The financial industry is taking another run at a plan to help homeowners, this time the proposed program in San Bernardino County that would use eminent domain laws to acquire underwater mortgages and then refinance them for borrowers at market rates. The financial services lobbying group SIFMA said they would exclude mortgages in San Bernardino and other localities that engaged in this tactic from what is known as the to-be-announced (TBA) market. Here’s their statement:
In the TBA markets, buyers and sellers trade in a forward manner – that is, a trade executed on a given day may not settle for one, two, or even three months. Importantly, at the time of the trade, the identity of the mortgage-backed securities that will be delivered is not known. Rather, the counterparties agree on certain general characteristics of the pool, such as the issuer, coupon, term (15 or 30 years), and settlement month of the trade. This means that the collateral that falls into the various categories must be considered fungible. Investors must have confidence that, as a general matter, one MBS is interchangeable with another. Performance should be comparable, and risk factors should be similar.
Yves Smith contends that the TBA market exclusion would not represent a huge loss for San Bernardino County or their borrowers. She estimates an added expense of 10 to 30 basis points (0.1-0.3%) as a result. But it’s an unnecessary expense, an example of bankers using their power to punish any entity that engages in something they disfavor. Even if this is justified – and it may be, given that the TBA market assumes that something like a taking in eminent domain cannot happen – it represents the same kind of thuggery banks engaged in, with regulator support, when they shut down state consumer protection laws against mortgage fraud during the run-up to the housing bubble.
Mortgage Resolution Partners, the private company engineering the deal in San Bernardino, issued a response to SIFMA, which concluded with the statement “It is hard to comprehend the motives of those who would employ discriminatory means to attempt to bully and coerce cities from staving off mass foreclosure and blight, rather than assisting cities in that urgently needed effort.” This is true, but they don’t make much of a case for why SIFMA should continue to allow those mortgages in the TBA markets.
I see this more as a warning to other municipalities. I don’t hold much of a brief for the MRP approach, which focuses on performing loans. And from the way that things are going in San Bernardino, their plan may never get off the ground. But I do think that eminent domain in general could be a solid approach in the absence of other real steps to arrest the foreclosure crisis. And by its actions, SIFMA is saying they will use all elements under their control to block efforts to ameliorate the crisis.




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maybe someone should let the Consumer Financial Protection Bureau know about this thuggery.
David, that’s as far as I got before I laughed so hard that I actually peed a little.
You might be getting a Pulitzer both in “drama” and in “comedy”.
They have those don’t they????
Good idea.
I’ll drop them an email.
Shorter Financial Services Industry -
My understanding was that the CFPB could not regulate or enforce against the mortgage industry, banking industry, or financial services industry. Only against credit card lenders and payday lenders.
Shorter still:
We’re just working for the compradors.
Email came back. Fax too.
Yves Smith also says that this whole mortgage eminent domain thing is a scam. You didn’t mention that part of her analysis though I notice.
Did Ann Romney write that???????
Fuck that blithering idiot. I’m so tired of hearing about her privileged ass. The knowledge that she breathes air on this planet is enough for me. The last thing I fucking need is to hear her actually being discussed.
These financial entities are nothing more than out of control sociopathic royalty. They don’t give a hoot about laws, or people, or anything but themselves. When will we have the much needed arrests of these criminals and nationalization of the monetary system.
Seriously, people in this country must be drinking too much fluoride. Will people get upset and do something when they are forced to line up their daughters for these kings’ pleasure? No, probably not. Americans are apparently completely subjugated.
Get down on your knees and put your foreheads on the ground. Your kings have commands that need to be carried out.
Underwaters ought to jingle mail the f*cking banks and be done with debt slavery once and for all. Be free – rent!
Just between you and me…..she doesn’t look sick.
I apoliogize for that. That was low blow.
What about her dancing horsies?
Horses are just like us people….just toys, tools, and servants to the Romneys.
OTOH, must be a bitch trying to remember which floor the elevator sent your car to.
The nutbag who did this shooting should not have had legal access to guns, because he is a dangerous nutbag. Placing that aside, he also made bombs or incendiaries. Had he no access to guns, he would have just brought homemade bombs with him to the movie theater. He apparently did just that in fact bringing a gas bomb of some sort with him. Ultimately, the bomb squad had to defuse his apartment.
