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“What Is a Mortgage Cram Down??…”

On December 22nd in our piece, “Everything’s Negotiable…“, we wrote that we thought that for those financially challenged and potentially facing personal bankruptcy with resulting mortgage default and foreclosure that principal reduction was definitely on the horizon. We wrote in that piece,

“Additionally, the likely first piece of government assistance to come from the Obama administration is capital to help homeowners in foreclosure or approaching foreclosure. I expect that that assistance will incorporate some degree of mortgage principal reduction.

I would definitely broach with your banker the topic of principal reduction after laying out your budget. The worst that the bank can do is say no. If that is their response you will have been on record as having been proactive in the process and that can’t hurt you if in fact you end up actually defaulting.”

Given the anemic response to the current loan modification programs along with the high level of re-defaulting it is readily apparent that the powers that be should have been listening to Sheila Bair’s proposal on principal reduction from the outset. Sheila promoted the concept of government funding sharing in the losses with the banks in the principal reduction process.

The principal reduction proposal, also known as a “mortgage cram down”, is gaining momentum in Washington. Read more here how our friends at the WSJ write,

Mortgage Cram-Downs Loom as Foreclosures Mount“….

I personally find it difficult to swallow the concept of government funding for this program. At this juncture, though, the horse is so far out of the barn that we are trying to prevent the illness from becoming a full blown epidemic if not a plague.

Home prices are down 18% year over year in the top 20 cities in the country and foreclosures have increased by app. 40%. Both of these figures are certainly headed further in those directions with continued losses for the holders of the underlying mortgages, whether those mortgages are already pooled into securities or held in whole loan form.

The unintended consequences of a principal reduction program will likely be an increase in mortgage rates over the longer term along with a more stringent credit review for those applying for a mortgage. Why will this happen? Very simply, investors in mortgage securities will demand those concessions if they are to purchase mortgages
that have the chance of being “crammed down.” Additionally, this program may actually incentivize some borrowers to intentionally become delinquent in their mortgage payments and actually risk personal bankruptcy in an attempt to be “crammed down”. Where does the madness end?

For our new readers and followers please review our piece from December 22nd, “Everything’s Negotiable…“.

Trying to stay ahead of the curve for you here at NQ.

Happy New Year!!

LD

  • Concerned Citizen

    Yup, the winds are definitely blowing this direction — once Obama is installed, we’ll see some kind of mortgage “reset” program.

    You really have to wonder about the effectiveness of government involvement. They told us “bail the financial industry out TODAY, or the stock market will go down 40 pct.”. Well, they bailed and it still went down 40 pct.

    Now, the same geniuses are coming to us with another, similar idea, this time for homeowners who overextended and bought at the top of the market. Once the 15% of mortgage holders who are in real trouble figure out they can get a better deal from Uncle Sam, the next 15% will do the math and stop paying on their mortgage, so they can take advantage of this better deal. Maybe they should have started with mortgages (those that weren’t fraudulently obtained), guaranteed all money market and bank deposits and left the bankers to jump out of their windows — saving $700 billion and removing the bad bankers from the system.

    Once again, hard working and prudent savers are left to pay for the mess.

    Rewarding dishonest or perilous behavior only leads to more of the same — this is a form of corruption, as those getting bailed out pay in political contributions and votes and gain advantages others don’t receive. Already, the government has printed $2 trillion new dollars since SEPTEMBER, approaching the total amount of money created by the Federal Reserve since 1913.

    You have to wonder if we’d just be better off letting 20% of homeowners get tossed out of their homes (they can move in with friends or family) and a third of the banks in the country go broke. Then it would be over in a couple of years, the gamblers would lose, the savers would win, and we could rebuild. What’s going on is death by a thousand cuts and it will last for 10-20 years.

    The way things are going, this ends when the U.S. dollar is destroyed as a stable, reliable currency and the credit crisis turns into a currency crisis.

  • Queenie

    I saw on our local news the night before last..home prices in Miami are down 29+% ..and all throughout Southeast Fla..but in west coast it is down 19%..the prediction was in Feb there would be a explosion of ARM loans going bad in the Miami/ Ft Lauderdale areas..

    That is just what I saw on our local news..but stores are folding faster than you can blink down here in SW Fla. Soooo many empty store fronts..but this recession has been going on down here alot longer than most of the nation.

