Archive for the ‘Florida Law News’ Category

Obama and the State of the Union — a Political Jekyll and Hyde?

Wednesday, January 25th, 2012

Leading up to the State of the Union, we heard a lot of chatter that a proposed $25 billion settlement with the banks would be a selling point in President Obama’s speech.And maybe it would have been, had President Obama delivered the State of the Union. But clearly the person we saw last night addressing Congress was candidate Obama, who is a very different individual.

The State of the Union, at times, felt more like a stump speech that an address from a sitting president. That’s not necessarily a bad thing.

Obama finally sounded like someone willing to play tough with the banks with his No bailouts, no handouts, and no copouts’ line. Only time will tell if this is a true change in the President’s perspective, or if he’ll go right back to being the same man who handed out bailouts like candy.

We were glad to see Obama acknowledge that Wall Street was playing by its own rules, but he had a hand in allowing them to do so, so we hope he understands if we’re still a bit skeptical.

Right before the State of the Union, the Huffington Post broke the news that New York Attorney General Eric Scheniderman has been named to lead a new Unit on Mortgage Origination and Securitization Abuses, which could be a real game-changer. Like the editorial team at Oppenheim Law, Schneiderman has been a vocal critic of the aforementioned settlement.

He has been very tough on the White House’s foreclosure policies before, so maybe we’ll finally see the accountability and thorough investigation that we’ve been demanding.

And now that it’s being reported that Tim Geithner will likely not stay on if Obama gets a 2nd term, perhaps the President will finally surround himself with people who are not in the banks’ back pocket.

Or for that matter, their front pocket.

Whether Obama ultimately turns out to be a Jekyll or a Hyde, remains to be seen.

 

Will Obama Target Housing Crisis During State Of The Union?

Monday, January 23rd, 2012

President Barack Obama delivers remarks on the economy at Shaker Heights High School,Shaker Heights, Ohio, Jan. 4, 2012. (Official White House Photo by Chuck Kennedy)

We really haven’t seen President Obama insert himself directly into the housing crisis, but there are rumblings that he may do just that during Tuesday’s State of The Union address.

The fact is that is what homeowners have been clamoring for. A new USA TODAY/Gallup Poll found 58% of Americans want the government to do more to help people keep homes.

According to HousingWire, Ohio senator Sherrod Brown told reporters today that there was evidence that Obama would address the robo-signing case which involves several major banks.  A North Carolina congressman even said there were rumours that Obama would announce a settlement, something HUD secretary Shaun Donovan suggested last week was ‘very close’, as we mentioned in our Week In Review on Friday.

For the record, Obama’s press secretary refused to confirm any details, saying only that the President was “focused on the issue of housing”.

Between Dononvan’s comments and the recent white paper sent out by the Federal Reserve, it seems that more and more top government officials are finally realizing how important the housing market is to our economic recovery, not to mention their own political survival.

This is not news to us here at the South Florida Law Blog.

In the Huffington Post last September, Roy Oppenheim called housing the “thousand pound gorilla in the room” in the 2012 election, as many of the states with the highest underwater mortgages, such asFlorida, are also key electoral swing states.  The pressure on Obama to be more aggressive on the banks is growing in Washington, and it’s about time.

In fact without addressing the housing market dead-on, we wonder if the President can be re-elected. The foreclosure crisis has affected too many of his supporters for him not to. His Republican rivals are now starting to address it; he’ll have to as well.

We’ll be watching tomorrow night’s speech, hoping for some specifics.

We’ve said it before and we’ll say it again, banks make lousy neighbors, so Obama needs to evict them, not the homeowners!

The President needs to look at are programs where people can stay in their homes by paying the bank or an investor rent so that pools continue to be cleaned and lawns continue to be maintained. We really want to hear the President address the need for true principal mortgage modification down the road.  Talk about modification to date has been just that, all talk.

The Wall Street Journal today cited several examples that economists believe could get us back on track, such as using local investors to drive the recovery in their own communities. The truth is without real movement from Obama and his administration we will never see housing prices stabilize, and as the Journal stated the ‘overhang of debt’ in the nation’s most troubled housing markets will linger for years.

So Mr. President, what say you?

Florida’s Hardest Hit Program Not Providing Real Relief; Long-term Solutions Needed

Thursday, January 19th, 2012

Back when it debuted last April, we were somewhat skeptical that Florida’s Hardest Hit program could provide real benefits for the people it sought to help.

We called it a band-aid, and at least for some South Florida homeowners, it’s proving to be just that.  The Palm Beach Post profiled several homeowners who were among the first to receive benefits from the program. Sheryl Stuart, a Jupiter homeowner whose business went under, applied for help through the mortgage relief program, and is about to see her payments end next month.  Hardest Hit only entitles qualified homeowners up to six months of mortgage assistance.

