As the Obama administration looks set to propose new mortgage modification legislation, we need to take a closer look at where the focus should be. “Should be” is key here because all indications are say we’re unlikely to get what would actually help. One of the main problems with housing stabilization has been the lack of speedy foreclosures. Government has been principally responsible for this, with foreclosure moratoriums, forced modification programs, and other stall procedures. I’ve documented this many times so I’ll leave commentary to that. One of the newest trends, however, is for banks to delay foreclosure. Observe…
Many borrowers in default stay put as lenders delay evictions
Throughout the country, people continue to default on their home loans — but lenders have backed off on forced evictions, allowing many to remain in their homes, essentially rent-free.
Several factors are driving the trend, industry experts say, including government pressure on banks to modify loans and keep people in their homes.
And with a glut of inventory in places like Southern California’s Inland Empire, Nevada and Arizona, lenders are loath to depress housing prices further by dumping more properties into a weak market.
Finally, allowing borrowers to stay in their homes helps protect the bank’s investment as it negotiates with the homeowners, said Gary Kirshner, a spokesman for Chase bank, a major lender.
“If the person’s in the property, there’s less chance for vandalism, and they’re probably maintaining the house,” he said.
Economists say the situation won’t last forever, but in the meantime the “amnesty” may allow at least some homeowners to regain their financial footing and avoid eviction.
The part getting attention from Barney Frank…
Banks Pressed on Second Mortgages
Pressure is growing on U.S. banks to ease terms for distressed homeowners on home-equity loans and other second-lien mortgages.
Rep. Barney Frank, chairman of the House Financial Services Committee, last week sent a letter to the four biggest U.S. banks demanding “immediate steps to write down second mortgages.”
The Massachusetts Democrat sent the letter to the chief executive officers of Bank of America Corp., Citigroup Inc., J.P. Morgan Chase & Co. and Wells Fargo & Co. Meanwhile, the Obama administration is preparing to launch long-planned initiatives aimed at addressing obstacles to restructuring mortgages.
Rep. Frank said banks’ reluctance to write down second mortgages is hurting efforts to reduce the first-lien mortgage balances of many borrowers who owe farm more on their loans than the current values of their homes. Reducing the mortgage balance typically requires cooperation from both the first- and second-lein holders.
Because such “underwater” borrowers often feel little incentive to keep paying, “homeowners are increasingly deciding to walk away and thus foreclosures continue to mount,” Mr. Frank said.
Many second liens have little value because of the plunge in home prices, Rep. Frank wrote, adding: “Yet because accounting rules allow holders of these seconds to carry the loans at artificially high values, many refuse to acknowledge the losses and write down the loans.”
Mark this one down because it’s rare but I agree with Mr Frank. The absolute lack of accounting standards for banks has allowed this type of behavior to take place. Second lien holders are holding on to worthless claims but manage to avoid writing down these assets. This makes it impossible for the primary lenders to negotiate principal reductions or initiate short sales (which are clearly beneficial to housing stability). The faster these homes return to performing loans or are written down, the faster a true recovery can possibly take place.
I’d take this one step further, however. Although the examples from the first LA Times article don’t apply, I’d be willing to bet a majority of the mortgages in similar situations are seeing foreclosure initiation because banks don’t want to write down those assets either. While non-performing loans do require increase in cash reserves and probably some declaration of asset impairment, I’d bet it’s not to the same degree as what the market foreclosure auction price would dictate.
Even if my suspicions are only a minor factor of foreclosure delays, both FASB and the SEC need to take serious consideration of this situation. It’s no secret that many banks would be insolvent if still marking assets to market. This type of inaction is almost certainly taking place across all different types of assets and should be extremely troubling to investors. As much as Wells Fargo, Citigroup, etc seem to be attractive investments due to their government guarantees, I would never invest a dime until I was fully confident what their balance sheet really looked like. Now that new accounting rules have forced off balance sheet items back on, it will be interesting to see earnings reports over the next quarter.
While I think accounting rules require change, the main topic of this post is to demonstrate exactly why housing cannot stabilize. Obama, Frank & Company need to acknowledge that while modifications should be encouraged, foreclosures and other correction procedures are equally as important. Stall tactics only exasperate the problem and prolong this painful market. While this type of government behavior is nothing new, banks now see the same incentives. These articles are spot on in considering the benefits of homeowner maintenance and keeping a shadow inventory. Add bank inefficiencies and the accounting incentives to the mix and there’s little chance we’ll see bottom any time soon. Almost all recessions end with a strong housing recovery… I just don’t see this in the mix for years to come.