Announcing a new more aggressive push to save millions of financially strapped American homeowners from foreclosure, Sen Jeff Merkley said Tuesday in Bend that new legislation is needed to replace Obama’s Making Home Affordable program, which has failed to stem the tide of defaults.

Speaking in front of a map that showed foreclosure rates across the state, Merkley said he chose Bend and Central Oregon to kick off his legislative campaign because we sit at the epicenter of the housing bust. However, Merkley portrayed the continuing fallout of the housing bust as a national crisis that must be addressed as part of an overall economic recovery.

This year millions more Americans are expected to lose their homes to foreclosure, according to most industry experts. Those foreclosures come with a cost to homeowners, communities, banks and the overall economy, Merkley said. While there have been several efforts to date including Obama’s Making Home Affordable program, those programs have been ineffective in slowing foreclosures while dragging homeowners through a deeply flawed process controlled by banks and financial institutions that often have no interest in helping homeowners avoid foreclosure. Highlighting just how ineffective the program has been, Merkley said that the Obama plan was estimated to need more than $50 billion in homeowner assistance funding. To date it has provided homeowners with just $1 billion in relief, even as millions of property owners slipped into foreclosure.

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Unlike current legislation, Merkley’s proposed plan would require banks to send all foreclosures to a third party for an objective “hardship” analysis. That test would determine whether homeowners would qualify for a loan modification that would reduce the principal debt to the actual value of the home – addressing one of the major problems for many homeowners in Bend and beyond, the loss of equity from the housing bust – while also providing a current fixed interest rate.

Merkley’s plan, which he said he hopes will have bi-partisan support, would also end the so-called dual track for foreclosures in which banks proceed with foreclosure work even as they are supposedly working on modification requests from distressed homeowners. Under the proposed process, banks would have to suspend the foreclosure process while a third party evaluates a homeowner’s eligibility for a modification.

Merkley said his plan also includes a tax credit for first time buyers designed to spur the market recovery, as well as a provision that would require financial institutions to establish a single point of contact for homeowners, as opposed to being bounced around through a gauntlet of “customer assistance” specialists. Finally, the legislation would extend new powers to federal bankruptcy judges, allowing them to modify principal and interest on homes, just as they do for other items, such as boats and vacation rentals.

Merkley said Tuesday that his ideas may not be perfect, but he thinks they have solid merit and ought to be the starting point for a new approach to the growing foreclosure crisis.

“The key is we need to renew the national conversation about how to assist homeowners,” he said.

When asked how the plan would be funded Merkley, didn’t provide any specifics. But he suggested that modified loans could be re-bundled and sold onto the bond market, which is now on a more solid footing. He said it’s possible that large financial institutions, several of which he said are now preparing to roll out their own modification programs, might be willing to underwrite much of the costs of acquiring non-performing loans for the chance of future returns.

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9 Comments

  1. Understanding Derivatives — A Primer
    Heidi is the proprietor of a bar in Bend, OR. She realizes that virtually all of her customers are unemployed alcoholics and, as such, can no longer afford to patronize her bar.
    To solve this problem, she comes up with a new marketing plan that allows her customers to drink now, but pay later. Heidi keeps track of the drinks consumed on a ledger (thereby granting the customers’ loans). Word gets around about Heidi’s “drink now, pay later” marketing strategy and, as a result, increasing numbers of customers flood into Heidi’s bar. Soon she has the largest sales volume for any bar in Oregon. By providing her customers freedom from immediate payment demands, Heidi gets no resistance when, at regular intervals, she substantially increases her prices for wine and beer, the most consumed beverages. Consequently, Heidi’s gross sales volume increases massively. A young and dynamic vice-president at the local bank recognizes that these customer debts constitute valuable future assets and increases Heidi’s borrowing limit. He sees no reason for any undue concern, since he has the debts of the unemployed alcoholics as collateral!!!
    At the bank’s corporate headquarters, expert traders figure a way to make huge commissions, and transform these customer loans into DRINK BONDS.
    These “securities” then are bundled and traded on international securities markets. Naive investors don’t really understand that the securities being sold to them as “AAA Secured Bonds” really are debts of unemployed alcoholics. Nevertheless, the bond prices continuously climb!!!, and the securities soon become the hottest-selling items for some of the nation’s leading brokerage houses.

    One day, even though the bond prices still are climbing, a risk manager at the original local bank decides that the time has come to demand payment on the debts incurred by the drinkers at Heidi’s bar. He so informs Heidi. Heidi then demands payment from her alcoholic patrons, but being unemployed alcoholics they cannot pay back their drinking debts. Since Heidi cannot fulfill her loan obligations she is forced into bankruptcy. The bar closes and Heidi’s 11 employees lose their jobs.
    Overnight, DRINK BOND prices drop by 90%.
    The collapsed bond asset value destroys the bank’s liquidity and
    prevents it from issuing new loans, thus freezing credit and economic activity in the community. The suppliers of Heidi’s bar had granted her generous payment extensions and had invested their firms’ pension funds in the BOND securities. They find they are now faced with having to write off her bad debt and with losing over 90% of the presumed value of the bonds.
    Her wine supplier also claims bankruptcy, closing the doors on a family business that had endured for three generations, her beer supplier is taken over by a competitor, who immediately closes the local plant and lays off 150 workers..
    Fortunately though, the bank, the brokerage houses and their respective executives are saved and bailed out by a multibillion dollar no-strings attached cash infusion from the government i.e. the Taxpayers. The funds required for this bailout are obtained by new taxes levied on employed, middle-class, nondrinkers who have never been in Heidi’s bar. Bank employees receive record bonuses.

