Posts Tagged ‘subprime mortgage crisis’

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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An Open Letter To President Obama

Wednesday, June 13th, 2012
US President

President Barack Obama talks on the phone with Prime Minister Monti of Italy aboard Air Force One, June 6, 2012. (Official White House Photo by Pete Souza)

Dear Mr. President:

As you know historically, since the great depression, refinancing mortgages has been this country’s exit strategy when it comes to pulling us out of the economic ditch.

So it’s nice to see that you are now pushing Congress to pass refinancing reform. It’s the most effective and efficient way to craft a bailout that actually helps everyone.

I’ve seen a number of bailouts which have been structured to save the banks, the bankers, and their bondholders. But never the average Joe.

But the truth is everyone, from the government to the private sector, relies on the consumer to keep the economy going. Saving the banks has so far done nothing to get us out of the economic doldrums.

So your effort to put a few hundred extra dollars in homeowners pockets is certainly a step in the right direction. I sincerely hope this isn’t an election year ploy and a true effort to rev up the U.S.’s economic engine. But you’ve got a long way to go to convince me and the American public that you are serious.

We’ve all heard the speeches, from you and countless other politicians. But what we need now is action.

Since your White House staff is soliciting the public’s opinion on this policy, please allow me to make this direct appeal to you sir.

Continue your focus on the underwater homeowners who are as you like to call them, ‘responsible’. In our efforts to save the ones who have fallen behind, it seems the vast majority of them (9 out of every 10 underwater homeowners are still paying their mortgages) have been forgotten and left out in the cold. You need to do more, much more.
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How Some States Are Spending Foreclosure Settlement Money Is Far From Settling

Friday, May 18th, 2012


States are taking settlement money right from under us!

It’s pretty hard to find a single housing advocate or foreclosure defense attorney, myself included, who didn’t find the national mortgage settlement to be, at the very least, flawed.

It may have been a necessary step to getting the housing market back on track, but we know that it didn’t come close to compensating homeowners who had been illegally kicked out of their homes, and in the end, the banks are getting off remarkably light for their robosigning crimes.

Which is why what a multitude of states are doing with some of the banks money is downright revolting.

At least a dozen states are taking tens of millions of dollars in direct payments from the settlement and treating them like a slush fund.

Let me explain.

Part of the settlement included $2.5 billion that was given outright to the states. Florida took in just over $334 million.

The settlement calls for these dollars to be used to “to avoid preventable foreclosures, to ameliorate the effects of the foreclosure crisis, to enhance law enforcement efforts to prevent and prosecute financial fraud, or unfair or deceptive acts or practices and to compensate the States for costs resulting from the alleged unlawful conduct of the Defendants.”

But much like much of the settlement overall, there is nothing in this language that has any real measure of enforcement. Some states are flat out ignoring these instructions and doing whatever they want with the money they are getting off the backs of good honest homeowners.
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