to make a payment plan work, can receive help with that through this bill.

1:47pm • #118

A loan modification done correctly could assist in getting our economy back on the right track.  As most anyone will tell you, the nation is pretty much moving in the right direction if construction of homes is.  With the high cost of materials, many would be homeowners had to choose not to build, or to build less.  My clients are decent hard working people.  Some have older cars, some newer.  Some may even have the big screen TV's, but what has that got to do with the price of eggs?  If there jobs had not been eliminated or sent overseas, then they could have continued to pay their bills on time.  My heart goes out to the families that contact me and tell me that their life is totally upset by the economy.

The News Media has had a wonderful ride of telling everyone how bad the economy is.  Say your foot hurts long enough and it will begin to hurt.  The News Media can't sell positive statements !

I don't know if loan modification will be the magic bullet, but watching people suffer is certainly not a stress relief either.  I don't think the average homeowner is trying to be Barney Madoff and abscond with the fortunes of others.  Home values have sunk to the level that most cannot sell their homes to get out of their situation.

 

 

 

1:51pm • #119

Dear Private:

There is plenty of blame all around...the banks are not going anywhere.  They received plenty of bailout money and they are not using it for what it was intended instead they are buying smaller banks that failed and already have new products so please don't feel sorry for the banks....they always come out ahead or have you not noticed your new interest rate, cut on your credit limit, new bank overdraft fees, etc.  They know how to make plenty of money right here.

Private....why can't you show your face or name.????

..and a house inspector gets paid upfront for his work or immediately afterwards, we Realtors on the other hand may spend hours and hours working with buyers, marketing a listing, doing a short sale and may never get paid but that is the risk we take.

You are so luckly that you were able to foresee everything and make all the right moves...thank your lucky star for the crystal ball and the foresight that you have. and that you can admonish the rest of us for not doing the right things at the right time.  Kudos to you and may you continue to be lucky in business and your personal life.

The rest of us will continue to try to do what we can to help those that are struggling to keep their homes, find loans to buy new homes and continue to survive, thrive and change with the times.

Feel free to send more personal comments to my blog instead of taking Claudettes blog to counter my comments on her post.

My apologies to Claudette and the rest of those that have to read this.

 

 

Evelyn Santiago
2:09pm • #120
3 Featured Posts

I don't agree with having another fund of taxpayers money to pay for someone's mortgage payment.  I don't agree with government intervention anymore.  They haven't done anything good.  $900 billion stimulus?  Nada, hasnt done anything.  They would have prevented much of this by just giving that money to the US citizens that most needed it, since they were going to give that money away anyways.  I agree that banks need to be made more responsive and have a better system in place for helping homeowners in short sale and foreclosure situations.  But you can't force the banks to modify the loan when the homeowner signed the agreement on the dotted line to pay for it.  I know a lot of people that bought a house that they couldn't afford and then just walked away from it because it wasn't worth what they were paying for it.  Should those people be helped?  In the past if someone lost their job and then lost their home, they had to suck it up and try to get back on track.  Why now are we wanting to subsidize those folks?  Yes, it sucks, it is shameful to lose your home, but why now because of all the foreclosures going on do we need to subsidize payments for people? 

We bought a house that we could afford and a payment that we were comfortable with.  If God forbid something happened to either of us, we would have to try to sell our home and do a short sale.  If it ddidn't work, would I expect the government to bail me out?  No, I wouldn't.  The government should have just given that stimulus money directly to the people to begin with, and the economy would not be this bad. 

2:23pm • #121

To Roger Hansen and those who share his point of view:

It is not the role of the federal government to force me to pay for the errors of others. I work for myself, not to be FORCED to "share my wealth" with others. I share my wealth with those whom I believe deserve it; through charities that I support, and directly on a face-to-face basis.

Mr. Hansen, you earlier post states, that there have been illegal contracts created. If that is factually correct, the damaged party has recourse through the court system; they do not need, nor do they deserve the assistance of the government.

It should also be remembered, that in circa 1998, it was the US Congress supported by the, then, Attorney General of the United States, Janet Reno, who, together, imposed lending standards that REQUIRED lenders to make loans to those who should not have otherwise been capable of borrowing to finance real estate. These lowered lending standards were further supported and propagated by the Federal National Mortgage Association (FNMA - Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac), both of which are public/private associations supported and regulated by the US Congress.

There can be no factual doubt, that, if not for the actions of the US government, most of so-called "bad loans" that have gone into default would not have been made. Keep in mind, this is the same federal government that has subsequently seized ownership of numerous private companies, and seeks to expand exponentially as I write.

To deny any of these FACTS is not possible. To excuse them is to be complicit in their effects.

And, no. This is not a "blame game." It is a statement of fact.

The resolution to the current problem is to take action by contacting your US Congressional Rep and US Senator to implore them to stop the government intervention into private matters, and to stop pouring OUR MONEY down a rathole from which we shall never benefit.

