Million Dollar BillsI would strongly urge lenders, banks and investors to consider agreeing to adjust notes back to the start rate on the adjusting and ballooning mortgages (or the start rate +.25% or .50%).

Don't pay them any incentive or "bailout" to do so.

They made the bad loans or let them be made. Let them take some responsibility for those actions. The result would keep a huge number of people in their homes who otherwise would lose them, preserve the value of the collateral and help minimize future defaults.

True, the investors will get less return than they hoped. But they aren't likely to see their hoped for return on many, if any of these loans anyway. What is better, some return, or none? In real life, if you lend money to someone who you know likely won't pay you back, you usually get nothing.

Bailing out Banks, Lenders and Investors is the worst possible message that can be sent to the American Public. The American Public (Um. And the American Government) makes enough poor financial decisions on its own, without needing encouragement that someone will be there to bail you out for your poor choices.

Fiscal responsibility needs to be taught and practiced by the government and corporations, not just the American People.

There should not be a double standard:

  • One for the American people - "Too bad, you lose, you're on your own for the bad choice you made."
  • And another for the government or corporations "This stinks, here, we'll just print more money or increase the national debt to cover your stupidity."

Telling institutions they can ignore rational and reasonable practices and still be rewarded is ridiculous.

That's the same story these institutions were selling all those borrowers when they sold them into the loans they shouldn't have gotten into. It's time for everybody to put the greed away and sit down at the table to talk rationally and realistically.

A compromise that doesn't require a complete overhaul of the system would benefit all parties in the long term.

It would be an acknowledgment by all parties that "Yes. We made bad decisions. We all risked more than we were able to bear. We are all to blame. In consequence, we will all give or receive something worse than what we hoped (gambled) for initially."

  • Investors get: Lower return than they thought (Not too bad considering if people could refinance their places at lower fixed rates, a portion of this problem would have already been resolved.)
  • Lenders get: Fewer (questionable) loan products than they had before. (This has already happened, and is a GOOD thing!)
  • Borrowers get: A higher payment than their start rate, but one that gives them a "chance" to keep their home and pay back their loan honorably.
  • Future Borrowers get: To save up a down payment for a home, and to learn to use credit wisely and appropriately, thereby reducing the likelihood of another round of this "breakdown" occurring in their lifetimes.

Lenders and Investors should not be the only ones who benefit from a government bailout.

Borrowers need relief as well or any bailout will just be more money thrown at institutions who have proven they have a tendency to make bad financial decisions when the potential reward for doing so, however risky, is great.

I know this won't solve the entire crisis, but sitting down and looking for reasonable and rational compromises is better than just throwing money at the problem. Simply throwing money at it without a long term strategy that successfully addresses the needs of all parties involved will just make things worse down the road.

 

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38 Comments on A Possible Solution to the Real Estate/Mortgage Crisis

OCT
01
2008

I tink you are absolutely right about fiscal responsibilit, however the time for this has come and gone.  Now we are in a situation where all credit has virtually been suspended.  The interest rate between banks loaning to other banks has ballooned from 2.5% on Tuesday to now at 7%.  This means banks are afraid other banks will not survive to repay the loan.  The "Credit Crunch" must be solved or this country's whole economy will collapse.

Ted

3:36pm • #1
222,885 Points

I hope someone can figure out a solution to this and fast! It would help everyone!

3:40pm • #2
167,563 Points 15 Featured Posts Outside Blog

Thank you for the post.  I agree with you wholeheartedly. We have made it too easy for people and entities to escape their obligations. Your proposal creates a "win-win" for everyone.  I think that this should have been done at the very beginning of this whole mess to avoid our current situation.

 

I do not understand why others do not see it the way that we do. It make me wonder who those in Washington are really trying to help.

 

 

10/01/2008 03:37 PM by Dawn Isenhower (Coldwell Banker West Shell)
4:25pm • #3
167,563 Points 15 Featured Posts Outside Blog

That's not a bad idea; but, many home owners would probably want to renegotiate their terms. Perhaps, the home owner should incur some penalty for being granted this option? I don't know. Good idea, though.

