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HomeMy WebLinkAbout29-Council Office ORIGINAL CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Chas Kelley, Councilmember Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY Dept: Council Office OF SAN BERNARDINO SUPPORTING H.R. 5818 AND H.R. 5579 REGARDING Date: 5/12/08 HOUSING STABILIZATION M/CC Meeting Date: 5/19/08 Synopsis of Previous Council Action: 5-6-08 -Legislative Review Committee recommended approval. Recommended Motion: Adopt Resolution. Signature VY Contact person: Chas Kelley Phone: 5188 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) F,iinnance: Council Notes: I I I Agenda Item No. I I I CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report Subiect• Resolution of the Mayor and Common Council of the City of San Bernardino supporting H.R. 5818 AND H.R. 5579 regarding housing stabilization. BacklZround: At the May 6, 2008 meeting of the Legislative Review Committee, Councilmember Kelley brought forward current legislation related to housing stabilization for discussion. Two bills were specifically discussed H.R. 5818 —Neighborhood Stabilization Act of 2008 and H.R. 5579 — Emergency Mortgage Loan Modification Act of 2008. Both bills are part of a comprehensive package of housing legislation. Committee members voted 2-1 (Johnson abstained) to recommend support of H.R. 5818 and H.R. 5579 (attached) to the full Council. Attached is a report from Innovative Federal Strategies, the City's Federal lobbyist, which provides detailed information on the two bills. Additionally, the members from LaRouchePAC were in attendance at the May 6t" meeting wishing to present their own legislation regarding the housing crisis. The resolution they presented at the meeting is also attached for your review. Financial Impact: None. Recommendation: Adopt Resolution. Attachments: ➢ Resolution supporting H.R. 5818 AND H.R. 5579 ➢ Report from Innovative Federal Strategies ➢ H.R. 5818 ➢ H.R. 5579 ➢ Draft Resolution from LaRouchePAC ' COPY 1 RESOLUTION_NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUPPORTING H.R. 5818 AND H.R. 5579 REGARDING HOUSING 3 STABILIZATION 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 WHEREAS, homeownership is the foundation for stable and healthy communities; and 8 WHEREAS, when more citizens own their homes, communities and the local economy are strengthened as homeowners make purchases for their homes and pay property taxes; and 9 WHEREAS, the San Bernardino/Riverside area is.among the top areas in the nation with the 10 highest foreclosure rate; and 11 WHEREAS, foreclosures lead to the detriment of healthy neighborhoods; and 12 WHEREAS, H.R. 5818 and H.R. 5579 are two bills aimed at mitigating the home foreclosure 13 crisis. 14 NOW, THEREFORE, BE IT RESOLVED by the City of San Bernardino that we hereby 15 support the passage of H.R. 5818 - Neighborhood Stabilization Act of 2008 and H.R. 5579 Emergency Mortgage Loan Modification Act of 2008 in an effort to increase the stabilization 16 of housing. 17 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUPPORTING H.R. 5818 AND H.R. 5579 REGARDING HOUSING 2 STABILIZATION 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 4 and Common Council of the City of San Bernardino at a 5 meeting thereof, held on the day of , 2008, by the following 6 vote, to wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 BAXTER 11 BRINKER 12 DERRY 13 KELLEY 14 JOHNSON 15 16 MCCAMMACK 17 18 Rachel G. Clark, City Clerk 19 The foregoing resolution is hereby approved this day of 20 2008. 21 22 Patrick J. Morris, Mayor 23 Ap oved as to Form: City of San Bernardino 24 25 es F. Penman, City Attorney 2 27 28 Innovative Federal Strategies., iComprelicnsive Govemment Relations 1 MEMORANDUM To: Fred Wilson, Teri Baker and Lori Sassoon City of San Bernardino From: Letitia White, Alex Shockey and Amanda King Date: May 13, 2008 Re: Housing Legislative Update At your request, this report will detail H.R. 5818 and H.R. 5579, two housing related bills, for review by the Council. The first bill, H.R. 5818, the Neighborhood Stabilization Act of 2008, was introduced by Congresswoman Maxine Waters (D-CA). It passed the House 239-188 last week (5/8/08) and is now pending in the Senate. The White House has threatened to veto the bill should it come to the President. H.R. 5818 authorizes the Secretary of Housing and Urban Development (HUD) to make $7.5 billion in grants and $7.5 billion in loans available to States with qualified plans to carry out housing stimulus activities. Qualified Plans: States must submit a plan to the Secretary that details