2:25pm • #122

CORRECTION:

To deny any of these facts IS IMPOSSIBLE. (Sorry for the error)

2:27pm • #123

 

Alot of great posts , recently had a client that wanted a mod to keep from loing their second home the bank was only willing to drop the rate from 6.25 to 6.0. They are giving loans out all day long at 4-5%. a 4.5-5% would have kept them from loosing it but BOA(previou;y countywide) would not budge they said they would rather do a short sale! just keep in mind they will only be able to get 40-50 thousand for this condo and have to eat close to 110,000 plus expenses. maybe the bank don't like the negotiator, but what ever it is they could have lost "30,000 in interest" over the period of the loan and got all the principle money back.  50k vs 230k. so are they making sound decison in this case no! should the home owner got a little more help probably! but why should they care wnen they get bail out money?

Dale
2:30pm • #124
1 Featured Post

If you want this Act to proceed then I would recommend you forward on too your Representatives.  Would love to see NAR involved.  Agreed will not help everyone but no one can say the current scenerio is working.  I necessarilydon't want the gov't involved but there has to be accountability and massive action.

2:37pm • #125

Why does the government have the right to take away the rights of the bank.  There is a contract between the home buyer and the bank.  When that contract is breached, the bank should have the right to reclaim their assets.  The home belongs to the bank after all...not the buyer.  It is the fault of the buyer if they default, they should have put money away for a rainy day, and if they could not do that they should not have over stretched their finances.  It's sad that so many people do not take care of their financial obligations but it's not the banks fault.

Kevin
2:55pm • #126

This should help the hardest-hit states like Nevada, California, Florida and Arizona. Only time will time if this was a good move or not.. Let's pray for the good.

3:11pm • #127

BANKS DON’T LEND THEIR OWN MONEY,

THEY LEND OTHER PEOPLES MONEY!!

I have read all these comments and I can’t believe what I’m reading!!

I have been in the Real Estate Industry 39 years and cannot understand how a Real Estate Professional could not know how the lending system works.

Basically Banks have always lent money put under their care by you, me and others. That is why they talk about the funds deposited in the Bank being insured to $250,000 by the FDIC.

Bank profit is generated by the spread between what the Banks pay us and what they can get borrowers’ to pay them.

The Banks have a fiduciary obligation to us to try and protect the principal and interest they have agreed to pay.

The Federal Reserve sets the amount of money they have to keep in reserve to insure the repayment of our principal. The Banks can’t summarily give away or forgive what has been agreed in writing to be paid back to the investors (us) without the people who gave them the money agreeing to take less (i.e.: loan modification).

40% of all monies lent in our country came from investors overseas like from: China, Russia, Europe and Asia. How is a law created by our Government going to force them, the ultimate lenders to take less? Who’s going to enforce the collection of those penalties?

If the Federal Reserve dictates the Bank reserve requirements and also determines who is insolvent by whether or not they meet the Federal Reserve’s arbitrarily determined numbers, aren’t they creating this crises and the inability of Banks to have excess capital to lend (TARP funds)?

This means the Federal Reserve is controlling the number of smaller Bank failures. Ideas like this are why no investors are willing to lend in the secondary market to create new financing for anything other than Government guaranteed/insured FNMA /FHA type loans.

The "Preserving Homes and Communities Act" is nothing more than a continuation of the transfer of wealth now going on in our current Government policies. Who do you think is going to be providing the money for?

For borrowers who do not fit into this program, the bill would create a multi-billion national fund for states to make loans or grants in order to prevent foreclosures.

Loan Modifications currently have a 40% failure rate according to the Government.

This policy will only extend the length of time there is a drop of home values across the country as the continual REO determining value mess is extended by the non payment of "loan modifications plan" fail.

Thus providing a continual feeling of no hope for the future by homeowners as they watch the dropping equity in their home investment. Not being told they could go back from the great depression forward and see over time the value of Real Estate has always gone UP!!!

Daniel O. Boor

BROKER/REALTOR

JUMBO DAN
3:26pm • #128

WONDERFUL!  I think it's about time someone does something on behalf of the borrowers...it just makes common sense.  But.... we know that some of these lenders don't have this, do they?  After all wouldn't you rather have the borrower pay something rather than you (lender) have to pay for holding cost, etc.   Great INFO!!!

Gwendolyn Pothier Ward
3:33pm • #129

In 2004 I bought a house. Property went up like 28% per year. I was hoping to live in it for 3 years and then sell it after it doubled in value.

 In 2006 I used the equity to buy a really cool Mercedes-Benz and a new pool for the kids. Life was great. I borrowed money to pay the payments.

Unfortunately, the market dumped and I got stuck with the house.

Now the people who gave their money to the bank so the bank could lend it to me want their money back. They are really upset because they checked my credit and know I used the house that they paid for to live a wild lifestyle. This is just wrong.

I hope this bill passes. That way the people who gave their money to the bank will have to admit they messed up and made a bad investment. If it doesn't pass - I am accepting donations to hire an attorney to fight the evil banks that are trying to take my house away from me.

Please send money - contact my email and I will give you the account number to wire the funds to. I am so thankful for all the people who agree with me that the people who gave their money to the banks messed up and I didn't!

