Shaun Donovan, the Secretary of Housing and Urban Development, made some news today at the US Conference of Mayors, by saying that a foreclosure fraud settlement was imminent and that it would include principal write-downs for up to one million borrowers.
About one million American homeowners would get writedowns in the size of their mortgages under a proposed deal with banks over shady foreclosure practices, Housing and Urban Development Secretary Shaun Donovan said on Wednesday.
The deal, which could be struck within weeks, would mark the largest cut in the mortgage load since the start of the credit crisis in 2007 and could pressure the government-sponsored mortgage agencies to also reduce principal on underwater home loans.
“We’re very close to a settlement that would both fix the servicing problems, but also help over a million families around the country stay in their homes and get help,” Donovan said at a U.S. Conference of Mayors meeting in Washington.
A couple things here. First of all, there is $750 billion in negative equity in America, and the most expansive number I’ve seen for this settlement is $25 billion, or 3.3% of that. And all of that would not go to negative equity: there is reportedly money in the pipeline for wrongful foreclosures, legal aid, and penalty payments to states and the federal government. Further, there are 10.7 million properties in negative equity, and this alleged deal would help less than 10% of them.
Let’s for the sake of argument say that $20 billion will go to principal write-downs. Donovan is talking about 1 million borrowers getting help. That’s roughly $20,000 per borrower. It’s hard to figure out the average negative equity, but here’s a stab from CoreLogic:
Some interesting data on borrowers with and without home equity loans from CoreLogic: “Of the 10.7 million borrowers in negative equity, there are 6.3 million first liens without home equity loans that have an average mortgage balance of $222,000. They are underwater by an average of $52,000 which equates to an average LTV ratio of 131 percent. The negative equity share for the first lien-only borrowers was 18 percent, and 40 percent had an LTV of 80 percent or higher.
The remaining 4.4 million negative equity borrowers hold first liens and home equity loans with an average mortgage balance of $309,000. These borrowers are underwater by an average of $84,000 and have an average LTV of 137 percent.”
So a $20,000 write-down would be helpful, but on average would not get anyone back even half of the negative equity in their homes.
At this point I should say that Shaun Donovan has been predicting an “imminent” foreclosure fraud settlement for several months. Here he is from December. And here he is trying to get Eric Schneiderman to go along back in August. To Donovan, a deal is always right around the corner. He’s cried wolf enough that we should not accept these claims at face value. The settlement has missed at least a half-dozen deadlines, and is perpetually weeks away.
A better possibility would come from Fannie Mae and Freddie Mac willingly offering principal reductions on loans it owns, which would require no settlement at all. House Democrats want to subpoena Ed DeMarco to answer questions on principal reductions:
FHFA Acting Director Edward DeMarco has long defended the agency’s policy of keeping Fannie and Freddie mortgage servicers from writing down principal. Allowing such an option would only forge more losses for the government-sponsored enterprises who already owe the Treasury Department roughly $151 billion in bailouts, he and both CEOs at Fannie and Freddie concluded [...]
In a November committee hearing, DeMarco said he would provide the lawmakers documents and analysis used for determining the principal reduction policy.
But despite numerous requests since, DeMarco has not sent the materials. Reps. Elijah Cummings, D-Md., and John Tierney, D-Mass., sent a letter to committee Chair Darrell Issa, R-Calif., Wednesday asking him to subpoena the agency.
“While Mr. DeMarco has failed to provide supporting documents demonstrating why a principal reduction program is not in the best interest of taxpayers, economists are increasingly announcing their support for such a program,” Cummings and Tierney wrote.
Heck, the Federal Reserve supported principal reductions in a recent white paper. You don’t need to indemnify banks for crimes they committed to get some policymakers in a position to make decisions to agree that principal write-downs would not only be beneficial for the economy, but a better deal for mortgage investors and lenders in the long run, rather than another surge of foreclosures.
More on the Donovan speech from the Wall Street Journal, who adds a new wrinkle, that regional banks have been included in the settlement talks. US Bancorp, for example, announced that they set aside money for a settlement in a recent financial statement. PNC Financial, SunTrust Bank and HSBC are also involved.
I’ll have to see an actual settlement at this point before I believe one is truly coming. The fact that over a dozen Attorneys General met recently in Washington to plot out an alternative suggests to me that nothing is happening at a national level.




35 Comments

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I don’t think it’s just underwater homeowners who’ve also been foreclosed who are a problem.
What about the plain vanilla homwowners who are not in default and/or not underwater, but whose chain of title had nonetheless been screwed up by the fraudsters somewhere along the way? Those owners bide their time, enjoy their home, make their payments and never hear a discouraging word from anybody. Then, sometime later, they decide to move and sell.
