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Stopping Foreclosures With the Right to Rent: One More Time

by: Dean Baker, t r u t h o u t | Perspective

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Foreclosed house in Altadena, California. (Photo: David McNew / Getty Images)

    Politicians often prefer complex solutions to simple problems. Nowhere is this more apparent than with the long list of complicated and convoluted proposals to address the country's foreclosure crisis.

    Millions of people face the loss of their homes over the next few years. While the politicians in Congress have developed a wide variety of complex schemes in order to hold back this flood of foreclosures, including one passed into law last summer that provided up to $300 billion guarantees for new mortgages on homes facing foreclosure, none have had much impact thus far.

    The unavoidable problem with these schemes is that it is difficult to design a plan that aids families facing foreclosure without giving an incentive to other homeowners to also default on their mortgage. In addition, it is hard to justify taxing the people who are struggling to keep up with their own mortgages in order to help those who default. It is even harder to justify taxing ordinary people to help out the bank executives, who issued hundreds of billions of dollars of bad loans.

    As a result, to date these programs have not prevented a tidal wave of foreclosures and evictions. The number of foreclosure filings (there are typically two or more filing for every actual foreclosure) is now approaching 300,000 per month.

    For those not offended by simplicity, there is an easy solution. Congress can temporarily modify the rules on foreclosure to give families facing foreclosure the right to rent their homes at the market rate for a substantial period of time. Rep. Raul Grijalva proposed such a change in the Saving Family Homes Act, which would allow homeowners the option to remain as renters for up to 20 years following a foreclosure.

    This bill would immediately give families security in their home, so that if they like the home, the neighborhood, the school for their kids, they would have the option to stay in the house for a substantial period of time. This also has the great benefit for the neighborhood that homes will remain occupied.

    Perhaps more importantly, this change in foreclosure rules will give banks a real incentive to negotiate conditions under which homeowners can stay in their homes as owners. Banks do not want to become landlords. The bank will own the house after a foreclosure, but a house with a renter is worth much less to them than a house over which it has complete control.

    Giving the homeowner the right to stay as a renter hugely increases their bargaining power with the bank. The result of this change in foreclosure rules is that far more homeowners are likely to remain in their homes as owners.

    The beauty of this sort of proposal is that it is simple, can take effect immediately, it requires no taxpayer dollars and no new bureaucracy. It also is not giving anyone a big bonanza. Homeowners are not likely to line up for a process that could end up with them being renters. And the banks will obviously not be thrilled about a rule change that will leave them worse off in trying to squeeze money out of homeowners.

    While the basic point of the right to rent is simple, it can be extended in various ways to further aid homeowners. Bernard Wasow, at the Century Foundation, has proposed some additional measures to facilitate the transition to rental status or possibly a return to ownership. Daniel Alpert, of Westwood Capital, has a somewhat different version that creates a mechanism for homeowners to buy back their homes after five years.

    In short, if people want to add bells and whistles, it is easy to do so. But, the key to stopping people from being thrown out of their homes is simply to change the law that allows people to be thrown out of their homes. That one is so simple that even a policy wonk should be able to understand it.

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Dean Baker is the Co-director of the Center for Economic and Policy Research. CEPR's Jobs Byte is published each month upon release of the Bureau of Labor Statistics' employment report.

Comments

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If we own fanniemae and

If we own fanniemae and freddiemac (meaning we the taxpayers), why don't we just use them to create a loan application to convert anyone who qualifies for and wishes to convert to a fixed rate - say 6.25% over 40 years - who cares? and rather than basing the loan on the appraised value of the home, make the loan for the balance due + fold in all fees and expenses related This will give people a second chance to keep their homes at little or no expense to lenders or taxpayers. It will raise existing property values and help collect real estate taxes for everyone, not just the people who have not been forclosed upon. It will also help to isolate what really is toxic and non-toxic debt which will allow us to 'sort out' the credit default swaps mess! This could go a long way toward helping side streets, main street and bailing out wall street without lining with gold to pockets of those already rich idiots who got us into this mess in the first place!

Landlords pay property

Landlords pay property taxes, insurance and repairs. Normally a 'fair market rent' would take those things into account. Why would such a rent be substantially lower than a mortgage on a property that was larger or newer than average? These are not the kind of properties landlords buy as investment properties for very good economic reasons. Somebody that could afford 'fair market rent' on such a property could probably afford a mortgage. Somebody who can't afford their mortgage on such a property may have to consider downsizing.

This is all well and good,

This is all well and good, but homes are OVER-rated on price. I know in my area, the market rate for both apartment rentals AND house rentals is inflated TOO high. Possibly as much as 30% too high. If these people cannot pay their mortgage payments because their arm loans rocketed skyward, how can you expect them to pay RENT on an OVER-valued house? Now offering them rent on the TRUE value of the home would make sense, but don't expect ANY bank to give up their *value*, once they have foreclosed.