I am not arguing that this guy should not have had weapons – he certainly should have. I just very much suspect that in some or a lot or all of the “active shooter” cases if you eliminate guns from the equation, you’d have “active bomber” or “active slasher” or active anything. People who are demented and dead-set on committing gross acts of mass violence will not be stopped by laws and limits.
This sounds like what GMAC (?) did in Massachusetts after they passed laws or had courts rule against certain things they cherished – like the ability to abuse the freaking hell out of anyone unlucky enough to have or want mortgage from them! So let the banks have their hissy because they’ll be crawling back to sucker people in again soon, just like GMAC did with their tail between their legs a couple of months later in Massachusetts.
That really was out of line. If I remember correctly, she has MS and that isn’t always noticeable. My sister-in-law also has MS and I can’t tell it most of the time. There are many crippling and disabling diseases that are not apparent to the naked eye, but are hell for the one suffering from them. I’m not saying everyone needs to stop bitching about her, because there are far more things with which to do so, just that her illness should be off limits.
I really enjoy Yves’ commentaries. Do you have the link to her remarks on this?
I’d be happy to read her side of the story.
Totally agree with you.
And back in the “Great Depression” some 35 states had laws that banned foreclosures of primary residence. Now you cannot even get the California legislators to pass legislation that would “reform” the banks and financial firms just a little teeny tiny bit. When that was tried in 2011, the lobbyists descended upon Sacramento, and two “D” legislators caved, and the legislation did not pass.
Naked Capitalism is definitely not a site that makes searching the archive easy:
“The Mortgage Condemnation Plan: Fleecing Municipalities as Well as Investors (Updated)”
http://www.nakedcapitalism.com/2012/07/the-mortgage-condemnation-plan-fleecing-municipalities-as-well-as-investors.html
From my reading of Yves’ take on this thing, it’s basically a scheme to defraud everyone so a few private interests can benefit, sticking the county/city/whatever with the costs when the legal bills inevitably pile up.
SO, San Bernadino, the city, DECLARED BANKRUPTCY. NOW, the Financial Services firms can do NOTHING to stop them doing what they have to do to FIX what the greedy, swindling banks won’t. HAHAHAHAAAH!!!
Financial Services Industry Threatens Retaliation
Gee, how much more wrecking can they do? They’ve trashed the world economy already. What next, a big smoking hole in the ground where we used to have a civilization?
Where do the a$$holes behind this financial global fraud and corruption think they’re going to move if they do that? Mars?
People need to realize the Democratic party is completely and totally sold out to the financial elite. People on the left try to act like Nancy Pelosi, for example, is the great gal that cares about the people. She doesn’t give a frigin flip for anyone but herself. She is up to her lifted eyebrows in Wall Street’s debt slavery of young adults through the takeover of the education system. Got herself about 250M…so far.
And I will never forget when NP said she was for single payer only after the ink was dry on O’poverty-upon-entry-care. (Meaning they, Wall Street, are coming for your property if you can’t pay for your own care sick or not.) People haven’t figured this out yet but they will. Poor people can live decent lives in passed down houses and little businesses etc and keep families together but they’ll be coming for that. That’s the whole point of ObamaCare and people have no idea what’s getting ready to hit them.
These Dems are paid to pretend to care about working people but then they just get together and pull straws to make sure they lose by one or two votes every time. Or give us Heritage Foundation Health care and act like they are so proud serving the people. And the HF’s entire purpose for being is to break the back of working people and make them vulnerable and malleable to industry. Ask the Koch brothers who have spent millions to stop Social Security and single payer. The fraudulent take over of government through the absurd two party scam has worked easier than stealing candy from a baby.
It’s a complete One Percent takeover and the law is on the people’s side. We need to throw the bastards out and recognize the phony duplicitous Dems for exactly what they are. We need to arrest these banksters and their puppets and throw them out NOW. The politicians on both sides of the isle are our employees and they’ve sold their offices to the rich and they were never their offices to sell. The Repubs, of course, don’t even try to pretend they work for anyone but the very richest people as their henchmen and slave controllers.
We can follow Iceland’s lead or we can learn to be the peasants of sociopathic royalty. Take your pick because that’s all you’ve got people.
That is all you’ve got. Wake up. We must all act in concert NOW! And that means opening your eyes and seeing both parties for exactly who they are.