Posts Tagged ‘banking’

The Hazard of Moral Hazard

Tuesday, January 15th, 2013

Roy Oppenheim’s commentary was originally published on Yahoo Homes! and is being redistributed on South Florida Law Blog with their permission

Businessman walking tightropeThose who cannot learn from history are doomed to repeat it.

We already know that the banks haven’t learned from their mistakes. They can and often will engage in risky behavior given the opportunity.

So why do regulators and those who have the chance to do something about it continue to give banks the wiggle room? Wall Street’s business model is inherently flawed, which is why banks are continually getting hit with hefty fines.

Yet banking lobbyists continue to hold immense clout in shaping regulation that will have a lasting impact on housing for years to come.

The business pages have been littered with headlines lately suggesting that governments still treat the banks like E.F. Hutton. When they talk, regulators still listen; case in point, the Basel Committee on Banking Supervision easing up on certain liquidity requirements in the Basel III rule. There is a great deal of dense technical jargon that will quite frankly bore most of you but the takeaway is this — banks still get their way and will still be able to take as many risks as they want.

Back here in the States, new mortgage lending rules trotted out by the Consumer Financial Protection Bureau are supposed to curtail so-called “liar loans” by requiring a more vigorous income verification process.

Except that those new tougher standards will be eased in over the next few years rather implemented immediately, so for the meanwhile it is business as usual.
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Independent Foreclosure Review: R.I.P.

Thursday, January 10th, 2013

Roy Oppenheim’s commentary was originally published on Yahoo Homes! and is being redistributed on South Florida Law Blog with their permission.

RIP GravestoneThe Independent Foreclosure Reviewis dead. Long live the Independent Foreclosure Review.

When word came out about this so-called “independent” process last year, few bought into it. I certainly never did, and most homeowners knew from the beginning that it lacked any pretense of integrity.

It essentially came out of last year’s $25 billion mortgage settlement, as a way to placate those victimized during the robosigning era. But the banks, if they weren’t in charge, still had their hand in how the program was plotted from the very beginning.

It was never independent, that was the biggest oxymoron if there ever was one. Banks hired the reviewers, who were basically unemployed ex-mortgage brokers; paid the reviewers; in some cases actually provided answers to them.

This program was a contaminated cesspool from the very start. It was unsalvageable, and it was never going to do anything for any true victims of foreclosure.

The whole thing was a hoax.

So as this latest $8.5 billion settlement with 10 of the largest banks and servicers goes public, perhaps the best news is this sham of a review process is going the way of Old Yeller.

The irony of course is that the banks, and not the homeowners, were the ones who pulled the trigger. They realized it was better to throw in the towel now than face their own mistakes.

The mistakes they once told us didn’t exist but in fact were so rampant that these reviews were taking too long and costing too much.
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How Will the Libor Scandal Impact Main Street?

Monday, July 30th, 2012

Roy Oppenheim’s commentary was originally published on Yahoo! Homes and is being republished on South Florida Law Blog with their permission.

Corner of Housing Avenue and Market StreetThe residential real estate market is beginning to show real signs of life.

Home values have posted their first annual increase in nearly five years, acccording to the latest Zillow index, which is a well-respected year-over-year analysis of the sale of similar homes in the same area.

So we may be getting closer to a healthier housing market for the first time since the bubble burst in 2008.

But then the Libor scandal came along and threw a gigantic wrench in the works.

On the surface, Libor might appear to solely be a Wall Street problem.

There is no easy target for the populace to vilify, as there is with the HSBC money laundering investigation. And the damage done by the banks’ apparent attempts to subjugate Libor to their own benefit, at first glance, might appear to be limited to the banks themselves.

Perhaps that is why outrage over Libor hasn’t yet reached critical mass. But make no mistake; the impact of the scandal could be larger than any of the banking scandals that have come before it.

This is very much a Main Street issue. As the investigation continues, we may learn how homeowners were burdened with distorted mortgage rates.

What is Libor?

Libor stands for London Interbank Offered Rate. Simply put, Libor is the rate banks use to charge each other money.

The banks help set it, and it’s basically the starting point for lending rates, including a large percentage of mortgage interest rates here in the United States.
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Eminent Domain: A Foreclosure Fix From The Trenches

Tuesday, July 24th, 2012

Roy Oppenheim’s commentary was originally published on Yahoo! Homes and is being redistributed on South Florida Law Blog with their permission.

Underwater HomesEminent domain, where the government can seize properties without an owner’s consent, is meant to be used for significant public benefit.

Usually when the government takes a home under eminent domain, it is expanding a road or building an airport.

Or it is using it to eradicate blight in urban areas.

But now we have a twist in which it is not the homes themselves but their mortgages that might be seized under eminent domain.

As you may have seen, a company called Mortgage Resolution Partners is suggesting that local municipalities use it to help keep people in their homes.

They are proposing that local governments use eminent domain to pry underwater mortgages away from the banks. MRP says that it would then assist these municipalities by structuring a more equitable loan, which could then be sold back to investors.

The people living in these homes would be allowed to continue to stay in their homes, under the terms of this new mortgage.

It’s a bold idea, one that’s not necessarily new, but one that’s finally getting some attention.

Officials in several counties in California are listening, including San Bernardino County, which is itself in bankruptcy.

And really, shouldn’t they be?

Whether you like this plan or not, and plenty in the real estate community do not, how can you rationally argue that preventing foreclosure isn’t the embodiment of a significant public benefit?

It is what eminent domain was made for.

Here’s the truth about the housing crisis. The solutions to fixing it are not coming from the crystal towers or Washington D.C. They are coming from the trenches, from the minds of entrepreneurs and local officials who actually have a stake in their communities and know what it’s like to go broke.
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