Simpler yet, when lenders

Simpler yet, when lenders foreclose they should be liquidating NOT holding the non-performing loan as an asset on their balance sheet. You can bet your first born lenders would hustle to the renegotiation table very quickly. Boarding up homes while saving the lenders bacon is not the way to untangle a mess that the lenders brought us.

Yes, well they do this in

Yes, well they do this in the Soviet Union. It is called state owned housing. If the state owns the banks and the banks hold the mortgages, the landlord is the banks which is the state. Welcome to the US'S'R. some call me frank

A better idea than having

A better idea than having home owners become renters is to have all bail-out money to banks come with the condition that interest rates on all mortgages be lowered to the Federal level which is currently around 1%. Then the majority of home owners could afford their monthly payments and have some discretionary cash to spend, which would in turn boost the economy. So far, banks have been given a huge blank check with no conditions attached and no oversight. They have used this money for higher salaries for their CEOs and to buy up other banks, but have not passed a single cent along to homeowners. This is absurd!!! We're counting on Obama to put into place a policy that will truly help homeowners stay in their own homes.

If houses were owned by

If houses were owned by local banks, such a plan might be workable. However, when the actual mortgage-holder is a bank in Germany or China or on the other side of the country or a hedge fund located god-knows-where, how would such houses be maintained? Who would see to it that upkeep and repairs were done? As reluctant and unwilling tenants in houses they see as "rightfully" their own, renters may be much less careful with the house than they were as owners. As unwilling landlords, mortgage holders could prove to be incompetent or unwilling property owners and may feel the shrinking market values do not merit much investment in time or money to hold on to their titles. Even assuring that taxes and insurance were paid could be problematic. Residents could still see themselves turned out on the street for reasons over which they have no control, such as unpaid taxes. Such houses could easily be slum properties in the making.

In this case I have to side

In this case I have to side with Mary. If a rental guaranty, then only for a short time, maybe 1 year. I think the priority should be to freeze mortgage interest rates by executive order. No more resets or if the reset already happened then a reduction to the original rate. Then bankruptcy judges should have the authority to reduce the mortgage amount based on income situations by a maximum amount of about 25%. Only if these measures are still not enough then there should be the foreclosure option. These rules should only apply to primary residences. Once these mortgages are modified by interest and/or amount then they should convert into recourse mortgages. Meaning that the debtor is responsible with his entire net worth and all future incomes. Non recourse mortgages are a major cause of the current problems because the borrower carries non or very little risk. These are extraordinary times and require extraordinary measures. If we don't act and foreclosures will continue to push housing prices down then everybody looses. These losses and the cost for society will be much higher than the write offs from the mortgage relieve program. This is Game Theory applied in practice. This is one the economic situations applied to Nash's model that brought him the Nobel prize.

re: Jeff Hack's comment:

re: Jeff Hack's comment: what I bet was the intended critique of your observation was for me a heartening symmetry: wouldn't the public housing that would've prevented this mess be a nice change ?

How about the rest of us

How about the rest of us still renting, who were smart enough not to take a ridiculous loan even though we had the chance, but were too responsible to "gamble" like that. The Market is still too inflated (I live in Los Angeles where if you can believe it condos are still being sold for well over 500K, I have no clue who would buy these things), we should help those in need but not to the detriment of those that did the right thing. Any effort that keeps people in their homes while keeping values artificially inflated harms all of us that did the right thing...and every conversation about helping mortgage owners seems to forget all of us who would like to buy a home but can't because of an inflated market that it seems is not being allowed to correct itself because we need to protect those that over reached. Why must their mistake also be my burden? I want to help them keep their homes but not at the cost of my chance to be able to buy an affordable home myself...Will I be provided benefits and support to also buy a home I now and ( at this rate it looks like) never will be able to afford because we helped these people to keep overpriced homes, that they couldn't afford in the first place? Any discussion about helping home owners that are struggling should also include us renters who would like to be able to buy a home in the future. Helping them should not be at the cost of hurting us, especially if we are also being asked to carry some of that burden of helping them...and I don't think that's unreasonable request at all.

I like Mary's comment from

I like Mary's comment from 11/17/08 -19:21. (See "If we own fanniemae and...") It absolutely makes plenty of sense to me, and presents an idea in which there are possibly no losers. The original mortgage bank gets paid by the bailout of the difference between the value of the existing loan and the refinanced loan for just the balance due. This only does not work if the balance due exceeds actual value. Otherwise, I'm for that idea wholeheartedly...where can I sign up?