their strategy for stimulating the housing market, including prioritizing the allocation of funds to low- and moderate- income neighborhoods with high foreclosure rates and providing preferences for activities that serve the lowest income families and preferences for grant and loan amounts for the acquisition of foreclosed properties. The Secretary must inform states within 30-days of submission whether their plans are approved or disapproved. If the Secretary fails to inform states within 30-days, the plan is considered approved. Eligible Housing Stimulus Activities: The bill allows loans to be used to finance the purchase of foreclosed housing for resale or rental and to rehabilitate foreclosed housing for the purpose of resale. Grants can be used only for holding and operating foreclosed housing, costs related to property acquisition, administrative costs, planning costs, housing rehabilitation, and for the demolition of unsafe or deteriorated foreclosed housing. Loan Program: The Secretary is authorized to make zero-interest, non-recourse loans to states, counties, and cities. The bill also allows loan recipients to be eligible for repeat loans if the entity has repaid at least 90 percent of its original loan amount. In addition, the loan program sunsets 48-months after the enactment of this legislation. Suite 800.525 Ninth Street,NW 9 Washington, DC 20004 9 202-347-5990.Fax 202-347-5941 Innovative Federal Strategies LLC Grant Program: The Secretary is authorized to make grants to help states cover the cost of purchasing foreclosed properties. Grants are expressly prohibited from being used for political activities, advocacy, lobbying, counseling services, travel expenses, and preparing or providing advice for tax returns. Public Housing: The bill prohibits the demolition of public housing units. Support: The National Governors Association, the U.S. Conference of Mayors, National Association of Counties, National Association of Local Housing Finance Agencies, and the National Council of State Housing Agencies all support the stimulus that this legislation would provide. H.R. 5818 is also endorsed by a wide range of civil rights, community development, labor, and low income housing groups, including the AFL-CIO, AFSCME, Catholic Charities, Habitat for Humanity, the NAACP, the National Urban League, the National Low Income Housing Coalition, and 17 national organizations comprising the National Foreclosure Prevention and Neighborhood Stabilization Task Force. In a press release, Congresswoman Waters said the following about her legislation, "To understand the urgent need to enact this legislation, you just need to visit—as I have— communities like Cleveland, Detroit, or the San Bernardino and Stockton metropolitan areas in California, where block after block is dotted by foreclosed properties, many of them suffering from neglect or actual vandalism. These abandoned and foreclosed properties drag down the value of the homes still occupied by working families, contribute to a cascade effect whereby plummeting home prices erode the tax base of state and local governments and harm real estate related industries such as the construction trades." H.R. 5579, the Emergency Mortgage Loan Modification Act of 2008, was introduced by Congressman Michael Castle (R-DE). H.R. 5579 passed the House of Representatives 266-154 last week (5/8/08) as part of an amendment to a larger housing package called H.R. 3221, the American Housing Rescue and Foreclosure Prevention Act. H.R. 3221 is now moving to conference committee with the Senate-passed housing stimulus bill. While many parts of H.R. 3221 do enjoy bi-partisan support, the President has threatened to veto the legislation. H.R. 5579 establishes a standard for loan modifications or workout plans for pools of certain residential mortgage loans. It would protect mortgage servicers from legal liability if they perform loan modifications according to specific criteria established under the legislation. The Congressional Budget Office estimates that enacting this legislation would have no significant impact on the federal budget and would not affect direct spending or revenues. Residential mortgages are often pooled together and sold to investors as securities. The pools of loans are overseen by mortgage servicers, who have a fiduciary responsibility to maximize returns to the investors. Many pooling and servicing agreements give servicers authority to modify the terms of securitized loans if that action is in the interest of maximizing the value of the loan pool, but some agreements are more restrictive. Pooling and servicing