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Poetic Justice strikes Banksters: Judges say, "No tickee, no forclosee."


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2008 Feb 22, 5:08am   25,789 views  146 comments

by HARM   ➕follow (0)   💰tip   ignore  

Judge Smales
Judge Smales: "You'll get nothing and like it!"

Banks Lose to Deadbeat Homeowners as Loans Sold in Bonds Vanish

Some highlights:

Feb. 22 (Bloomberg) -- Joe Lents hasn't made a payment on his $1.5 million mortgage since 2002.

That's when Washington Mutual Inc. first tried to foreclose on his home in Boca Raton, Florida. The Seattle-based lender failed to prove that it owned Lents's mortgage note and dropped attempts to take his house. Subsequent efforts to foreclose have stalled because no one has produced the paperwork.

...Judges in at least five states have stopped foreclosure proceedings because the banks that pool mortgages into securities and the companies that collect monthly payments haven't been able to prove they own the mortgages.

...Each time the mortgages change hands, the sellers are required to sign over the mortgage notes to the buyers. In the rush to originate more loans during the U.S. mortgage boom, from 2003 to 2006, that assignment of ownership wasn't always properly completed, said Alan White, assistant professor at Valparaiso University School of Law in Valparaiso, Indiana.

"Loans were mass produced and short cuts were taken,'' White said. "A lot of the paperwork is done in the name of the original lender and a lot of the original lenders aren't around anymore.''

...When the mortgage servicers and securitizing banks that act as trustees of the securities fail to present proof that they own a mortgage, they sometimes file what's called a lost-note affidavit, said April Charney, a lawyer at Jacksonville Area Legal Aid in Florida.

Nobody knows how widespread the use of lost-note affidavits are, Charney said. She's had foreclosure proceedings for 300 clients dismissed or postponed in the past year, with about 80 percent of them involving lost-note affidavits, she said.

"They raise the issue of whether the trusts own the loans at all,'' Charney said. "Lost-note affidavits are pattern and practice in the industry. They are not exceptions. They are the rule.''

"Lost-note Affidavits". Add that to "Bandos" as a nominee for best new bubble buzzword of the year.
HARM

#housing

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1   Claire   2008 Feb 22, 6:00am  

Well, on the one hand you feel some glee that the greedy banksters are being forced to produce the paperwork and get their acts in order,

but on the other hand I am pissed that the guy bought a $1.5 million house and is welching on the deal he made when he borrowed the money

- it's not like it's a little old lady in a $100,000 property or a family of four near the proverty line that is trying to hold onto their property.

At some point in time, could he claim the property free and clear as in "homesteading"?

2   HeadSet   2008 Feb 22, 6:14am  

At some point in time, could he claim the property free and clear as in “homesteading”?

I would be in favor of a 100% tax on any gains from acquiring a house free and clear because you stopped paying on a loan. Tax due as 100% of the unpaid balance of the welched loan. Use the proceeeds to help fund the inevitable bailout.

3   HARM   2008 Feb 22, 6:15am  

@Claire,

I've got no love for obvious system-gaming sleazeballs like Joe Lents. However, the idea that it's A-ok to be so f**in irresponsible and cavalier to lose the deed to a house, then expect to be able to foreclose & evict the occupants at will is ludicrous.

Banksters have been playing fast and loose with the rules for years because it was so (short-term) profitable for them. Now, the "efficiency above all else" chickens have come home to roost and it's creating real headaches for them.

Tanta over at CalculatedRisk has been beating this drum for some time now, but to see it play out in real time is just priceless.

4   HARM   2008 Feb 22, 6:27am  

I had a friend a couple years back who got a NOD on his house, despite having dutifully paid up his mortgage by the 1st of each month. Took him a little investigating, but it turns out the originating lender had sold it downstream and it changed hands several times among various MBS servicers.

The note-holder is required by law to notify the mortgagor of the change and provide a new mailing address to send the checks to, but --surprise, surprise-- they played fast and loose, cuz' due diligence would cost them money 'n cut into profits 'n stuff.

Funny thing is, his checks were still being cashed by the old servicer, not returned uncashed as they should have been. So, all the while he thought he was current, the new servicer was marking him delinquent. Even better, it dinged his credit rating and he had to hire a lawyer in order to fix things and recover his wrongly-cashed mortgage payments.

