One of the many misperceptions that emerged from the housing bubble and its associated collapse is the idea that house prices during the bubble were normal and sustainable and that the lower values today represent a depressed value from which the housing market must “recover.” In the case of asset bubbles, prices become greatly elevated from fundamental values, and the price collapse merely restores prices to their fundamental values. In reality, the housing market “recovered” during 2007 and 2008 when prices crashed back down to price levels sustainable by local incomes. Since a true “recovery” with pre-bubble prices also means an imperiled banking system and many unhappy loan owners, the government and the federal reserve have been feverishly trying to reflate the housing bubble to restore collateral value backing the banking industry’s many bad loans.
What is commonly referred to today as a “recovery” in housing is nothing of the sort. It’s a reflation of an asset bubble through artificial means designed to save the banks from future losses and placate the masses of sheeple who foolishly participated in a financial mania. Perhaps these semantic distinctions seem unimportant, but misperceptions such as this guide public policy and contribute to the moral hazard likely to result in another painful housing bubble.
‘Fiscal Cliff’ Deal Favors Housing Recovery
Published: Wednesday, 2 Jan 2013 | 11:33 AM ET
The housing market is on firmer ground today, as two major tax provisions survived the “fiscal cliff.” Congress did not touch the mortgage interest deduction, and it extended tax relief for one year on mortgage debt forgiveness.
It’s worth noting that the debate on the mortgage interest deduction is merely delayed. In all likelihood, the mortgage interest deduction won’t get touched directly, but when Congress takes up tax reform later this year, we may see an overall cap on deductions will will render the home mortgage interest deduction much less valuable to the high-wage earning households that utilize it.
“An extension of the tax break is positive for home values by reducing the number of foreclosures and helping more troubled borrowers stay in their homes,” wrote Jaret Seiberg of Guggenheim Partners. “That means less supply on the market.”
This is just wrong on many levels. First, if the tax break for short sales and principal reduction were not extended, it would have done far more to reduce inventory on the MLS. No loanowners would have listed their homes if the sale was going to result in a giant tax bill. The extension of this tax break ensures we will continue to see short sales make their way onto the market. Second, banks have already demonstrated that the number of foreclosures has nothing to do with the number of delinquent borrowers. If more borrowers defaulted and fewer sold through short sales, shadow inventory would have grown larger as banks continue their slow processing of foreclosures at a pace designed not to crash the market.
And third, foreclosures are not a problem. In fact, foreclosures are essential to the economic recovery.
Under a law signed in 2007, debt relief on loan modifications, short sales, and foreclosures were no longer taxable; that break expired at the end of 2012. The fear was that if the tax break was not extended, home owners would not agree to short sales (when the home is sold for less than the value of the mortgage) because they would then face a tax bill. They would also not agree to principal reduction loan modifications, which have proven to be far more successful than other modifications that leave the principal balance as is.
To that I say, so what? We shouldn’t be subsidizing these people anyway, particularly the Ponzis who took out free-money loans and spent it as income. To subsidize them with a tax break will merely encourage the worst of this behavior again in the future.
Under the $25 billion mortgage servicing settlement, borrowers have received $6.3 billion in mortgage principal relief through September, according to the settlement’s monitor, Joseph A. Smith, Jr. The average loan balance reduction, $150,000. Banks completed 13,351 principal reduction loan modifications in November alone, according to Amherst Securities Group, a 62 percent jump from September.
The banks are busy forgiving pricipal on deeply underwater loans in hopes the squatters may start paying again. By making the light at the end of the tunnel a little nearer (these principal reductions still leave them underwater), a few deadbeats might start paying again. The banks really don’t have much to lose because the chances of recovery on these deeply-underwater loans was near zero anyway.
Short sales also surged toward the end of the year, thanks to streamlined procedures and a more aggressive stance by the big banks, again in part due to the mortgage servicing settlement. More than 98 thousand short sales were completed in the third quarter of 2012, according to RealtyTrac.
Banks hope to resolve more bad loans through short sales because they get credit for the losses against the settlement agreement. Once their obligations under the agreement are met, they will likely increase foreclosure rates to force out the squatters, assuming the housing market is strong enough to absorb the flow of properties.
The “fiscal cliff” deal also allows borrowers to deduct the amount they pay for private mortgage insurance, which has become increasingly prevalent in today’s tighter mortgage market.
