CQ TODAY ONLINE NEWS
March 5, 2009 – 8:53 p.m.
House Votes To Let Judges Change Mortgage Terms
By Phil Mattingly, CQ Staff
The House dealt the financial industry a significant blow Thursday, passing a bill that would let bankruptcy judges modify the terms of the mortgages of troubled homeowners.
Lenders fiercely oppose giving judges the power to reduce the principal owed on a primary residence and order other modifications in mortgage terms. The banking industry says such actions would force banks to raise interest rates.
The House passed the bill 234-191, but Democratic leaders had a tough time getting their own members on board, and the legislation (
Senate Republicans unanimously voted against similar legislation last year, and were joined by several Democrats. Some senators have indicated that if the bill gets through their chamber, the provision offering judges the power to change more kinds of mortgages could be narrowed to overcome opposition.
The bill went through considerable negotiation and compromise to get this far.
A group of centrist and conservative Democrats had feared there might be a backlash from constituents already wary of trillions of dollars in bank bailouts.
Speaker Nancy Pelosi , D-Calif., worked with dissidents, and they wrote compromise language that would give bankruptcy judges the option to reduce interest rates before directly cutting the principal of a mortgage. It also would let lenders collect a portion of the profit if a home is sold within four years of a mortgage modification.
“Bankruptcy will remain, as it always has been, a last resort, and modifications will be at the individual discretion of a bankruptcy judge who will determine if a borrower has acted responsibly and if a claim has any merit,” said Alcee L. Hastings , D-Fla.
Republicans, much like the banking industry, complained that by stopping short of mandating that judges consider other options, the bill did nothing to move reductions in principal to the bottom of modification options.
“Meaningful change also would have meant substantially narrowing the class of loans eligible for bankruptcy modification,” said Lamar Smith , R-Texas, the ranking member of the House Judiciary Committee.
The House-passed bill, which incorporates several of the legislative initiatives laid out by the Obama administration in its $75 billion housing plan released in February, would give mortgage servicers that rework mortgages a “safe harbor” from lawsuits if a homeowner defaults on a revised loan or appears likely to default. The legal shield would apply if the servicer believed that modifying a mortgage would produce more revenue than a foreclosure would have.
Some mortgage servicers are reluctant to revise troubled loans without such protection, fearing they could face suits from investors who hold securities that are backed by the mortgages.
The bill also would overhaul the Hope for Homeowners program. That $300 billion program, enacted last summer (PL 110-289) was designed to aid up to 400,000 troubled homeowners.
The House-passed legislation would loosen eligibility requirements for the program, reduce the up-front fee to 2 percent of the purchase price of the property, from 3 percent, and reduce the annual fee to 1 percent from 1.5 percent.
The House bill would permanently increase the limit on deposits insured by the Federal Deposit Insurance Corporation and the National Credit Union Administration to $250,000, and index the limit to inflation starting in 2015. The $700 billion financial bailout law (PL 110-343) increased the limit from $100,000 through December 31, 2009.
The FDIC’s borrowing authority would be boosted to $100 billion from $30 billion and the NCUA’s to $6 billion from $100 million to help the agencies cope with a surge in bank and credit union failures.
While Republicans have criticized the Hope for Homeowners program, easing the eligibility requirements is unlikely to run into much opposition in the Senate. The move to make permanent the deposit insurance increases and the mortgage servicer safe harbor should also garner little opposition.




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