Joe Lents and these corporate sleazebags deserve each other.

5   Claire   2008 Feb 22, 8:13am  

@HARM

Don't get me wrong - I'm definitely not on the side of the banks, like you say, they deserve each other.

I just wonder if, again, those of us on the sidelines will somehow be made to pay for this.

I'm thinking that banks will want to be changing the wording and terms on all their mortages that they orginate in the future - to our detriment.

6   houselessinseattle   2008 Feb 22, 8:17am  

Off topic but I couldn't resist. I've read this blog for 3 years and have learned more than I did in 4 years of college. I would like to thank everyone sharing your opinions. I haven't posted in quite a while but yesterday I came across a situation I had to share. I have been renting for almost 3 years now and couldn't be happier. Quick history; bought a triplex in 2001 and sold in 2005 for a large profit. Currently renting a 1.5 million dollar house on Lake Sammamish for $2850/month with a 3 year lease. I regularly browse craigslist for similar rentals on the lake. Yesterday I came across a rental down the road from mine. 4200sf remodeled 4br 3.5ba. A beautiful home on a great piece of property. The listing said something very odd; no use of the dock at request of owner. I've never seen this and who would rent a waterfront home without use of the dock/lake? I went to Zillow figuring that someone bought the house thinking they could hold it for a few years and make a killing. Turns out it was bought in December for 2 million. I then called the listing agent and asked about the dock rule. Turns out it was bought by the City of Bellevue and they don't want the liability. I go on to learn that the city is buying up the homes in order to build a park in about 7 years. They now own 2 that I know of. I drove there to take a look and the home next door was obviously bought over a year ago and is vacant and boarded up. My tax dollars are being used to buy multi-million dollar properties at all-time high prices that they will sit on for 7 years and pay to tear them down and develop a park. I would like to have been at the city council meeting where they came up with this use of my money. For all I know this is very common, but even so, it's just another example of the gov't playing with monopoly money.

7   HeadSet   2008 Feb 22, 9:26am  

HouseLessInSeattle,

I would suspect that someone on the Bellvue council or someone with influence has property at that lake they need to be rescued from.

8   HelloKitty   2008 Feb 22, 9:28am  

@houseless that story is common in CA.

In los angeles the government bought a huge huge ranch (Ahmanson Ranch - google it) to stop 8,000 desperately needed homes from going in. Condos/affordable home/McMansions - a whole city was planned with greenspace.

Environmental/Nimby groups fought it for 10 years and finally won supposedly to save a rare frog...really to make boomer house prices always go up since that is thier retirement as we know..... And theyve done a great job and running up prices...

This happend at the peak bubble when they bought them out (for cheap since they stole the land) and it was very discouraging....the 'prices only go up crowd were behind it'.

9   houselessinseattle   2008 Feb 22, 10:28am  

Headset

I can see where you would suspect that, however, these homes have not seen any depreciation yet, they have leveled out and are staying on the market for a lot longer than just six months ago. The party is just starting here in the high rent district. You have to remember, Seattle is different. I'm going to put together a proposal and see if I can't get a 5 year lease on the place.

10   PermaRenter   2008 Feb 22, 12:26pm  

Countrywide Treats Bankers to Ski-Resort Trip
The U.S. home-mortgage industry is in the dumps. That doesn't mean the party is over for mortgage bankers.

Countrywide Financial Corp., the nation's largest mortgage lender by loan volume, will host about 30 representatives of smaller mortgage banks for three nights next week at the Ritz-Carlton Bachelor Gulch ski resort in Avon, Colo. At one of the country's most-glamorous skiing spots, a regular room on a weekday starts at $750.

The first items on the agenda for guests arriving Monday evening: Cocktails and ski fittings. Next is dinner at the Spago restaurant, whose menu includes Kobe steak with wasabi potato puree for $105. (For the budget-minded, pan-roasted buffalo filet with Kabocha pumpkin flan is $54.)

The annual event is for bankers at correspondent lenders, which originate loans and then sell them to Countrywide. The Calabasas, Calif., lender is paying for hotel rooms, meals, skiing and tips, according to a program distributed to attendees.

