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Is Loan Restructure Disaster Relief? Or Disaster Times Two?

By
Mortgage and Lending with Platinum Home Mortgage Company NMLS #238304

 

And so...this novel entitled "Mortgage Crisis"  is at the beginning of a new chapter.  We have yet another new phrase we must banter around. That phrase:  LOAN RESTRUCTURE.

You know you have a new phrase when your clients call you and use these words. The nightly news has 3 different stories about banks "restructuring" loans, and the "talk" on talk radio is about "loan restructures".

Remember our last chapter? It was entitled "Main Street, Wall Street". The chapter before that was "Our Friends, Fannie and Freddie"'

Seriously, who thinks this stuff up? This novel is destined to be a best seller.

Restructure is what you do to "save" people from their own mortgages. Restructure is what you do when you have figured out you need to "throw money" at a problem, but you aren't really sure what will solve the problem.

Or, is restructure what we do to save banks?

Money seems to help all problems, so that must be a good start, right? I sure hope so, since it appears we taxpayers are on the hook for a helluva lotta money to "fix" this problem.

But how do we go about restucturing loans? Everyone seems to have a different idea, and confusion is rampant among the very people that need help.Who do I call? Who qualifies? How does restructure work?

Remember the disaster relief after Hurricane Katrina? The Feds threw money at the problem, but little was solved, and people to this day feel like there were 2 disasters: the hurricane was one, and the relief effort was two.

Let us hope we don't have a repeat performance with our economic disaster, by replacing bad loans with worse loans. By saving banks first, and people second.

By not understanding what is at stake.

To illustrate the thinking process a bank has when "restructuring" debt, assume for a moment that you have loaned $1000 to your best friend to buy a mountain bike. Your friend calls and leaves you a message: he may have trouble making payments because his hours have been cut, and he is making a lot less money now.

Oh yeah. And that bike is the only way he has to get to work every day.

Okay, think like a bank. How do you handle this potential default? You can:

  1. Go get the bike and resell it. Opps. You know nothing about mountain bikes, and you are pretty sure it isn't worth what he owes.
  2. Lower his payments by forgiving part of the debt (he owes $750, after restructure he only owes you $350)
  3. Stretch his payments out over a longer period of time (he was going to pay you back in 2 years, after restructure, he pays you back over 5 years)
  4. Allow him a period of NO PAYMENTS, but interest is still building up and he must pay it all back by a certain date
  5. Lower the interest rate you are charging him, which will lower the payment
  6. Pay off other debt he has to enable him to make payments to you.(why not if its cheaper than the loss you will take from a default?)
  7. Hey, maybe you can get rid of this loan by selling it to the FBA (Federal Biking Authority)!
  8. Maybe if I just don't return his calls, the problem will go away. I know. I will only deal with this problem AFTER he is in default. That makes sense, right?
  9. Maybe there are people who do bike loans for a living! Maybe I will hire them to help me restructure the loan, since I don't have the time or the resources to deal with this problem.
  10. Maybe this is a big enough problem that the taxpayers will give me some money. I bet those taxpayers will believe they are helping my poor friend who is losing his job and will never realize they are bailing ME out instead!

 

Do you see any problems lurking in these restructure fixes?

 

Written by Janet Guilbault, Mortgage Lending Expert Based Out of the San Francisco Bay Area.

 

 

 

Tim Maitski
Atlanta Communities Real Estate Brokerage - Atlanta, GA
Truth, Excellence and a Good Deal

So let me see if I understand this. 

I bust my butt and save $100,000 so I can put down 20% on my $500,000 home  so I can get a lower interest rate. 

My neighbor does 100% financing and takes his $100,000 and buys a nice car and a boat. 

Home prices fall to $400,000. 

My neighbor gets his mortgage restructured to $400,000. 

Now we both have $400,000 mortgages but he still has his car and boat.  My downpayment is gone.

I just learned a good lesson.  It doesn't pay to bust your butt and save.  It's better to borrow as much as possible and spend whatever you have.

This is the moral hazard that this sort of thing encourages. 

The only way out of this mess is when everyone finally has to bust their butt and save again.  There's no other way.  Government can print money but they don't create any value that backs that money.  Sooner or later someone or something has to come up with the value that backs the money.  If not, money has no value and becomes worthless.  The longer we delude ourselves that we can magically make everyone whole again without any pain, the longer and more painful the recovery will be.

Oct 08, 2008 09:07 AM
Greg Traub
Complete Florida Realty - Orlando, FL

It's going to take me at least a few days to hash out my thoughts on paper/blog (still relatively busy down here). But I will be sure to replace the word "punish" with more the thought of not incentivizing people's past bad behavior. And the word "mandatory" with highly incentived.

Obviously nothing is going to be a panacea in this confligration of bad situations, but I still think loan modifications can be the best way to help as many people as possible, as many banks as possible, and have the least impact on tax payers.