I had no idea this was slipped in to the deal. Starting next week, I will reflect this change in my cost of ownership calculations. Previously, only interest and property taxes was deductible. This will make houses with expensive PMI a bit more affordable which should help the weak move-up market.
(Read More: What’s in the ‘Fiscal Cliff’ Bill Passed by Congress?)
All of the above will help to lower the number of foreclosures and support the slow rise in home prices.
Again, the number of foreclosures has nothing to do with any of the above. The number of foreclosures is completely determined by bank policy designed specifically to limit the flow of properties to the MLS.
The number of homes in the so-called “shadow inventory” (properties that have seriously delinquent mortgages, are in foreclosure, or are owned by banks but not yet listed for sale) fell to 2.3 million in October, according to a new report from CoreLogic. That represents a seven-month supply at the current sales pace, and is a 12 percent drop from a year ago.
The month’s of supply metric is a poor way to report shadow inventory. It implies the problem will go away in seven months. It won’t. Apparently, the months of supply was 7.7 months a year ago. At current rates of disposition, shadow inventory will be a problem for another 10 years. It will undoubtedly be with us much longer than most realize due to the can-kicking behavior of loan modifications which will mostly fail.
“We expect a gradual and progressive contraction in the shadow inventory in 2013 as investors continue to snap up foreclosed and REO properties and the broader recovery in housing market fundamentals takes hold,” said Anand Nallathambi, president and CEO of CoreLogic in a release.
That would not have been the case, had tax relief on debt forgiveness in short sales and principal reduction modifications come to an end.
It’s true that shadow inventory would have grown larger if the fiscal cliff deal did not include the short sale debt forgiveness provisions because more borrowers would have chosen to squat and fight foreclosure rather than sell. The delay on a decision to address deduction limits will create a lingering uncertainty that may negatively impact markets like Orange County where high wage earners will be most impacted by a cap. Enough buyers will ignore the risks to have any tangible negative effects though.
In the end, the fiscal cliff deal favors the reflation of the housing bubble. The lending and real estate industries should rejoice their short-term victory.
Eaten by the Sharks
The former owners of today’s featured property lost their home under rather unusual circumstances. The purchased the property for $1,012,500 on 10/10/2003 using a $708,750 first mortgage and a $303,750 down payment. On 7/5/2011, they refinanced with a 740,000 first mortgage from Val-Chris Investments, a hard-money lender. Then on 2/3/2012, they obtained another loan from The Evergreen Advantage LLC, another hard-money lender for $650,000. Three months later, they were served an NOD, so they quit paying one or both of those lenders right after closing on the second loan. They were quickly foreclosed on, and now the property is on the market for enough to make whoever foreclosed a healthy profit.
Wouldn't you be embarrassed to overpay by $100,000? Only fools buy houses without knowing neighborhood values. Don't be a fool. Don't suffer the pain of an underwater mortgage. The surest way to lose your house is to overpay for it. Our reports identify overvalued and undervalued neighborhoods. Use it to broaden or narrow your search area. Savvy buyers work with us to find bargains. We've saved thousands from financial ruin. Let us save you too. If you want peace of mind while shopping for your next home, sign up for our monthly market newsletter.
8706 HILLCREST Circle, Buena Park, CA 90621 (MLS # P844492)
(all data current as of 5/22/2013)| Price | $1,688,800 |
|---|---|
| Beds | 5 |
| Baths | 4 full, 1 half |
| Home size | 5,167 sq ft |
| Lot Size | 16,698 sq ft |
| Days on Market | 141; |
Golfer's Paradise! This magnificent midcentury modernist home is situated directly over the 15th fairway of the prestigious Los Coyotes Country Club. This architecturally stunning home offers unparalleled views through the expanse of floor to ceiling windows across the entire rear of the property. It has been remodeled with upgrades galore including marble tile, wood flooring, custom cabinetry, granite counter tops, stainless steel appliances and a 12 seat media room. At 5,167 square feet, this 5 bedroom, 5 bath stunner is an entertainers dream. The 17,000 square foot cul-de-sac property offers direct golf cart access and 180 degree views from your multi-tiered patios, gazebo or pool deck. Bring your golf cart and move right in!
