The Coming Cram-down Legislation Battle

On Tuesday, the Helping Families Save Their Homes Act, a bill sponsored by Jon Conyers in the House that would empower judges to write down the principal and interest payments on some mortgages (aka "cram-down legislation"), will finally come up for a vote. The bill had been delayed thanks to effective pressure from the financial services industry on Blue Dog and New Democrats. President Obama and progressive Democrats in Congress support the legislation and in fact it would be central to Obama's plan to help keep more Americans in their homes (watch Brave New Foundation's interview with Conyers for a more complete picture of the bill.)

So, what level of pressure will the Obama administration apply to get this cram-down bill passed in its current form? As Chris Bowers notes, Shaun Donovan will be going directly to the House caucus on Monday.

On Monday, Housing Secretary Shaun Donovan will speak to House Democrats, and make a direct appeal for not narrowing or otherwise watering down the cram-down legislation. The administration does hold a lot of sway with congressional Democrats right now, and is riding high in the polls, so this appeal might just work. Let's hope so.

But the pressure is going to have to come from us as well. To that end, over at FightingForOurHomes, Brave New Foundation is asking that we call our representatives to urge them to support this legislation and that we sign their petition that reads:

Judicial modifications of home mortgages is a modest fix that will prevent hundreds of thousands of families from facing the devastation of foreclosure. This sensible legislation will help working and middle class families stay afloat in challenging times. We urge our elected representatives to stand up for homeowners by supporting H.R. 1106 and its counterpart in the Senate.

The banks have received their bailouts; it's time for working homeowners to be put first.

In addition, tomorrow, MoveOn members in certain districts (with representatives on the fence) should expect an e-mail blast urging them to do the same.

The fact is, as Chris Bowers points out:

In advance of the vote, The Center for Responsible Lending has a useful chart up showing that 800,000 homeowners, or 10% of all American homeowners facing foreclosure, could be saved from foreclosure by "cramdown" legislation. Among the 86 congressional districts represented by either a New Democrat or a Blue Dog, 143,672 homeowners are projected to be saved from foreclosure by cramdown legislation.

Sadly, the pressure on the centrist Dems to, at best, water down this legislation and at worst, kill it, is considerable; it's our job to let those House members know that we're watching and we'll hold them accountable if they side with banks over homeowners.

Check out BNF's brand new video that exposes the corrupt mortgage business and profiles one former homeowner who represents exactly the sort of situation that cram-down legislation was designed to prevent:

Tags: Brave New Foundation, cram-down, home foreclosures (all tags)

Comments

3 Comments

Re: The Coming Cram-down Legislation Battle

You should realize that
   (1) this change has certain logical implications for the willingness of future generations of mortgage lenders to write mortgages,  
   (2) on the bright side, the long-time very stable constant dollar value of an average home will likely be restored to its longer value, meaning that we have seen about 40% of the reasonably expected drop in real estate prices on ending the real estate bubble,
   (3) there are some interesting questions related to the takings clause of the constitution that will undoubtedly avoid unemployment for at least a few attorneys,
   (4) the proposed change is a real loss to someone that is going to come out of someone's pocket.

I'm not saying it's good or bad; I am saying that actions have consequences that may go on for a bit.

by phillies 2009-03-01 06:06PM | 0 recs
Re: The Coming Cram-down Legislation Battle

Re: (1), not the case.  The legislation only affects agreements entered into prior to passage of the bill.  So it should logically have zero effect on the willingness of mortgage brokers to enter into future agreements.

See David Waldman's excellent coverage of the bill:

http://congressmatters.com/storyonly/200 9/2/26/12440/9393/309/710

by Woodhouse 2009-03-01 08:16PM | 0 recs
Re: The Coming Cram-down Legislation Battle

With all respect, the fact that Congress has shown its willingness to tamper with mortgages once -- assuming the changes survive Constitutional challenge -- tends to suggest that they may do so again.  As a result, when Congress says "only affects agreements entered into prior to passage of the bill" most sensible investors will have a response in the vicinity of "yahh, right".

There are good reasons why Uncle Sam can borrow money at low interest, and third world kleptocratic states can borrow money at the same low interest, plus another 10 or 20 percentage points.  Congress just moved mortgages from 'at low interest' to 'third world', and putting the worms back in the can may be difficult.

Mind you, the willingness of mortgage investors to let people borrow 5 or 8 times their yearly income tends to suggest that they are in no way sensible, and will be delighted to believe every word that Congress is putting out there, so you actually do have an excellent case.

by phillies 2009-03-02 01:13PM | 0 recs

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