Oct 08, 2008 09:23 AM
Charles Stallions
Charles Stallions Real Estate Services - Pensacola, FL
850-476-4494 - Pensacola, Pace or Gulf Breeze, Fl.

Hey Tim, You are right on target. I liken to a child. A child hollers everytime his parents carries him to the store. Momma Idiot buy me candy if they don't scream louder Momma you b... buy me candy. so momma buys him candy. Now twenty years later after momma has supplied everything with no boundries and dies of heart ache or after the kid beats her to death for not buying him a new bike. The child holler Mr. Government buy me food, then buy me house. What you mean pay for it. Go see the man with the money fool.

Oct 08, 2008 09:27 AM
Roland Woodworth
Blue Cord Realty - Clarksville, TN
Blue Cord Realty

Janet.. this is a great questions.. Look like only time will tell.. keep us posted.

Oct 08, 2008 10:36 AM
Greg Adelman
Midwest Home Center - Saint Croix Falls, WI

Very good article and I agree with you.

Thanks,
Greg Adelman

Midwest Home Center LLC.
715-483-0012
612-735-4414 cell
612-395-5444 fax

 www.midwesthomecenter.com

Oct 08, 2008 10:37 AM
Janet Guilbault
Platinum Home Mortgage Company - Walnut Creek, CA
San Francisco Bay Area Direct Mortgage Lender

Tim: Thank you for that little story which so clearly illustrates why everyone who isn't in trouble (and tried to do the right thing) is pretty darn upset about what is about to happen (thousands of these restructures)

I can only say this: If something is not done to stop the bleeding our economy is doing, your house will continue to slide and then you will still have a $400k mortgage with a $250K house.

You are right to say that helping those that have walked away from their mortgages creates a moral dilemma.

Oct 08, 2008 10:49 AM
Janet Guilbault
Platinum Home Mortgage Company - Walnut Creek, CA
San Francisco Bay Area Direct Mortgage Lender

Charles: Yes, in a way we were all spoiled by "MAMA". Great analogy

Oct 08, 2008 10:52 AM
Janet Guilbault
Platinum Home Mortgage Company - Walnut Creek, CA
San Francisco Bay Area Direct Mortgage Lender

To Greg: I agree that loan modifications will be cheaper than asking the Feds to figure out what to do with "our" money.

And it is also just too difficult to determine who behaved badly, and who got trapped in this tornado.

Oct 08, 2008 10:55 AM
James Engel
Keller Williams Realty Beverly Hills - Beverly Hills, CA
KW Beverly Hills

For some of us who have been caught in the markets downward spiral and dont want to let go of our primary residences but also cant stand by as the only idiot carryign a 1million mortgage on a 600K house loan restructuring might be the fair way to bring equilibrium to equity for all of us

Oct 08, 2008 12:51 PM
Tim Maitski
Atlanta Communities Real Estate Brokerage - Atlanta, GA
Truth, Excellence and a Good Deal

Janet,  In my example above, unless I need to sell, I really don't care that my home is only worth $250,000.  If I need to sell at that price, I'll either have to come up with that difference and feel the pain or the bank will get stuck with the loss and they will feel the pain. That is the risk both parties took when they entered into that contract.

If the bank takes the pain, I'm sure it will cause others pain because the bank won't be able to lend some money.  Uncle Sam can come through and give me the money to make everyone whole and no one today will feel the pain.  But Uncle Sam has to borrow the money and that money has to be paid back in the future.  So all you are doing is transferring the pain onto the shoulders of our children.  You might call that child abuse.  If you start changing the rules in the middle of the game, the uncertainty will bring the economy to a halt. 

Also, just to be clear. I stated that the bailout creates a moral hazard, not a moral dilemma.  They sound the same but are totally different.

Oct 08, 2008 12:54 PM
Ryan Hukill - Edmond
405home @ ERA Courtyard - Edmond, OK
Realtor, Team Lead

I'm curious about something.  For those who believe that the government (or taxpayers) should 'bring equilibrium to equity for all of us,' should the government (taxpayers) do the same when the market is in the opposite, upward trend?  If you gain a higher rate of increased equity than your neighbor, should the government come in and give your neighbor a boost to level the playing field, or worse, should they take some of your equity to make it equal to all? 

The way I see it, the larger the risk, the larger the reward, but transversely, the larger the risk, the larger the risk.  I doubt many homeowners would complain if their homes suddenly were worth more than they paid, and I also doubt they'd want the government (or taxpayers) taking that appreciation away.

As said above, changing the rules in the middle of the game will bring the economy to a halt.

Oct 08, 2008 02:13 PM
Janet Guilbault
Platinum Home Mortgage Company - Walnut Creek, CA
San Francisco Bay Area Direct Mortgage Lender

Tim: The bank cares that your home is only worth $250k. They have a much higher risk for the exact reason you stated: if you need to sell, you would be forced to walk away. You are correct to say there is no "good solution" where no one feels the pain. It is down to how to do it with the least pain. Unfortunately.