Property Type(s): Single Family, Residential
| Last Updated | 5/18/2013 | Tract | Custom (Other (OTHR)) |
|---|---|---|---|
| Year Built | 1959 | Community | Buena Park |
| Garage Spaces | 3.0 | County | Orange |
| Total Parking | 6 |
Listing information deemed reliable but not guaranteed. Read full disclaimer.
(view all details for MLS #P844492)
Proprietary OC Housing News home purchase analysis
8706 HILLCREST Cir Buena Park, CA 90621
$1,708,800 …….. Asking Price
$1,012,500 ………. Purchase Price
10/10/2003 ………. Purchase Date
$696,300 ………. Gross Gain (Loss)
($136,704) ………… Commissions and Costs at 8%
============================================
$559,596 ………. Net Gain (Loss)
============================================
68.8% ………. Gross Percent Change
55.3% ………. Net Percent Change
5.7% ………… Annual Appreciation
Cost of Home Ownership
——————————————————————————
$1,708,800 …….. Asking Price
$341,760 ………… 20% Down Conventional
3.98% …………. Mortgage Interest Rate
30 ……………… Number of Years
$1,367,040 …….. Mortgage
$325,892 ………. Income Requirement
$6,511 ………… Monthly Mortgage Payment
$1,481 ………… Property Tax at 1.04%
$0 ………… Mello Roos & Special Taxes
$427 ………… Homeowners Insurance at 0.3%
$0 ………… Private Mortgage Insurance
$0 ………… Homeowners Association Fees
============================================
$8,419 ………. Monthly Cash Outlays
($1,343) ………. Tax Savings
($1,977) ………. Equity Hidden in Payment
$471 ………….. Lost Income to Down Payment
$447 ………….. Maintenance and Replacement Reserves
============================================
$6,017 ………. Monthly Cost of Ownership
Cash Acquisition Demands
——————————————————————————
$18,588 ………… Furnishing and Move In at 1% + $1,500
$18,588 ………… Closing Costs at 1% + $1,500
$13,670 ………… Interest Points
$341,760 ………… Down Payment
============================================
$392,606 ………. Total Cash Costs
$92,200 ………. Emergency Cash Reserves
============================================
$484,806 ………. Total Savings Needed
The property above is available for sale on the MLS.
Contact us for a comparative market analysis, a cost of ownership analysis, or information on how you can make an offer today!
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Nearby Foreclosures
Gain a competitive advantage over other buyers. By locating distressed properties -- before they hit the MLS -- you can discover where tomorrow's REOs and short sales will appear. Most of these properties are not listed on the MLS, but they will be soon. Research properties in advance and get a jump on your competition. Don't miss out on another deal because you couldn't act quickly. Use this tool to your advantage! The red properties are already bank owned. As soon as REO asset managers prepare them for sale, they will be on the MLS. Get ready! The green and blue properties have owners who are not paying their mortgages. They may be offered as short sales, or they may go through foreclosure and become REO. Either way, they will also likely be available on the MLS soon. Find your next home! Be prepared to offer on these properties by researching them in advance or risk losing out to buyers who are have done their homework. Start your research today! To find distressed properties, enter your desired location and press search. Scroll through list by pressing "next."16 Responses to “‘Fiscal Cliff’ deal favors reflation of housing bubble”
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“The “fiscal cliff” deal also allows borrowers to deduct the amount they pay for private mortgage insurance, which has become increasingly prevalent in today’s tighter mortgage market.”
Wow, this law keeps changing. Do you think this is headfake? Get more buyers to use very high insurance premium FHA loans, because those fees will increase in 2013 for loans above $400,00. Then in late 2013 or early 2014 there will a cap of deductions, so it will basically take away deduct ability of PMI.
The cynic in me says Congress added the PMI deduction to get cheers and kudos knowing full well they planned to remove the advantage of this deduction with the cap coming later on.
The MI deduction created in 2006 and extended a couple times, starts phasing-out at $100k joint AGI and is fully-phased-out at $109k. I don’t know if this latest round of tax increases for the Evil Rich simply extends the prior law or modifies it.
Perspective,
Where is the $109k AGI phase out in the tax code? If the tax code for MI has complete phase out at $109K is will hit over 30% of the household in Irivne (my guessitiate) With 2 incomes or just one good income, that will be a large tax increase for the middle to upper middle class in costal California.
