The Federal Housing Finance Agency has decided to raise guarantee fees from Fannie Mae or Freddie Mac on mortgages in states that respect the rule of law.
Really, that’s about the size of it.
As Shahien Nasiripour points out today, the g-fees will go up in five states that have slowed the foreclosure process by either mandating mediation before eviction, or created laws that seek to ensure proper documentation in the foreclosure process.
US borrowers in states where home foreclosures are costly and time-consuming will have to pay more for their mortgages, the top housing regulator has proposed.
Lenders originating new loans in New York, New Jersey, Illinois, Florida and Connecticut will be forced to pay US-backed mortgage giants Fannie Mae and Freddie Mac up to 30 basis points extra for their credit guarantee, the Federal Housing Finance Agency said in its proposal.
The fee would probably be passed on to borrowers. The agency said the surcharge would compensate for the increased cost of repossessing homes in the five states, costs ultimately borne by US taxpayers [...]
“If those states were to adjust their laws and requirements sufficiently to move their foreclosure timelines and costs more in line with the national average… the fees imposed under the planned approach would be lowered or eliminated,” the FHFA said.
So the federal conservator of Fannie and Freddie wants to put its thumbs on the scale in favor of faster foreclosures and diminished due process. That’s the only thing you have to extrapolate here. FHFA wants to be able to foreclose on lenders in Illinois, New York, New Jersey, Connecticut and Florida without concern for whether the documents are legitimate, without concern for whether the bank and the borrower can come to a resolution on a modification.
As Yves Smith explains, Fannie and Freddie have refused to crack down on the corrupt foreclosure mill law firms they use to foreclose on their borrowers, who helped to create the problem that caused the backlash from judiciaries in New York and New Jersey. THAT has slowed down foreclosures, and Fannie and Freddie can seek an easy remedy there by following the law. Furthermore, with respect to Florida, the foreclosure delay is largely servicer-driven. They don’t want those foreclosed properties back on the market or in their hands at all as shadow inventory, because they would have to take control of maintenance and upkeep. “The power of the GSEs is being used to pressure state legislatures to join a legal race to the bottom,” Smith says.
She’s right. Rep. Brad Miller correctly identifies this as bullying. And one lawmaker determined to fight this is Sen. Richard Blumenthal, from one of the affected states, Connecticut. His state has a mandatory mediation system in place that puts off foreclosures until the homeowner sits down with the borrower to try and reach a resolution. It’s been very successful. And FHFA wants to punish Connecticut for it. Blumenthal was pissed on the Senate floor last night.
“I will fight to stop Fannie and Freddie from punishing Connecticut for protecting its citizens from unfair and abusive foreclosure practices. I am seeking immediate action to reverse this misguided, unacceptable decision.
Connecticut’s commonsense judicial safeguards protect homeowners from robosigners, fraudulent affidavits, and other big bank tactics that have violated the rights of too many families across the country. FHFA’s proposed fee will significantly increase costs for all Connecticut consumers trying to achieve the American dream of homeownership. It will also threaten our state’s effort to repair the housing market while preventing unnecessary and illegal foreclosures, with all the costs they impose on Connecticut homeowners, taxpayers, and communities.
“I am proud that Connecticut provides protections to help families keep their homes, and to ensure that no Connecticut homeowner is the victim of an illegal foreclosure. And I am determined to protect my state’s right to safeguard homeowner interests.”
There’s a new Senate Consumer Caucus, and Blumenthal brought this up at their inaugural meeting. I don’t know what he has in mind as far as fighting this, but he ought to have support from his colleagues in the affected states, at least.
Either way, FHFA has revealed their true colors here. They’re trying to intimidate states into changing their laws to facilitate foreclosures. Your government at work.




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well we shouldn’t be surprised at all, after all obamas man geither has said all these fraudclousre programs are really just to “foam” the runway and help banks..its never been about homeowners, justice or legality. ed demaco owns obama.
Thanks for the post David. Jeez, it seems like there is a new story every week revealing the breadth of the administration’s awful housing policies. The hostility exhibited by this president and his administration towards state laws that are intended to help struggling people (i.e., mandatory mediation before eviction laws noted in this article and medical marijuana laws) is something that never ceases to amaze me.
so, bill of rights #4 “…right of people to be secure in their persons, houses, … against unreasonable … seizures … #5 ” … nor be deprived of life, liberty, or property, without due process of law …” #7 ” In suits at common law, where value … exceed $20.00, the right of trial by jury shall be preserved, …” #14 ” … nor shall any State deprive any person of life, liberty, or property, without due process of law … ”
aside from the “quaint … justa piece of paper” above, is there anywhere in the fraud/foreclosure process that the original note is produced??? if you or your agent can’t produce the note, every thing else is moot.
silly me, my remarks were based on u.s.a. constitution not “u.s.a. casinos, inc., llc., d/b/a global banking, management, related services, inc., llc., and affiliated subsidiary llc’s too numerous to list but whose agents are fully authorized to act against any and all “We the people …” (i.e. humans individually or in groups) who remain “true believers” in the above referenced socialistic !!! document. “Resistence is futile …”
Well paint me blue and call me Babe! These GSE’s have figured out another way to pad their executive compensation this time by enforcing the rule of law. Wow. How long do you figure it is before the F Mae’s start getting the zero risk loan guarantees of Sallie Mae?
You’re so cute. You think the Constitution of the United States of America still has any real meaning. Awww, let’s take a picture before our little girl grows up. /s
I don’t know why Illinois is being included in that group since we don’t have mandatory mediation and fraudulent documents are the norm in our foreclosure courts!!! Though there has been a big push over the last few months to take homes faster because of the length of time someone has been in foreclosure rather than whether actual ownership of them has been proven. Our courts are overwhelmed with foreclosures and trying to determine how to modify our laws, but they don’t seem to be siding for one side or the other as yet.
What? The Obama is eliminating due process? Surely you jest, David! That would NEVER happen! Just ask the al-Awlakis…
I really don’t understand why Obama just doesn’t have troops randomly sweep through and shoot everyone who doesn’t make $250,000/yr. Seems that would accomplish his goals without all the half measures. Bullets must be too expensive or something.
(Or perhaps the fun is in watching the “little people” squirm? Damn, where’s my copy of the Sociopath’s Handbook when I need it?)
One outrage follows another.
Obama is sooo lucky that the Rethugs are so obviously batshit crazy. Hell, I’m almost tempted to vote for him again myself! (Ain’t gonna happen, though.)
I have long contended that drug laws were what cops needed to keep high arrest and conviction rates while letting actual crime continue unabated. Pretty soon it will be obvious to even the greatest fool.
If you have ever wondered why an admitted pot and cokehead would do nothing at all to bring fairness to the system, there’s your explanation.
Obama: anything that helps American citizens, I’m against.
God bless America! Hail, the Obama! Hail, Victory!
Useful idiots. Can’t filch held noses and retarded votes without ‘em!
Unitary execution = Obama’s NookYahLur option. Show me a black President who can’t manage to squeeze enough black votes out of Detroit despite playing the “Great White Republican Romney Spooky” card over and over, and I’ll show you armed drones over the Motor City. Ditto for Flint. Ditto for Chicago. Somebody might wanna send Ecuador asylum applications to BlackAgendaReport.com — they’re gonna need ‘em …