Way back in September, I wrote the narrative of how the banks successfully staved off cramdown, with big assist from the Barack Obama, who even as a candidate for President told the political leadership to keep it out of TARP, when the banks were at their most vulnerable. Now Paul Kiel and Olga Pierce tell the same narrative in Pro Publica, with a couple blanks filled in.
Basically, it’s the same story. The President and his team promised to fight for the reform to allow bankruptcy judges to modify the terms of primary residence loans, the way they can for vacation homes or yachts or virtually any other asset. We have primary source material from the transition team, from public statements from both candidate Obama and President Obama, proving this. Then, they failed to use the big bills moving through Congress – TARP and the stimulus – to attach this cramdown measure. In fact, they actively intervened and told lawmakers to take cramdown out of those measures, saying they would push for it in a separate bill. And when it came up for a vote of its own in a housing bill, the White House stood idly by as the provision failed in the Senate.
What Kiel and Pierce add is the genuine antipathy from key economic advisers to the cramdown plan.
Congressional Democrats had long been pushing a bill to enact cramdown and were encouraged by the fact that Obama had supported it, both in the Senate and on the campaign trail.
They thought cramdowns would serve as a stick, pushing banks to make modifications on their own [...]
“We would propose that this stuff be included and they kept punting,” said former Rep. Jim Marshall, a moderate Democrat from Georgia who had worked to sway other members of the moderate Blue Dog caucus on the issue.
“We got the impression this was an issue [the White House] would not go to the mat for as they did with health care reform,” said Bill Hampel, chief economist for the Credit Union National Association, which opposed cramdown and participated in Senate negotiations on the issue.
Privately, administration officials were ambivalent about the idea. At a Democratic caucus meeting weeks before the House voted on a bill that included cramdown, Treasury Secretary Tim Geithner “was really dismissive as to the utility of it,” said Rep. Lofgren.
Larry Summers, then the president’s chief economic adviser, also expressed doubts in private meetings, she said. “He was not supportive of this.”
In essence, the Administration pushed for cramdown to be held out of bills where it had a chance of passing, and when it did get a vote, they opposed it through their silence.
Keep in mind that we have a letter signed by Larry Summers, during the transition, saying that the Administration will undertake “reforming our bankruptcy laws” to help keep homeowners in their homes. And we have assurances delivered in writing to lawmakers like Donna Edwards and Jeff Merkley that they would take this up. All of this has gone down the memory hole now, but this was a fundamental promise, and they broke it. As a result, we have a program to help homeowners that it entirely voluntary on the part of the servicer, with predictable results.
The Treasury Department, according to the Pro Publica article, was much more focused on the fear of helping homeowners who didn’t “deserve” the help (spooked by Rick Santelli’s proto-tea party rant, which was pretty much about exactly that), and that homeowners would game the bankruptcy system, than actually providing aid to homeowners, and by extension the economy. More important to Treasury, “The banks’ books could take a beating if too many consumers lured into bankruptcy by cramdown also had their home equity loans and credit card debt written down.” It was more about protecting the banks’ bottom lines with respect to second liens and credit card debt.
This is nonsense, because as the Cleveland Federal Reserve Bank has shown, the consequence of cramdown is not a rush of borrowers to the bankruptcy courts. It’s a rush of loan modifications and workouts. The threat of cramdown brings the banks to the bargaining table, and gets modifications in place that stabilize the housing market, provide better returns for the investors who own the loans, improves the economy and keeps people in their homes.
This is a neat detail on the origins of HAMP, by the way:
At the time that the new administration was frustrating proponents of cramdown, the administration was putting its energies into creating a voluntary program, turning to a plan already endorsed by the banking industry. Crafted in late 2008, the industry plan gave banks almost complete freedom in deciding which mortgages to modify and how.
The proposal was drafted by the Hope Now Alliance, a group billed as a broad coalition of the players affected by the mortgage crisis, including consumer groups, housing counselors, and banks. In fact, the Hope Now Alliance was headquartered in the offices of the Financial Services Roundtable, a powerful banking industry trade group. Hope Now’s lobbying disclosures were filed jointly with the Roundtable, and they show efforts to defeat cramdown and other mortgage bills supported by consumer groups.
