Real Estate Investing in the Real World
Real Estate Blog
TUESDAY, MARCH 04, 2008

Focus on EconomicsI’ve written that I’m not a big fan of the legislation currently making its way through congress that would require lenders to cut homeowners a break as they look into the chasm of foreclosure. While I’m not against the idea of giving consumers a helping hand – particularly when doing so shores up the economy – I am against the idea of trying to characterize such moves as free, tax-neutral bailouts funded which the banks will fund. These costs are always passed on to the consumer.

But the financial world is hearing the saber rattling of the politicians (broadcast through a megaphone as we plow though this politically charged season) and this is having a fortuitous side effect: the banks are preemptively starting to get their own houses in order. Note this week’s announcement by Freddie Mac and Fannie Mae mandating stricter standards for independent appraisals – a move which is likely to trickle through to other lenders.  Loose appraisal standards have been a major contributor to real estate fraud, so this is a step in the right direction.

The industry is out to save its skin – not only to slow the bleeding which was caused by their reckless practices, but also to put a positive public spin on their progress. To this end Hope Now, President Bush’s government-led alliance of lenders is now claiming to have helped 1 million home owners fend off foreclosure.  But don’t expect this to significantly alter the tone of the various presidential candidates for whom foreclosure is a big election issue.

Move over big oil – there’s a new bad guy in town, and it may be too little to late for the lenders.

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Comments(15)
posted by: Chris Smith
Comments
March 07, 2008
05:54 PM
I agree that banks should not be pay borrowers losses incurred in foreclosure.

However, this is less subject to abuse than you might think. It is an amendment to the Bankruptcy laws. First, borrowers must file bankruptcy with all the attending credit problems lasting ten years, second, Bankruptcy judges currently have the right to "cram down" lower interest payments during the bankruptcy period on lenders.

What this proposed legislation would do is allow federal bankruptcy judges to have a home appraised and if the value has decreased significantly, to decrease the principle balance due proportionately. The judge must determine that the bankrupt borrower will and does then have the ability to pay regular payments over the long term. If the homeowner can't pay over the long term, the home is released by the trustee, and the lender completes the foreclosure.

What is advantageous to the lender, is court approval of the borrowers future ability to pay.

Of course, the "fly" here is the appraisal of the home.
March 10, 2008
07:01 PM
In my view these programs, at their very best, delay the market and personal realities. While nobody wants to see the prolonged market declines and all of the fallout that comes with it, these programs will stretch the pain. In my view, I'd like to see a correction occur in a matter of days or weeks (like the equities market experiences), but, of course, we're dealing with an illiquid asset and tremendous emotion along the way up (elation) and down (distraught).
May 06, 2009
05:58 AM
I think i am agree with this that banks should not be pay borrowers losses incurred in foreclosure.
I'd like to see a correction occur in a matter of days or weeks
July 08, 2009
08:32 AM
Of course, the "fly" here is the appraisal of the home.
August 15, 2009
12:59 AM
A very complex issue, no easy answers for this one.
November 14, 2009
03:37 AM
You are right1
November 29, 2009
09:45 PM
Something to keep an eye on....
January 18, 2010
03:38 AM
Of course, the "fly" here is the appraisal of the home.
how that comes?
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March 10, 2010
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March 10, 2010
10:59 AM
nice article
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