The schedule calls for four-hour business meetings Tuesday and Wednesday mornings, followed by skiing and dinner. Those dinners are at Zach's Cabin, where diners arrive by sled, and at Larkspur in Vail, Colo., where the menu includes California farmed Alverta President caviar, listed at $140.50.

Many companies entertain business partners in luxurious settings, of course. But this event stands out because of the company's circumstances. Countrywide's board agreed last month to sell to Bank of America Corp. for about $4 billion, less than a fifth of its market value 12 months earlier.

Rising defaults and falling home prices led to losses of about $1.6 billion at Countrywide in the second half, and the company has reduced its work force by 11,400, or 19%, since July.

11   PermaRenter   2008 Feb 22, 12:35pm  

Step one is the worst housing recession in US history. House prices will, he says, fall by 20 to 30 per cent from their peak, which would wipe out between $4,000bn and $6,000bn in household wealth. Ten million households will end up with negative equity and so with a huge incentive to put the house keys in the post and depart for greener fields. Many more home-builders will be bankrupted.

Step two would be further losses, beyond the $250bn-$300bn now estimated, for subprime mortgages. About 60 per cent of all mortgage origination between 2005 and 2007 had "reckless or toxic features", argues Prof Roubini. Goldman Sachs estimates mortgage losses at $400bn. But if home prices fell by more than 20 per cent, losses would be bigger. That would further impair the banks' ability to offer credit.

Step three would be big losses on unsecured consumer debt: credit cards, auto loans, student loans and so forth. The "credit crunch" would then spread from mortgages to a wide range of consumer credit.

Step four would be the downgrading of the monoline insurers, which do not deserve the AAA rating on which their business depends. A further $150bn writedown of asset-backed securities would then ensue.

Step five would be the meltdown of the commercial property market, while step six would be bankruptcy of a large regional or national bank.

Step seven would be big losses on reckless leveraged buy-outs. Hundreds of billions of dollars of such loans are now stuck on the balance sheets of financial institutions.

Step eight would be a wave of corporate defaults. On average, US companies are in decent shape, but a "fat tail" of companies has low profitability and heavy debt. Such defaults would spread losses in "credit default swaps", which insure such debt. The losses could be $250bn. Some insurers might go bankrupt.

Step nine would be a meltdown in the "shadow financial system". Dealing with the distress of hedge funds, special investment vehicles and so forth will be made more difficult by the fact that they have no direct access to lending from central banks.

Step 10 would be a further collapse in stock prices. Failures of hedge funds, margin calls and shorting could lead to cascading falls in prices.

Step 11 would be a drying-up of liquidity in a range of financial markets, including interbank and money markets. Behind this would be a jump in concerns about solvency.

Step 12 would be "a vicious circle of losses, capital reduction, credit contraction, forced liquidation and fire sales of assets at below fundamental prices".

12   northernvirginiarenter   2008 Feb 22, 6:48pm  

Homeowners Losing Equity Lines
As House Values Fall, Some Banks Withdraw Credit

By Dina ElBoghdady
Washington Post Staff Writer
Saturday, February 23, 2008; A01

In one brief phone call, Nancy Corazzi's lender yanked away what was left of the $95,000 home equity line of credit that she and her husband took out five months ago.

The lender informed her that her Howard County home had plummeted in value and the company did not want the risk that she would owe more than the house was worth.

"I got off the phone and I was shaking," said Corazzi, who was using the money to pay preschool tuition for her twins ."I was near tears. We needed this credit line to get us through some tough times."

Several of the nation's largest lenders, along with smaller ones, are shutting off access to home equity lines in areas where home values are declining. It's an unusually aggressive move as the industry grapples with fallout from the mortgage crisis that began unfolding last year.

Now that home prices have dropped in many parts of the country, lenders are nervous that they may never collect the money that they extended to borrowers. They are responding by freezing or lowering the credit limits on home equity lines, leaving thousands of borrowers like Corazzi in the lurch.

"Nearly all the top home equity lenders I know of are doing this or considering doing this," said Joe Belew, president of the Consumer Bankers Association, which represents some of the nation's largest home equity lenders. "They are all looking at how to protect themselves as real estate values go down, and it's just not good for the borrowers to get so overextended."