At that point a cautious closing attorney who has experience in these bad times digs deeper into the property’s history and finds something which would have gone unnoticed before?
I’m no attorney or real estate geek, but it seems like a ticking bomb going forward. All we are hearing about now are the underwater homeowners in default since they are obviously in the most trouble now. Is that all there is?
I make the same settlement offer I always make:
In return for a full confession, full restitution to those damaged and a antionwide principal writedown to current market levels, I would agree to limit criminal charges to only the executive officers and board members.
Boxturtle (And I would not request consecutive sentences)
Wait a second. When did Napoleon Dynamite become the Secretary of Housing and Urban Development?
Homeowners should not wait till they try to sell to find out about their title. If the banks collecting the mortgage payments cannot demonstrate they are legal holders of the note, the nomeowner may get a free house.
I think it would be fair to offer the banks full legal ownership of all titles they claim if they’re willing to pay the back taxes and fees on the title transfers to the county and city governments, and willing to write down ALL mortgages to national market levels, with rate adjustments to the current market.
Goldman set aside 12 BILLION for bonuses and now the banksters are collectively settling the foreclosure mess for 25 billion. A tiny bit more than twice what ONE bank sets aside for bonuses.
And who said the Obama administration isn’t bought and paid for by Wall Street.
You’re right, it’s not just the underwater.
ANY mortgage that has passed through MERS has decoupled the note from the loan. The borrower still owes the money, but the lender can no longer foreclose. They must go through bankruptcy court and get in line with the other UNSECURED creditors.
But you’ve been paying, every month. Does the person you’re paying actually own the mortgage? If it’s passed through MERS, you don’t know. If it turns out that someone else owns the mortgage, they’ll want their money and won’t much care how much you’ve paid someone else.
Some courts have ruled that NOBODY owns a MERS mortgage. Others have held that whomever first sold the mortgage to MERS still holds the note. One ruled that the property transfers were invalid since the recording fees haven’t been paid and no entry was made in the recorders office books.
With all the above, try to sell a house bought in forclosure that has been through MERS. You might find a buyer if the price was right, but you won’t find title insurance.
Boxturtle (Law would imply that you’d go back to the county office for the last RECORDED owner)
You still owe the money, but they can’t forclose. And lots of states have laws that protect the primary residence in a bankruptcy.
Florida, for example.
Boxturtle (When your obvious bust poker hand is face up on the table, it’s best to fold rather than raise)
My prediction for how this ends:
The banks will offer significant principle reductions to homeowners willing to sign a new mortgage note. The government will cancel the banks losses via regulatory goodwill.
Nobody will face criminal charges.
Boxturtle (And another MERS will be set up to avoid fees without separating the note from the mortgage)
Owe the money to whom? If the banks can’t prove they are the legal holders of the note, the homeowner isn’t obligated to make payments to them.
I don’t have the link handy, but there are attorneys who are specializing in this. Their clients are getting free houses.
I’ve been surprised there isn’t a lot more of this going on. It seems so obvious.
All I care about is that nothing stops an investigation into what really happened. We still don’t have the full truth and it’s always the secrets that kills. We are only as sick as our secrets!
to sign a refinance deal…and boy!! are they hounding me to refinance! You have to sign an agreement not to hold them liable for past problems in the loan. The problem is that all those bogus fees are wrapped into your new loan. It’s a win, win for the banks. It legitimizes their currently false and fraudulent bottom line…and it protects them from prosecution. We have to investigate what happened or they will continue to do these behaviors…it’s lucrative and reinforced by a settlement!
The money would be owed to whomever owns the mortgage. Remember the note (Which basically establishes the house as collateral) and the mortgage (which says you owe the money) are legally separate.
The mortgage would be held by the last person to correctly record the information at the county office. This would normally be the issuing bank.
Other states have other laws, property rights have always been a state issue.
It may well be cheaper for the banks to walk away from the fight and surrender the home, especially for homes under $100K or so.
Boxturtle (Remember, if you get you house “free”, that’s taxable income)
Maybe we need to come up with a “Donovan Unit” for this — something like the Friedman Unit, but for a shorter and less specific time frame.
This has big implications. Once a critical mass of people find out that this works, the banks are in serious trouble.
Ya’d think.
On edit: In fact, it’s so obvious and the implications are so big, it makes you wonder what is going on behind the scenes to make sure it doesn’t happen.
But didn’t bypass the recording of the information at the county offices? Didn’t the notes get packaged and repackaged repeatedly as mortgage securities? If the chain is lost in MERS, there is no way of determining who legally holds the note.