  2. The housing market needs to bottom out on its own before any real improvement will take place. As long as the government keeps trying to artificially prop up housing prices and keep them from dropping to their real value, the needed correction is only being postponed.

  3. Eric, brilliant and astute parable. Well said. There are of course many who did qualify for the loans they received but later became unable to pay due to the economic crisis brought on by the defaults on so many loans that never should have been made in the first place, but this entire tragedy was predictable and in fact was predicted in detail by several writers years beore the actual collapse.

  4. Sorry, it looks like the “parable” I applauded was submitted by “SW Bend” and not Eric.

  5. Blame it on Rio….LOL. Not to mention the unemployed are even taxed on the unemployment money they receive. I think we can all agree on this being called the TAX-PAYER BAILOUT…The Drunk is the Taxpayers!!!! Sooooo, What’s your point??

  6. One more cents to add. How about illegal immigrants? they get food stamps, just b/c they are illegal and knows if they have anchor babies, while the tax paying, pay for the medical bill, unemployed, tax payer still pays for that too. It’s enough to make you drink.

    They open up business, and only hire their own. We pay the legal one more money b/c they are bilingual; However, they send/arrange for their loved one to come here and work under their social security numbers. Economy busted, housing broken, illegal around 2 to 4 million strong-destroying America. Someone speaka English!

  7. I’m sorry to be the wet-blanketed little Pollyanna here, but I know of far too many straight-up, totally respectable people who WERE qualified for these loans when originated, had conventional “safe” loans, who have been literally deceived by the banks (that’s the nice description). They were told to approach & work with their banks BEFORE they got behind and when/if they had a “rough spot”.They WERE lured into modifications that went nowhere except into foreclosure.
    People, these are not a bunch of stoopid slackers making bad life decisions. They are simply families, not even with 2nds or a giant debt load, who once they entered the modification process eventually learned too late and with many fees, penalties added-in that they were being foreclosed upon at the same time (dual-track). I don’t know about you, but if you are bleeding financially and doing everything in your power to save your familie’s home and complying with what the bank asks of you, and apply for a FEDERAL program (HAMP) that is marketed HARD at these folks – WTF? Even more ludicous is the present HHF money going towards the Mortgage Payment Assistance programs in the hardest hit Oregon counties. If people qualify ( but don’t even think of applying if you are self employed!)they will receive free mortgage payments for a year of up to $20k – so guess what? The money goes right to you guessed it, the Banksters, but I suppose it does “buy” the homeowner time to save up and get the hell out of there, as surely the banks will re-start the f/c process all over again. I say, give the homeowner the option of taking the whole 20k and go find a good lawyer…….

  8. To Mytwocents:
    Before you comment get your fact streigten out, illigal immigrants do not get food stamps (facts below)…
    and if you want to make more money for being bilingual get off the WEB, and go to school to learn another language

    From SOCIAL SECURITY ONLINE (official website)
    Who can get food stamps?
    Anyone can apply for food stamps. To get food stamps, you and the other people in your household must meet certain conditions. Everyone who is applying in your household must have or apply for a Social Security number and be either a U.S. citizen, U.S. national or have status as a qualified alien.

    The following qualified aliens are eligible for food stamps without a waiting period:

    Legal immigrant children under age 18;
    Blind or disabled legal immigrants who receive disability assistance or benefits;
    Individuals born on or before August 22, 1931, and who legally resided in the United States on
    August 22, 1996;
    Lawful permanent residents who are active duty members or veterans of the U.S. armed forces or a spouse or a child of a veteran or active duty service member;
    Refugees admitted under section 207 of the Immigration and Nationality Act (INA);
    Asylees under section 208 of the INA;
    Deportees or removal withheld under section 243(h) or 241(b)(3) of the INA;
    Cuban or Haitian entrants under section 501(e) of the Refugee Education Assistance Act of 1980;
    Amerasian immigrants under section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988.
    The following legal aliens are eligible ยญwithout a waiting period even if they are not “qualified aliens:

    Hmong or Highland Laotian tribal ยญmembers (including their spouses and children)
    who helped the U.S. military during the Vietnam era;
    American Indians born in Canada;
    Members of Indian tribes under section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)).
    The following qualified aliens are eligible if they have lived in the U.S. for five years in qualified status:

    Lawful permanent residents (they may be ยญeligible sooner than five years if they have
    40 work credits);
    Parolees (paroled for at least one year under section 212(d)(5) of INA);
    Conditional entrants under 203(a)(7) of INA in effect prior to April 1, 1980;
    A battered spouse, battered child or ยญparent or child of a battered person with a petition pending under 204(a)(1)(A) or (B) or 244(a)(3) of INA.
    Most able-bodied people between the ages of 18 and 60 must register for work to qualify for food stamps. Many people may be required to participate in an employment or training program. Some college students also may be eligible.

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