Hope Now eventually became HAMP, but the same problems were inherent in the structure.
I’m glad Pro Publica took this up, though the narrative has been obvious for months. It deserves more attention. The Obama Administration directly worked against the one tool that homeowners could have used to get relief, at great cost to the economy overall.




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I’m shocked, shocked I tell you!! And I read an interview yesterday where some corporate media clown was interviewing Larry Summers. The dude still doesn’t get it. If there is one person who is more arrogant than David Crosby(yes, that one!!), it has to be Summers. The pig is blinded by what he perceives is his own brilliance.
It’s a complete disgrace, that HAMP program. Truly a moral outrage… We had our own issues paying the mortgage some time back. Fortunately for us, PA has a program that actually helps homeowners to keep up with their mortgages and it can be repaid at a reasonable rate, too.
Exactly analogous to the behavior on the healthcare bill. Pretend to be for: the public option, drug negotiation and drug re-importation, and then either bargain them away in non public meetings with the affected industries and/or strong arm and arm twist and work against their passage later in separate bills , a la the Dorgan drug re-importation bill.
I can’t imagine how President Obama will be able to overcome these examples of his cravenness as a candidate in the next election. He clearly says what people want to hear and pretends to be for stances that benefit the general public while running for office and then does everything in his power to effect the opposite once in power.
He has done more to advance the cause of cynicism than anyone in recent memory.
One of the many reasons that Obama does not deserve re-election.
I’m not sure that I trust any reporter who uses the word moderate twice in one sentence
to describe Jim Marshall and the Blue Dogs.
This is what you get from an amoral narcissist who does everything based upon what he perceives to be in his personal interest.
here at the lake it was proclaimed obama was a corporatist long before he was even elected, I believe echan was among the first to document his corporate voting record
and then we all realized the fact when he lobied for the bush tarp, a gift to the very people who robbed the economy blind, bringing it to it’s knees in a depression only rivaled by the great depression
and then of course when he lobbied for telecom retro active immunity, without even hearing about the crimes they committed
of course he was going to lobby on the banks behalf and against cram down
the real kick though, cram down would have been GREAT for the banks, they just didn’t want the write off to come as quick as cram down would demonstrate but their bottom line would be far greater then having to sell foreclosed homes in a depressed market
but the point of this post;
obama is a corporate marionette, what they want he’ll provide
I’ll argue that point
I doubt obama does things mostly for his personal interest, if that were so he would have lobbied for the public option
he does the things his corporate sponsors want him to do, he is not doing anything to get re-elected, everything he has done has harmed those chances.
he is a marionette plain and simple
good point, anyone calling a blue dog a moderate is clearly serving up that kewl aid
He gets huge campaign contributions from insurance, pharma, the banks and Wall Street to advance their agenda. All to get reelected.
Huge props, ProPublica.Org!
Just as we should be reading, every day, a story about an individual or family destroyed by the economy [foreclosure, job loss, lack of health care], we should be served, daily, a story reminding us of what a cowardly traitor Obama is.
How many days ’til 2012?
At The Family prayer breakfast, O said he was motivated by the biblical injunction to serve ‘the least of these’. It is an argumet for atheism that God din’t open up the sky and yell ‘Bullshit!’
One thing that seems consistent is that at every turn I can think of…Obama has colluded to keep the “sins of the father” a secret. He helped to collude with fisa violations, torture, and the financial crimes. Every one of his decisions does what it can..while at the same time…actively working to keep the secrets. Cram down legislation would have and still would, uncover the the depth of the fraud in the micro environment. People’s accounts padded with illegal fees, sometimes absolutely random. This in my opinion, is the truth yet untold. And covered by a lack of cram down.
Too many.