    What I am seeing alot of is a big influx of Brits here..not so many American tourists through Xmas and New Years..but lots of Brits!

    A Group of Americans did come in for the Bowl game though…but only the past 2 days.

  • I’m a Linda too

    Thanks. Sounds about right, especially with O-shit needing to pay back his Finance donors.

  • Sam

    The Fed is making zero effort in cutting their OWN outrageous spending on themselves. Obama keeps creating new positions and agencies and in general Fed hiring is at an all time high right now – a lot of the positions are merely redundant do-nothing administratuve type positions with all of the juicy wages, perks and benefits the private sector has lost. All you need is a security clearance, proof that some big bucks went into your “education” and/or an internal “connection” with someone in another Fed agency helps a lot.
    Fed agencies have gone into a frenzy of hiring “highly educated” zero real world experience grads for high-paying jobs that often involve little more than surfing the web for material to write assigned “reports” about.(Fed agency hiring is at all times high last year alone) I guess this is where all the “highly-educated” “wiz” kids who lost their Wall Street jobs will end up- supported by taxpayers in as close to the lifestyle they expected-as is possible for us to provide for them.
    The more these Fed agencies hire – the more budget money they get, so whats stopping them?

  • rolling_thunder

    Try googling CFR (council on foriegn relations) on ‘you tube’ It will blow your mind. The bankers run this country.
    Not only have they backed Obull but Obull was raised by his adopted father (Lolo Soteoro) who was a financier in the oil business and Obull’s granny who was a bank VP in a time when Women were not VP’s of banks and in a day when that position paid big bucks.
    This government control by the banks originated years ago and has many origins in (Arab) Africa. Connect the dots. Obull was ‘chosen’ long ago, perhaps when he was a young boy. So this poppycrud that Obull struggled to get where he is a bammboozle. Remember the you tube of Kerry being asked why he backed Obull? And he said it’s ’cause he’s ‘black?
    Well he prolly meant to say it’s ’cause he is Arab (who have origins in internaitonal banking control inclusing USA. Kerry donated 200k to Odinga, Obulls first cousin, and Hairy Reid donated 800k for a total of 1mm. The fix was in long ago. Mac and Hill may have been in on it. Yep, Obull is a front man.

  • rolling_thunder

    That was a cool pic of you Linda. You look so elegant and wise. :cool:

  • rolling_thunder

    will likely be an increase in mortgage rates over the longer term along with a more stringent credit review for those applying for a mortgage.

    This already happened this past fall.
    Not only stringent credit but net worth and personal background checks are at issue.

  • LD

    Rolling…

    Even moreso going forward!!

  • I’m a Linda too

    lol Thanks. Boy, pictures can be deceiving huh? :)

  • Texas Playwright

    The more we vet bho and cabal, the more we’ll know about the banking system at home and abroad running our country. So many people have yet to connect the dots. We must keep pounding out the info.

  • Queenie

    And is there any wonder why Bush and Cabal let this guy take an easy ride to the White House..
    think of Poppy Bush’s daddy..Prescot and how he got off the treason charges ..because of the NY Banking community!!

  • PamFlorida

    Your post brings up excellent points on Fed spending and warrants further comments in a separate discussion.
    The Federal payroll has grown enormously (over 9,000 jobs added in the first 3 quarters of 2008), particularly in the last 8 years.
    The constant talk of how “entitlement” spending is bankrupting our country is just smoke and mirrors to cover up the outrageous growth of gov. agencies and bureaucracy.
    Your point is well taken. I hope someone will address this issue at NQ very soon.

  • TeakwoodKite

    LD Happy New Year to you and yours.

    If there a silver lining in all this mess, I’m hoping it will be shining a light on the corporate welfare culture. “what is too big to fail”, needs to be looked everyday.

    On CNN this am, they had AIG on a “death watch”, which speaks volumes about the billions of dollars (and counting) of tax payer money they have recieved and for all that they still are gasping for all they are worth.

    I think it may be better to let them fail.

  • LD

    Teak….To be perfectly frank, AIG is already dead and the government money is merely propping them up. Reminds me of the movie, “Weekend at Bernies’.”

    AIG sold a division, Hartford Boiler,( this division insures engineering programs) to Allianz for $750 million. AIG projected that they would receive somewhere between $1 bln and $2 bln for that division.