Countrywide Financial, the nation's largest mortgage lender, suspended the home equity lines of 122,000 customers last month after reviewing their property values and outstanding loan balances. The company, like others, has an internal automated appraisal system that tracks values.

The company declined to disclose how many of the affected borrowers lived in the Washington area. About 381,000 borrowers in the region had home equity lines at the end of last year, according to Moody's economy.com.

USAA Federal Savings Bank froze or reduced credit lines for 15,000 of its customers, including Corazzi, and will not reconsider its decisions until "real estate values improve substantially," the company said in a statement.

Bank of America is starting to do the same and is contacting some borrowers, said Terry Francisco, a bank spokesman.

"We know this can cause hardship to our customers," Francisco said. "If they used the credit to make payments that are in the pipeline, we will work with them to make sure the payment goes through."

The appeal of home equity lines has always been their flexibility.

They operate like credit cards, with the home as collateral. Borrowers can use the money when they want, up to a limit, then repay it over time. The limit depends on the amount of equity they have in the house. Home equity lines, which grew popular in the late 1980s, have typically attracted educated borrowers with above-average incomes and job stability who tend to repay what they borrow in a timely manner, industry studies show.

Since the crisis in the housing and mortgage markets started, however, delinquencies on home equity lines reached 0.84 percent in the third quarter, the highest level in a decade, the American Bankers Association said.

Because missed payments are often a precursor to foreclosure, lenders are spooked. Companies that hold credit lines typically recoup little, if any, of their money in a foreclosure, hence the retreat on home equity lending.

Larry F. Pratt, chief executive of First Savings Mortgage in McLean, said most mortgage documents he has seen give lenders wide latitude to suspend or freeze credit lines.

"A layperson would not recognize the language because it's not that blatant," Pratt said. "It talks about deterioration of the value of the asset or the value of the collateral. . . . It's not boilerplate language by any means."

Maggie DelGallo did not realize that when she took out a home equity line a few years ago on her home in Loudoun County. Her lender recently froze the line.

DelGallo, a real estate broker, has used some of her credit line over the years. Had she known the freeze was coming, "I would have drained it," she said. "I would have taken every dime and possibly placed it in a money-market vehicle."

DelGallo said she does not think she is in dire straits. "It's more like a huge disappointment," she said. "I have this line of credit attached to my home that's useless."

Last year, 34 percent of borrowers said they used their home equity lines to pay off other debt and 29 percent used them for home renovation, according to a survey of lenders by BenchMark Consulting International. Another 31 percent used them to pay for other things, such as medical bills, weddings or vacations.

Corazzi initially used her line to consolidate debt. She and her husband took out the credit line in October because they thought her job was in jeopardy.

It was. In December, her salaried position as a loan-processing manager at a local mortgage bank changed to a commission-only job.

Given the slowdown in the industry, Corazzi has collected only one paycheck since then. Her husband, Ron, sells large-format copiers and printers to builders, and his salary alone cannot support them and their four children, ages 4 to 8.

By the time their lender called, the couple had $45,000 remaining unused on the credit line. Ron Corazzi is now looking for a second job, and his wife is hoping to pick up work as a substitute teacher.

Meanwhile, they are trying to open a new home equity line elsewhere, but chances are slim given the change in Nancy Corazzi's job status and the drop in their home's value. Five months ago, the Ellicott City house was appraised at $560,000; the lender says it is now worth $469,100.

"I told them, 'You guys are wrong,' " Nancy Corazzi said. "They said, 'Sorry, this is what we're doing in the entire area.' "

Corazzi said she was blindsided by what's happened. "I didn't know they could do that. I thought I was too smart to have something like this happen to me."

13   HelloKitty   2008 Feb 22, 8:47pm  

cutting of HELOC is unheard of. yet another 'never happened before' during the credit catastrophe.

most people use it up within the first year I bet. thus the huge losses.

with high LTV those HELOCs are essential unsecured. So its an 8% credit card with a 150K balance, losses will continue to be staggering when you compare them to credit cards. 30k is a 'whopping credit card' max, but it takes 300k for a HELOC to be out of the ordinary large.

14   Paul189   2008 Feb 22, 10:19pm  

http://tinyurl.com/3d35ye

Even Northern Trust?!? This world has gone completely mad.

