Cramdown bill dies in Senate
Tough luck if you’re in danger of defaulting on your home loan. Senators rejected a bill today that would have allowed bankruptcy judges to cut mortgage terms to help borrowers avoid foreclosure. The “cramdown” legislation was voted down 51 to 45. A Bloomberg report described the defeat as a setback for the Obama administration, which included cramdown in the anti-foreclosure plan aiming to help 9 million homeowners.
“These bankers who brought us into this crisis are literally shunning and stiff-arming the people who are facing foreclosure,” said Senator Richard Durbin of Illinois, sponsor of the legislation and the Senate’s second-ranking Democrat.
The mortgage industry argued cramdowns would push up interest rates for other borrowers, because lenders would try to recoup any losses made on cramdowns by upping rates for performing mortgage holders.
“The cram-down measure would have increased the cost of buying a home for all Americans, and that is the exact opposite result that everyone is working towards right now,” said Scott Talbott, senior vice president of government affairs at the Financial Services Roundtable.
- Apr 30, 2009 12:49 PM — Paddy Hirsch
- 8 comments
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Comments (8)
April 30, 2009 2:52 PM PT
I fail to understand the first sentence of this blog:
Tough luck if youre in danger of defaulting on your home loan.
Why should home loans be holier than other loans. If lender loaned money without proper risk assesment of borrower, let both of them take losses and move on. It is not as if there are no places to rent. Just foreclose and rent. Why should tax payers take the loss for the mistakes of lenders/borrowers.
April 30, 2009 4:19 PM PT
I’m not saying home loans should be holier than any other loan, gb. I’m merely stating that homeowners verging on default were hoping that the Obama Adminstration would be able to get that cramdown legislation through Congress, which would have got those borrowers off the hook. But that’s obviously not happening, for now, so if you were one of those borrowers, tough luck. Or hard cheese. Or…
April 30, 2009 3:04 PM PT
Woo Hoo! I was so worried they would pass this and destroy the borrower/lender market. Who would lend if a court can change it at any time?
Love what you are doing Paddy. Posts stark examples of the messed up reality we are surviving through.
May 1, 2009 5:16 AM PT
I’m with gb. Let the cycle run the course. Default, foreclose, and move on. Mortgages are secured by collateral. Let the banks feel the pain of the utter stupidity of loaning $300K on a $150K house to a $100K borrower. The market-driven cramdown will be brutally effective. If the banks fail to loan to credit worthy borrowers at reasonable rates to stimulate demand, housing prices will continue to fall, prompting bigger bank losses through foreclosure.
Sit back and watch the system work.
Don
May 1, 2009 10:22 AM PT
I side with the people facing foreclosure. With the quantatative geniuses who decided to profit by bundling mortgages; people can’t figure out who holds their mortgage, can’t renegotiate from an ARM to adjustable rate. Loosing a home is loosing a dream. They are not just going to move on. Their children are not just going to move on like it’s an inconvenience.
What I had to dig for and what I would like to hear more about is why the 2 Senators from Arizona, a high foreclosure state, voted against the measure. I know one has so many houses, he doesn’t know where he lives. What are their proposals? I don’t view this as a defeat for the President, but people have to hold their elected officials accountable.
May 1, 2009 1:15 PM PT
Mary, but people signed up for dreams that can’t afford. People bought into an idea that their life should be better and they payed for it on credit. Oh, can borrow about 20k from you please?
May 2, 2009 9:42 AM PT
“One way industry lobbyists don’t want the process streamlined is by giving borrowers leverage. Currently, bankruptcy judges are barred from modifying loans on primary residences. Changing that law has been a priority for consumer advocates for years, and Obama’s plan asks Congress to finally do it. The point isn’t so much to help borrowers who end up in bankruptcy court—hardly an ideal outcome—but rather to arm borrowers with a countering threat when offered crappy loan workouts. The large servicers do not relish the idea of a judge digging through poorly made and poorly serviced loans, many of them riddled with fraud.” http://www.thenation.com/doc/20090518/wright/single?rel=nofollow
May 5, 2009 10:39 PM PT
Iam so sick of you assholes talking about ppl that borrowed more then they could!! Iam so of the the whiny ,b.s of we are getting punished and we pay our bills waaaaaaaaaa,waaaaa I purchased my house in 2005 in Las Vegas . I was ”a” paper .Zero down ,full stated income loan and 6.25 percent!!I was laid off ,after 10 years in a casino. I can no longer pay my mortgage as Iam working 2 jobs and still not able to earn enough on a house that is 160k under water!! this bill would have saved my home that I worked my ass off for …and i should just ”walk away”….”move on” no , better rent some ones eles home and pay their mortgage that will go into forclousure! I wish i could reach out to all you ignorant ppl and knock your teeth out!!