I almost didn't post this here, but did remember saying in my last post, that there would be a follow-up.  So with that said, if you enjoy what I have to say here, please visit me for future updates at Marc's Corner.

Welcome back to Marc’s Corner –

As I’d mentioned in my previous post, we are going to discuss the American Housing Rescue and Foreclosure Prevention Act, which in some circles is know as the Bank and Builder Bailout Act. Hmmm, imagine that!

There are many aspects to this bill and for our purposes we will only touch on a few major ones and they’ll be discussed in no particular order. The supposed major gist of the bill is to help alleviate foreclosure to many homeowners. The numbers are pegged by the House at 400,000, but this is skeptical at best considering that this is a voluntary measure on behalf of the lenders.

How it would work is that the Mortgage Lender would have to agree to take a loss on the existing mortgage. They would have to reduce the loan balance to 85 percent of the home’s current value. A new mortgage would then be written at a lower interest rate and insured by the FHA (Federal Housing Administration). This is all considering that the homeowner will be able to afford this new loan.

Now, this may seem great for the homeowner and I’m all for keeping them in their homes. But, the lender in many cases could be able to recover more money than they would in a costly foreclosure. So here we are possibly helping the lenders who helped create this mess save some money and not penalize them more. Does anyone else have an issue with this concept?

One of the supposed purposes for this bill is to shore up housing prices because they have declined quite a bit in most of the country. This just cannot be the case. The market will correct itself as it has done so in the past. Pricing, as anyone who took Economics 101 knows, is matter of supply and demand. Governmental action can do nothing to change that unless it can reduce supply or increase demand. Just like the Economic Stimulus package could do little to infuse life into the economy.

Another aspect of the bill is to give a tax credit of up to $8,000 for first-time homebuyers who buy a vacant home in the next year. While this is good for our neighborhoods in that a vacant home will now be occupied, I think it creates a great inequity to the home seller who has taken care of their home and paid all of their bills on time. Why should they be made to suffer any more than necessary? The drop in prices, so-called short sales and foreclosures all around them are enough, they need not incur more hardship.

One other item in regard to these proposed tax credits. The bill itself creates a shortfall of over $2B, thus adding more to our deficit.

There are definitely some good things that are coming out of this and some ensuing bills. One is for the establishment of an independent regulator to oversee Fannie Mae and Freddie Mac in addition to their overhaul as well as that of the FHA. It would also provide $4 billion in grants for states and municipalities for rehabilitating foreclosed properties to be used for affordable housing.

Now, this is not all for free to the rescued homeowner, and that is rightly so. They will have to pay a 1½% annual insurance premium and if the home’s value increased and they decided to sell or refinance, then they would have to share the profits with the government. This is a concept that was proposed by John Vogel, Jr, a professor at the Tuck School of Business at Dartmouth, that I wrote about in the post, Foreclosure Plan – Is this a Panacea or a Step in the Right Direction?

While this bill may help some, it is not a cure all.

I would like to think that our legislators are doing this to help our fellow man and neighbors, but it’s more than likely not and that they are going this route to save their rear ends in an election year. Sad to say but true for too many of them. But then that’s a horse of another color.

See you next time at Marc’s Corner.

Marc It Sold!

 

10 Comments on The American Housing Rescue and Foreclosure Prevention Act

There are so many things about these rinky-dink so called solutions, I can't even stomach to write them.

 

07/06/2008 07:05 PM by Lenn Harley, Homefinders.com, MD & VA Real Estate


[One is for the establishment of an independent regulator to oversee Fannie Mae and Freddie Mac in addition to their overhaul as well as that of the FHA. ]

They already HAD a regulator- the OFHEO. How does adding another governmental agency improve the situation?

FNMA and FHLMC work at the behest of the federal government. Their actions were based on the president's and Congress' zeal to "expand the American Dream."

If you think more regulation will solve the problem, see what Warren Buffett said about this issue a few months ago:

http://money.cnn.com/2008/04/11/news/newsmakers/varchaver_buffett.fortune/

Will they shutter the OFHEO?