I persist in putting forward

I persist in putting forward the following alternative proposal. Let's legislate a national moratorium on foreclosures with the following terms: 1) Set the minimum required payment for all fixed-rate and adjustable mortgage loans at the amount applicable to the original period of the contract, before the first rate adjustment, if any. Foreclosures are not permitted for any borrower who meets or exceeds this minimum payment. 2) Set the current interest rate on all adjustable mortgages to a reasonable level consistent with current prevailing rates, for example, the average yield on treasury bonds with 1-2 year maturities plus a spread, say 2.5%. Adjust this rate on an annual basis. 3) Allow any borrower to make payments exceeding the minimum of item #1, at borrower's option. 4) Calculate the difference between the current interest rate, set per item #2 above, and the payment. Add any shortfall to the principal balance of the loan. 5) Remove all prepayment penalties. 6) If the property is sold and the proceeds fall short of the principal owing, convert the remaining principal to a personal loan to the borrower secured by any available personal or real property with an interest rate set per #2 above. This plan would protect responsible lenders, i.e., those that made fixed of variable interest mortgage loans to borrowers who could afford the payments. Those lenders would be guaranteed the original return on their loans. The plan would also permit borrowers who took out loans with terms that adjusted payments to levels they can not now afford to make payments and stay in their homes. It would not provide any windfalls at taxpayer expense to irresponsible borrowers or lenders. The high-risk loans would still have value to the lenders, although less than they originally anticipated. (That's what happens sometimes when you make high-risk investments.) The number of foreclosures would be vastly decreased, and residential real-estate values would be supported.

The thing is this crap all

The thing is this crap all came about from GREED! Back in 1972 with DOUBLE DIGIT INFLATION my folks who earned $10 & $12k put $4k down on a 30 year loan buying a 1,000 sq ft 1950`s 3br 1&3/4ba ranch style house in Denver, Colorado for $18,500 and other than a coat of paint it and the hundreds of other homes,the parks,schools and shopping centers in that neighborhood remain unchanged yet in 2002 the grossly overinflated "value" placed on that house was an astounding $225k!?! Remember Bush encouraged everyone to spend, speND SPEND or "the terrorists win!" People were getting credit cards right and left maxing them out buying import junk then running to DI-TECH re-financing 3 or more times in one year whenever Greenspan raised or lowered interest rates a quarter point to keep the bad paper moving then when it would move no more Greenspan ran like a scalded dog! There`s your culprits Greenspan, Bush, Bernanke and doo,doo,doo,doot da doo CHARGE IT Paulson...I`ve said before RICOACT demand it by name http://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organizations_Act

It is common wisdom that

It is common wisdom that banks don't want to be landlords and hold onto foreclosed properties. I'm not so sure that is true any longer. But if it is, then that means that the banks should be trying to unload the foreclosed properties as quickly as possible. If that is actually happening, who is buying those properties from the banks? I have yet to hear or read one single comment regarding the buyers of distressed properties. Given that there have been public comments lately that certain people should not own homes because they don't have the income, I am concerned that we are deliberately sliding into a feudal economy, where only certain privileged persons are allowed to own property. This is a pretty undemocratic idea, but what can be expected of a society that just a couple years ago did not become outraged when a congressman (I don't remember his name) stated publicly (and absurdly) that Americans should remember that our country is a republic, not a democracy (I won't get into the discussion that that nutcase must have never read the Constitution, which states the country is a republic, but additionally specifically lays out a democratic form of government). I wonder if, in fact, the economic crisis and the bailout, are deliberate attempts to divert money from the society at large (in other words, from the middle, working, and impoverished classes) into the bank accounts of the remaining .5% of the population. We've seen numerous constraints put on our liberties and legal rights over the last decade or so, why not go all the way and take our money and financial security as well? Consolidate all power and money in a special upper class, and the society will be much easier to control. We could have a new feudalism. It will be just like the middle ages.

Why not make the (new) loan

Why not make the (new) loan for the balance due plus fees and expenses? Because the sum is often more than the current value of the property - being 'under water', as it is called. And as has been pointed out, a 'fair market rent; covers more than just the equivalent of a mortgage, unless the mortgage includes escrows for insurance and property taxes, which increase over time. Not as simple as the representative would have it made out.

Dean, you were right about

Dean, you were right about the bailout. It was all a scheme to make bankers rich. The bailout was a hard call, economests like Paul Krugman said we were on the brink of colapse. They scare you, Palosi gave Paulson the money unconditionally because she didn't know better and didn't want to take the chance of colapse. I've come to believe the Big 3 are crooked too. When they come and say disaster or money, I tend to say take a hike. You guys were bad players for decades and now you want us to give you money? Why don't we buy a million cars from them and give them away to people who need em? I'm tied to being screwed by the Wall Street crooks. Let them fail. Let the auto companies fail. They can restructure and build Volts. These people are liarers.

banks are not landlords and

banks are not landlords and they ought not be landlords and deal with the lockouts, burst pipes, clogged drains and the like

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