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    Dem. spat delays mortgage relief bill in House

    February 26, 2009

    A dispute among House Democrats stalled legislation Thursday to let bankruptcy judges reduce the principal and interest rate on mortgages for debt-strapped homeowners.

    The measure, backed by President Barack Obama, is the most controversial part of a broader housing package that had been expected to pass the House this week.

    It hit a snag after a group of moderates expressed concerns in a closed-door meeting of House Democrats about how the bill would affect homeowners who are still struggling to make their mortgage payments.

    The banking industry has lobbied hard against the measure, mounting a successful multimillion-dollar effort last year to kill it.

    This year, mortgage industry players who are scrambling to narrow the scope of the measure to reduce its potential cost for banks have won some key concessions. House Democrats agreed to limit the measure to existing loans made before the bill is enacted and to borrowers who can show they tried other ways of modifying their home loans before resorting to bankruptcy, among other changes.

    But banks want to go much further, restricting the bill only to subprime or other exotic loans.

    Centrist House Democrats who have been working closely with the financial services industry to scale back the bill balked at supporting it on Thursday after a news report suggested that Sen. Dick Durbin, D-Ill., the lead sponsor of the bankruptcy measure in the Senate, was willing to limit it only to subprime mortgages. The Senate is expected to take up the legislation within two weeks.

    In the House, Rep. Ellen Tauscher, D-Calif., the head of the business-minded New Democrat Coalition, raised concerns during the private session that the measure omitted help for homeowners who aren't staring at bankruptcy but are buckling under burdensome mortgage payments.

    House leaders said they had postponed a vote until Tuesday to give Democrats time to meet with Obama's housing secretary, Shaun Donovan, about how the measure fits with his housing plan.

    "There's an equity question here," said Rep. Ed Perlmutter, D-Colo., another member of the coalition. "The discussion has got to be, what's the benefit to the guy next door who is struggling to pay the bills, is paying the bills and isn't filing for bankruptcy?"

    Democratic skeptics are worried "that this could be too hard on the banks," said Rep. John Conyers, D-Mich., the Judiciary Committee chairman who sponsored the bill.

    Consumer advocates and most Democrats regard the measure as crucial to slowing the rapid rate of foreclosures. They say it's the only way to force mortgage holders — known as loan servicers — to take steps to help homeowners stay in their homes.

    The mortgage industry contends, however, that the measure will impose steep and unpredictable costs on its companies, which will be forced to raise fees and interest rates for borrowers. Opponents, including most Republicans, call it the "cram-down."

    Separately, Donovan told senators Thursday that limiting the measure to loans that have already been made should alleviate concerns that lenders would be forced to charge higher interest rates to compensate for the additional risk of a potential "cram-down."

    "The idea is not to have an impact on lenders that are out making loans today," Donovan said.

    In the House, the bankruptcy measure is part of a broader housing plan that also would raise the Federal Deposit Insurance Corporation's borrowing authority and take other steps to prevent foreclosures. It contains several sweeteners for the mortgage industry designed to prod servicers to allow struggling homeowners to modify or refinance their home loans to bring down their monthly payments.

    Source:
    MSNBC
    Associated Press


    ______________________________
    Saw this on MSNBC.

    Democratic skeptics are worried "that this could be too hard on the banks," said Rep. John Conyers, D-Mich., the Judiciary Committee chairman who sponsored the bill.
    Last edited by Flamingo; 02-26-2009, 02:19 PM. Reason: To comply with forum posting rules
    Filed Ch 7 - 6/30/08
    341 Meeting - 7/31/08
    Discharged - 9/30/08
    Closed (finally) - 2/10/09

    #2
    Puzzled

    So let me get this straight. Helping homeowners renegotiate the primary residence in Chapter 13 will break the back of the banks but doing this same thing on vacation homes is not a problem? Does anyone out there have a sense of how likely it is that this bill will be passed or has this just been another blast of hot air about helping homeowners?

    We are considering filing chapter 13 (although our attorney is pushing us to file 7 instead, stating that it is "cleaner"?) and we really want to stay in our home. He has also advised us to negotiate with our lenders but also tells us not to give them any financial information.

    Any suggestions from anyone on what can be done? How do I negotiate for a modification and not give them any financial information?

    We are 30 days behind and before January 09 I have never been late on a payment to either the 1st or 2nd. Today someone showed up from the first trust lender stating that they wanted to know if we had abandoned the property....and we received a certified letter to cure default from the second trust lender. I was given a number by my second trust holder for Hope for Homeowners which when I called was a CCC debt managment company out of Atlanta....which would be great if I was permitted to provide financial information.

    1st trust is 370K
    2nd trust is 186K
    The value of the property is now $400 K dropped from $675K (county assessment is 433 as of today but these have been high over the last 2 years).

    Comment


      #3
      The point here is a home like mine...if I let it foreclose (which I'm not) I owe 750k the home is worth 240k to 300k max right now. The bank would still lose the difference either way, why not keep the home owner in the house and save the hassle. I know they can do better with taking a loss and get funding back from the Goverment, but c'mon banks have had it good for so long they should eat a little of this.

      And they mentioned "whats the benefit to the neighbor who struggles to pay his bills" this sentence right here is what is wrong with our country today....everybody expects something, everybody always wants a benefit for themselves, why does it have to benefit everyone. There have been lots of bills passed that never benefit me so why does this one have to benefit all?

