Principal Reduction in Loan Modifications

By
Real Estate Attorney with federalfinanciallawgroup.com

Well, it seems there is a bit of hypocrisy coming out of Washington for a little change of pace. President Obama announced his nomination of congressman Mel Watt (D-NC) for director of the Federal Housing Finance Agency (FHFA).  Many homeowners around the country were delighted by this selection because Congressman Watt has a history of supporting principal reduction in loan modification programs.

The hope is that he will continue this position during his tenure as head of the FHFA. Current acting director of the FHFA, Edward DeMarco, has refused to allow Fannie Mae and Freddie Mac to include principal write-downs in their loan modification arsenals. Demarco argues that the practice not only jeopardizes the American taxpayers, but also rewards poor payment history and sets a bad example. Now Watt could be causing problems in this area himself. During his confirmation hearing in the Senate last week, Watt said that while he would not preemptively refuse to engage in write-downs, he also would not endorse the policy. Instead, he promised to “study carefully how that decision [to not do write-downs] was reached, what it was based on, and then I would build on that new information…and make a responsible decision.”

 

Not surprisingly, Watt’s apparent reluctance has upset many home owners who believed that he would definitely approve the controversial measure to engage in principal reductions as part of a loan modification program. He has been accused of backtracking and failing his constituents. This is particularly alarming since Watt was a vocal critic of DeMarco’s policies as a congressman. Watt responded that while it was his responsibility to support write-downs as a congressman because he had many underwater borrowers in his district, as director of the FHFA he would have to be “a strong advocate for taxpayers”. Watt is likely treading lightly around this issue because one presidential nominee to replace DeMarco has already been blocked.

As my Mother was known to say, “We will see what we shall see”

 

Paddy Deighan J.D. Ph.D

 

http://www.homesavers.pro

Comments (19)

Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Great example of a potential statesman turning into a weasel.

Jul 02, 2013 08:46 PM
Susan Haughton
Long and Foster REALTORS (703) 470-4545 - Alexandria, VA
Susan & Mindy Team...Honesty. Integrity. Results.

Not even remotely surprising.  Echoing Lenn's comment above and must say, it is pretty much to be expected. 

Jul 02, 2013 10:23 PM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Paddy, this is not surprising. Back pedaling is a requirement to get elected.

Jul 02, 2013 10:45 PM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

I'm not surprised... it's always about what it takes to get elected. How many issues are we looking at with our President today who voted one way as a Senator and whose position today is diametrically opposed to his vote as a Senator? 

Jul 02, 2013 11:19 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Politics...

A subject that has no substance, makes no sense and gets very little done and when it does perform, it is for the wrong reasons..despicable

Jul 03, 2013 12:01 AM
Myrl Jeffcoat
GreatWest Realty - Sacramento, CA
Greater Sacramento Real Estate Agent

When one considers that by some estimates, there are 22 lobbyists for the banking and Wall Street interests breathing down the throats of each and every congressman, is it any wonder the average citizen has no voice against them???

Jul 03, 2013 01:28 AM
Eric Nelson, III
Silicon Valley Capital Funding - Campbell, CA
Eric O. Nelson, III

This pre-supposes that tax payers take the hit for the write downs. With market values rising, more and more properties are no longer upside down.

 

The government never had a good answer to clients who were over encumbered, and was hesitant to write any balance even though it was a viable option.

 

By delaying action, the benefit is less action to take now.

Jul 03, 2013 01:36 AM
Roger Stensland
Keller Williams Realty Puget Sound - Maple Valley, WA
Let's Move!

I seem to be in the minority because I do not support mandatory principle reduction in loan mods.  The main reason is because I am a firm believer in fulfilling the contract you signed.  Knowing that the bank has already paid someone the full amount and now you want the bank to reduce, take a loss, because you either can't or choose not to fulfill your end of the deal.  To me, that would be like a Realtor signing a contract with a seller to sell their home for 6% commission and when the home closes, the seller saying to the Realtor "I can only afford to pay you 5% because I need the 1% to pay for the new house I am buying."  As a Realtor, you wouldn't like that and would insist that the seller adhere to the contract that they signed with you.  It is the same thing here only it is easier to give away someone else's money (the bank's).