Hazard and dilemma are different, I agree. But because our national situation is beyond a hazard, which implies there is some way to avoid the hazard IMHO.

Oct 09, 2008 02:02 AM
Janet Guilbault
Platinum Home Mortgage Company - Walnut Creek, CA
San Francisco Bay Area Direct Mortgage Lender

Great point, Ryan.But I don't think the point of restucturing is to level the playing field. It is to save the banks so that the whole economy doesn't go down the drain.

Oct 09, 2008 02:05 AM
Ryan Hukill - Edmond
405home @ ERA Courtyard - Edmond, OK
Realtor, Team Lead

You're exactly right, Janet.  But as displayed in the comments above, the average consumer doesn't understand the real purpose of the possible restructuring.  They look at it as 'If he's getting restructured, then so should I, because we should all be equal.'  Yet adding to the moral harzard.

Oct 09, 2008 02:50 AM
Anonymous
Anonymous

The restructuring of the loans will only keep the circus tents up.  

The real problem is not the "bad" loans.  The real problem is the complicated leveraging of the loans.  Basically considering a loan an asset, then slicing and dicing and selling derivitave investments.  Then they sold Credit Default Swaps to unload the risk.  

The CDS were like insurance for the risk, but never regulated like insurance.   And the companies that sold these insurance policies (LOL) never kept enough reserves to cover the defaults.   This is the main issue with AIG failing. 

http://www.time.com/time/business/article/0,8599,1723152,00.html

 

 

 

Oct 09, 2008 04:33 AM
#59
Karen Cooper
Karen Cooper | Sr Mortgage Loan Originator ! NMLS # 223305 | First Federal Bank of Florida, Ocala, FL - The Villages, FL
Helping Homeowners w/Home Loans in 27 US States

Janet - Let's see...$5.6 trillion outstanding FNMA/FHLMC mortgages times the convservative 12.5% estimated defaulting FNMA/FHLMC mortgages = $700 billion. Yet, allocations of these funds are targeted for: "White House spokeswoman Dana Perino confirmed that Paulson is actively considering injecting capital directly into banks, a power given in the new bailout bill...During Congressional debate on the bailout, injection of capital into banks was rarely, if ever, mentioned. The more-publicized proposal at the time was the proposal to remove toxic mortgage assets from bank balance sheets through innovative, but untested, auction strategies." http://www.marketwatch.com/news/story/paulson-borrows-page-buffett/story.aspx?guid=%7BF9ED4F97%2D67DB%2D4656%2DB1AA%2DF4A9FCD7B413%7D I think we the taxpayers should already be mad! How will there be any purchasing of MBS if the funds have already gone to plug the bleeding banks?

Oct 09, 2008 02:46 PM
Lane Bailey
Century 21 Results Realty - Suwanee, GA
Realtor & Car Guy

Ryan...  That is what the liberals are trying to do with the income tax code.  If you make more than someone else, they want to take some of yours and give it to them...  I think they call that privatizing the risk and socializing the profit... 

Janet...  Some of our "esteemed" representatives are saying that banks should be FORCED to restructure loans. 

Tim...  Would it be any better if when Mr. Irresponsible's loan includes a rider that the bank gets 20% of the sale of the home?  And just so you know, I don't think there should be a limit on the 20%... if the house sells for $700k later, and the loan has worked down to $300k, the bank should get $140k in addition to their payoff.

Oct 09, 2008 03:10 PM
Janet Guilbault
Platinum Home Mortgage Company - Walnut Creek, CA
San Francisco Bay Area Direct Mortgage Lender

Lane: I am in agreement that if principal is forgiven, then the bank becomes your partner, and the equity should be shared. OR...bank can hold a silent second (homeowner would not need to pay until a certain date in the future, or home is sold)  I think what makes everyone so angry is thinking that some guy got tax dollars that were indirectly funneled to pay off some of his mortgage. That is a transfer of wealth pure and simple.

Oct 09, 2008 11:38 PM
Janet Guilbault
Platinum Home Mortgage Company - Walnut Creek, CA
San Francisco Bay Area Direct Mortgage Lender

Karen: I didn't know this, thank you for pointing it out. Taxpayers are already mad, as they should be. Once the gov't is distributing the money, much of it is misappropriated and wasted as we all know. Most people sensed we were being pressured into something we would later regret when the bill was being passed.

Oct 09, 2008 11:43 PM
Paul McFadden
Responsive Pest Control - Seattle, WA
Pest Control, Seattle, WA.

Janet: I think loan restructuring is better than foreclosure. The banks are in trouble and if they can modify an existing loan, it saves them. Plus, it obviously saves the homeowner which is probably even more important.

Oct 11, 2008 03:26 AM