 

10/01/2008 04:09 PM by Atlanta GA Georgia New Homes, Incentives, Discounts, Buyer Bonus (Realty Professionals)
4:26pm • #4
167,563 Points 15 Featured Posts Outside Blog

Sorry for the cut and pastes. I had to reconsolidate comments as the original post posted about 6 times when AR was having "Proxy Errors".

4:27pm • #5
167,563 Points 15 Featured Posts Outside Blog

Atlanta - I am for some penalty for everybody. Arrangements should be made that are fair across the board. Nobody should be really excited about the final solution because it should be bad enough to hurt everybody who made a bad choice a little, but good enough to keep everybody (and the economy) afloat without causing a collapse. Perhaps individual restructuring would be best, but can we trust the lenders and investors not to get too greedy again?

4:29pm • #6
1 Featured Post

We are confronted with a horrible proposition, but I think the point has been reached where we have to take some drastic measure. Over the past few years, our whole industry fell asleep at the watch.

4:40pm • #7

"Lenders and Investors should not be the only ones who benefit from a government bailout.

Borrowers need relief as well or any bailout will just be more money thrown at institutions who have proven they have a tendency to make bad financial decisions when the potential reward for doing so, however risky, is great."

Your quote is exactly what I've been telling all of our colleagues. This is truly a mess that needs to an approach from the top down - to enable banks to extend credit and from the bottom up to allow homeowners to keep their homes. Many of my clients expressed how Chase automatically fixed their  ARMs. This is a practice all lenders need to incorporate to protect against future loss. Thanks for the posts.

Salwa

http://www.GetTheMillionairesSecret.com

 

4:46pm • #8

"Lenders and Investors should not be the only ones who benefit from a government bailout.

Borrowers need relief as well or any bailout will just be more money thrown at institutions who have proven they have a tendency to make bad financial decisions when the potential reward for doing so, however risky, is great."

Your quote is exactly what I've been telling all of our colleagues. This is truly a mess that needs to an approach from the top down - to enable banks to extend credit and from the bottom up to allow homeowners to keep their homes. Many of my clients expressed how Chase automatically fixed their  ARMs. This is a practice all lenders need to incorporate to protect against future loss. Thanks for the posts.

Salwa

htttp://www.GetTheMillionairesSecret.com

4:47pm • #9

Good thoughts and along the same lines I have a client who was behind in his payments and his lender contacted him offering him an option....roll the arrearages into loan amount and retain the intro rate for 5 yrs.  Perhaps it's a bit late, but a simple way to help fix the broken machines.

Ah but were there such a swift and simple solution...all would be happy and things would be calmer.

Julie O'Toole, REMAX Sun Properties, Fountain Hills, AZ

4:52pm • #10

Good thoughts and along the same lines I have a client who was behind in his payments and his lender contacted him offering him an option....roll the arrearages into loan amount and retain the intro rate for 5 yrs.  Perhaps it's a bit late, but a simple way to help fix the broken machines.

Ah but were there such a swift and simple solution...all would be happy and things would be calmer.

Julie O'Toole, REMAX Sun Properties, Fountain Hills, AZ

4:52pm • #11
167,563 Points 15 Featured Posts Outside Blog

Julie - Sounds like a lender who was willing to suck it up and help the borrower. In so doing, they probably helped themselves as well. Better than a short sale or a foreclosure, wasn't it? Companies that want to stay in business should use that type of common sense and not count on anyone else to bail them out. Essentially they "refinanced" their own adjusting mortgages. That's a pretty good solution as the investor is out of the deal once the home is refinanced. The problem then becomes those darn pre-payment penalties that were added to, yep, you guessed it, those same cruddy loans!

11:58pm • #12
OCT
02
2008
167,563 Points 15 Featured Posts Outside Blog

Perhaps the lender allows the borrower to refinance and include the cost of the pre-payment into the new loan. That way, the borrower still pays the penalty, the investor is on their way, and the lender now has a loan with a higher likelihood of performance.

I'm telling you. When the common sense principles aren't being applied, it all boils down to somebody being greedy. Greed isn't going to work when you have a problem this big.

Remember the fate of the monkey:

monkey trap

12:12am • #13
167,563 Points 15 Featured Posts Outside Blog

Just like the monkey, if you want to save your life (...bank...) you have to be willing to let go of the food you aren't going to get. (those ballooned payments).