Maybe we should start a countdown clock or put out bumperstickers with the 2013 inauguration date, similar to the ones that had the 2009 date.
that’s a good point but don’t forget they are contributing more money and more support to the other side
for a sum negative
he will not get them to lobby for him and he has lost the progressives
he’s really not too smart a man I have to say he loses every hand played
Agree. But I do think that the deepest part of O’s personality is his identification with the interests of rich & powerful people. It may or may not end up being against his personal interest to injure homeowners and people on the health care access bubble (which is most of us). Time will tell whether this amoral fake gets re-elected or not. But even if he loses, he will have done what his character impels him to do.
I’ve asked before and never received an answer: What happens to the responsible homebuyers who made a real down payment and have some equity left and aren’t going bankrupt when houses in their neighborhood receive cram down adjustments? Don’t home values fall and aren’t the responsible buyers damaged by those who gambled that house prices would always go up and that they could refinance (and take money out) again and again?
Good one.
The legit homeowners may be damaged, but one argument is that if those who use cramdown stay in their homes that’s better than having a huge number of vacant, unsold (un-sellable) houses and condos sitting around. Cramdown and decrease in property values can, in some instances, be used to get the property taxes of nearby properties reduced. This cuts into government revenue but at least it somewhat eases the burden on legit homeowners.
Then there’s the fact that legit homeowners are at least not paying rent, not entirely throwing away money, can use the property as they wish without prohibition on things like pets, or paint color or the other things that landlords often want to regulate.
David Dayan, I know you are an advocate for cram down, but I really would appreciate an answer to the anticipated outcome for responsible homeowners. I keep asking and you keep not responding.
The fault in this idea is that the housing values are already decreased. Housing prices are shit. Adjusting a mortgage to the current market value isn’t going to drive prices down any further.
Beach, I’m in California. I cannot imagine how someone making full payments on a $750k house is going to feel while their next door neighbor, through his irresponsibility, is making payments on a crammed down house now valued at $450. Call me a curmudgeon, but I’d be furious…..and no amount of tax relief is going to make up for my loan payments.
I don’t want to speak for David and I hope he answers you, but there is an inherent assumption in your question that foreclosed homes will not adversely affect home prices. Either way, responsible homeowners have been seriously screwed by mortgage fraud. Ironically, cramdown might be better for the responsible homeowners, if it helps prop up home prices compared to the likely freefall from foreclosures.
You could blame that on the people who flogged the market to $750,000 home prices.
A quick word choice note.
How many people here, if they didn’t know what it meant beforehand would want something called cramdown?
The word is horrible. Can you hear yourself saying,
It’s a terrible word. When the conservatives want something and the word is bad they change the word. Estate Tax is Death Tax. Anti-Abortion is Pro-life. Polluting the Air is Clean Skies Act.
Transform the word, you can help transform people’s understanding of it and their desire for it.
I don’t know what it should be though. I don’t have a Luntz Focus group to test phrases, but we can try.
Mortgage Relief?
Judicial Loan Control
Mortgage Re-modification
Again. I don’t know the correct phrase, but I don’t think cramdown is it.
Think, if the Conservatives wanted Cramdown what would THEY call it?
Thanks, phred, for your input. Actually, I do recognize that multiple foreclosures pull neighborhood values down. Fortunately I live in an area that is remarkably stable, but I’d rather see extended mortgages or some other suggestions rather than just cramdowns for those who didn’t think ahead. My guess is the thoughtless wouldn’t settle for extended mortgages anyway……house isn’t worth it. But why should the bankrupt get a break while responsible owners do not? I mean, really.
Obama sells favors to the highest bidder. He’s a Corporatist whore and bazaar barker. Get your Gov’t favors here just 99.99 special just for you. He’s made so much this last two yrs. he doesn’t care what any of us say. If we can’t met the price for this stuff screw us. He has no conscience , morals or ethics , this boy is all business 24/7.
They’re bankrupt.
You’re not.
But most of the irresponsible homeowners are already out of their homes. They lost them in the first round of foreclosures. the people losing their homes now are the ones who have lost their jobs or have a medical emergency, etc.
So you stay in your home, I assume you can afford the payments, why wouldn’t YOU want to get a cramdown readjustment yourself if it didn’t wind up screwing you like HAMP has proven it does time and again?