IR, Was the gross loan on the house $650k or $1.3 million. The mistake the “loan owner” did was to have equility in the house. If he were $2 million below water (did an equility withdraw or 125% loan), he would likely be still enjoying the house. US motto: Punish the responsible, reward the ill responsible. .
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Here’s something from the LA Times on the topic: http://articles.latimes.com/2012/jan/15/business/la-fi-harney-20120115
Commentary: From Fiscal Cliff to Fiscal Mudslide
It may not have been a fiscal cliff, but how about a fiscal mudslide?
The deal reached by Vice President Joe Biden and Senate Minority Leader Mitch McConnell and forced down the throats of House Republicans (without involving their leader, Speaker John Boehner) wound up to be a glorified version of kicking the can down the road—a short road, as the next “crisis” comes in just two months, when the nation runs up against the debt ceiling. Too many words have already been written about the crises manufactured by setting arbitrary deadlines.
That was certainly the case with the December 31 sequestration/tax rate debacle, coupled with the expiration of the payroll tax cut and emergency and extended unemployment insurance benefits as well as the annual sunset of the Alternative Minimum Tax waiver. There were also two provisions of particular interest to the mortgage market: the Mortgage Debt Forgiveness Relief Act of 2007 and the Mortgage Interest Deduction, both of which were set to expire December 31 but were extended one year.
The resulting agreement actually increased the long term deficit as calculated by the Congressional Budget Office (CBO). CBO deals with what’s in the law and not with speculation. Prior to the deal being cut, the Bush tax cuts were set to expire December 31, 2012, and CBO had made deficit projections based on the expiration of those lower tax rates. With the agreement, lower tax rates were continued for all but the highest earners, which means CBO’s earlier computations of higher tax revenues had to be re-done to project lower revenues, thus a higher deficit.
That will be the case as well when Congress tries to skirt the automatic spending cuts which had been scheduled to be phased in January 1. That phase-in has been delayed.
You will hear chest-pounding members of Congress balking at increasing the federal debt limit which would merely allow the government to pay for what Congress has already authorized. Deficit hawks will show their ignorance by insisting the government is spending too much money. Try telling that to your credit card company: “I’m spending too much money. I’m too much in debt, so I’m not paying my credit card bill.” Good luck with that.
Congress, indeed, doesn’t really have to do anything. The 14th Amendment to the Constitution is pretty clear on the subject in section 4: “The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.”
Under that provision, the Treasury has no option but to pay the nation’s bills. The notion of a debt ceiling itself may be unconstitutional. The administration could ignore the debt ceiling and wait for a constitutional challenge, which would bring the Supreme Court into the mix while at the same time undermining any remnants of confidence in the nation’s finances.
Could it be the extremists in Congress—threatening to withhold approval of an (unnecessary) increase in the debt ceiling without matching spending cuts—care less about patriotism than they do about pandering?
Fitch: Price Growth Not Driven by Fundamentals
Despite the steady increase in home prices in 2012, Fitch Ratings says it “remains cautious” in its outlook on home values.
According to a report from the ratings agency, home prices have risen “at their greatest pace since 2005,” but in certain markets, technical factors rather than “fundamentals” acted as the driving force behind the price gains over the past few quarters.
Fitch explained technical factors such as low mortgage rates, the tight supply of existing homes for sale, and weak levels of new home construction are leading to affordability and driving demand while “offsetting weak fundamentals.” Weak fundamentals include issues such as unemployment and unimpressive wage growth.
In addition, Fitch stated it believes price movement is “highly dependent on the pace of distressed sales and liquidations.”
For example, states such as Michigan, Arizona, and Georgia have been able to dispose of their distressed inventory quickly and have also seen “both steeper drops and quicker stabilization,” according to Fitch.
On the other hand, states with long foreclosure timelines—New York, New Jersey, and Connecticut—may see price declines.
According to the report, Arizona currently liquidates nearly twice as many mortgages per month compared to New York and New Jersey combined.
In order to determine sustainability, Fitch conducted an analysis using its Sustainable Home Price (SHP) model. The ratings agency found 22 metros out of 41 are currently “undervalued” or “sustainable,” while five were categorized as “overvalued” by 5 to 10 percent. In 2010, 23 metro areas were overvalued by 10 to 25 percent.