When you expand the regulatory capacity of the federal government, how often do they shut down operations when they're no longer needed?

07/06/2008 09:32 PM by robert michon


Lenn -  Believe me I understand where you are coming from in that I've only scratched the surface.  It's a very sad state of affairs.

Robert - I have to admit that there is quite a bit of truth in what you state.  But I think there is a difference in regulation and oversight and it's more than semantics.  Yes, this is supposedly called 'an independent regulator.'  But it appeared to me that it was more of an oversight.  Besides the fact, that these agencies need a major overhaul.  I think we can all agree upon that.  Look at their recent histories.

07/07/2008 07:58 AM by Marc Grossman, GRI - Central Florida Real Estate Specialist (Keller Williams Premier Realty)


Marc, great write-up! I saw the Congressional Budget Office report with the 400,000 number, but I think that's off.  They've only worked with Alt-A and Subprime for one thing. Another thing is that they envision only a portion of those eligible moving into the program, but it's setup for the lenders, the lenders will of course move borrowers into this program as it saves them money by offloading the bad loan to tax payers.  The cost is going to be much higher than CBO estimates IMHO.

07/07/2008 06:55 PM by Caleb Mardini (M2M)


Caleb - Thank you very much!  You know it only too well!  The sad thing is that this will pass the Senate and head to the President's desk.  The long and short of it is that we're screwed and big business will get another break added to their long list.  The problem with all that is that there is no reason whatsoever for them to learn a lesson and we'll again pay for it. 

I believe in capitalism and democracy, but I also expect to have the interests of the majority of people upheld, not that of the large campaign contributors.  This needs to be stopped now.  Our best interests are being trampled.

07/07/2008 07:50 PM by Marc Grossman, GRI - Central Florida Real Estate Specialist (Keller Williams Premier Realty)


Marc - Solid stuff man, you should think about public office.  It would help if we had folks in there who understand Real Estate.  That's one of my main concerns in them getting involved in any level at all.

There's lots of stuff to digest with this one, I'm bookmarking to re-visit later.

07/08/2008 04:33 PM by Jason Sardi, Pennsylvania Mortgage Broker (First Choice Equity Group Inc.)


Jason - Thank you very much for your kind words and support, but I don't think public office would be a place for me.  Besides, I like what I do all too much!  But I do have to agree with you, too many of our legislators have no unearthly idea of the ramifications of what they do.

07/08/2008 08:16 PM by Marc Grossman, GRI - Central Florida Real Estate Specialist (Keller Williams Premier Realty)


Great stuff...just what i wanted to know...I have a question regarding the tax credit. If someone buys a home, which is owner occupied, however the deal takes some time, does that count as a vacant home? If not whats the definition of a vacant home.

 

07/24/2008 12:18 AM by Samir Savla


[If someone buys a home, which is owner occupied, however the deal takes some time, does that count as a vacant home? If not whats the definition of a vacant home.]

As Marc stated, "Banker and Builder Bailout Act" would be a more accurate name.

I have not read that portion of the bill yet, however, rest assured, the definition and interpretation of "vacant" will be constricted/contorted/narrowed to mean only bank- and HUD-owned properties.

So, please don't move out of your home to "take advantage" of this bill.

Marc, I'd be curious to see your comments on the add-on that gives second lienholders a chance to grab a piece of future appreciation.

http://foreclosureresolutioncenter.com/blog/2008/05/30/foreclosure-legislation/the-american-housing-rescue-and-foreclosure-prevention-act/

 

07/27/2008 12:18 PM by robert michon


Samir - I don't think that would fall under the category of a vacant home since it was contracted while owner occupied.

Robert - That doesn't surprise me in the least and I kind of expected as such.  But, I must admit that I'm gald that they decided on a tax credit as opposed to a tax refund, etc.

 

07/28/2008 05:30 PM by Marc Grossman, GRI - Central Florida Real Estate Specialist (Keller Williams Premier Realty)


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Real Estate Agent: Marc Grossman, GRI - Central Florida Real Estate Specialist (Keller Williams Premier Realty)
Marc Grossman, GRI - Central Florida Real Estate Specialist
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