15   DennisN   2008 Feb 23, 1:12am  

Corazzi, who was using the money to pay preschool tuition for her twins

Why the heck does fancy-pants private-preschool tuition require going to the poorhouse via HELOC?

16   Claire   2008 Feb 23, 1:38am  

And a bailout is coming! How the hell can we stop Washington from bailing out the banksters et al? Any suggestions greatly appreciated!

17   Lost Cause   2008 Feb 23, 6:02am  

I wouldn't get change for a dollar at Washington Mutual.

18   e   2008 Feb 23, 7:40am  

>>Why the heck does fancy-pants private-preschool tuition require going to the poorhouse via HELOC?

Pre-school can range from "horrible" at $1000 a month to "ok" at $1500 a month to "excellent" at $2500 a month.

Seriously - that's the business to be in. (Though I bet their insurance costs must eat all the profit.)

19   Eliza   2008 Feb 23, 10:41am  

Yup, preschool is pricey. And the lady has twins. That would be about $3k per month for "OK."

Of course, I am going to guess that pulling the twins out of preschool and staying home with them would work out better, money-wise, than leaving twins in preschool and working as a substitute teacher.

Re: preschool as a business...I have a friend who just started a small daycare. She's doing OK with six kids at $12/kid/hour. That puts her in tech salary range for finger painting and sand play. I'm not saying that engaging with kids is not work, it is, but times have changed since the days when there were tons of stay-at-home moms who would be happy to bring in a few pennies for watching the neighbor's kids.

20   B.A.C.A.H.   2008 Feb 23, 12:24pm  

What did Reagan, Clinton and Obama have in common?

Their dads abandoned them at an early age. And they didn't go to hoity toity elite preschools.

21   Malcolm   2008 Feb 23, 1:16pm  

Claire Says:
February 23rd, 2008 at 9:38 am
"And a bailout is coming! How the hell can we stop Washington from bailing out the banksters et al? Any suggestions greatly appreciated!"

I think I still have my letter from Barbara Boxer stating there was no planned bailout or bills pending for a bailout.
-Dey are not near Bagdad~Iraqi Info Minister

22   PermaRenter   2008 Feb 23, 1:52pm  

I have seen the sex tape in valleywag.com:

http://valleywag.com/358401/gene-simmons-sex-tape-leaked-on-web-nsfw

Gene Simmons’ lawyer confirms sex tape is real

Gene Simmons’ lawyers have started sending out cease and desist letters to those that have posted the now infamous ‘Gene Simmons Sex Tape’ - and have pretty much confirmed it’s him in the video.

The letter, sent to Valleywag.com, reads, in part, “The video in question was surreptitiously filmed without Mr. Simmons’ knowledge by a woman named Traci Anna Koval.

“To the the extent that Ms. Koval ever claimed to have any interest in the video, which is both disputed and inconceivable, given its surreptitious filming, such rights were acquired by our client Allied Industry in 2003, pursuant to a written assignment and release agreement in which Ms. Koval assigned all of her interest in the video to Allied Industry, including the copyright, represented and warranted that no additional copies would be exploited or distributed and expressly consented to injunctive relief.”

The video, which surfaced yesterday, shows Simmons wearing his T-shirt in various sexual positions on a bed. It was originally posted on a website that is selling the tape to those who wish to download the footage.

In a recent blog entry, the Kiss rocker spoke out about the sex tape scandal, calling it “garbage”.

Gene’s statement, which hints at legal action, reads: “Hi everyone,

“You may have heard or seen garbage that has sprung up from my past.

“Rest assured the proper legal team is looking at all ramifications and options.

“And us? Shannon, Nick and Soph are happy and healthy.

“All is well.

“And thank you all for the kind words of support.”

23   ozajh   2008 Feb 23, 7:31pm  

cutting of HELOC is unheard of

That brings up a question that has been running around for a few days in my mind, and which I think I will raise on each of my favourite blogs (here, Ben's and CR :) ). Hopefully I can get at least one definite answer.

Can the lender do a similar thing on an Option-ARM? By that I mean call force majeure based on declining values, and demand that the borrower pay at least the monthly interest going forward.

24   ozajh   2008 Feb 23, 10:50pm  

According to Tanta at CR, no.

25   HeadSet   2008 Feb 23, 10:52pm  

Why the heck does fancy-pants private-preschool tuition require going to the poorhouse via HELOC?