      I am going to pay my mortgage and eat the loss however I don't see the problem with passing this. Remember there are ALWAYS people (lots) who will take advantage of any scenario, its unfortunate.
      "I'm old enough to know better, but too young to care"
      Filed Chapter 7 January 25th 2010
      341 Hearing March 4th 2010
      Discharged May 10th 2010

      Comment


        #4
        All I have to say is if the banks would come clean with their mortgages in regard to being tipped to favor them and them only all of this would not be an issue. Everyone seem to focus on the Banks, Investors and Servicer, but they are forgetting about the one investor that is not in the picture.......the homeowner. Something is very wrong when they are getting the money they need to cut their losses and save their businesses when they play such a central role in this entire mess.
        Filed C7: 12/16/08; 341 Meeting: 1/22/09
        Last Day for Objections: 3/23/09 (No Objections)
        Discharged: 4/3/09
        Closed: 3/23/10

        Comment


          #5
          Just some thoughts gleaned from recent talk shows and Letters to the Editor in our area papers:

          This subject has been a hot button topic for months and is being heavily discussed and that is why there is worry amongst those having to make decisions associated with it. Not only would it create a huge issue with regular mortgage holders in this country who are upside down and working 2 to 3 jobs to keep the house and family running (why isn't someone bailing them out or stripping their mortgage?) it could also create an absolute huge increase in Chapter 13s for people wanting to take advantage of the situation. The house is going to increase in value again (it's not like stripping a car as it does not increase in value) and people not filing Chapter 13 will either have to keep paying on the same mortgage(s), refinance or let the house go. No one is reducing their principle and a recent Letter to the Editor in our local paper said everyone with a mortgage should have their mortgage stripped, not just those in a Chapter 13 if it goes through.
          _________________________________________
          Filed 5 Year Chapter 13: April 2002
          Early Buy-Out: April 2006
          Discharge: August 2006

          "A credit card is a snake in your pocket"

          Comment


            #6
            So let me get this straight. Helping homeowners renegotiate the primary residence in Chapter 13 will break the back of the banks but doing this same thing on vacation homes is not a problem?
            To be fair, you can't actually modify a vacation home mortgage in the manner this bill is proposing to allow modification of 1st mortgages on primary residences.

            In any event, althought I favor this legislation because it makes no sense in the context of bankruptcy to not allow modification (but some of the restrictions are odd), I do see the point of the flip side and the backlash.

            Comment


              #7
              So what was the point of March 4th if this bill is really not passed. It sounds good but in essence I don't think it will help someone in a chapter 7. this sucks.. just gonna let this house go, save my money and move somewhere else and start over because even though we have to wait on the government to do what they know they should do, if we are one minute late on April 15th paying our taxes or filing, we get penalized. Someone ought to penalize them and make them pay us interest for not having their stuff together by the deadline. OOOOHHHHHHHHH....

              Hearts

              Comment


                #8
                The delay is dreadful! People are fighting to save their homes and the government is delaying again all because the lousy banks don't want the principal reduced! Time for the government to reiterate that they want to help the homeowners NOT the banks!

                Comment


                  #9
                  The longer the government relief is delayed, the greater the number of people who might decide to go to Home Depot and buy 4 - 5 bags of cement in which they make a slurry out of the cement so as to pour the slurry down their toilet's drain.
                  Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17

                  Comment


                    #10
                    Thanks, HHM. I appreciate the response. Even though I could stand to benefit from this new legislation I do understand the backlash as well, like you. I am really struggling with what to do (7 or 13 or take my hits from judgements) and like others I am sure we are waiting it out to see what is decided. I am concerned with the vision of entire neighborhoods in foreclosure ...although this most likely wouldn't happen in the DC area. Who knows? There have been a lot of firsts in this train wreck. If you had asked me even a year ago if I would be considering BK in a year I would have laughed. BKForum is a great resource. Thank you for all your fine work on this website.

                    Comment


                      #11
                      Would it be right to assume this won't all be done by March 4 now?

                      Comment


                        #12
                        I guess that is why my lender won't respond to my emails or phone calls. With this new bump they don't feel they need to try and work with me now even though they agreed to reconsider doing that on last Friday.

                        Comment


                          #13
                          anyone look at realtytrac and lookup their neighborhoods? I just found the site 2 days ago and was shocked to see how many home in my neighborhood alone that are in forclosure/preforclosure as well as bank owned.

                          Ray

                          Comment


                            #14
                            Spearmint,
                            I don't believe that the Chapter 13 modification discussion has the same timing as the March 4 general modification that was announced a week ago. I think the general modification is still moving forward. Participating lenders should be sending out letters to qualifiying candidates after March 4 when the plan details are confirmed and incorporated.

                            What I am asking about is the mtg loan modification in C-13 by trustees. It is my understanding that the H.R. 1106 (or whatever number...they have applied to it today…should more appropriately be named the bubonic plague bill since nobody wants it) is a sub-set of the overall Obama plan that had to go through the House Judiciary Committee because of the controversial nature of "cram down".

                            Maybe I am wrong. But that is my story and I'm stickin to it unless someone has a better idea......

                            Comment


                              #15
                              The March 4th thing has to do with the "bailout" provision, the non-bankruptcy modification issues that were passed as part of the stimulus. This bankruptcy part is entirely different.

                              Comment

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