Would you rather live in a wasteland or see your neighbors made whole?
If the housing market weren’t still being attacked, YOU, even if you didn’t want to renegotiate your loan ( which I can’t imagine not doing) would be much better off than paying on a home that keeps losing it’s value.
It would, instead, go up.
So if you’re only concerned with yourself rather than the society around you, it still would be to your benefit to see the housing market stabilized rather than sold to multinational corporations called banks.
Unfortunately, Obama doesn’t seem concerned about it so, it’s not going to happen.
I totally agree and I think it’s deliberate; sort of like “Global Warming” or even “Climate Change” it should be “Atmospheric Thinning”
I think KrisAinCA really cut to the chase with their response. The fact is that in areas affected by the real estate bubble, no home is worth what was paid for it over the past decade (give or take a couple years). So in the example you mentioned of a $750k home next to a $450k home (or a foreclosed home), chances are you couldn’t sell the $750k home at that price.
So the mortgage fraudsters managed to screw everyone.
You raise a really interesting point though, if a person making payments on a house whose value was artificially inflated by the fraudulent activities of banks, then it seems to me that they should be eligible for cramdown as well. I think that is something we should be advocating for here.
The banks intentionally defrauded home-buyers of all stripes, as well as investors. Everyone affected should be able to claim reparations of some sort, whether all home-buyers during the bubble years getting re-adjusted mortgages based on the current value of their homes or investors forcing banks to buy back the mortgages.
In all likelihood this would put the offending banks out of business. In the grand scheme of things, that shouldn’t matter, since last I heard the Fed has $2 trillion to throw around, I’m sure that could be better distributed among home-owners and investors than the criminal banking class ; )
I wonder what it would be like to be governed by a real Democratic President?
It’s also what Thom Hartmann said on his show today: get the better off to blame the poor instead of the real thieves. summed it up pretty well for me what’s happening.
The fairest and most viable solution I can see is to cram down everything to 1995 levels or so. That’s where wages currently sit. Do it across the board, on every mortgage, underwater or otherwise.
Reset the market. The TBTF banks may fail, given that they don’t have the liquid capital to cover the losses, but so be it.
I know, I’m dreaming.
Only problem with that is an article I read a few weeks back saying the MBS market is currently valued around $13 trillion, largest asset pool in the world.
$2 trillion isn’t enough to cover devaluations of 30-50%.
With cramdown, it would be up to the courts. If your judges are sane then the more outlandish scenerio’s simply wouldn’t happen in your local.
And regardless, the forclosure crisis has been moving like a wrecking ball thru our economy. It does need to be stopped, even if the results are not perfectly fair to “responsible” homeowners.
Thanks, pfred, for your balanced view. Yes, I think the banks have had enough and that everyone should be made as whole as possible. I used to do bankruptcies, and I experienced a whole lot of people who worked/gamed the system. They always drove better cars than I ever did.
And, Kassandra, people’s ARMs are still coming due … I know a family that just recently walked away from their overpriced home (way nicer than mine, by the way) even though they could afford it because, well, heck, it was no longer worth what they ‘paid’ for it (they paid zero, by the way.) Yes, I blame the mortgage brokers and banksters, but I still don’t think responsible buyers should be penalized while someone else benefits. It’s crazy.
I’m not sure that’s what Dearie meant. I think Dearie raised a valid point, but from a slightly reverse point of view. It isn’t that the person paying $450k is getting a “break” on a house worth $750k, because the reduced price is what the house is now considered to be worth.
However, by fixing the problem for one class of home-owners, another class, who were equally ill-used, are unfairly singled out to pay the banks more money than they should because the banks fraudulently inflated the price to begin with. I don’t think that is right. The banks should not be entitled to collect payments on an inherently fraudulent contract, because they artificially inflated the price.
It sure is a nice dream, though. And I agree with you entirely.
This is the core issue, and until our government acts in this direction, we will not have real resolution and the housing market will not heal.
The banks flat out LIED. They drove these housing values through the roof so their securities were worth more. It’s been all fraud since 1998 or so. Folks should get their money back, with damages, as is the law in this country.
