An Ounce Of Economic Prevention

by: Natasha Chart

Wed Jan 14, 2009 at 06:39



While including mortgage modification powers in bankruptcy court to prevent foreclosures sounds like a great idea, here are a couple other bills introduced last week to address economic stress points and help Americans rebuild their lives faster once the economy gets better.

Both of them were sponsored by Dianne Feinstein in the Senate and referred to the Senate Banking, Housing, and Urban Affairs Committee. I have to give her major credit for putting out what sound like smart, forward-thinking bills on a first read. Both of them also make use of the (I think rightly) maligned TARP appropriation such that the rest of it might not be a total waste.

Unfortunately, she doesn't presently sit on the Banking Committee, so I review this legislation with somewhat limited expectations that it will see the light of day.

Natasha Chart :: An Ounce Of Economic Prevention
S 73, HR 37 A bill to establish a systematic mortgage modification program at the Federal Deposit Insurance Corporation, and for other purposes. This bill proposes to use TARP funds to offer mortgage lenders a deal whereby the government agrees to secure a portion of potential losses provided that they conduct a systematic review of their current mortgages. They would then renegotiate those loans where the home values are less than the mortgage value or that are past due. Loan adjustments up for renegotiation include reductions on rates or fees, forbearance of principal and extension of loan timeframe. Tests are included to ensure that the government's money would be invested wisely, but I suppose we'd have to see the scoring to measure the effect.

HR 37 was sponsored by Maxine Waters and has 11 cosponsors, it's been referred to the House Committee on Financial Services. The Senate version has no cosponsors, though I don't see the downside of avoiding all those cases in bankruptcy court.

S. 116 To require the Secretary of the Treasury to allocate $10,000,000,000 of Troubled Asset Relief Program funds to local governments that have suffered significant losses due to highly-rated investments in failed financial institutions. It would authorize the Treasury Secretary to help out city and county governments whether or not the highly-rated institutions they lost their shirts investing in had received any TARP help.

This bill had no corollary that I could spot in the House and no cosponsors, so it seems unlikely to get far, but it sounds like a great idea. I can get behind restoring the budget for Philly's public libraries in a way that I never would be able to thrill over the rescue of AIG.

Anyway, they look good. Nothing like a reminder that even Democrats who are annoying on some issues are probably with progressives on others.

Update: Links corrected.

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Co-sponsors (0.00 / 0)
How important are co-sponsors in the Senate? Is there some procedural benefit to them, or does it just allow us to quickly tell who is strongly in favour?

I can see that in the House it shows what is considered plausible and what is not, but there seem to be a lot fewer Senate sponsors so it seems like that shouldn't be that important a diagnostic feature.

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mortgage modification in bankruptcy (0.00 / 0)
While much has been made over the last several months about the need to allow bankruptcy judges to allow mortgage modification, as a bankruptcy attorney, I am not sure that this fix will work at all, in practice.  Currently, Section 1322(b)(2) prevents modification of mortgages on real property that is the "debtor's principal residence".  The commentators have suggested that amending this provision will grant home mortgagors the same rights as mortgagors of other types of property.  For other secured claims in bankruptcy, the amount of the secured claim can be reduced to the value of the property, so that if the home is now worth less than the mortgage, the secured balance can be reduced to the lower value.  However, according to most of the case law, any mortgage modification in Chapter 13 must provide for payment of the secured claim over the life of the plan, which, by statute, can not be longer than 60 months.  Thus, if a $300,000 mortgage is reduced to $200,000, based on the fallen value of the home, that new balance must be paid over 5 years.  I cannot see how this change in the "anti-modification" provisions will home most homeowners.

Typo correction (0.00 / 0)
I meant "help" most homeowners, in the last sentence.  Sorry.

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