Because, DennisN, the clowns see any bill paid by HELOC as being paid with free money, not as a loan with interest that must be paid back. Note that she only needs to find work now that the HELOC ATM is closed. Further proof of that demented mentality comes from another lady quoted in that article:

Had she known the freeze was coming, “I would have drained it,” she said. “I would have taken every dime and possibly placed it in a money-market vehicle.”

Does she really think she can find a money-market vehicle that pays higher interest than the HELOC would charge? Her statement implies she thinks of HELOC money as "profit" to invest.

26   northernvirginiarenter   2008 Feb 23, 11:37pm  

“I would have drained it,” she said. “I would have taken every dime.."

@Headset. Yup, agreed. And another interpretation is "I don't want to lose that financial security, that lifeline. After all, that's my cheap money isn't it?"

A worrisome speculation. Is the implication that once this gets out, will widespread reaction be this kneejerk "crisis" withdrawal? Its very possible that many consumers will want to do this very thing, yank out that cash before that opportunity disappears. I wonder what controls the banks have in place, it could get out of control in a hurry. Ummm, folks are sitting on checkbooks and debit cards to do the drawdown, right?

I even hear this from my friends, "well, we always have the heloc if things get a little more messy".

Who is up for a HELOC bank run, anyone?

27   Paul189   2008 Feb 23, 11:50pm  

Had she known the freeze was coming, “I would have drained it,” she said. “I would have taken every dime and possibly placed it in a money-market vehicle.”

How great would this be if she had done that only to see the money market fund "break the buck" due to losses in SIVs, etc..

28   northernvirginiarenter   2008 Feb 23, 11:51pm  

Imminent spike in non performing loans, this will clear out all those folks paying their firsts via Heloc withdrawal mighty quickly. Or maybe these 759 Fico's are all sitting on 100K in unused credit card lines to tap now. Fair Issac needs to get busy on profiling those who look like they lost Heloc via new credit card activity. Wonder if they are sophisticated enough to do this?

No doubt the major credit card issuers have their eyes on this one, already some significant activity reducing unused credit card lines. I suspect we will see a whole wave of pull back in short order.

No more soup for you. Credit and lending is about to finally seriously contract.

29   northernvirginiarenter   2008 Feb 23, 11:57pm  

This thing is about to get very serious. If the general public had any idea just how serious I think we would have a general panic on our hands. I am astounded daily at the absolute cluelessness of folks on these matters. I do feel like the clock is ticking, it will eventually get out.

30   HeadSet   2008 Feb 24, 12:16am  

I am astounded daily at the absolute cluelessness of folks on these matters.

It may not be "those folks" who are clueless. The gov right now may be working on ways to take the sting out of reckless debt. All at the expense of savers, of course. After all, who would have predicted the "tax rebates" and the lack of M3 data?

Save the Nation with Inflation

Pay the Chinese with Inflation ease

Cure the Mess with the Printing Press

Despite any such efforts, I hope Mish is correct and deflation vindicates savers and creates affordable housing for future generations.

31   DennisN   2008 Feb 24, 12:26am  

Last year, 34 percent of borrowers said they used their home equity lines to pay off other [improvidently-acquired] debt and 29 percent used them for [pergranitile] home renovation, according to a survey of lenders by BenchMark Consulting International. Another 31 percent used them to pay for other things, such as medical bills, [unneccesarily-ostentatious] weddings or [unnecessarily lavish] vacations.

That story was missing a few details so I took it upon myself to add in a few details. Is this hubris? No, let me tell you what's hubris - a quote from the same story.

"I thought I was too smart to have something like this happen to me."

32   northernvirginiarenter   2008 Feb 24, 12:27am  

This is the first mention I've seen of this particular bailout plan. It would seem to have just enough common sense in it to pull through our political diligence process. For my money, I'd bet you this is what the first phase of our government bailout plan looks like. It's interesting and entertaining that our financial leadership is inviting anyone with "ideas" at this point also. Good stuff.

http://www.nytimes.com/2008/02/23/business/23housing.html?_r=1&oref=slogin

partial excerpt

The House Financial Services Committee is working on various options, including a government buyout. The Bush administration may be softening its hostility to a rescue as well. Top officials at the Treasury Department are hoping to meet with industry executives next week to discuss options, according to two executives.