That’s true, you can’t cover all of the losses, but then the value of those assets were never real to begin with. The investors are hosed, home-owners are hosed (even with across-the-board cramdowns, since the loss in real estate value has significant ramifications for retirement savings), the world economy is hosed. Seems to me the least we can do is to put the damn banks that caused it all out of business.
And while we’re at it seize every red cent of Blankfein’s out of sheer spite ; )
Thanks David,
So much for the general welfare….
Team Obama is looking more and more like a bad combination of Woodrow Wilson, Grover Cleveland and Jefferson Davis. Old school Democrats…
There’s a solution to this. Wage increases. Corporate profits, as OilBomber said in the SOTU, are at an all-time high.
But, oh, how do we make our government do what it is mandated to do? Obama fails. Both parties fail. I try not to despair, but it’s hard sometimes. And I see values and ethics declining in the populace. Or maybe it’s always been that way and I’m just painfully naive. I gave up doing bankruptcy law because I could no longer stand the clients. No so when I was working pro bono for poor folks who were being destroyed by medical bills, but I just couldn’t stand the working middle class folks who bought new furniture and took trips on credit cards and then timed it out to banrupt themselves after 90 days (some were so brazen they didn’t even bother to adhere to the 90 days.)
Oh well…..
There are solutions to a lot of things. We just can’t have them.
Watch the Egyptian protests, that should cheer you up : ) It’s been doing me a world of good.
Eventually, people get fed up. I may not live long enough to see it here, but eventually people get fed up. And when they do, they can change the world : )
I have hope now that the US can accomplish something similar to Tunisia and Egypt. It’s amazing to watch revolution on this scale.
Yep, I’ve long wondered why we Americans have not taken to the streets….I’m ready. Seeing what’s happening in the Middle East is both shocking and exhilerating. I wish them safe and well and successful…….and strongly dream that they will find true leaders and not just phoney ‘hope&change.’
I, too, live in CA (SoCal) and know what you’re talking about. Ironically, the house next door to the east sold a couple of years ago at the height of the market for $766K. Not worth that now.
Me, too. Wonder if it would be anything like The West Wing? Seems to me, the Obama presidency has cost Aaron Sorkin a huge bundle in residuals. Not much of a syndication market for The West Wing when its premise is torn apart by the stark betrayal of President Pinocchio and his cohorts.
God was probably too busy throwing up when Obummer invoked the Bible.
“without even hearing about the crimes they committed” or because of the crimes they committed?
It was all lies from the get go. Obama never went after the banks for soliciting bogus fraudulent liars loans, while they received a gratuitous no stipulation taxpayer bail-out, so I would never expect them to do anything different on cramdowns.
It amazes me that there is so much evidence of the pawns of the American oligarchy doing their business out there that “the people” haven’t yet gotten the torches pitchforks out. Maybe it has not gotten bad enough for most people yet, not to mention the effectiveness of co-optation and repression. I suspect, as the events in Tunisia and Egypt show, that sooner or later the American people will be squeezed to the point that they take back control of our country. There is gonna be a lot of needless suffering until we get there, as this article demonstrates. Got a little hope left, but not much.
The analysis is exactly right in that the existence of a readily available, fair cram down provision in bankruptcy often makes filing a bankruptcy unnecessary. Lenders know that there’s a floor they can be forced onto, the value of the real property they hold a first mortgage on when subject to a cramdown, which is ordinarily fair market value, not the sometimes ludicrous and often intentionally inflated loan value held on their books.
If they push too hard, lie to or chronically ignore a debtor’s rational request to refinance their mortgage, they know that debtor will file bankruptcy. That will force the bank to take a hit on the asset value of its loan. It will force it to suspend foreclosure and all other collection actions. It will force it to wait and pay for processing their claims as part of the bankruptcy estate.
All of that is anathema to banks, so with a cram down provision in force, they agree to refinance the mortgage loan to a lower amount. They walk away from part of the value of their loan, but in a manner that keeps payments current on the refinanced portion, that keeps the homeowner in their house, with fewer financial worries distracting from their productivity and home life, and with better credit and a more secure local community.