Pass the Mojitos

Phil

3:47pm • #130

Dan,

 

You are correct as I have a chart that even with the highs and lows, Real Estate has averaged 3.3% per year since 1989. Yes there were some huge drop years but there were also some over priced run ups. Anyone in Real Estate should know that the 100 year average is an annual appreciation of 3-6%.

NW GUY
3:52pm • #131

I hear what is being said... but in this market, with banks only giving 1-2 percent interest (am I'm being generaous) on savings or CD's, it is my understanding that Banks make most of their money on FEES they charge YOU and I.  They agree to protect the principle and interest they have agreed to pay, ...then what are they (lenders) getting when a property sits, and sits, and sits?  They go up on Fees,(nickel and dime us), and the principle and interest they have a fudiiciary responsibility to pay us, becomes null and void so to speak.  Huge Spread....You pay me 1 percent or less, collect 4-8 percent ???   It would be interesting to learn WHY 40 % Loan Mods Fail.  This would be something to explore!

Gwen
3:52pm • #132
112,701 Points

I think this is great.  The banks, along with Congress (most notably the repeal of the Glass-Steagal act via the Gramm-Leach-Bliley act of 1999), got themselves into this mess.  And we the taxpayers have had to get them out of it.  Well as a taxpayer I think it is great that we lay down some rules.  If it weren't for us, there'd be no them.  Great post and best of luck to you Claudette.

3:58pm • #133

I think in some cases it will work, but for the most part loan mods fail for a reason...... people don't want to stay.  They don't need modified terms, they need reduced principal so they stop being underwater.  Just because the payments are affordable, doens't mean the lost equity will return.  whether they take a hit now or take a hit later, they still take a hit.  Thanks for the info!

4:32pm • #134

From the other side of the fence. How happy would realtors be to have a bill in this heavily Democrat congress that says they need to go back and refund ALL the commissions they earned selling homes to people who qualified at the time but don't qualify now?

How many Buyer's Agents should be held liable for getting their buyers into a home they can't afford because they lost their job. How many realtors "should have known" their buyers were likely to lose money when prices hit historic high points? After all, we know now that it was inevitable, right?

Be careful who you are willing to penalize because the market tanked. You may be next!

4:59pm • #135

Dear Jumbo Dan:

I've recently entered my 39th year as a real estate professional, and I too am astounded at the professional incompetence of so many who hold themselves out as real estate professionals.

You are absolutely dead-on correct about the workings of the banking industry, and what will result from the continuation of the voracious destruction of the US capitalist economic system by the US federal government. I, for one, am unwilling NOW to put my money at risk in any meaningful way, as I have NO CONFIDENCE in the return of, much less the return on my money.

It seems that the failures and inadequacies of the government education system have finally resulted in the inability of the masses to understand the legal constraints of government in the US; to wit, the majority of the comments on this topic.

Perhaps, a reading or review of the Adam Smith book, "An inquiry into the Nature and Causes of the Wealth of Nations," along with a healthy dose of Ayn Rand might help. But, I fear, we're too far down the road of socialism for those to be of any meaningful benefit.

5:14pm • #136
133,924 Points 9 Featured Posts Localism Sponsor Outside Blog Hit Router

To all who have responded to this post:

Thank you all for your insightful and thought-provoking comments.  

I have been out all afternoon and have returned to everything that has been stated here.  I apologize for the fact that I cannot answer each comment; however, I have read all of them.  I have not been around Active Rain for very long but the passion, intellect and interaction that takes place here still astonishes me, and, in a good way. 

Although I have my own opinions, I do learn from reading everyone else's.  And, if nothing else, this demonstrates how much heart there is in the real estate community.  

Some of you have mentioned that you have seen some of these programs already set up in your states that have not worked and one agent in Connecticut said that it is too early to know if theirs has been effective.  I think that is useful information and time will tell if this is going to work out on grand scale. 

My heart goes out to the stories here of Realtors who have lost their homes to foreclosure. That is something I am sad to hear about, coupled with the fact that this program would be too late for you.  And, about John who is 64 and is worrying about his children's future.  I think that many people are in that state of mind right now. 

Evelyn - no apologies necessary.  I am fascinated by everything here so those comments are fine. 

What I have gleaned from the information I have read about this bill is that it is not that the government wants to force the banks to make loan modifications but that their intention is to force them to look at and evaluate each situation to see if, in fact, loan modification is a better solution than foreclosure.  Whether or not that will work out - only time will tell. 

Like all of you, I will be watching with interest to see how this is resolved. 

Once again - thank you for all of your contributions to this important discussion.

 

6:16pm • #137
245,058 Points 1 Featured Post Outside Blog

I will join the dissenters on this one.  This would be a bad thing for America.  I see this as a process that could blow up in many Honest American's faces.  We have enough government in the middle of 'free enterprise'.  As someone above mentioned - Barney Frank is one of the key authors that got us in this mess in the first place.  Should this pass, WE will be on the hook for billions more that we simply cannot afford.

Look at the billions already handed out that we will never see a dime back on to the various financial institutions (to include Freddie and Fannie) and the auto industry.  Enough is simply enough.