“There are a lot of ideas out there,” said Scott Stanzel, a spokesman for President Bush, when asked at a White House press briefing on Friday about a possible buyout program. “There are many different ways in which we can address this problem and we continue to look at ways in which we can do that.”

Supporters contend that a government rescue could be the fastest and cleanest way to force banks and investors to book their losses from bad mortgages — a painful but essential first step toward stabilizing the housing market.

The government would buy the mortgages at their true current value, perhaps through an auction, at what would probably be a big discount from the original loan amount. The mortgage lenders, or the investors who bought mortgage-backed securities, would be free of the bad loans but would still have to book their losses.

If the government took control of the bad mortgages, supporters of a rescue contend, it could restructure the loans on terms that borrowers could meet, keep most of them from losing their homes and avoid an even more catastrophic plunge in housing prices.

“Every citizen has a dog in this hunt,” said John Taylor, president of the National Community Reinvestment Coalition, a community advocacy group that has developed its own mortgage buyout plan. “The cost of spending our way out of a recession is something that everybody would have to bear for a very long time.”

Mr. Taylor estimated the government might end up buying $80 billion to $100 billion in mortgages. But he said the government could recoup its money if it was able to buy the mortgages at a proper discount, repackage them and sell them on the open market.

Treasury officials confirmed that several senior officials invited Mr. Taylor to present his ideas to them on Feb. 15. Mr. Taylor said he had also received calls from officials at the Office of Thrift Supervision and the Office of the Comptroller of the Currency, which is part of the Treasury Department.

But even supporters acknowledge that a government rescue poses risks to taxpayers, who could be left holding a very expensive bag.

Ellen Seidman, a former director of the Office of Thrift Supervision and now a senior fellow at the moderate-to-liberal New America Foundation, said the government’s first challenge is to buy mortgages at their true current value. If the government overpaid or became caught by an even further decline in the market value of its mortgages, taxpayers would indeed be bailing out both the industry and imprudent home buyers.

“It’s not easy, but it’s not impossible,” Ms. Seidman said. “There are various auction mechanisms, both inside and outside government.”

A second challenge would be to start a program quickly enough to prevent the housing and credit markets from spiraling further downward. Industry executives and policy analysts said it would take too long to create an entirely new agency, as Bank of America suggested. But they expressed hope that the government could begin a program from inside an existing agency.

But even if the government did buy up millions of mortgages and force mortgage holders to take losses, the biggest problem could still lie ahead: deciding which struggling homeowners should receive breaks on their mortgages.

33   HelloKitty   2008 Feb 24, 1:02am  

Government wont buy bad loans at discount - it will probably be at 100% of loan amount. Thats what a fannie refi is right? thus the increased limit allowing these big loans to be insured by taxpayer. Also fannie can buy 'old' loans from 1-2 years ago right?....I wonder what the criteria is....if they buy delinquent loans lookout below taxpayerss....

In other news Nader is running for president! I think he is the opposite of Ron Paul. If they shake hands they will combust like matter/anti-matter reaction.

34   PermaRenter   2008 Feb 24, 1:19am  

When buying a home, be wary of `creampuffs’

A perfectly groomed home could be irresistible — but acting on emotion might be risky.

They were a couple in their early 30s, out for a day of house-hunting when they happened upon a ranch-style place they found irresistible — first for its lovely gardens and later for its exquisite interior furnishings.

”Coming up the walkway, they bought that house before setting foot inside,” recalls Sid Davis, the real estate broker who listed the property.

After more than 25 years of selling homes, Davis knows which upgrades most enhance the salability of a place. And in this case the owners, following his advice, used all the hot buttons that excite buyer interest.

”The man of the house was an electrician who was exceptionally handy and could make a house look really sharp. He did a superb job of painting inside and out. His wife, a nursery school teacher, used her amazing green thumb to nurture the flower beds and lawn. When they were ready to sell, the place oozed with curb appeal,” says Davis, author of Home Makeovers That Sell.

LOOK CHANGED

But the property proved a disappointing choice for the purchasers, a civil engineer and his homemaker wife.