agreements can be amended with the consent of investors. However, not all investors in mortgage-backed securities share losses equally, which may limit servicers' ability to obtain permission to modify Innovative Federal Strategies LL the terms of loans to ensure maximum value for all investors. H.R. 5579 would provide legal protection for servicers of mortgage pools when they modify mortgages. servicer Duty of Care: The servicer duty provisions are intended to provide a measure of clarity and certainty to servicers by codifying concepts that are consistent with existing contractual obligations. The legislation snakes clear that, absent any contractual provisions to the contrary, the duty of the servicer to maximize, or not adversely affect, the recovery of proceeds from pooled mortgage loans is owed for the benefit of investors in the aggregate, and not to any individual investor or group of investors. This clarification is intended to reduce servicer concerns about liability to investors in securitization tranches that may be disadvantaged by a servicer's loss mitigation actions. The legislation also clarifies that, absent contrary contractual provisions, a servicer is acting in the best interest of all investors if it implements a modification or workout plan or engages in other loss mitigation efforts, including accepting a short payment or short sale, for a loan that is in default or for which default is imminent or reasonably foreseeable, to the extent the servicer reasonably believes the modification will maximize the net present value to be realized on the loan, including over that which would be realized through foreclosure. These changes are intended to clear the way for servicers to initiate long-term sustainable loan modifications that will be a benefit to all parties. Safe Harbor: The legislation provides a safe harbor from lawsuits by investors for servicers that meet their prescribed duties, and enter into 'qualified loan modification or workout plans.' 'Qualified loan modification or workout plan' is defined as a plan that: (1) remains in place for at least five years. unless the borrower sells the property or refinances the loan during that time; (2) includes repayment schedules that do not result in negative amortization; and (3) does not require the borrower to pay additional points and fees. These conditions are intended to result in long- term, sustainable and affordable mortgage obligations for homeowners and a continued stream of income for investors. The safe harbor would apply only to owner-occupied residential mortgage - loans, and only to qualified modifications or workout plans initiated prior to January 1, 2011. The legislation would provide a safe harbor only from investor lawsuits and only for loan modification or workout plans having the specified characteristics. The legislation's intent is not to affect the ability of consumers or borrowers to pursue claims against lenders or servicers for fraud or for discriminatory or abusive lending practices. Please feel free to call us with any questions. I 110TH CONGRESS He Re 5818 2D SESSION To authorize the Secretary of Housing and Urban Development to make loans to States to acquire foreclosed housing and to make grants to States for related costs. IN THE HOUSE OF REPRESENTATIVES APRIL, 16, 2008 Ms. WATERS (for herself, Mr. FRANK of Massachusetts, Mrs. MALONEY of New York, Mr. WATT, Mr. MAHONEY of Florida, Ms. VELAZQTTEZ, Mr. AL GREEN of Texas, Mr. GUTIERREZ, Mr. LYNCH, Mr. CARSON, Mr. ELLISON, and Mr. CLAY) introduced the following bill; which was referred to the Committee on Financial Sen ices A BILL To authorize the Secretary of Housing and Urban Develop- ment to make loans to States to acquire foreclosed hous- ing and to make grants to States for related costs. 1 Be it enacted by the Senate and House of Representa- 2 tines of the United States of Amm ica in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Neighborhood Sta- 5 bilization Act of 2008". 6 SEC. 2. CONGRESSIONAL PURPOSES. 7 The purposes of this Act are- 2 1 (1) to establish a loan and grant program ad- 2 ministered by the Department of Housing and 3 Urban Development to help States purchase and re- 4 habilitate owner-vacated, foreclosed homes with the 5 goal of stabilizing and occupying them as soon as 6 possible, either through resale or rental to qualified 7 families; s 8 (2) to distribute these loans and grants to areas 9 with the highest foreclosure levels; 10 (3) to provide incentives for States to use the 11 fiends to stabilize as many properties as possible; 12 and 13 (4) to provide housing for low- and moderate- 14 income families, especially those that have lost 15 homes to foreclosure. 