When does it end?  Do we retro this?  Do we give Honest Folks who lost everything their homes and their 401K's back?  Who is the judge and jury on who is Honest and who is not? Acorn? (Sorry, couldnt help myself on that one).

Seriously, we need to step back and let our economy fix itself.  The dollar is currently a joke on the global market - it will only get worse if we don't start holding people accountable and that includes the corrupt politicians and corporate executives.

 

6:18pm • #138

Durbin is a crook but that's a different subject. 

I am sorry to say I don't feel that this will ever get off the ground. There's one guarantee of complete failure will be the government getting involved to force the issue. It's a sad fact that the banks just don't want to cooperate. There are also legal thoughts as to whether they can legally modify a loan that's been sold to an investor. Someone will challenge that in court soon. IMO.

7:33pm • #139
1 Featured Post Localism Sponsor Outside Blog

Claudette,

 

Thanks for a very informative post, and for your very tolerant responses to some very condescending posts.  Although I haven't "been in real estate for 39 years," I can't understand how a bill to make banks look more closely at loan modifications should be a problem.  We all know that they're not doing a good enough job of that, and the whole market is paying the consequences.  

I think too many people are quick to place full blame on greedy banks and corrupt lawmakers and socialists and fascists!  Seriously?  Are we just supposed to do nothing? Although are are many cases of irresponsible buyers, there are many more cases of hardworking folks who had a job loss, major illness or other mitigating factor.  My first reaction is to embrace efforts to try to fix the problem instead of labeling this (bipartisan) bill as yet another socialist tactic to have government take over everything.

Also, thank you Andy Leitzow for your comments in post #87.

 

And thanks, Claudette for your efforts and level-headedness!  I am a new subscriber to your blog!

8:47pm • #140
2 Featured Posts

I, for one, shall not blindly place my trust to fix a problem in those who helped create it.

Doing nothing seems a far better option than to believe we can get out of a hole by continuing to dig. Although this thought process does follow our current adminstration's policy of thinking it can spend its way out of a recession.

Methinks not.

9:20pm • #141
133,924 Points 9 Featured Posts Localism Sponsor Outside Blog Hit Router

Melissa:

Thank you for your comments and concern. 

I don't take the comments personally. (I didn't write the bill - I've only written a blog post informing about it.)  I know that people are passionate about these issues and they need to vent. And, this is obviously one place to do that.

I do agree that banks need to do a better job of addressing these loan modification requests. If they are going to turn them down with a valid reason, that is one thing.  But, I think what has been happening is that they are being ignored or dragged out for many months and that is what I think this bill is trying to address.

As a result of writing this post, I received a call this evening from a lady, a senior citizen in Georgia who is losing her home.  She is 69 and her husband is 72.  He has been diagnosed with cancer but has gone to take bar tending training to try to look for work to save their home.  She said that she tried to work out something with her bank and they put her into a program where her payment is now higher.  

All I could do was listen to her to try to make her feel like she was not alone.  I stepped through how to contact her congressman and looked up legal aid for her.  I could not solve her problem but she appreciated having someone to talk to.  It made me realize how far-reaching this medium is just how much good it can do to just be there for someone. 

There are so many stories out there...

 

10:05pm • #142
402,478 Points 3 Featured Posts Localism Sponsor Outside Blog

I think forcing the banks to negotiate "sensibly" might make sense.  The problem is who would decide what is sensible?  Additionally, is it fair to take the right to make a decisin from the investors?

I'm not saying I'm in favor of the lenders continuing as they are.  I'm assisting clients who are frustrated with the banks each day.

I wish I knew what the right answer was. 

11:31pm • #143

Thank you for your post. If I'm not mistaken, one of the reasons the banking industry got so much money so quickly from the stimulus package was for them to try to help American homeowners keep their homes. If they received money to stay in business, homeowners should be treated with understanding, especially if they are responsible borrowers who have been hit by hard times.

Denise Sewell
11:36pm • #144
OCT
08
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"help for seriously delinquent home owners'   THIS IS THE SCARY CLAUSE

 

Help needs to be there for current UPSIDE DOWN  home owners.  Seriously delinquent only encourages people to stop paying thier mortgage.

When 40% or more in my community are 25 - 50% upside down -- ability to pay current mortgage losses its luster as homes selling next door sell for half as much.

Stop foreclosures -- all short pays to ALL home owners.

12:12am • #145
6 Featured Posts

Modification is failing now because the companies that banks SHOP OUT THEIR LOAN MODS OUT TO don't give a flip if they fail or not. These subcontracting debt mitigators hire morons who can't add up a grocery bill to save their lives or see the value of keeping a person in their homes. To give banks more money and 'force' them to modify would beg the question of who is being paid for what. The system is overwhelmed with applications and nobody is employing experienced underwriters and accountants with brains to do the thinking needed to move things along!