I think the Feds should implement a program to reimburse people who bought stock in American Airlines and Eastman Kodak a few months ago. Their negative equity is %100. Give me a break. People stupidly overpaid for houses during the housing bubble. Get over it. They deserve to suffer the consequences of their bad decisions. At the same time, banks and mortage lenders who committed fraud should be prosecuted up the ass and those affected receive restitution. This is a separate issue and should not be conflated with mortgage write-downs (i.e. handouts to dumbshits).
How many times do we get to see the Ignorance of people holding offices in high places?
Either they place the banksters in Prison, or they write all the mortgages paid in FULL!
How many more times do we have to pay for those mortgages they screwed up?
Ghost@18: Correct. So they go back to the last CORRECT entry on the books. Which is normally the bank that issued the mortgage before selling it to MERS.
Now, if I bought a house that had been through MERS several times without ever coming out, that correct entry could be decades ago.
Boxturtle (County clerk doesn’t care about offbook sales. What’s there is there)
Great example of Vulture Capitalism and no regulation you have there.
Also, a great example of ignorance besides the subject of this article.
That is true. The public registrar recordings are what matters and if the Deed of Trust/Mortgage cannot be found, then the property is free and clear of mortgage. In other words, if the original mortgage party is no longer a viable business and there is no chain of records to assign that debt to another company, then the debt is no longer on record.
“They deserve to suffer the consequences of their bad decisions.”
That’s kinda the point; for 300 years, we had a system which was the envy of the world which determined consequences. Now, inside of a dozen years, we don’t.
>At the same time, banks and mortage lenders who committed fraud should be prosecuted up the ass and those affected receive restitution. This is a separate issue and should not be conflated with mortgage write-downs (i.e. handouts to dumbshits).
Nice try, but they’re inextricably tied together. Systemic breakdown, systemic fix. And the criminal justice system is the last way to do it.
So whoever owns the mortgage now has an unsecured debt, instead of one secured by the house. They can still try to collect from the borrower. That change in the borrower’s exposure is a significant part of the damage that is being alleged in this nice little class action cookie that’s apparently in the oven (link goes to nakedcapitalism).
Actually a free house would be a capital gain, exempt up to $250k I believe.
That would make an average homeowner pay less on their capital gains than Mitt Romney pays on his. Forgiveness of a $350K mortgage would propel someone into the top 1%. Those evil rich bastards!
Shooter@26: it’s not a free house, it’s forgiveness on a loan. Straight income, I believe.
Boxturtle (Any real tax experts out there care to comment?)
There is no electronic link to my reference. The story is in the January issue of Harper’s Magazine.
Sweet!
Yes, it is now unsecured debt. Let’s say we have John Doe’s mortgage on the examination table. His mortgage has been taken over by Chase and then Chase cut it up into 200 little pieces.
Chase then sold those little pieces all over the world. Two investors from Saudi Arabia purchased 75 little pieces, three from England, four from Japan, etc.
Now, who owns the mortgage and who can prove ownership of that mortgage to claim the debt is owed to them?
As soon as the banksers realized what a giant $uck up they had made, they ran to the government for a bail out. Bailout we did and then they found that the first bailout was not enough to cover up their sins. QE, and a few other innocent sounding vehicles were handed out.
Probably Chase or the servicing firm they use to handle the loan. The “slicing” of the loan is not that literal, I don’t think. What is divided up is rights to streams of payment that the loan generates, not the actual lien, i.e. the servicer is obligated to funnel portions of the money it collects from the borrowers’ payments to the different tranches of the mortgage-backed security. I think.
You can never find a derivatives specialist when you really need one.
Well, only if Chase did the correct Deed of Trust transfers and recordings. If so, then yes. But from what we are seeing they didn’t bother which is why Jamie Dimon has his briefs in a knot.
Wow. Really?
The loan originators and banks operated the largest pump and dump scheme the world has ever seen, artificially driving up the cost of housing for EVERYONE, not just the “dumbshits”. The housing market has lost over half it’s value since 2006, which has suffocated the economy, added to the public debt and burned investors.
The only way to have avoided the being directly victimized by the fraud was to have stayed out of the housing market from 2002 through today (values are still sinking, and titles are still a mess).
But hey, no problem. We bet. We lost. It would have been nice if you smart folks had mentioned that by getting a new job and moving to a nice little house, we were really entering your financial casino, and that the tables were rigged.
I still don’t quite understand what you are saying with respect to MERS. My documentation says MERS was part of the mortgage process. My county collects property insurance from me and shows me on their books. How can you tell if the chain is broken if your county recorded your deed and is taxing you?