A Mortgage Crisis Proposal - Please critique
Amongst all the mortgage mess/credit crunch/bank bailout/global recession palaver the condition of the distressed homeowner continues to get short shrift.
This is perhaps because to pay too close attention to this problem is to be reminded of how we got ourselves into this mess. Not just that the meltdown in home values precipitated the current crises, but that the artificially prolonged housing bubble was a main structural prop in our economic house of cards.
We took a real truism - that property values in the
To accomplish this feat our financial wizards invented complex new financial instruments better suited to creating the illusion of wealth than actually creating it. "Masters of the universe", preying upon the almost primal yearning for one's own home, cynically exploited those desires in order to keep the charade going for yet one more round.
And we all joined in.
My main purpose here is to point out that the stretching of a
basic truth beyond recognition does not alter that basic truth; in this
instance, that home values in
The Fed would create a program wherein every resident homeowner who owes more on their home than it is presently worth is given the option to refinance their mortgage at the home's present value, and at a 30 year fixed rate. In return--with an eye toward that eventual price rebound--the homeowner will sacrifice some equity opportunity for a fixed period of time.
The Federal program would require participating banks, mortgage companies, investment banks or packaged securities holders (the bank) to offer the restructure deal to all eligible homeowners who opt to participate. No cherry picking.
The average value of a home in the
The Fed provides banks 2/3 of the difference between the original mortgage and present value; in our example: $66,000. This punishes banks ($34,000 or about 6.5% of their original investment) in a modest but meaningful manner for their irresponsible lending, but enables them to replace a toxic asset with a relatively strong one, as well as providing a jolt of desperately needed liquidity, which when multiplied by most of their eligible mortgages, would significantly add to the banks' health.
The homeowner is relieved of $100,000 in debt, and has the remaining $400,000 put on significantly more affordable terms. In exchange the homeowner signs a 7 year (could be 5 or 10?) "equity note" where he gives up any equity accrued (above $466,000) during that period.
To recoup its money, the Fed packages the notes, and issues
7 year bonds (or some other instrument?) backed by the notes. Investors
worldwide who have confidence that the
The homeowner would not be required to actually refinance the home at the end of the 7 years. The Fed gets repaid when the homeowner eventually sells the home, or when she refinances at some point to free up equity accrued above the amount at the end of the 7 years. Her mortgage remains based on the $400,000 principle until that time. What the Fed will likely do to pay the bonds is just issue some simple interest debt backed by the liens on the participating homes, then pay off that debt as it is paid when the homes sell or refinance.
The 7 year term is a best guess. It is based on the average
My thinking is that there would be a self-fulfilling aspect to this plan; the massive injection of liquidity would spur more housing purchasing, which would in turn raise home values. I would hope that this effect would go a long way toward assuaging the frustrations of those homeowners who do not directly benefit from the plan.
This proposal is meant as a starting place in an attempt to
help out distressed homeowners, put a floor under the housing market, and infuse
a huge amount of liquidity into the credit markets without that infusion coming in the form of more national debt.
I've obviously left out tons of detail, but the general idea is all here. If there
are fundamental flaws in the idea, or any
ideas for improvement, please let me know.
















I think the goals of your plan are good. It's very important to do something that will keep people in their houses. (I don't believe the American Dream can easily sustain the kind of collateral damage that allowing all these people to drop into foreclosure will cause.)
Where you run into trouble is the question of how to get the banks to step away from their existing contracts and offer better deals which will also meet up with our social objective of maintaining some sort of middle class. Everyone in the financial community (and the business community in general) gets pretty worked up when you start to talk about voiding pre-existing contracts.
I've been yakking away for months about a plan which would simply leave the existing mortgages in place but the feds would pay a portion of the mortgage payment each month, directly to the mortgage company. The program would start in the hardest-hit neighborhoods, and the percentage would be calculated by how much housing values have dropped in that neighborhood. (This would be a taxable benefit--so, essentially paying people to stay in their homes.)
It is my sense that starting in the hardest-hit neighborhoods and with mortgages deepest underwater would provide the most benefit the fastest. And that once word got around that some kind of plan was in place that at least acknowledged the existence of ordinary homeowners, the general economic situation would cheer up considerably. I do agree with you that American homeowners are a plucky bunch, and would be willing to take a long-term view about their housing values if the short-term picture could be made a little less bleak.