”Like most people, they had neither the skills nor inclination to maintain the gorgeous gardens and perfect lawn,” Davis says. ‘Also, the worn furniture they hauled in from their apartment didn’t look nearly as good as the sellers’ furniture. After moving in, they were shocked that the house had lost a lot of its ‘wow’ feeling.”

Realtors refer to a home that’s perfectly groomed for sale as a ”creampuff.” They caution buyers against making a snap decision on such a property without further analysis. The risks of buying solely on emotion are that you’ll buy the wrong home, overpay or both.

Here are three tips for prospective homebuyers:

• Look for signs of ‘’staging.” In recent years, an increasing number of home sellers have begun hiring a ”home stager,” someone with a flair for making a property look enticing to potential buyers.

Staging, which typically includes the removal of excess furniture and the rearrangement of remaining items, is widely recommended as a savvy step for home sellers. But advocates for purchasers say they should be careful not to let good staging lure them into buying an unsuitable home.

TELLTALE SIGNS

Merrill Ottwein, a past president of the National Association of Exclusive Buyer Agents, says there are several telltale signs buyers can use to determine if a property has been staged to evoke positive emotional reactions.

”Many times stagers move out much of the kind of furniture real families use — just to make the rooms seem larger than they really are,” he says. “For example, they’ll take out a sofa or loveseat from the living room and replace it with a small armchair.”

• Realize that many ”For Sale” properties are presented free of clutter.

Listing agents are at war with the kind of clutter people routinely accumulate — whether this involves mountains of shoes in a bedroom closet, dozens of bowling trophies in the den, or countertops crowded with gadgets. They know a cluttered home usually sells more slowly and for less money.

There’s nothing wrong with buying a home that’s been de-cluttered. But don’t let the clean, sleek quality of such a property dissuade you from your larger purpose of selecting a property that meets your family’s needs.

• Be realistic about your ability to maintain lush landscaping. First-time buyers, like the civil engineer and his homemaker wife, are the ones most easily swayed by blooming flower beds, carefully clipped bushes and well-pruned trees. That’s because most first-timers live in apartments with little greenery of their own. Novice buyers are also the least likely to appreciate the time demands that yard maintenance can make, according to Davis.

”Beautiful curb appeal is a high-effort endeavor, and few are willing or skilled enough to do all the work involved,” he says.

Of course, those who can’t uphold the standards of the property’s former owners can hire a landscaping firm to do the work. Still, he says anyone expecting to rely on a landscaping service should make sure they can afford it before buying a property with elaborate upkeep requirements.

”Call in a couple of landscapers for estimates on what they’d charge,” Davis says. “Then just assume this cost would be tacked on to your regular monthly house payment. If you can’t manage the upkeep costs on the property, you should back away.”

35   DennisN   2008 Feb 24, 1:26am  

Ralph Nader is an Arab terrorist. He's the very opposite of Ru Paul.

36   DennisN   2008 Feb 24, 1:33am  

www.msnbc.msn.com/id/23319781/ Sorry HK, I didn't at first believe you until I looked it up myself.

Nader is the nadir of American politics.

37   HelloKitty   2008 Feb 24, 2:04am  

Nader is massively massively powerful. Or was. He took Gore's 'ez win' and gave it to bush in 2000. My republican friends used to love him for that. As if Nadar was on GOP payroll. Imagine the alternate history we coulda woulda shoulda had!

38   DennisN   2008 Feb 24, 2:18am  

I'm waiting for McCain to announce at a press conference that he's making a $100 contribution to the Nader campaign. ;)

39   empty houses   2008 Feb 24, 3:05am  

off topic:
check out how Obama voted
http://www.votesmart.org/voting_category.php?can_id=9490&type=category&category=40&go.x=13&go.y=13

Please notice the church he has attended for 20 years, the Trinity Church of Christ (Google), its pastor, Jeremiah Wright and the relationship to Louis Farrakhan. Is this even close to the man we want as the leader of the free world? In the “Capital Contacts”, the directory of our elected officials in D. C. there is a question asked of all elected officials; what is your religious denomination? Instead of stating his religious denomination; Mr. B lists his church “United Church of Christ”; food for thought

40   Peter P   2008 Feb 24, 3:19am  

In other news Nader is running for president!

Excellent! :)

Again, congrats to President McCain.

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