Jul 03, 2013 01:41 AM
Jay & Michelle Lieberman
Keller Williams World Class - Agoura Hills, CA
Creating Calm in the Buying and Selling Chaos

Watt is a bit of a turn coat.  But, to the actual point of the policy, I believe a policy placed by the Federal Government not allowing Fannie or Freddie to write down loans in modification is unfair restraint on those institutions.  Even though they are run by the government, such policy to not allow write downs as part of a loan modification is like trying to tame a tiger.  Sometimes you have to let certain situations fail in order to clear out the problem and move to a solution.  Free market economies have a way of correcting themselves over time.

Jul 03, 2013 02:40 AM
Harry F. D'Elia III
RentVest - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

People start strong off the gate and then back down when it is time to get elected.

Jul 03, 2013 03:10 AM
Sharon Parisi
United Real Estate Dallas - Dallas, TX
Dallas Homes

Paddy, thanks for the update on this important topic.  Lenn's response is right on.

Jul 03, 2013 06:33 AM
Michael Gendreau
Edina Realty - White Bear Lake, MN
Edina Realty

not surprising

Jul 03, 2013 07:15 AM
Paddy Deighan MBA JD PhD
federalfinanciallawgroup.com - Vail, CO
Paddy Deighan J.D. Ph.D

Roger, I am in support of write downs because the bottom line is that the lenders and investors have been paid 100% + of what they loaned...they received proceeds from the sale of the securitized notes, they received payments after the securitization and they received credit default swap insurance proceeds when the home owner went into default.  They also received tax breaks that they are not entitled to because of violations of the Internal Revenue Code and SEC and their own definitive agreements as well as the Truse Sales Act.

 

Additionally, the "write down" money is being supplied by funds that were established out of lender money and not taxpayer money

Jul 03, 2013 07:16 AM
Paddy Deighan MBA JD PhD
federalfinanciallawgroup.com - Vail, CO
Paddy Deighan J.D. Ph.D

One of my comments is that this situation was created by the government when it mandated that "every American should be able to buy a home"..President Clinton.  I liked president Clinton but this was a huge mistake to amend the Community Reinvestment Act and require lenders to write "sub prime loans". These are the loans that went into default and created this fiasco.  THEN, they made the samemistake again when the Dodd Frank Act mandated sub prime loans all over again....there will be another waive of foreclosures in the coming years..

Jul 03, 2013 07:25 AM
Sharon Alters
Coldwell Banker Vanguard Realty - 904-673-2308 - Fleming Island, FL
Realtor - Homes for Sale Fleming Island FL

Paddy, still laughing at Lenn's comment :) 

Another wave of foreclosures? I thought everything has been squeaky clean since the fall of 2008. What sub prime Dodd Frank loans are you talking about?

Jul 03, 2013 07:54 AM
Pamela Seley
West Coast Realty Division - Murrieta, CA
Residential Real Estate Agent serving SW RivCo CA

I support principal reductions. I am in complete agreement with your comment #15. We have Bill Clinton to thank and now Barney and Chris. And then folks say we're not in a bubble? uh huh. sure we're not. Politicians say what they think their constituents wants to hear, and after they're elected, they do whatever the puppet masters tell them to do.

Jul 03, 2013 10:04 AM
Paddy Deighan MBA JD PhD
federalfinanciallawgroup.com - Vail, CO
Paddy Deighan J.D. Ph.D

Pamela, I have been surprised by some of the comments that I have received (many offline too). I believe that principal reductions are appropriate for the reasons that I stated. However, if someone has a contrary position, I recognize that too...even in this polarized society, there is no "right and wrong"

Jul 03, 2013 10:11 AM
Eric Michael
Remerica Integrity, Realtors®, Northville, MI - Livonia, MI
Metro Detroit Real Estate Professional 734.564.1519

Paddy, politics at its finest. I really don't like when someone's point of view changes just because they have a new "boss."

Jul 03, 2013 10:22 AM
Jimmy Faulkner
Florida. Homes Realty & Mortgage - Wantagh, NY
The Best Of St. Augustine

Watt will do as he is told by those above him. What the banks want they get and do not be fooled by your government. When are we going to grow up and really get it.

Jul 03, 2013 12:10 PM

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