16 SEC. 3. LOANS AND GRANTS TO STATES. 17 The Secretary of Housing and Urban Development 18 shall, subject to the availability of amounts under section 19 12, snake grants undcr section 5(a) to qualified States and 20 make loans under section 6 in accordance with the ap- 21 proved plans of qualified States, for use to carry out eligi- 22 ble housing stimulus activities under section 7. 23 SEC.4. QUALIFIED PLAINS. 24 (a) IN GENEKAL.—The Seeretaly may make a grant 25 under this Act only to a State, and may allocate a loan -HR 5818 1H 3 1 authority amount under this Act, only for a State, that 2 has submitted to the Secretary a plan that ineets the re- 3 quirements under this section and has been approved 4 under this section. 5 (b) CONTENTS.—A plan under this section for a 6 State shall- 7 (1) designate a State housing finance agency, 8 or other agency, department, or entity of the State, 9 or any other designee, as the State administrator to 10 act on behalf of the State for purposes of this Act; 11 (2) describe the housing stim-ulus activities 12 under section 7 to be carried out with assistance 13 under this Act for the State by the entities identified 14 pursuant to paragraph (1) of this subsection; 15 (3) describe how such activities will help restore 16 or improve the viability of neighborhoods by pro- 17 viding for purchase or oecupancj, of qualified fore- 18 closed properties as soon as practicable and in a 19 manner that will facilitate repayment of the loans 20 provided under this Act for carrlring out such aetivi- 21 ties; 22 (4) set forth the procedures that the State IV]11 23 use to allocate grant and loan amounts and monitor 24 for compliance with the requirements of section 7; *HR 5818 IH 4 1 (5) provide that grant and loan amounts pro- 2 vided under this Act for the State will be used only 3 for eligible housing stimulus activities under section 4 7 that are eligible under such section for assistance 5 with grant or loan amounts, as applicable; 6 (6) provide preference for activities that serve 7 the lowest income families, who otherwise meet the 8 income requirements under section 7, for the longest 9 period and homeowners, who otherwise meet such in- 10 come requirements, whose mortgages have been fore- 11 closed; 12 (7) describe any other preferences the State 13 may establish, such as housing for school teachers, 14 veterans, workforce, or homeless persons; 15 (8) provide for obligation and outlay of grant 16 amounts, and for loan commitments and disburse- 17 anent, in accordance with the requirements under 18 section 9; and 19 (9) in the case of any grant or loan amounts, 20 that will be invested -with the possibility of a return 21 on investment, provide for use of any return on such 22 investment only for one or more eligible housing 23 stimulus activities under section 7. 24 (c) SUBMISSION.— -HR 5818 1FI 5 1 (1) IN GENERA,.—The Secretary shall proN ide 2 for States to submit plans under this section to the 3 Secretary and shall establish requirements for the 4 contents and form of such plans. Except in the case 5 of plan resubmitted pursuant to subsection (d)(3), 6 the Secretary may not accept or consider a plan un- 7 less the plan is submitted to the Secretary before the 8 expiration of the 30-day period beginning upon the 9 date of the enactment of this Act. 10 (2) PUBLIC APPROV AL.—A State may not sub- 11 wit a plan to the Secretary unless the plan is ap- 12 proved by the governor of the State after a public 13 hearing on the plan held pursuant to reasonable 14 public notice. 15 (d) REVIEW AND APPROVAL.- 16 (1) TrMING.—The Secretary shall review, and 17 approve or disapprove, each plan submitted or resub- 18 witted pursuant to paragraph (3) in compliance «6th 19 the requirements established under this section be- 20 fore the expiration of the 15-day period beginning 21 upon the submission of the plan. If the Secretary 22 does not approve or disapprove a plan that is sub- 23 rnitted or resubmitted in accordance With the re- 24 quirements under this section before the expiration 25 of such 15-day period and notify the State of such *HR 5818 rH 6 1 approval or disapproval, the plan shall be considered 2 approved for purposes of this section. 3 (2) STANDARD FOR DISAPPROVAL.—The See- 4 retail, may disapprove a plan only if the plan fails 5 to comply with the requirements of this Act. 6 (3) RESUBMISSION.