Obama Gives Opening To Push Narrower Mortgage Cram-Down Bill
February 20 2009 - 5:00PM
Dow Jones News
Mortgage lenders battling legislation to allow homeowners to
reduce their mortgage principal balance in bankruptcy have found an
unlikely ally in the Obama administration.
President Barack Obama, who supported the measure on the
campaign trail, has included it in the housing plan he unveiled
this week. However, he proposed changes that could sharply curtail
its impact, a move that banking lobbyists have seized as ammunition
in their fight against the bill.
"The president's proposal goes a long way to bridge the gap
between the sides on the issue," Financial Services Roundtable
Senior Vice President Scott Talbott said.
The House next week may vote on the measure as part of a housing
package.
Under the legislation, borrowers would be eligible to have a
bankruptcy judge reduce the principal balance on their home loan, a
move known as a "cram down." Current law allows cram downs for
mortgages on vacation properties, but not for those on primary
residences.
Proponents contend it will act like a stick, spurring mortgage
servicers to complete more loan modifications. Meanwhile, the
banking industry warns that it will raise mortgage costs for all
borrowers.
President Obama this week reiterated his support for the
legislation, which could hit the House floor as soon as next week.
But the administration has signaled that it views court-ordered
modifications as a last resort and has proposed a raft of
incentives for mortgage servicers to complete voluntary loan
modifications.
A fact sheet released by the administration called cram down an
option "for borrowers who have run out of other options." The
administration wants to limit cram downs to mortgages no larger
than those that Fannie Mae (FNM) and Freddie Mac (FRE) can buy "so
that millionaire homes don't clog the courts."
It also proposed changes so that the Federal Housing
Administration and the Veterans Administration would pay claims
against crammed-down amounts of mortgages they insure.Industry
officials believe such a move would prevent investors from fleeing
such loans.
But, most importantly, the administration said borrowers must
certify that they have complied with requests from mortgage
servicers to furnish information necessary for a loan modification.
Banking lobbyists argued this is a crucial change from current
legislative proposals, which only require borrowers to certify that
they attempted to contact their lender regarding loan modifications
before filing for bankruptcy.
The industry welcomed the proposals, saying they would likely
curtail demand for judicial modifications, if they were legalized.
Requiring borrowers to supply information to mortgage servicers
before heading to bankruptcy court would increase the chances of a
voluntary loan modification, they said.
Lobbyists are now arguing that the bankruptcy measure needs to
be softened lest it cripple the administration's effort to spur
voluntary modifications by mortgage servicers by providing
financial incentives.
"Otherwise, you will have homeowners confused about which
program to use, or worse, gaming the system. That would undercut
both programs," Talbott said.
They point out that loan modifications under the Obama plan are
likely to be far more aggressive. Bankruptcy judges are prohibited
from lowering interest rates on secured debt below market rates or
reducing principal below an asset's market value.
Neither apply under the Obama plan, which would provide
incentives for servicers to change the interest rate on a modified
loan to as low as 2%, well below market rates.
Proponents of the cram-down legislation have long argued it
should be a last resort for borrowers, who would face a host of
penalties, including badly damaged credit, if they file for
bankruptcy.
The House could consider cram-down legislation next week in a
proposed housing bill that also includes changes to the Hope for
Homeowners program. This program began last fall to help strapped
borrowers to refinance into more affordable loans backed by the
government.
The Senate appears to be moving on a slightly slower track,
however, according to a Senate aide.
"We are working to get everyone on the same page and crafting a
seamless package that could move quickly," the aide said.
Eric Stein, senior vice president for government relations for
the Center for Responsible Lending, said requiring borrowers to
certify they had supplied essential information to mortgage
servicers wouldn't weaken the legislation.
However, he warned against piling on additional borrower
requirements, saying they could slow down a process intended to be
speedy and objective.
"If you require a mini evidentiary trial before every case,
that's really going to clog up the courts," Stein said.
-By Jessica Holzer, Dow Jones Newswires; 202-862-9228;
jessica.holzer@dowjones.com