In short, your plan is solid but I think not doable because of the issue of pre-existing contracts.
I hope others will contribute, not on the question of whether it's right or wrong to do something but on what the actual plan should be.
December 2, 2008 9:34 PM | Reply | Permalink
But what's going to happen with all the mortgages where they got pooled, then chopped up into bonds, then maybe pooled again and chopped up again... so no one quite knows "who" owns the mortgage. It's the slicing and dicing and pooling them that seems to be the hugest problem here, as far as I understand it.
Any ideas, erica? Or Kurt?
December 3, 2008 5:53 PM | Reply | Permalink
The problem isn't as much debt as falling home prices. That's what screws everything up. Home prices fall because new buyers can't afford the mortgage payments on the new home, so the price falls until someone can afford the payment.
So I'd rather see the fedgov offer a limited, but substantial, pool of money for mortgages at 3%. Appraisals up to the value of the original loan would be accepted. You'd have a line at the beginning of each month to get the money, but if you want it, you'd wait in line. This would also force banks down as well, because they need to offer those who miss out on the federal money a reason not to wait and try again next month.
It would protect home values, because the issue in homebuying is usually not price but monthly payment. So your equity would not vanish -- payments would decrease, not prices. The fedgov would still make money. And people woudl have the chance to catch their breath.
I'd put conditions on the loan -- it couldn't be subordinate, or have a second loan attached on top of it. I might make it assumable, but I'm not sure about that. the refi-ing at a low rate is working for some distressed homes that FDIC took over when it took IndyMac, so I think the program has legs. it would cost a lot of money, up front, but 3% is still 3%. And everything is going to cost a lot of money. This way, payments can go down, confidence can go back up.
December 2, 2008 11:29 PM | Reply | Permalink
Thanks for the feedback.
Both ideas are very interesting; I'll have more to say after thinking about them some more.
Erica, can you comment further as to why you think that the banks would be so resistant to the new mortgages? It seems to me that they are getting off the hook rather than giving up something solid.
December 2, 2008 11:52 PM | Reply | Permalink
There are several reasons. Some have to do with the way the contracts are structured, some have to do with reverse incentives.
1. One simple reason banks don't want to give up their deal is that they don't have to. They have a contract with the homeowner which they don't see as being about the house but about the amount of money that they loaned. (I know this might seem overly simplistic, but some of these folks are pretty black and white thinkers.)
2. A second reason is that in many cases, banks can get their money no matter what. For any loan backed, guaranteed or insured by a government-type agency like FNMA or Freddie Mac, the bank can foreclose on a property, collect the entire amount of principal and interest--courtesy of you and me the taxpayer--and in return hand over a house that's worth a fraction of its "guaranteed" value. Nobody's going to make substantial loan mods as long as those guarantees are in place, nor are they going to be willing to give up that guaranteed contract for a replacement one that doesn't feature the guarantee. In other words, it's way more profitable in many cases to foreclose than deal.
3. By bundling mortgages and selling them as securities, the banks implicitly promised (and I don't know the precise language for this) to get the investors in those securities the deal they said they would provide. Changing the terms of the mortgages without the express permission of the securities investors would leave banks open to lawsuits.
I had a conversation today with someone who said this in fact did happen to Countrywide. They got sued by mortgageholders for their practices, so they wrote down principal on a bunch of their bad mortgages. Now they've just been sued by their investors for writing down mortgage principals without permission.
For all these reasons, I think it's not worth it to try to get people out of most of their existing mortgages. Creating a side-deal to help people get them paid down instead would stabilize neighborhoods and stimulate the economy. It could also help achieve some social goals depending on how the contracts are written. (For example, maybe your money is tied to keeping your kids in school, working on behalf of your neighborhood, etc.)
Plus, if you pay people to stay in their houses, it's a pretty simple contract which can be terminated by either party if the agreement isn't useful any more.
I hope that answers your question.
December 3, 2008 1:37 AM | Reply | Permalink
But except in rare cases today, the banks don't own the mortgages! They've sold them to investors or investment banks where they got sliced and diced. If they were held by banks, we'd find it easier to solve this, I think. If so many hadn't been done by independent mortgage brokers, same thing.
Beyond seeing the problem, I simply can't follow the various solutions. Especially if the problem means that it's hard to even see who holds the sliced and diced stuff.
December 3, 2008 5:56 PM | Reply | Permalink