12:14am • #14

unfortunately just adjusting the rate back down doesnt help the investors or homeowners much, too many people already bailed due to being upside down in their mortgage, many could still afford to pay but chose to buy and bail, or just jingle mail the keys, driving down the value of all of the notes, and thereby wiping out the investors (big banks) capital.  just adjusting the note doesnt give anyone an incentive to stay when they owe $350,000 on a property that is now worth $175,000 many borrowers look at it like throwing good money after bad, in Florida you can rent for less when compared to the modified note payment.

Borrowers are thinking "Why stay in my home if may take a decade to get right side up again?"

Either Mod the loan amount, or foreclose, yes its painful but thats the only way to get it behind us and get the ball moving again.

11:14am • #15
129,098 Points

Benjamin: That's a great idea. I've heard it before and wonder why the lenders wouldn't consider this. It's a relatively simple solution that would save the lenders thousands and possibly keep them in business.

12:38pm • #16
4 Featured Posts Localism Sponsor

Benjamin - I know...why didn't they do this?  Many people predicted the situation we would be in.  I think it might be too late for what you propose, but if it would still work than I say someone should get on it!!! 

12:53pm • #17
262,577 Points 2 Featured Posts Outside Blog

Benjamin, I've got a plan that I feel almost 100% certain that no one's even thought of yet. I even feel certain that this plan will the end mortgage crisis.

Pay the house note......

12:59pm • #18
149,627 Points 7 Featured Posts Outside Blog

If the homeowner will contact loss mitigation, many of these banks will do a loan modification.

I am hearing about it happening more and more.

 

1:15pm • #19
152,259 Points 19 Featured Posts Localism Sponsor Outside Blog Hit Router

I have said this to my lenders until I am blue in the face.  I am such a micro organism to the giant, greedy, investors.  I think if the homeowners that are paying on time and staying in their homes instead of foreclosure is a plus for everyone all the way around.  I know, in the big financial world there will something wrong with that, but just seems like common sense to me.

1:28pm • #20
594,463 Points 34 Featured Posts Localism Sponsor Outside Blog Hit Router

I am with you on a large part of it, but there are two things I see...

  • The government all but forced many of these institutions to offer these types of programs through the CRA... they took the ball and ran, but that was after being told that they better get on board.
  • It also doesn't set a good precedent to have the government step in and change the terms on private contracts after the fact... makes people not want to enter into contracts in this country if they are subject to renegotiation after the fact. 
1:28pm • #21
15 Featured Posts

Actually I came up with something a little different a few days ago...http://activerain.com/blogsview/715682/One-possible-solution-to

 

One of the problems of asking the lenders to just freeze the ARM contracts is that they would then lose the faith of their investors.  If it was that easy for the Bank to just freeze the ARM then it would be already done in most cases.  The problem is these are executed contracts by the Borrower the Bank, and someone who's investing in these mortgage backed securities expects them to be executed properly. 

Anyway, nice attempt at suggesting a solution, but the solution must do the following..

#1  Fullfill the original contract, either through the sale of the asset, or refinance of that asset.

#2  The investor must be made whole.  In other words, the bank cannot just write down or write off a percentage of the loan, without causing serious damage to its reputation with it's investors.  This is why your seeing the carnage right now in the markets.  Furthermore, Banks are not going to buy each others paper products if there is suspicion that the paper is not going to perform.  Another reason your seeing things slow to a crawl in the MBS market.  So unless the investor is guaranteed to be made whole, there is not going to be much of a reason for anyone to exchange toxic paper at this juncture, despite the fact that these asset's have some type of value.

#3  The borrower should not get a free lunch and neither should the bank. Everyone is thinking the auto industry is getting bailed out right now, but in reality they are getting low interest rate backed government loans.  The same should be offered to these financial institutions, which would allow them to modify current borrowers who are in risk of going into foreclosure.  Allow market writedowns to more manageable loan products and amounts, then keep the banks and borrowers on the hook to eventually pay the deficet at a more favorable time.

As one poster said already, common sense is something Senators and Congressmen lack, and it's probably too late for a COMMON SENSE solution at this point.