—If the Secretary dis- 7 approves the plan of a State, the Secretary shall 8 submit to the State the reasons for the disapproval, 9 and the State may, during the 15-day period that 10 begins upon notification of such disapproval and the 11 reasons for such disapproval, submit to the See- 12 retail, a revised plan for revieiv and approval in ac- 13 cordance with this subsection. 14 SEC. 5.ALLOCATION OF AMOUNTS. 15 (a) GRA_ TS.—From the total amount made available 16 under section 12(a) for grants under this Act, the Sec- 17 retary shall make a grant to each qualified State in the 18 grant amount determined under subsection (e) of this sec- 19 tion for the qualified State. 20 (b) LOANS.—From the aggregate amount of author- 21 ity for the outstanding principal balance of loans made 22 under this Act pursuant to section 12(b)(1), the Secretary 23 shall allocate such authority for loans under this Act for 24 each qualified State in the loan authority amount deter- -HR 5818 1H 7 1 ruined under subsection (c) of this section for the qualified 2 State. 3 (C) GRANT AMOUNTS AND LOAN AUTHORITY 4 AmOITNTS.—The grant amount or loan authority amount 5 for a qualified State shall be the foreclosure grant share 6 or foreclosure loan share, respectively, for the State deter- 7 mined under subsection (d), as such share is adjusted in 8 accordance with an index established or selected by the I 9 Secretary to account for differences between qualified 10 States in the median price of single family housing in such 11 States. 12 (d) FORECLOSURE SHARES.—For purposes of this 13 section: 14 (1) GRANT sHAR.E.—The foreclosure grant 15 share for a qualified State shall be the amount that 16 bears the same ratio to the total amount made avail- 17 able under section 12(a) as the number of fore- 18 closures on mortgages for single family housing oc- 19 cuii-ing in such State during the most recently eom- 20 pleted four calendar quarters for which such infor- 21 oration is available, as determined by the Secretary, 22 bears to the aggregate number of such foreclosures 23 occurring in all (lualified States during such cal- 24 endar quarters. -HR 5818 IH 1 (2) LOAN SHARE.—The foreclosure loan share 2 for a qualified State shall be the amount that hears 3 the same ratio to the aggregate amount of the prin- 4 cipal balance of loans that may be outstanding at 5 any time under this Act pursuant to section 12(b)(1) 6 as the number of foreclosures on mortgages for sin- 7 gle family housing occurring in such State during 8 the most recently completed four calendar quarters 9 for which such information is available, as deter- 10 mined by the Secretaij�, bears to the aggregate num- 11 ber of such foreclosures occurring in all qualified 12 States during such calendar quarters. 13 (e) DISTRIBUTION OF FULL A-moUNT.—The Sec- 14 retaly shall establish the index referred to in subsection 15 (c) and the grant and loan authority amounts for the 16 qualified States in a manner that provides that- 17 (1) the aggregate of the grant amounts for all 18 qualified States is equal to the total amount made 19 available under section 12(a); and 20 (2) the aggregate of the loan authority amounts 21 for all qualified States is equal to the aggregate 22 amount of authority for the outstanding principal 23 balance of all loans made under this Act pursuant 24 to section 12(b)(1). -HR 5818 111 9 1 (f) REQUIRE:IIENT TO ALLOCATE TO QUALIFIED 2 METROPOLITAN CITIES.—Of any grant amounts and loan 3 authority amounts allocated pursuant to this section for 4 a State, such State shall allocate for each qualified metro- 5 politan city located in such State a portion of such grant 6 amounts and such loan authority amounts that bears the 7 same ratio to such grant amounts and loan authority 8 amounts, respectively, allocated for the State as the num- 9 ber of foreclosures on mortgages for single family housing 10 occurring in such qualified metropolitan city during the 11 most recently completed four calendar quarters for which 12 such information is available, as determined by the See- 13 rctan7, bears to the a •e ate number of such foreclosures gg g 14 occurring in the State during such calendar quarters. A 15 State may adjust such allocation to account for differences 16 between median single family housing prices in the State 17 and in qualified metropolitan cities in the State. 18 SEC.G. LOANS. 19 (a) REQUIREMENT OF LOAN AUTHORITY AMOUNT.- 20 The Secretary may make a loan under this Act for use 21 in a qualified State only to the extent and in such amounts 22 that loan authority amounts for such State are available. 23 (b) REVOLVING AvAILABILITY OF LOAN AUTHORITY 24 AMOUNT.