12:43am • #146

This is madness.  The country is broke, the dollar is in the dumper and all the government can think to do is bend the lenders over a barrell and put a soon to be outlawed gun to their head.  Sure, I have feelings for people who are loosing their home but how does it help them to drive the lenders out of business and to further deepen the chasm known affectionately as the national debt.  Who is going to lend money once the likelyhood of governmental retaliation reaches 100%?  Who is going to bail out the banks, again, because our legislatures are being just as irresponsible now as they were when FANNIE and FREDDIE were trying to make housing affordable for everyone?  One of our smarter members posted a piece last week saying the two biggest reasons homes are going into foreclosure are unemployment and market value.  Read "market value" as "I am tired of paying a $200,000 mortgage on this piece of junk house I haven't fixed or maintained since I bought it so now that it's only worth $125,000 I will just walk (and hope I can sell all the stuff I had almost a year to strip out of the place). I'll just walk away and rely on the government to fix everything".  Or how about this idea, lets get some real job stimulus going instead of the shame that is being perpetrated by our elected megalomaniacs.

4:50am • #147

Evelyn Santiago,

Apparently you have not read the Wall Street Journal editorials in the past, explaining how government sponsored (NOT PRIVATE) Fannie Mae and Freddie were taking risks FAR BEYOND those of the private companies

 

http://online.wsj.com/article/SB1014169323358510560.html

 

It seems that Fan and Fred, two "government-sponsored enterprises" that hold the majority of all home mortgages in the U.S., have been growing their debt at an annual rate of 25%. They now have about $2.6 trillion in debt outstanding, a big number in any case, but really big considering that taxpayers are on the hook for it. The budgeteers also expressed some anxiety about Fan and Fred's increasing dependence on derivatives.

 

and another quote

Last year, Fan's debt/equity ratio was about 60 to 1, more than five times the average for commercial banks. Moreover, as mortgage lenders, Fannie's equity can hardly be said to be well-diversified. Risk thus becomes a critical question.

This article was written in 2002, a while before the mess we are in now came to fruition.

So, Governmtn IS the problem in this case.  A BIG problem.


Regarding fixing Real Estate Agent's comissions, you say:

we Realtors on the other hand may spend hours and hours working with buyers, marketing a listing, doing a short sale and may never get paid but that is the risk we take

Yes, but the banks are in the same boat, are they not?  They took the risk by giving the money they have been entrusted with to the buyers and the buyer is now not paying them.  Why can't they sell the collateral?  Why should they be required to TRY to keep that buyer in their house?

How would you, as Realtor, feel is you have been forced to help the buyer until THEY decided to buy a house?  What if you could not say "NO, Mr. Buyer, I'm not going to drive you around the whole metropolis for free"?

 

Oh, and if the buyer found a house they liked, but could not come up with all downpayment, why should YOU not be required to reduce your comission so that the buyer can get the house they want?

 

Be compassionate here!

Private
6:56am • #148

Sterling Mortgage, you are right now.  Further more, I know people who blame Real Estate Agents for the rising prices.  Realtors, they say, should not have been listing the houses so high.

 

After the government deals with banks, I think Real Estate industry could be next.  just watch.

Private
7:00am • #149

Sterling Mortgage, you are right on.  Further more, I know people who blame Real Estate Agents for the rising prices.  Realtors, they say, should not have been listing the houses so high.

 

After the government deals with banks, I think Real Estate industry could be next.  just watch.

Private
7:00am • #150

Claudette - It it compassion for their constituents or is this bill coming around now due to the fact that the "upper income" brackets are now being hardest hit with foreclosures and loss of value.

There should have been stricter guidelines in regards to the bail-out money as well as how foreclosure were to be addressed after the money was wired into the banks accounts. If the program had the same guidelines as "CASH 4 CLUNKERS" than the financial institutions should not have received bail-out money until the paperwork for the successful loan modifications had been submitted to the government.

I gaurantee that many more load mods would have been a success if this was the case

8:17am • #151
1 Featured Post Outside Blog

Current situation has nothing to do with compassion! And I am a compassionate person...

The question we need to start with is how did we get here...When you FORCE the system (banks, lenders etc)to go against common sense, goodbbusiness practices (read: lending money to ppl who don't qualify, who don't have an intent to repay, who overextend, or who are in whatever minority or majority) that is interfering with free market and creates imbalance...one cannot expect a good return on investment if it was 'doomed' from the start!

We are all paying for this compassion and more regulations are forced on industries and private investors...in the end you have to pay the Piper!

With smiles,

Bo in Yukon

8:53am • #152

Ryan Servatius,

With regards to your comment below,

"OK, Ill play the devils advocate on this. What does the person who pays their bills on time get out of this?  I am all for keeping people in their homes and nothing is worse than a family being uprouted, but what is the benefit for paying your bills on time in this day and age???"

Ths is when society gets in trouble - it's when people say "What's in it for me?" Instead of saying asking that selfish question, we should always look for opportunities to help others.
Joel Javan
11:26am • #153

Ryan Servatius,

With regards to your comment below,

"OK, Ill play the devils advocate on this. What does the person who pays their bills on time get out of this?  I am all for keeping people in their homes and nothing is worse than a family being uprouted, but what is the benefit for paying your bills on time in this day and age???"

Ths is when society gets in trouble - it's when people say "What's in it for me?" Instead of saying asking that selfish question, we should always look for opportunities to help others.
11:28am • #154

Joel, it's great that you are willing to help others.  Noone is against helping others, and that is why you'll find CONSERVATIVES as a whole donating MORE of THEIR money to charities, churches, etc...