1:29pm • #22
356,833 Points 11 Featured Posts Localism Sponsor Outside Blog

Sounds like an idea that could be used.  Just find the right people to present it to.

2:16pm • #23

I just had a customer call me today to give me an update on their loan modification with EMC. She was able to talk to someone in loss mitigation and they are offering to modify her loan. They are negotiating with the investor as it is a Jumbo Pay Option ARM.

I did NOT do this loan for her. One of my competitors, notorious on Bainbridge for screwing up people's lives, got her into this mess. $30,000 in neg am in one year.  Her plan was to get her payments lower and sell in a year. I had her in a 30 yr fix at 6%. She refi'd in June 2007 because this local lender became "her friend."

Having spent over 20 years in lending this is good news that her lender is being pro-active as she has NEVER been late on a mortgage payment and is still current.

There still are too many lenders out there that will NOT negotiate until someone is 90 days late and that is too late for many as their credit will be messed up for years.

2:39pm • #24

Serious times we are in. All involved have my heartfelt sympathies...lenders and lendees alike. I am just very glad I was not tempted to take one of these on...was offered a stated income ARM loan for a first home purchase in 06. The mortgage guy was urging me to figure out how much more I could find to "state as income" so I could get into the loan! If I had "stated" so much at the time, I would certainly be in trouble today.

paula
4:16pm • #25
178,248 Points 13 Featured Posts

I agree that loan modifications are an important part of bringing some sense of stability to the market, but ultimately the excess supply of homes needs to be addressed and nobody is addressing this.

Until the ecxess supply of homes is absorbed, property values will continue to decline and the economy will continue to contract and lending will become even tighter than it is now.

I have proposed a solution to stimulate investment demand for real estate in an effort to absorb this excess supply.

Here is the web site:  www.HousingStimulusPlan.org

4:19pm • #26
581,090 Points 95 Featured Posts Localism Sponsor Outside Blog Hit Router

Ben, if you are following blogs of economist out in the blogoshphere, their are dozens of scenerios that would work besides this one. 8 million to research wooden arrows and other pork is in the bill. Frustrating.....

4:36pm • #27
362,486 Points 9 Featured Posts Localism Sponsor Outside Blog

This enitre matter is quite complicated and I don't think we have the entire story.  I think what you have suggested is part of the solution.  However, I am concerned about the real inability of small business to get loans to meet payroll.  There could be a dramatic loss of jobs -- etc.  So, I would like to get some more information to make an informed decision.

5:17pm • #28
167,563 Points 15 Featured Posts Outside Blog

Mark,

The problem isn't that there is a lack of housing. There is an oversupply of housing. Even those who lose their homes because of inflated payment obligations are still living somewhere in most cases. (Renting)

Sure, you can make the properties cheaper, but you also have to face the fact that there are just fewer incoming first time buyers. And if you pull all these "now" renters out of the rental market (where some of them should have stayed in the beginning), you could introduce a crisis for landlords.

I understand that doing nothing and letting the free market play out sounds disasterous. (And could be.)

We never should have arrived at where we are today. Loose regulations, Foolish business practices, short term thinking. Add in greed and those are the culprits.

Introduce some "emergency" plan may be necessary. But the big picture of how we got here should not be ignored. Just like everything else that goes awry, getting back to common sense and the basic practices of industry will go a long way to getting things back on the right path.

I'm not saying help isn't needed, but we should give help coupled with caution and advice. Throwing money at the problem without correcting the behavior makes us "enablers" and only encourages and creates like problems in our future.

 

5:33pm • #29
167,563 Points 15 Featured Posts Outside Blog

Missy - The problem today is all the pork, isn't it?! Can't they focus on one thing at a time? Especially when it's as critical as this? Politics as usual...

5:36pm • #30
167,563 Points 15 Featured Posts Outside Blog

Joan - My proposal isn't meant to be a "final answer". All I wish is that politicians and businesspeople would stand up and accept their role in getting us to where we are today. The first company that takes out a full WSJ ad telling everybody they are sorry they contributed to this crisis but they are going to help "fix" it (and not by asking the government to bail them out) will really earn some respect. Somebody has to stand up and say, "We were irresponsible. We know exactly what we did that was wrong. We're sorry. Here's how we are willing to sacrifice to help fix it."