The report highlighted hardest hit metros such as Phoenix, Atlanta, and Riverside, noting they are now beginning to recover and are currently considered “undervalued.”
New York and New Jersey, though, were categorized as overvalued by 10 percent to 15 percent, hindered by their large inventory of distressed properties and long foreclosure timelines, according to Fitch. And, high unemployment could hurt Los Angeles and Union, New Jersey and lead to a roughly 10 percent decline.
On a national level, Fitch admitted it holds a more somber view of prices and says price growth “is likely to be muted or even modestly negative in the near-term as liquidation volumes increase and expand supply, particularly in the lengthy judicial states where inventory has been off the market.”
Fitch warned “short-term price movements can be misleading when the impact of distressed properties has been withheld from the market.”
If liquidations continue at their current pace, Fitch estimated it would take 34 months to clear out the inventory of serious delinquencies, down from 44 months a year ago.
“While positive, the improvement masks those markets with disproportionately large inventories that have yet to be cleared and where double-digit price declines are projected,” the report noted.
Barclays Keeps Positive Builder Outlook as Optimism Bias Blinds Economists
With the fiscal cliff negotiation out of the way—at least, the first phase of it—analysts at Barclays assert in a new release that “housing policy is transitioning from being a source of negative headline risk to a potential positive factor for the housing stocks.”
As the haze surrounding the state of the mortgage interest tax deduction (MID) lifts and the Federal Housing Administration (FHA) prepares to make reforms to its business model, analysts Stephen Kim and John Coyle note that “anticipated policy changes have been less severe than feared.”
While part of the fiscal cliff tax bill limits itemized deductions in some cases (due to a provision known as the Pease Restriction), Barclays does not believe the scaling back will affect higher-end home purchasing behavior, thus leaving homebuilders relatively unscathed.
“To begin with, the limitation also applies to deductions like charitable donations, so it is unclear how much any impact from the deduction limitation will affect home buying activity versus giving to charities,” the analysts write. “Moreover, mortgage rates are exceptionally low now, approximately 48 percent below their 20-year average of 6.46 percent. This means that the MID is theoretically less important now than in prior periods, since the benefit from locking in a lower mortgage rate will help offset the loss of the mortgage interest deduction.”
The bigger threat to homebuilders—FHA’s commitment to reform its lending standards, fees, and scope in an effort to repair its financial situation—also appears to be less of a worry than first thought.
So far, newly confirmed commissioner Carol Galante has committed to several major steps to be taken by the end of January: the cessation of reverse mortgage origination, an increase for down payments on loans above $625,000, and the tightening of standards for borrowers with FICO scores below 620.
Those reforms are merely “cosmetic” and shouldn’t affect purchases very greatly, Barclays asserts.
“For instance, reverse mortgages do not relate to home purchases; borrowers of loans over $625,500 should easily manage a 5% down payment; and only 3.4% of FHA’s recent loan volume went to borrowers with FICO scores below 620. Overall, we expect these changes to be incremental rather than transformative, and thus to have only a modest dampening effect on housing demand,” Kim and Coyle write.
However, should the agency take further steps to tighten standards—such as increasing down payments on entry-level buyers—builders will likely start feeling the effects.
Another concern for housing and mortgage industry professionals is the nebulous “qualified mortgage” (QM) rule, which establishes the type of loan for which a lender is legally protected from future lawsuits. The ambiguity of the term has remained a point of debate for analysts, industry experts, and politicians, but Barclays believes a clarification is on the way very soon.
While the firm originally expected the Consumer Financial Protection Bureau to issue a final standard as soon as January 21, Kim and Coyle now believe the QM definition standards may be released as early as January 9. This is critical, they say, as the current environment has many banks (particularly smaller institutions) erring on the side of caution, creating a restrictive credit market.
Apartment Rents Continue to Rise, Albeit Slightly Slower
Rents continue to rise but at a slightly less accelerated pace, according to Carrolton, Texas-based RealPage, a software provider for rental communities. After rents for new leases rose 4.8 percent in 2011, rents rose 3 percent in 2012.
While lower than the previous year’s rate, the increase in 2012 remained above the average of 2.5 percent seen over the past 20 years.
