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Pelosi Backs Letting Courts Modify Troubled Mortgages

by: Renae Merle  |  The Washington Post

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US President Barack Obama speaks to congressional leaders at the White House on January 23, 2009. From left to right: Rep. James E. Clyburn (D-SC), House Majority Leader Steny Hoyer (D-MD), House Minority Leader John Boehner (R-OH), Speaker of the House Nancy Pelosi (D-CA), President Obama and Senate Majority leader Harry Reid (D-NV). (Photo: Getty Images)

    House Speaker Nancy Pelosi yesterday gave her support to legislation that would allow bankruptcy judges to modify troubled mortgages, saying it is a "very high priority and should be passed as soon as possible."

    Democrats have been considering whether to include the provision in the economic stimulus package making its way through Congress or attempt to pass it as a stand-alone bill. "Either way, I'd like to get it passed as soon as possible," the California Democrat said.

    House Majority Leader Steny H. Hoyer (D-Md.) told reporters that the provision has support in both the House and Senate, but its inclusion in economic stimulus legislation would probably make it more difficult for that package to pass in the Senate. "President Obama, as you know, said he is for doing this but would prefer not to do this in the package because this package is so critical to get this done," Hoyer said. "Whether or not it is included in this bill or subsequent bill still remains to be seen."

    Some Democrats, including Sen. Richard J. Durbin of Illinois, have been pushing for the provision since 2007, but have faced strong resistance from the banking industry. The effort received a boost earlier this month when Citigroup reached a deal with Senate leaders to support the provision. According to a congressional aide, two other large banks are actively negotiating with Durbin.

    Pelosi's comments came as the House Judiciary Committee debated versions of the legislation, which would allow bankruptcy judges to change the terms of a mortgage by reducing its interest rate, extending its length or lowering the loan balance, known as cramdown provisions.

    "A year ago modifying mortgages in bankruptcy seemed radical," Adam J. Levitin, a Georgetown University associate law professor, told the committee. "Now it is a moderate response. Our choices today are bankruptcy modification or nothing."

    While banking executives privately acknowledge that some type of legislation is likely to pass, they argue that its scope should be limited.

    "The bankruptcy provisions under consideration are too broad and do not restrict who would be eligible for relief," said Rep. Lamar Smith (R-Tex.). "Americans undoubtedly want solutions to the foreclosure crisis. But I do not believe they want solutions that amount to absolving borrowers of their responsibility."

    The change could also leave bankruptcy judges overwhelmed if borrowers flood into the system, Christopher J. Mayer, senior vice dean at Columbia Business School, told the committee.

  

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Comments

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It is certainly important to

It is certainly important to stabilize family finances to help firm up demand, an important short-term goal that most economists would endorse, but one would hope that the judges involved would take pains to distinguish between homeowners who bear little or no responsibility for their situation (job loss, medical expenses, etc.), and those who should never have assumed a mortgage in the first place. Of course, the political costs of making such honest decisions will ensure that this will almost certainly not happen. I see moral hazard writ very, very large here. It's also worth remembering that cramdowns make bank assets disappear, which might sound acceptably "just" to people whose 401k balances and home equity have done the same thing, but bank employees are also taxpayers, and many are homeowners themselves. The destruction of their jobs will not accomplish anything.

How much is it going to cost

How much is it going to cost the mortgage holder to go to court? Courts are find for the moneyed, but for others there is little justice. If someone is out of work, and owes on a house, they won't have the money to attorney up for court.

If this had been done last

If this had been done last year we would not be in this much trouble now. Just the option of cramdowns will make lenders much more responsible in evaluating credit risk. Mostly it is not the borrowers fault if they can not afford a mortgage, it is the lenders fault. Lenders are the ones who have to say no to bad risk!!! This should not only apply to old mortgages but to new ones also. Yes, it will raise the bar for mortgage approvals which is not good in the current environment but it will make the system much more stable in the long term. In the short term it will avoid foreclosures and more pressure on the housing market. Exactly what we need right now!

In some cases, a

In some cases, a modification could be more or less the equivalent of a self-funded foreclosure. If a bank does a foreclosure, they lose a lot of money anyway; so what difference does it make if it's the original borrower that buys the foreclosure? Of course, one has to find a way to make sure that an unscrupulous borrower doesn't just use this approach to arbitrarily reduce his debt whenever he feels like it. There has to be some pain in this for the borrower, as well. I guess the devil is in the details.

I have to wait and see just

I have to wait and see just what positive steps Pelosi will take.

@Anon: As a bankruptcy

@Anon: As a bankruptcy attorney, I can tell you that people can generally afford the court process. In my District Court here in Northern Ohio, the court regulates the attorney's fees anyway. @Mike: I don't see the moral hazard as much of a concern here. The events that drive people into bankruptcy and foreclosure are generally out of their control. In my experience, those who are attempting to salvage a home through bankruptcy are working very hard on limited budgets to do so. The process rewards the hard work it takes to pick oneself up after an economic blow. Those who "shouldn't have assumed the mortgage in the first place" won't succeed in bankruptcy court.

It would be more sensible

It would be more sensible where there were adjustable rate mortgaves to freeze each mortgage at its original rate and akkiw that rate tostand until the mortgage company or current holder contacts the current mortgagee and makes a good faith effort to extend or renegotiate the mortgages. With current rates around 6 per cent, there should be a cap on the rate permitted above the current rate. This will keep more people in their homes, stop some forclosures where people trying torenegotiate cnnot even find their loan holders, and force the entire bloated industry to deal with the damages they wrought. I say this as the daughter and daughter-in-law of realtors (who sold both homes and both managed and sold major commercial properties for 30 to 4o years, and as someone who has purchased 7 homes, currently own 3, and owe on only one mortgage. My proposal is based on the best reality for the owners, mortgage company employees, and all those involved in the nitty-gritty. If the large corporate enterprises can't afford it--they need to find new ways to limt their own expenses!