—The loan authority amount allocated for each 25 qualified State shall- -HR 5818 1H 1.0 1 (1) upon the Secretan entering into a binding 2 commitment to make a loan under this Act for use 3 in such State, be decreased ley the amount of the 4 principal obligation of such loan; and 5 (2) upon the repayment to the Secretary 1117 any 6 borrower of any principal amounts borrowed under 7 a loan this Act for use in such State, be increased 8 by the amount of principal repaid. 9 (c) ASSISTED ENTITIES.—The loan authority amount 10 of a qualified State may be used under section 7(a) to 11 provide a loan for the purchase or finance the purchase 12 of qualified foreclosed housing by- 13 (1) the State; 14 (2) a unit of local govermiient or a local govern- 15 mental entity; or 16 (3) a nonprofit organization. 17 (d) LOAN TERMS.—Each loan provided under this 18 Act from the loan authority amount of a qualified State 19 shall- 20 (1) bear no interest; 21 (2) have a term to maturity of- 22 (A) 2 years, in the case of any loan made 23 to purchase or finance the purchase of qualified 24 foreclosed housing for use under section 7(a)(1) 25 for homeommership; and *HR 5818 IFI 11 I (B) 5 years, in the case of any loan made 2 to purchase or finance the purchase of qualified 3 foreclosed housing for use under section 7(a)(2) 4 for rental; 5 (3) not provide for amortization of the principal 6 obligation of the loan during such term; 7 (4) require payment of the original principal ob- 8 ligation under the loan only upon the expiration of 9 the term of the loan; and 10 (5) have such other terms and conditions as the 11 Secretary may provide. 12 (e) PROCEDURE.—Upon a request, by a State admin- 13 istrator, for a loan under this Act from the loan authority 14 amount of the qualified State for which such adminis- 15 trator acts, the Secretary shall enter into a loan agreement 16 as the Secretary determines appropriate with the borrower 17 under the loan and shall disburse the loan amount in ac- 18 cordance with such terms, subject only to the absence of 19 sufficient loan authority amount for the State. 20 (f) ELIGIBILITY FOR REPEAT LENDING.—A loan 21 under this Act may be made to an entity that has pre- 22 viously borrowed amounts under a loan under this Act 23 only if such entity has repaid 95 percent or more of the 24 amounts due, including principal and interest, under all 25 previous such loans. •HR 5818 1H 12 1 (g) SUNSET.—The Secretan- maS- not enter into any 2 commitment to make a loan under this Act, or make any 3 such loan, after the expiration of the 24-month period be- 4 ginning on the date of the enactment of this Act. 5 SEC. 7. ELIGIBLE HOUSING STIMULUS ACTIVITIES. 6 (a) LOAN AMOUNTS.Amounts provided under a 7 loan under this Act for a qualified State shall be used, 8 in accordance with the approved plan of such State, only 9 for the following activities: 10 (1) HOMEOWNERSHIP HOUSING PROVISION.- 11 To purchase or finance the purchase of qualified 12 foreclosed housing for resale as housing for home- 13 ownership to families having incomes that do not ex- 14 teed 140 percent of the median income for the area 15 in which the housing is located. 16 (2) RENTAL HOUSING PROVISION.—To pur- 17 chase or finance the purchase of qualified foreclosed 18 housing for use only as rental housing, subject to 19 the following requirements: 20 (A) QUALIFIED TENANTS.—All dwelling 21 units in the housing purchased or financed 22 using any loan amounts shall be available for 23 rental only by families whose incomes do not 24 exceed 100 percent of the median income for 25 the area in which the housing is located. -RR 5818 rH 13 1 (B) RENTS.—Rents for each dwelling unit 2 in the housing purchase or financed using any 3 loan amounts shall be established at amounts 4 that do not exceed market rents for comparable 5 dwelling units located in the area in which the 6 housing is located and in accordance with such 7 requirements as the Secretary shall establish to 8 ensure that rents are established in a fair, ob- 9 jective, and arms-length manner. 10 (3) HOUSING REHABILITATION.—To rehabili- 11 tate qualified foreclosed housing acquired with as- 12 sistance provided pursuant to this subsection, to the 13 extent necessary to comply with applicable laws, 14 codes, and other requirements relating to housing 15 safety, quality, and habitability, for the purpose of 16. reselling the housing, to the extent possible, during 17 the 3-month period that begins upon completion of 18 rehabilitation and at a price that is as close as pos- 19 sible to the acquisition price of the housing. 20 (b) GRANT AMOUNTS.—Grant amounts provided 21 under this Act to a qualified State shall be used, in accord- 22 ance with the approved plan of such State, only for the 23 following activities: 24 (1) OPERATING AND HOLDING COSTS.