“Property owners and operators generally aren’t pushing rents quite as hard as they were a year or so ago,” said Greg Willett, VP of research at MPF, which conducted the RealPage study.
Instead, apartment owners and landlords “have focused on sustaining their very tight occupancy levels during a period when job growth and new household formation have been fairly sluggish.”
Apartment rents did experience some decline during the recession, falling 4 percent, but they have now been on the rise for three years, according to RealPage.
As many housing markets begin to improve, a few renters are leaving their leases in pursuit of homeownership. However, “[w]hile the number of apartment renters opting to buy is rising a little, it remains far below the levels apartment operators were accustomed to prior to the recession,” Willet said.
Of those renters transitioning into homeownership, many were renting single-family homes rather than apartments.
Apartment renters are often “young singles living alone or young-couple households,” according to Willet, who says, “Single-family homes just aren’t the right housing option for many of them, regardless of shifts in the pricing relationship.”
Regardless of the small transition of renters hoping to take advantage of affordable home prices, apartment occupancy remains high—94.9 percent as of the end of 2012. This is up slightly from the 94.7 percent observed at the end of 2011.
Six Month + Delinquent Mortgages Amount To More Than Half Of Bank of America’s Market Cap
”In other words, by keeping tens of billions of mortgages off the market, Bank of America is hoping to limit the supply of houses in the market, creating an artificial shortage, in the process pushing up the prices of all other house higher, and only then to start dumping its pre-foreclosure inventory to a witless housing market”.
http://www.zerohedge.com/news/2012-12-19/six-month-delinquent-mortgages-amount-more-half-bank-americas-market-cap
Have you been keeping an eye on the mortgage and interest rates?
Nothing better than a rising rates ‘scare’ (see last weeks PIMCO, GS et al ”inflation is coming” media-blitz). This set-up will surely lure the millions(LOL) of fence-sitter ”muppets” .. off the fence. And just prior to entering peak season no less. Brilliant!
Bank of America to Pay $10 Billion in Settlement With Fannie Mae
Bank of America agreed on Monday to pay more than $10 billion to Fannie Mae to settle claims over troubled mortgages that soured during the housing crash, mostly loans issued by the bank’s Countrywide Financial subsidiary.
Under the terms of the pact, Bank of America will pay Fannie Mae $3.6 billion, and will also spend $6.75 billion to buy back mortgages from the housing finance giant at a discount to their original value.
The settlement will resolve all of the lender’s disputes with Fannie Mae, removing a major impediment to Bank of America’s rehabilitation. The bank had settled its fight with Freddie Mac, the other government-owned mortgage giant, in 2011.
Both Fannie and Freddie, which have posted billions of dollars in losses in recent years, have argued that Countrywide misrepresented the quality of home loans that it sold to the two entities at the height of the mortgage bubble. Bank of America assumed those troubles when it bought Countrywide in 2008.
Before the latest settlement announced on Monday, the Countrywide acquisition has cost Bank of America more than $40 billion in losses on real estate, legal costs and settlements, according to several people close to the bank.
Senator Barney Frank? Say it isn’t so…
Former Massachusetts Democratic congressman Barney Frank said Friday that he would like Gov. Deval L. Patrick (D) to appoint him to the U.S. Senate on an interim basis if Sen. John F. Kerry (D) is confirmed as secretary of state.
“I’ve told the governor that I would now like, frankly, to do that,” Frank said on MSNBC’s “Morning Joe.”
The recently retired congressman said legislators’ “fiscal cliff” deal makes the next few months a crucial economic period in which he wants to be involved.
Patrick will appoint a replacement for Kerry if he is confirmed, and a special election will decide who will serve the rest of his term. Frank said he’s not interested in running in the special election.
Patrick responded by saying Frank would “be a great senator,” according to the Boston Globe but added that he hasn’t made up his mind. “I have a lot of factors I’m considering, and he’s definitely on the list,” Patrick said.
Foreclosure settlement a win for big banks?
January 07, 2013
Ten major U.S. banks have reached a $8.5 billion deal with regulators to settle charges of foreclosure abuses, putting an end to case-by-case reviews of foreclosure-abuse claims stemming from a 2011 deal with regulators. But consumer advocates and some financial journalists are wary of the agreement.
