Ed Luce, generally a good columnist, missteps here in this profile of the Ed DeMarco decision on principal reduction. He gets the basics right, that the housing market is a lead weight on the economy that will prevent “escape velocity” and a recovery fast enough to significantly reduce unemployment. He does not get right, or only hints at, how DeMarco fits into all this. To wit:
In the coming weeks, Washington will discover whether Edward DeMarco, acting regulator of the Federal Housing Finance Agency, is susceptible to political pressure. Most Americans have not heard of Mr DeMarco. But millions of homeowners will be affected by what he decides. One way or another, that will also apply to his nominal boss, President Barack Obama.
The problem is that millions of homeowners will not be affected by what he decides. Three-quarters of all underwater mortgages at the GSEs are current: that is, the owners are making their mortgage payments on time. DeMarco’s principal reduction decision would only apply to those homeowners who are seriously delinquent on their mortgage payments.
Nobody in the Administration or the Democratic establishment has pushed for broad debt forgiveness. They segment their policies, with refinancing for those “current” underwater borrowers, and principal reduction for the delinquent. Since Fannie and Freddie are already pursuing refis, that means that DeMarco’s “big decision” would only impact a small universe of borrowers, far less than 1 million, and far less than 10% of the total subset of those underwater.
This is proved by DeMarco’s preoccupation with “strategic modifiers,” those hypothetical folks who would go into default to reap the rewards of a principal reduction. If current borrowers stood to benefit from his decision, there would be no such thing as a strategic modifier.
Luce criticizes Obama for “pulling levers that do not work” in housing policy, but he seems to mean the inability to fire DeMarco, not the cascade of ineffective programs to mitigate the foreclosure crisis. Luce does say that Democrats realized only too late the centrality of housing to the recovery, and that while “the situation has long demanded a bazooka … Mr Obama is offering only a rifle.” That’s true, but he, like every Democrat in office, won’t speak about the implications of his rhetoric – that with the private sector deeply in debt and thus still unable to boost the economy enough, we need broad debt forgiveness to write down mortgages to current value.
To the idea that banks wouldn’t go for this: I give you the fact that banks are worried even about the minor policy that DeMarco may (I think will) endorse:
The banking industry is concerned that Edward DeMarco, the nation’s chief housing regulator, is moving toward a plan that would allow some homeowners to walk away from their mortgages. [...]
“Principal reductions create an incentive for a huge group of borrowers who have continued making their payments, despite lower home prices, to stop paying in hopes of principal forgiveness,” said Frank Keating, the president and chief executive of the American Bankers Association.
Strategic default is a dog that hasn’t barked throughout the foreclosure crisis. You don’t want to do it and take the hit to your credit score, making you ineligible for practically any major purchase for decades. And you don’t want to measure your ability to game the system to mortgage servicers, who may see your default, deny you a modification and raise you an eviction.
Notice that the big banks are relatively silent on all this. It’s really the community bankers and credit unions opposing GSE principal reduction. That’s because the big banks stand to benefit by boosting the value of their second liens, which they wouldn’t have to write off.
In the end, DeMarco’s choice may lead to a bunch of hot air in op-eds, but it’s not going to cause a revolution on housing policy either way. And so we’ll limp along, because protecting and defending banks has taken priority over protecting and defending the homeowner.




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It’s time to revisit the bankruptcy laws.
I will never understand why cramdown was defeated. Bankruptcy judges were/are in the best position to do case by case evaluations.
But David is right, across the board reductions on underwater mortgages would eliminate strategic default, which is almost as rare as that other GOP Yehti, the double voter
Nope. If businesses can file bankruptcy to get rid of their obligations(and they do) I see absolutely no reason that regular folks shouldn’t be able to do the same.
Let’s ask Mitt.
Are “businesses” people too???
We need to reverse the changes to the bankruptcy law from 2005(?) and put them back to where they were before then.
We also need far more than a bazooka on the Administration’s housing policy, something more along the lines of a nuclear bomb might be about right. And Obama isn’t using a rifle, he’s using a small water pistol – not even one of those supersoakers, but the old-time small handgun type.
Heh
They are “special” people. That’s what ticks folks like shooter off. How dare the peons treat their obligations like business transactions! Frankly, I have little pity for the banks. Their logic for charging large interest rates is they were taking on “risky” loans. Well, welcome to the downside of risk.
Maybe all of us should individually incorporate. Each person; one business.
The changes to the bankruptcy laws in 2005 were in response to all the Republican and banking concerns about people abusing the system. Yes, I am sure there were some who gamed it in some form or fashion, but the banks now are sucking some of us dry — totally. I was out of work for 15 months three years ago. I wound up using 401(k) funds to stay afloat and hang onto the house, at my then-wife’s insistence. Bank of America insisted on us going into a debt management program for our unsecured debts,which we did. However, due to various factors, BoA refused to work with me after the divorce to pay off my half of the outstanding debt. I have stopped paying them…
As for the house, I am underwater on it. I have been approved for a modification, but is it really worth it? I don’t think so… It needs some major work done on it that I cannot afford, even with the modification, and I do not see it regaining any significant value any time soon.
I am 59 years old, with nothing saved for retirement. A complete bankruptcy seems the best thing to do, but I think it is doubtful that I can get it. I would likely land in one of those repayment plans based on the “means” test.
Congress definitely needs to revisit the bankruptcy laws, especially in light of the financial debacles over the last few years. There are many of us who truly need to start over instead of worrying about further enriching the banks…
That’d be great than maybe some of us can get some of them subsidies like GE manages to get too and not have to worry about the GOP calling it welfare and freeloading.
That is wise, because gaming the system is invented, operated and owned by the banks. There is zero probability that you will be successfully able to game banks.