 

The problem WE have is when we are FORCED to help the irresponsible.  And the society is truly in troulble when the bad choices are exused and those who have made the RIGHT choices are punished by being forced to bail out those with poor choices.

 

Btw, I can't qualify for a mercedez right now.  Will you help me buy it?

Private
11:34am • #155
262,409 Points 7 Featured Posts Localism Sponsor Outside Blog

Wow, what a discussion you tripped off Claudette!

What I'm seeing as a common denominator, even for those who would favor legislation, is a general distrust of government to take care to do it right. 

Don't lose that distrust.

An all-powerful centralized government was never the intention of our country's founders (even the ones who later went on to lead the "Federalist Party").  To a man they viewed a central government as a necessary evil to deal with internation relations and common defense.  This country was founded as an assembly of sovereign states coming together in the common cause of liberty.  Everyone in the room at the time knew that a powerful central government was an enemy to liberty.  Unfortunately, here we are today with a distracted populace and a more-hungry-than-ever central government.  That's why I can't trust anything that is proposed (especially from members of the central government whose character and actions are subject to reproach) by any of the branches in Washington.

Folks, the ultimate answer to this crisis is going to have to come from communities and neighborhoods, people coming together to help those people like the couple that called you, Claudette

We've got the realize that feeding more power to a power-mad central government isn't a good long term solution.  I just wish the states would step up as the sovereign powers they are.

OK, 'nuff political analysis...

 

12:58pm • #156

I guess Durbin didnt get the message that HAMP has met modificaiton goals prior to the Nov. 1 deadline. This just proves that it is never going to be enough. From the National Mortgage News:

 

HAMP Meets Obama Loan Mod Target

Servicers participating in the Obama Administration's Home Affordable Modification Program have placed over 500,000 borrowers in trial modifications, according to government officials, meeting a benchmark goal several weeks before the Nov. 1 deadline. Administration officials and HAMP servicers are meeting in Washington and they are expected to agree on new streamlined documentation requirements for the loan modification process. Preliminary numbers show HAMP servicers have picked up the pace of moving troubled borrowers into 90-day trial modifications. In addition, some of the modifications are being finalized. Wells Fargo Home Mortgage said it has done 63,000 trials and completed modifications in September, up from 33,200 trials in August. "We have remained focused on exceeding our share of the government's goal to reach 500,000 Home Affordable Modifications by Nov. 1," WFHM co-president Mike Heid said. Bank of America said it has close to 95,000 borrowers in trials, up from 59,900 in August.

1:22pm • #157

Many keep saying, "Let's help others..." WHAT ABOUT THE FUTURE GENERATIONS? How about helping your kids and grandkids, instead of leaving them buried in debt?

I'm all for helping out someone down on their luck, but the truth is, we all are losing something right now. Everyone's 401Ks are tanking, educational funds are drying up, early retirement plans or ANY retirement plans have dissolved into thin air as house values have plunged. Everyday, people are praying, "Please just let me stay healthy or keep my job." So, should we try to bail out all those people who are at the bottom? What will happen to my children's futures if the government does that? Unless you are willing to reach into your pocket and hand them actual dollar bills to get their heads above water, then it's most likely a futile cause. Instead, the government (who has to get the money from SOMEWHERE, right?) raises taxes, and instead of the dollars going to directly to the people who need it, they go to the government program, where that black-hole program eats it up and spits out a teeny-tiny little "solution" to everyone's problems.

I feel for the story about the elderly couple, one with cancer, one in bartending school...but in helping them, my kids will suffer the consequences. MY KIDS. I really don't care about me. What I think is we all, as a country, have to take the hit now, and take it hard. We have to 'man-up' and bring all this spending under control. The elderly couple should go live with their kids, niece, whomever. They should solicit their church for help. Their house shouldn't be saved with my kids' futures.

Janice B.

2:06pm • #158
Outside Blog

Seems to me there is something fundamentally wrong with this. The politician's intentions are good but I can't understand how, in the United States of America, that the government can force a private business to change the terms of a perfectly legal contract to that business' determent. If we start going down this road where does it end? Just throw contract law out the window? I'm thinking that if this were challenged in court that there is no way that the banks would lose.

2:25pm • #159
113,209 Points 1 Featured Post Outside Blog Hit Router

The only reason they are doing this is to avoid the next three or four waves of foreclosures coming soon.

8:39pm • #160
263,078 Points 3 Featured Posts Outside Blog

Claudette,

Mortgage lenders have undoubtedly been dragging their feet on loan mods and perhaps this bill will make a difference. There are still plenty of foreclosures on the horizon, so it isn't too late.

9:44pm • #161

I urge every Realtor to support the new Preserving Homes and Communities Act to force banks and lenders to address loan modifications with homeowners now.  The rate of foreclosure is staggering and will continue to rise.  In Phoenix, our foreclosure rate has increased 85% this month alone.  Homeowners need your help now.  It is appalling what the banks are being allowed to do after the bailout by the tax payers!  Sellers are waiting up to a year and a half (Countrywide)for approval on short sales of their homes (because lenders will not modify their loans)and the market continues to decline.  Homes a left vacant, many for more than a year,interiors destroyed from vandals and landscaping ruined for lack of water.  This alone, drives the market value of area homes down, let alone the neighborhoods.  We are in a crisis and it is time that our elected officials act now on behalf of the American Homeowner!

