President Ronald Reagan called this quote, “the nine most terrifying words in the English language.”
Last week the Obama administration agreed to a $25 billion settlement with the country’s largest banks over improper foreclosure processes. Much of the complaint results from large banks use and ownership of the MERS system – an electronic recording of liens and mortgage data. This Mortgage Electronic Registration System has dodged legal transaction recordings and accompanying fees charged by counties and has resulted in untraceable chains of title and a lack of revenue, in the millions of dollars, that would ordinarily be paid to record the changes of ownership or lien holders in County records.
One argument, successfully presented in court, is that no-one can prove who holds the mortgage because the liens were never properly recorded. That means that the lien holders have a difficult time proving their right to bring foreclosure action against the property’s owner of record. The settlement then, is an admission of poor record keeping at best, and may allow many homeowners to negotiate a reduction of the amount they owe on their property while avoiding foreclosure.
Those homeowners that borrowed through Fannie Mae and Freddie Mac, however, are not covered under the settlement. It’s unclear how many loans backed by Fannie and Freddie are active, but nearly 60 percent of mortgages nationwide are held by the two agencies. So private banks are held accountable but GSEs (Government Sponsored Enterprises) are not. That seems fair?
FHFA (Federal Housing and Finance Agency) has the authority and the tools to change current loan modification programs to allow for principal forgiveness in addition to principal forbearance. More loan modifications will be achieved if FHFA would allow principal forgiveness, which in turn would work to stabilize our housing market and the economy. Or, let the banks take a hit on the amount you agreed to pay to prevent kicking you out which, on average, will cost them another $60,000.
But wait a minute! Aren’t the same banks who were pressured to give loans to the unqualified now being asked to forgive, or reduce, those loans? Sure, we gave them a ton of money to bail them out of financial distress brought about by those bad mortgages and now we (the government) is demanding they reduce the amounts of those mortgages to give the same, unqualified people a break.
Most of the money, $17 billion, is earmarked for people who are struggling to make their payments, in part by reducing the amount of principal on their mortgages. An additional $3 billion will be spent by the banks to refinance mortgages of homeowners who are current on their payments but owe more than their homes are worth.
“This isn’t just about punishing banks for their irresponsible behavior,” said Housing and Urban Development Secretary Shaun Donovan, “It’s also about requiring them to help the people they harmed by funding efforts to help homeowners stay in their homes.”
People they harmed? Does he mean people that were not able to afford the homes that the Government forced the banks to loan on?
What about the thousands of folks who bought homes at inflated prices that are now biting the bullet, at seven or eight percent interest and still maintaining their payments? Where is their relief? Most likely their relief will come from maintaining their health and living long enough to gain appreciation of their property that has traditionally made real estate a sound investment.
I am sorry, but I resent government interference in free market trade. I believe that leaving the market alone to correct itself is the best course to recovery. Already we have seen an adjustment of real estate prices so that people are beginning to buy these now, more affordable properties, and I think that government intervention interferes with the “supply and demand” economic process. Government intervention will distort property values keeping buyers out of the market by keeping debtors in possession of their homes at the expense of the lenders, pressured into loaning them the money they are unable to repay, regardless whether the loans were properly recorded. I also seriously doubt that the estimated $2,000 reimbursement to those who were “improperly” foreclosed upon will be of much benefit to them.
I do hate to see people foreclosed upon, just like I would hate to see General Motors fail. But isn’t that a basic tenant of “free market”? Survival of the fittest where no-one is too big, or too small to fail? Frankly, I don’t get the welfare mentality of our current environment. Yes, I am compassionate and it breaks my heart to meet with a family who cannot sell their property for what they owe while they are unable to make the payments themselves. But it’s not my fault. I don’t believe that being irresponsible or losing your job gives you the right to “stick it to the man” or to the lender who trusted you to repay what you signed on for, no matter what economy the government has created for you. Like I ask my kids when they complain about how tough life is, “How do you like being a grown up?”
Sure, if the banks are involved in improperly foreclosing, which they are in many cases, then they should be held accountable. This agreement does that, although it doesn’t change much. If you are a homeowner who wishes they hadn’t committed to a mortgage you can’t pay due to your own lack of judgment, then you should be held accountable too and not look to the government (the taxpayers) to undo your error. Remember, the money the government spends is your money first. It only becomes theirs when they tax you (us).