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Foreclosure Crisis: U.S. Senate Vote on the Bankruptcy Provision

By
Services for Real Estate Pros with RealEstateLatino.com

On April 3rd, the U.S. Senate debated and voted on the bankruptcy provision, which would allow judges to modify home loans in bankruptcy court.  Today, judges are able to modify loans in bankruptcy for vacation homes but not for primary residence loans of hard working Americans who are at risk of foreclosure.  This proposal was originally drafted as a standing alone proposal by Sen. Durbin of IL.  It was submitted as an amendment.  I am pasting the vote below for you to see how your Senators voted. 

Purpose of the amendment: to address the treatment of primary mortgages in bankruptcy.

Those voting "Yea", voted to table or postpone including this provision in the bill.  In other words, they voted to allow families to continue to lose their homes. 
Those voting "Nay", wanted to include the provision and save 600,000 families from losing their homes.

If you believe that families should be helped in bankruptcy court as a means of last resort, please contact your Senators and let them know.  Senators have been visited by banking/financial services and trade association lobbyists who got us into this mess, who sold poisonous loan products to consumers, who want to be rescued by government, and who do not want government to regulate their business.  Senators need to hear from affected families and from constituents!

Source: U.S. Senate, Roll Call Votes
http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=2&vote=00088

Grouped By Vote Position

YEAs ---58

Alexander (R-TN)
Allard (R-CO)
Barrasso (R-WY)
Baucus (D-MT)
Bennett (R-UT)
Brownback (R-KS)
Bunning (R-KY)
Burr (R-NC)
Byrd (D-WV)
Carper (D-DE)
Chambliss (R-GA)
Coburn (R-OK)
Cochran (R-MS)
Coleman (R-MN)
Collins (R-ME)
Corker (R-TN)
Cornyn (R-TX)
Craig (R-ID)
Crapo (R-ID)
DeMint (R-SC)

Dole (R-NC)
Domenici (R-NM)
Ensign (R-NV)
Enzi (R-WY)
Graham (R-SC)
Grassley (R-IA)
Gregg (R-NH)
Hagel (R-NE)
Hatch (R-UT)
Hutchison (R-TX)
Inhofe (R-OK)
Isakson (R-GA)
Johnson (D-SD)
Kyl (R-AZ)
Landrieu (D-LA)
Lieberman (ID-CT)
Lincoln (D-AR)
Lugar (R-IN)
Martinez (R-FL)
McCaskill (D-MO)

McConnell (R-KY)
Murkowski (R-AK)
Nelson (D-NE)
Pryor (D-AR)
Roberts (R-KS)
Sessions (R-AL)
Shelby (R-AL)
Smith (R-OR)
Snowe (R-ME)
Specter (R-PA)
Stevens (R-AK)
Sununu (R-NH)
Tester (D-MT)
Thune (R-SD)
Vitter (R-LA)
Voinovich (R-OH)
Warner (R-VA)
Wicker (R-MS)

 

NAYs ---36

Akaka (D-HI)
Bayh (D-IN)
Biden (D-DE)
Bingaman (D-NM)
Brown (D-OH)
Cantwell (D-WA)
Cardin (D-MD)
Casey (D-PA)
Conrad (D-ND)
Dodd (D-CT)
Dorgan (D-ND)
Durbin (D-IL)

Feingold (D-WI)
Feinstein (D-CA)
Harkin (D-IA)
Kennedy (D-MA)
Kerry (D-MA)
Klobuchar (D-MN)
Kohl (D-WI)
Lautenberg (D-NJ)
Leahy (D-VT)
Levin (D-MI)
Menendez (D-NJ)
Mikulski (D-MD)

Murray (D-WA)
Nelson (D-FL)
Reed (D-RI)
Reid (D-NV)
Rockefeller (D-WV)
Salazar (D-CO)
Sanders (I-VT)
Schumer (D-NY)
Stabenow (D-MI)
Webb (D-VA)
Whitehouse (D-RI)
Wyden (D-OR)

 

Not Voting - 6

Bond (R-MO)
Boxer (D-CA)

Clinton (D-NY)
Inouye (D-HI)

McCain (R-AZ)
Obama (D-IL)

Russ Ravary ~ Metro Detroit Realtor call (248) 310-6239
Real Estate One - Commerce, MI
Michigan homes for sale ~ yesmyrealtor@gmail.com
This is more than just saving homes.  Many banks are financially unstable.  Why should they take further financial hits because a consumer wanted that big new house or a house that was out of their price range. Why should average Americans that pay their mortgage be forced to absorb higher rates to pay for past foreclosures in bankruptcy.  
Apr 05, 2008 11:55 PM
TeamCHI - Complete Home Inspections, Inc.
Complete Home Inspections, Inc. - Brentwood, TN
Home Inspectons - Nashville, TN area - 615.661.029

The banks got themselves into this mess by all the creative financing that was conducted years ago. I do not feel that we (the tax payers) should bail out the banks.

Apr 06, 2008 12:02 AM
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!
Hi Bill, we have to vote for responsible government and those representing us.  Our lending regulations and requirements are what allows people to buy more....people always want more than they can have or pay for...yet with proper regulation and guidelines many of the issues the country faces would not be an issue if controls responsibly.  I feel bad for the honest working families that have been manipulated and sold a dream that was flawed and full of holes.  Thanks for the update Bill.
Apr 06, 2008 01:06 AM
Chuck Carstensen
RE/MAX Results - Elk River, MN
Minnesota/Wisconsin Real Estate Expert
I am not sure what way I would want them to vote.  I would like to hear more opinions on this.
Apr 06, 2008 01:28 AM
Roy Kelley
Retired - Gaithersburg, MD

If the courts are allowed to modify the terms of mortgatge loans, we will all pay the price with higher interest rates because of the increased risk to the lenders.

Home owners are already using bankruptcy filings as a way to stop foreclosures actions. They already have payment plans available to them when they are in bankruptcy. 

Apr 06, 2008 07:41 AM