I understand that their is no cash benefit for the person that pays their bills on time but the real benefit could be that their own home values stop declining.  The other positive is that you can go to sleep at night without worrying how you're going to make it.  Like many homeowners, I purchased my home for the long term but when pricing decreases from $900,000.00 to $400,000 and I owe $695,000.00 when do we say enough?  Will I ever see my value increase to this level again or at least to what I owe.

I've been a in real estate for the past 27 years and I have never seen anything like this.  I'm not one of the Realtors that made a fortune during the boom because I would not recommend my clients pay over appraised price or take a loan that would only hurt them in the long run but a great many others did!

Is it fair that the 2 sales agents in my neighborhood that purchased 12 homes among themselves and their families and have now walked away go unscathed?  Since the new home sales market has come to a halt they are now working as Realtors preying on the home owners they sold new construction to and advised them to do 125% financing and are now talking them into short selling their homes. Or they lied and let the investor purchase a home they knew they were not going to occupy.

Is it fair that my median sales price was $400,000.00 and the average commission was 3% and now my average sales price is $125,000.00 and the average commission is 2%.

There is one thing in life that I have learned and that is, nothing is ever fair!  So life is not fair.  Suck it up and help your neighbor because it's the right thing to do.  Support and encourage your elective officials to support Preserving Homes and Communities Act!

 

 

Thank you.

Nicki Pousson
10:46pm • #162
OCT
09
296,133 Points 42 Featured Posts Localism Sponsor Outside Blog

At what cost?  Billions of dollars coming from whom? 

America has been down this road already- it was called the Great Depression of 1929.  Exactly, how much control do you want the govenrment to have? Some of it, most of it or all of it?

"We the people"  have no say in this matter.

5:04am • #163
Outside Blog

KUDOS to #110 121, 156 and 158 --- and all the others who want to help, but want the feds to stay out of it!  And while I don't care for the tone of #46, he's essentially correct.  Our Fed Govt was never intended to do anything except preserve our Constitution and protect us from our enemies.

And, folks, GIVEAWAYS HURT EVERYONE!  They are the lure that enslaves and destroys the will of otherwise good people. 

MY GRIPES:

I'm furious that lenders were "forced" to give loans to people who would not normally qualify

I'm seriouisly pi__ed that lenders tried to increase their profits with such a risky move as packaging mortgages and then selling them as securities

I feel betrayed by Paulson et al for not doing their jobs and then pushing the panic button (I really think he just wanted to help out his friends in the financial industry)

I could kick myself for voting for someone who was asleep at the switch, giving Paulson the opportunity to do this

While I feel for people who got into loans they didn't understand -- I don't think such naivete should be rewarded -- for then what will encourage such people to be more wary in the future?

[I am reminded of the time I ordered a weight loss product that promised astonishing results -- lost no weight -- and discovered that the "money back guarantee" wasn't worth much because company from which I ordered the product changed their address every 30 days or so.  Won't do THAT again]

MY HOPE:

I hope (and in fact believe) Obama will press his message of personal responsibility while he is encouraging us to share & care.

I  pray regularly for people who "did it the right way" only to lose their jobs and income and now their home thru no fault of their own.  These are the victims

I believe the most important things Americans can do are

1. READ, Folks, READ -- if you don't know how we got here, you're going to be falling for every scheme any lobbyist or poitician comes up with.

2. Think about (at least) doing what intelligent people have always done in the face of a crisis: examine the past so we don't repeat it, batten down the hatches and ride out the storm, and finally embrace the future with more sense and a lot more caution.

3. Reach out and help those you can ... those in your sphere, people you see or hear from.  Remeber the guy with the starfish?  If each of us thinks like that guy, we'll do more (collectively) than any government can do.

4. Keep in mind that our "enemies" won't necessarily plant bombs and carry guns ... some will waive I.O.U.s at our governenment and demand payment in the form of "taking over" our lives.  THAT DISASTER WOULD FAR OUT-WEIGH OUR CURRENT ECONOMIC CRISIS!

One thing seems certain:  I probably won't ever be able to retire!  But then, retirement is a 20th century invention that looks like it may die in the 21st. Anyway, I don't mind working forever since I like what I do -- and I'm hoping if I keep on being being engaged and productive, God will let me stick around. 

 

7:39am • #164

I've noticed that the Govt. NEVER comes up with the idea of drastically reducing taxes or even eliminating tax for a year.

The "answer" seems to be to decide where to spend (read: BLOW) the citizens money on bailing out idiots.

To the poster who thinks Banks loan their "assets held", this would represent 5-10% of all mortgages. Most of the loans I've done were sold before funding and most of those were sold to fannie. So, you might be right in terms of who's money funds the loan but, after a very short time that loan is sold and the funds are returned to the Lender to loan them again!