The Wall Street Journal reports that the banks are “eager to complete the settlement because they are due to report fourth-quarter earnings in the coming weeks and want to put the matter behind them. The talks almost collapsed over the weekend after bankers threatened to walk away from the deal if the Fed’s demand for an additional $300 million was included, a person briefed on the talks said.”
The banks that signed onto the agreement include Bank of America Corp., J.P. Morgan Chase, Wells Fargo & Co. and Citigroup Inc. Four smaller banks — Ally Financial, HSBC PLC, OneWest Bank and Everbank — did not.
The New York Times’ Gretchen Morgenson noted this weekend that the penalties are “a far cry from the possible penalties outlined last year by the federal regulators requiring these reviews.”
“Some back-of-the-envelope arithmetic on this deal is your first clue that it is another gift to the banks,” Ms. Morgenson writes. “It’s not clear which borrowers will receive what money, but divvying up $3.75 billion among millions of people doesn’t amount to much per person. If, say, half of the 4.4 million borrowers were subject to foreclosure abuses, they would each receive less than $2,000, on average. If 10 percent of the 4.4 million were harmed, each would get roughly $8,500.”
Compare this to the penalties outlined last year by regulators, she notes. “Regulators said that if a bank had foreclosed while a borrower was making payments under a loan modification, it might have to pay $15,000 and rescind the foreclosure. And if it couldn’t be rescinded because the house had been sold, the bank could have had to pay the borrower $125,000 and any accrued equity.”
The Washington Post’s coverage of the deal quotes Comptroller of the Currency Thomas Curry, who said in a statement that the deal “represents a significant change in direction” from the original, 2011 agreements.
“Banks and consumer advocates had complained that the loan-by-loan reviews required under the 2011 order were time consuming and costly without reaching many homeowners,” the Post writes. “Banks were paying large sums to consultants who were reviewing the files. Some questioned the independence of those consultants, who often ruled against homeowners.”
Curry said in his statement that ensures that “consumers are the ones who will benefit, and that they will benefit more quickly and in a more direct manner.” But the Post quotes consumer advocates who echo many of Ms. Morgenson’s concerns, saying the deal “lets banks off the hook for payments that could have ended up being much higher.”
“It’s another get out of jail free card for the banks,” lawyer Diane Thompson, who’s with the National Consumer Law Center, told the Post. “It caps their liability at a total number that’s less than they thought they were going to pay going in.”
Sort of related to the fiscal cliff. Isn’t just another type of money creation that is occurring in QE?
Be Ready To Mint That Coin
January 7, 2013, 9:05 am Paul Krugman
Should President Obama be willing to print a $1 trillion platinum coin if Republicans try to force America into default? Yes, absolutely. He will, after all, be faced with a choice between two alternatives: one that’s silly but benign, the other that’s equally silly but both vile and disastrous. The decision should be obvious.
For those new to this, here’s the story. First of all, we have the weird and destructive institution of the debt ceiling; this lets Congress approve tax and spending bills that imply a large budget deficit — tax and spending bills the president is legally required to implement — and then lets Congress refuse to grant the president authority to borrow, preventing him from carrying out his legal duties and provoking a possibly catastrophic default.
And Republicans are openly threatening to use that potential for catastrophe to blackmail the president into implementing policies they can’t pass through normal constitutional processes.
Enter the platinum coin. There’s a legal loophole allowing the Treasury to mint platinum coins in any denomination the secretary chooses. Yes, it was intended to allow commemorative collector’s items — but that’s not what the letter of the law says. And by minting a $1 trillion coin, then depositing it at the Fed, the Treasury could acquire enough cash to sidestep the debt ceiling — while doing no economic harm at all.
So why not?
It’s easy to make sententious remarks to the effect that we shouldn’t look for gimmicks, we should sit down like serious people and deal with our problems realistically. That may sound reasonable — if you’ve been living in a cave for the past four years.Given the realities of our political situation, and in particular the mixture of ruthlessness and craziness that now characterizes House Republicans, it’s just ridiculous — far more ridiculous than the notion of the coin.
So if the 14th amendment solution — simply declaring that the debt ceiling is unconstitutional — isn’t workable, go with the coin.
This still leaves the question of whose face goes on the coin — but that’s easy: John Boehner. Because without him and his colleagues, this wouldn’t be necessary.
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