Will that happen? Unlikely, but it would be nice.

You are absolutely right when you and others say my suggestions will not solve the crisis. 100% correct. But it might just help some families and communities, and lenders and companies...

Remember the story of the starfish?

One day a man came across a boy on the beach who was picking up starfish from the shore and throwing them into the water. The tide had washed up starfish by the thousands, all of which would die outside of the water.

The man asked the boy why he bothered wasting his time throwing any starfish back at all, "After all," he said, "there must be miles of beach with millions of starfish. You can't possibly save them all. Your efforts aren't really making any difference at all."

The boy picked up another starfish, threw it back into the ocean and said, "I made a difference to that one."

The market is made up of a bunch of people. With enough people determined to make a difference, great things could happen. The question will be if the corporations (banks, investors) are willing to help contribute to the solution with action.

starfish

6:02pm • #31
224,137 Points 2 Featured Posts Outside Blog

Benjamin~ I agree with your approach.  We aren't solving anything by simply bailing them out!  Vickie

6:32pm • #32
279,736 Points 15 Featured Posts Outside Blog

Took time to get in the mess and it will take time to get out.  This happened because people wanted to make money and exploit the system. The larger problem is government spending and how its pulling too many dollars from the economy then couple that with no energy policy that will work.

I have been in the same house for over 30 years since I did not want the debt.  Then I have to pay the debt of others. 

7:12pm • #33
215,721 Points 1 Featured Post Localism Sponsor Outside Blog

Hi Benjamin,  You certainly are right about all of us needing to get back to some sense of responsibility. I hope there will be some examination of the basics to your post.

7:16pm • #34

The notion that there is a 'quick' fix to all this is false. Everybody who wants a quick fix helped contribute to the problem that got us here in the first place. There is no shortcut in life. We need to understand how we got here before we address fixing the problem. 

To suggest that lenders go back and give up their profit and offer re-negotiated start rates is just putting lipstick on a pig. The folks that took these loans had every opportunity to understand what they were getting into. Some may not have understood and yes there is an issue, lenders need to spend more time educating their customers. However, to blame the lenders and take away their ability to make a profit will do nothing for the long-term health of the industry.

I ask you this, who would lend if they knew when the worst happened, the borrower was entitled to re-negotiate? What about the people that do pay on time? The ones that carry two jobs to pay their bills? Where is the equity in that? I say let things fail. Let people lose their homes. Let's get some pain and suffering because then people will try to understand how we got here. And then we will come up with real solutions and we will really learn from these tough times and we won't be destined to repeat it.

Love the idea, but it won't work. And it certainly isn't fair to the lenders. Consumers need to take responsibility for the things that they sign. Bottom line. End of story. Until consumers learn how to teach themselves fiscal responsibility, they will continue to be led astray and be taken advantage of....

As an aside, I'm sickened that the fat cats who took huge pay and huge pensions are getting bailed out. Their greed is disgusting and shameful. And I hope the American public is loud and resolute in finding ways to end the pilfering of our treasury from those that don't deserve it's benefit. JB

 

 

 

 

 

9:25pm • #35
427,334 Points 81 Featured Posts Localism Sponsor Outside Blog Hit Router

While there is no perfect answer, that is a solution worth considering.  Hopefully it's somewhere in that 400+ pages...

10:00pm • #36
249,655 Points 3 Featured Posts Outside Blog

Ben,

The way the bailout plan now looks it is to help investors and lenders get back on their feet and largely overlooks homeowner needs. You are right, the bailout should be more even-handed.

10:57pm • #37
OCT
03
2008
167,662 Points 1 Featured Post

This so-called "bail-out" does not reimburse lenders for their losses in making these loans. They are only going to be purchased by the government at their current highly discounted value. The plan is only to get fresh capital in the hands of the lenders so that they are in the position of making new loans. The lenders will still have to recognize any losses that are incurred by selling these loans. This is not bailing out the rich!!!! It is recognizing the fact that for whatever reason, financial institutions are stock with billions of dollars of delinquent loans which they had no way of getting rid of or recycling for new capital to make new loans.

4:17pm • #38

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