What’s not to like? Wall Street would have to revise the values of its many asset pools. That’s work and lost value, since the pools are subject to a risk the banks imagined they had structured them to avoid, and the securities issued with mortgage loans as backing are worth marginally less and may be somewhat harder to place.
Mr. Obama frequently makes clear that when his base or all of Main Street Americans are in conflict with the banks, he always sides with the banks, as do both parties in Congress. He’s engaging in a continuing terminological inexactitude by calling himself and seeking re-election as a Democrat.
The mortgage issue is huge. Simply paying them off, as McCain suggested, was bogus nonsense. Cramdowns would have caused very uneven results, bankrupted banks, made people angry that the irresponsible were saved and so it failed. I feel quite safe in betting everything my pocket that the banks were completely against the cramdown.
That left the gov’t with very little to offer. HAMP is up to the banks and they’re not yielding. Fannie & Freddie can buy some MBS, but there are limits. The original idea that TARP would be used for that was also too much of a fantasy, so the bulk of that was used to save the banks.
But, since banks aren’t helping with loans or mortgage modifications or anything, it doesn’t means we have to go out of our way to offer them more than the minimum to keep the economy going. Doing Quantitative Easing may bother them, but what do we care. It’s for the economy. Reducing fees for parking funds at the Fed may bother them, but what do we care if it helps the economy by pushing more money out as loans. Letting the MERS problem go through the courts may irritate investors & banks, but what do we care. It’s the Law and they made it that way to protect their property rights. Besides, how can we change it now without making a mockery of Rule of Law. Now we get to see the effects they bought & paid for.
In an emergency some things may be necessary or peculiar despite the fact they would never ordinarily be done. That’s why Pres. Obama often asks rhetorically, (paraphrasing) ‘Do you think this is what we really wanted to be doing?’ We’re recovering and the emergency seems like the past. Now we can move to the mortgage problem without being quite so concerned the banks may fail or Wall St. may take a hit. Fixing this problem will move us forward and so it shall be. The main problem is that it’s slow. The courts always are when you want things to move faster.
The one thing which might make it move faster is to offer a pre-designed cramdown solution for foreclosures where the bank decides they’d like to do that instead of just losing the property. Is it wise for the gov’t to step in to do even that? Perhaps. I think FDIC chair Sheila Bair worked on something like that many months ago and it didn’t really go anywhere. Maybe as this process builds up a head of steam it would be wise to have such a thing ready to go. People who’d rather see banks lose it all (because they deserve to) may differ.
As I’ve said for some time, if anybody has a better solution which doesn’t have side effects which destroy the economy, then they should shout it from the rooftops or on a blog.
As if Americans are not suffering uneven results? And look who keeps benefiting. That is exactly what some would like to see- uneven results, or at least some punishment (of any kind-or true justice) for those that keep creating the problems and continue to. This weakness of Obama to fight for common America is heart-wrenching to watch and who wants this victimization renewed in 2012?
Th government is in collusion with the bad guys and no defense of Obama can rationalize that the government has shown it has plenty to offer, but to our detriment. Further, they make bad decisions and apologies without consequence and too often.. at the expense of the middle class. Leaving it “up to the banks” as a strategy, so that nobody important has a chance to yell- this speaks to our own need for a revolution. Gross inequities for Americans is not ok and we have somewhat the same problem as those in Eqypt.. our tax dollars are not returned to us in the form of investment for a better standard of living. The bullies in power are stealing our future. It feels like America has been looted.
You say that like it’s a bad thing!
TBH, it seems to me like it would have been a good thing. The banks should have been taken into receivership so we could clean up the books, fire the failed executives and broken up the institutions into manageable sized pieces.
As for concerns of “uneven” results and folks getting angry that the unfortunate wouldn’t be utterly crushed… Why placate a bunch of petty sociopaths? We have an economy to save! Rather than ensuring that the entire economy is burned to the ground in an even fashion, we should be trying to put out the fire and save the economy.
Narcissist? Obama loyalists prefer to use the word ‘pragmatist’.