Stuart told the Palm Beach Post that even though she’s found a new job, her salary won’t be able to cover her mortgage payment once she stops receiving aid from Hardest Hit. She’s frustrated that she’s about to be right back where she started when she applied for aid in the first place.

“In this economy, to think you can turn your life around in six months is totally ludicrous,” Stuart said in the article,  ”The working class is quickly slipping into a black hole.”

The truth is this program, however well-intentioned it might have been, is just not enough. What Hardest Hit is essentially doing is giving homeowners a nice seafood dinner, when they really need to learn how to fish.

It scratches the surface but for people like Stuart it might just delay the inevitable. Unless you’re giving homeowners a solid two years of payment relief, you’re not giving these people time to go back to school, improve their financial standing, and really turn their lives around.

Hardest Hit is throwing good money after bad, and really, what’s the point of spending all this money if it won’t provide permanent relief?

Not to mention that many homeowners have been rejected by the program, nearly 10,000 according to the Post, for reasons including being over 180 days past due on their mortgage.  So if many aren’t getting the help they need, and those who are getting the relief aren’t feeling a lasting impact, what’s the point?

Spokeswoman Cecka Green told the Post the state is going through uncharted waters with Hardest Hit, and it looks to us like the state wasn’t truly prepared to handle the demand.

“We never really anticipated where we would be at this point since we had not ever before administered a program like this,” Green said.

Helping people make their payments isn’t the answer. We were elated when the Federal Reserve started talking about principal reduction, that’s a much better solution that ultimately has a chance of keeping people in their homes.

If we allowed homeowners facing foreclosure to lease back their properties, that too would have a higher success rate, in our opinion. If we’ve learned nothing else, it’s that banks make the worst neighbors.

Florida’s Hardest Hit was doomed from the get-go, so it’s time to focus on systematic long-term solutions.

Federal Reserve Wake up Call! Finally looking out for the little guy

Wednesday, January 11th, 2012

via Freshome and Mashable

Finally!!!It’s a word that is being bantered about the hallways of Oppenheim Law all too often these days, and thanks to the Fed’s recent comments on the foreclosure crisis, it’s been thrown around at rapid-fire pace these last few days.
Through a 26-page white paper which highlighted the “extraordinary problems plaguing the housing market”, officials at the Federal Reserve have told policymakers on several congressional banking committees that the government must step up and take a more active role in fixing the mess that they themselves have helped create.

Up until now the Fed has kept their fingers out of the housing market, but even they now realize the far-reaching impact the foreclosure crisis is having on the overall economic climate. In the white paper they offer up several suggestions, such as reducing the barriers to converting foreclosed homes into rental properties, and loosening the grip on lending standards in order to help the market recover.

The Fed now wants harsher action from Congress on America’s top lenders, and Governor Sarah Bloom Raskin even told a conference at the Association of American Law Schools that the Fed “must impose penalties for deficiencies that resulted in unsafe and unsound practices.”

It must be time to check our subscriber list to the South Florida Law Blog, because it sure looks like our friends at the Fed are on it!

We’ve suggested for a while now that turning foreclosed homes into rental properties is an obvious and logical step.  For years banks have collected homes like animals in Noah’s Ark, and now it’s time to put this inventory to good use. 60 Minutes showed us what happened when these homes go empty, so why not put good people in these homes! The government may not like the idea of becoming a landlord, but really isn’t it better than the alternative!! This mass inventory of foreclosed homes can be an asset for our government if more of them are rented out, instead of being a detriment.

The Fed has also come to the overdue realization that the banking system just wasn’t prepared to handle the massive upswing in delinquent homeowners they’ve seen in the last few years. In their report they talk about principal reduction as one such way to combat the negative equity many homeowners now have (which is one of the many reason loan modifications have failed to catch on)

In their report the Federal Reserve states that principal reduction can improve “a household’s financial position, and thus increasing its resilience to economic shocks, and by reducing the incentive to engage in “strategic” default”. Well there’s a DUH moment. We don’t see the market stabilization occurring unless the banks offer principal reduction to homeowners. Right now too many homeowners are walking away, and that won’t change unless they are given greater incentive to stay.  The potential impact on the economy could be far reaching if enough homeowners are given the option. It could lead to more stable neighborhoods, more jobs, and the recovery the government has long sought.

It’s nice to see the Fed finally(!) looking out for Joe Homeowner. While the Federal Reserve may have been created to protect Middle America, we all know the Fed has really been about protecting its own, and allowing the banks to essentially bail themselves out. The Fed, as much as they may hesitate to admit it, can’t do their job without the people!


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