    The unwind of AIG will continue to keep insurance companies in general under pressure throughout 2009.

    Happy New year to you and yours as well!!

  • EWard

    LD – Great article about an important financial story that touches all our lives. The mortgage cram down idea is bad for the economy. The bailout money given to financial institutions should be regulated to help the homeowners with their mortgages.

    A judge has no business or expertise in making these decisions. The banks shouldn’t suffer because the government doesn’t have their act together. I agree with the other posters that all the government is doing is creating more irrelevant departments at the taxpayer’s expense.

  • scorbs

    Sen. Clinton was discussing this program some time ago as well as Bair. Even if the government doesn’t participate, judges should have a right to lower mortgage principal since the banks are slow to do so.

  • TeakwoodKite

    I loved Hotdog Beach, brings back fond memories of the Hamptons as a kid.

    This coming year will be a “take what you can get” for many. I see now indication that the “model is broken” you wrote so well about is going to change. Greed is a hard human trait to *”manage”. (*not the right word)

  • Ellen D

    For the most part, the banks are lurching all over the place.
    The companies I handle are (knock wood) pretty stable and even self-financing however I have spent the past 4 years building up their banking credit history with ever-rising loan requests paid back early. Their credit history is exemplary.
    However last month our normally OK bank suddenly went nuts and made the insane request that we deposit our loan request with them as collateral and they then loan us back the exact same amount of money. At interest higher than our deposit earned of course.
    I don’t know what they are smoking to even send their bank vice-presidents out with such an absolutely moronic suggestion. They would have been better off to just turn us down flat.
    Yesterday, to show how tough they are getting, they questioned our President’s normal signature on a check and refused to accept an employee’s recently-expired passport as identification. Huh? The passport expired but that doesn’t mean the person’s life is nullified as of that date. She still has the same face and signature which is clearly on the passport. I’m sorry, but as of the date your passport expires, you no longer exist. The bank says so.
    It’s time for a sanity check of all bankers.

  • EWard

    scorbs

    Having a judge change a mortgage loan spells disaster. They do not understand the mortgage system. These loans are bundled in packages and resold in the secondary market to investors. A number of these investors that buy the loans are charities and retirement fund organizations representing school districts, county and state pensions. Furthermore, why should investors be penalized for the mistakes of the borrowers? It will not help either individuals and businesses wanting to borrow and will hurt the banks.

    If you think the banks are slow to act the judicial process is not known for their expediency.

  • http://bucknakedpolitics.typepad.com Deb Cupples

    Hi LD,

    I’ve read your Nov. 12 post and would like to email you about it. If you have time, would you email me so that I’ll have your address?

    thecrux@bucknakedpolitics.com

  • LD

    Will do with pleasure.

  • http://www.subprimeloananalysis.com BWare

    As sad as it sounds, I believe that you are spot on in your assessment of the collateral damage exposure for taxpayers. I’ve never been a fan of the bailout — thought it was the Mother of all Pork Programs — and “Big Bank Hank” Paulson has even turned corporate gifting into a fiasco.

    Having said that, taxpayers can choose to be hit by either a backdraft (proactive action) or a tsunami (do nothing). If you think that honest taxpayers getting stiffed with the bill at the end of Bailoutpalooza is a bad thing, wait till you see what the IMF has in store for US taxpayers after “Inflation Gone Wild” and “Runaway Dollar Shorting” make their US run.

    I’ve heard this talk of mortgage cram-down for some time, and we’ll see it in some diluted form in the near future. What really needs to happen is some sort of MBS/CDO eminent domain program, where the govt can seize entire MBS/CDO issuances, then work out orderly loss mitigation strategies. This beats getting caught in the crossfire of “tranche warfare” when attempting loss mit on a loan-by-loan basis.

    We’ll have to see how things go…it’ll be fun to watch…gotta have a positive mental outlook about these things…

    BWare
    Subprime Loan Analysis

  • http://www.noquarterusa.net/blog/2009/01/12/market-musings-on-a-monday/ “Market Musings on a Monday….” : NO QUARTER

    [...] Also in regard to Citi, it was no surprise to me that they were the one banking institution publicly supporting the principal reduction program known as a “Mortgage Cram Down” (highlighted here at NQ on both December 23rd, “Everything’s Negotiable“, and January 1st, “What’s a Mortgage Cram-Down?”) [...]

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