11:04am • #165

Excellent comments from all sides. Louis (#75 )had some great ideas that could really help.Personally,I'm very happy that my Senator Jeff Merkeley is a co-sponsor of this legislation.

Attempting to modify a loan should help all of us; homeowners who are current or own their homes outright benefit by not having to watch their equity fall due to a rash of foreclosures or short sales which devalue their property. I'd rather see my neighbor stay in their home than see it sit empty, get foreclosed on or worse. Rent backs by the bank should be an option. If a bank already loses during the foreclosure process, then why not attempt to mitigate a % of that loss; that benefits their shareholders, the bank, and the current mortgage holder.

Dawn Barry-Griffin
8:14pm • #166
OCT
10
4 Featured Posts

Just delaying the inevitable and slowing down the correction... the longer it takes... the longer we get to put up with changing rules every four months to correct the last failures...

I think by now... we could have just paid off everybody's mortgage with all of the wasted money...

6:32am • #167
OCT
12
Outside Blog

There are some great comments here.  Here's my thoughts.

A 30 year mortgage is a rip off to the consumer.  The banks that negotiate with a home owner that is going to default will benefit to do a principle reduction and, or loan mod vs selling the asset at a depressed REO price.  If there is no intervention then the market will correct further and the truth that the middle class is already gone will surface.  I have already seen homes selling for 25% of their "peak" values.  Where will it go if left unchecked 2.5%, NO WAY, people are greedy, and have short lived memories. 

"home owners" are really just renting from the banks.  This is just like it was with "serfs and their masters"

We already live in a socialized country. Don't you enjoy having police, fire dept, libraries, social security, free education for everyone, medicare/medicad.  Government intervention (sponsored by wall street) was a major factor in creating the bubble, so whats really wrong with them trying to fix it now?

 Since the goverment has already bailed out the banks, insurance, wall street and auto industry, why should they stop now and not help the consumers.  Help homeowners, the banks have been ripping off the consumers for years.  They don't need any help.

 

7:26pm • #168
OCT
14

A lot of good responses on both sides of the agrument for gov't intervention. IMO the problem with the gov't creating any new bill that requires taxpayer money is usually doomed to fail because 1) Hardly any of them actually reads the bill in it's entirety (that's why they hire assistants); 2) Even when a bill addresses oversight it never gets done correctly until the sh** hits the fan but then the damage is done except for the blame game; 3) Most common sense people know it's a shaky bill when a 1,000 page bill to reported to the floor for a vote with a 24 HR preveiw before the vote (I'm not a speed reader & I always try to disect correspondance before saying aye or nay). I feel that this is the problem our Congress has set up for years w/o considering the unintended consequences of their actions.

I also feel that there are some people out there that are truly trying to do the best they can but there are those that this was a scam from the beginning and had no intention of honoring their contract. There are so many States that have some great programs to help but there are some that are weak. I have an idea that if they are really want to help the homeowners then why not reach out to the States's Attorney Generals had ask for input; then take what works & create a bill as a baseline for banks to follow.

I still feel that instead of throwing all this money into insurance, banks, mortgage & auto industries why not just give the money spent back to the taxpayers and let them spend it on mortgages, cars or whatever and if after that they loose their home so be it, Just my 2 cents.

3:55pm • #169
OCT
21

good

inurl:blogsview site:activerain.com

jim
12:17pm • #174
NOV
20

Great article! My mom was turned down for a loan modification with her lender and was then scammed out of 4k by a company in Florida. She then hired an A rated company in Glendale, Arizona named Mortgage Assistance Group and finally got a real loan modiification. Their information is below. We as consumers should really start keeping track of the good guys in the industry.

Mortgage Assistance Group

www-mag-az.com

623-486-4505

Paul
11:40am • #179
NOV
29

Join a free forum/blog/networking site for Modification Specialists at www.modteam.ning.com and start sharing your modification experiences and knowledge with seasoned industry professionals. Stay up to date on all industry changes and advancements through latest news nationwide as well as other specialist commentary. Ask questions and discuss your personal experiences. Go to www.modteam.ning.com to join this growing network. 

Modification Specialists
9:42am • #181
DEC
05
Outside Blog

C - I think this is such a complicated and tough issue.  It is so hard to hear the calls that I receive everyday, some legit and some not as it seems like there is always someone trying to take advantage of the system.  I think that homeowners losing jobs and not being able to afford their payments anymore is difficult. 

The banks on the other hand are doing whatever they can to make money and get money out of homeowners, as it is an  investment and just business to them and the human element is really not high on their list.  Some banks are still making amazing profits and received alot of our Tax Payer Money, then over 140 banks closed this year.

These are tough times and all I can do as one individual is to help one family at a time.  I also think if we all focus on helping one family at a time than maybe we will actually change things.

7:49pm • #182
JAN
20

Anything to do with loan modifications and the new and expanded gov't programs seem to be focusing on the successes (albeit limited) with relationship to principal reduction.  I expect this to be a theme in 2010.

6:38am • #183

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Claudette Millette - Metrowest Mass Buyer Broker

Ashland, MA

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