—For 25 costs of holding and operating qualified foreclosed -HR 5818 1H 14 1 housing acquired pursuant to subsection (a), includ- 2 ing costs of management, taxes, handling, insurance, 3 and other related costs. 4 (2) COSTS RELATING TO PROPERTY ACQUISI- 5 TION.—For costs relating to acquisition of qualified 6 foreclosed housing pursuant to subsection (a), in- 7 eluding reasonable closing costs. 8 (3) ADMINISTRATIVE COSTS.—For adrninistra- 9 tive and planning costs of the State in administering 10 loan authority amounts and grant amounts under 11 this Act, except that the amount of grant amounts 12 provided under this Act to a State that may be used 13 under this paragraph shall not exceed the amount 14 equal to 4 percent of the stun of the grants amounts 15 provided to the State pursuant to section 5(a) and 16 the loan authority amount allocated to the State 17 pursuant to section 5(b). 18 (c) PROHIBITED Uus.—Thc Secretary shall, by reg- 19 ulation, set forth prohibited uses of grant or loan amounts 20 under this Act, which shall include use for- 21 (1) political acth ities; 22 (2) advocacy; 23 (3) lobbying, whether directly or through other 24 parties; 25 (4) counseling ser i iees; •HR 5818 1A 15 - 1 (5) travel expenses; and 2 (6) preparing or providing advice on tax re- 3 turns. 4 (d) INCOME TARGETING REQL1IREMENT.- 5 (1) VERY LOW-IN COME FAMILIES.—Not less 6 than 50 percent of the total grant amounts a State 7 or qualified metropolitan city makes available under 8 this Act sliall be used for activities under subsection 9 (b) in connection vith providing housing for families 10 whose incomes do not exceed 50 percent of the me- 11 than income for the area in which the housing is lo- 12 cated. 13 (2) EXTREMELY LOW-INCOME FAMILIES.—Not 14 less than 50 percent of the total grant amounts a 15 State or qualified metropolitan city makes available 16 under paragraph (1) shall be used for activities 17 under subsection (b) in connection with providing 18 housing for families whose incomes do not exceed 30 19 percent of the median income for the area in which 20 the housing is located. 21 (3) WAI«R.—The Secretary may waive the re- 22 quirement under paragraph (2) with respect to a 23 State or qualified metropolitan city if such State or 24 city demonstrates to the satisfaction of the Secretary -HR 5818 IH 16 1 that it has attempted to, but can riot comply with, 2 such requirement. 3 (e) SECURITY.—The Secretary shall retain a lien on 4 any qualified foreclosed housing purchased or financed 5 with a loan under this section in the amount of the prin- 6 cipal obligation tinder the loan and interest due under the 7 loan. 8 (f) QUALIFIED HOMEOWNERS.—This Act may not be 9 construed to prevent the resale of qualified foreclosed 10 housing to a prior owner or occupant of such housing who 11 meets the income requirements of this Act. 12 (g) VOI?CHER NONDISCRIMINATION.—A recipient of 13 amounts from a loan or grant under this Act may not 14 refuse to lease a dwelling unit in housing assisted with 15 any such loan or grant amounts to a holder of a voucher 16 or certificate of eligibility under section 8 of the United 17 States Housing Act of 1937 (42 U.S.C. 1437f) because 18 of the status of the prospective tenant as such a holder. 19 (h) EFFECT OF FORECLOSURE ON PREEXISTING 20 LEASE.- 21 (1) IN GENERAL.—In the case of any fore- 22 closure on any dwelling or residential real property 23 acquired with any amounts made available under 24 this Act, any successor in interest in such property -HR 5818 IH 17 - - 1 pursuant to the foreclosure shall assuine such inter- 2 est subject to- 3 (A) the provision, by the successor in inter- 4 est, of a notice to vacate to an), bona fide ten- 5 ant at least 90 days before the effective date of 6 the notice to vacate; and 7 (B) the rights of any bona fide tenant, as 8 of the date of such notice of foreclosure--- 9 (i) under an., bona fide lease entered 10 into before the notice of foreclosure to oc- 11 cup.)- the premises until the end of the re- 12 i-naining term of the lease or the end of the 13 6-month eriod beginning on the date of p � g 14 the notice of foreclosure, whichever occurs 15 first, subject to the receipt by the tenant 16 of the 90-day notice under subparagraph 17 (A); or 18 (ii) without a lease or with a lease ter- 19 minable at will under State law, subject to 20 the receipt by the tenant of the 90-day, no- 21 tice under subparagraph (A), except that 22 nothing under this subparagraph shall af- 23 feet the requirements for termination of 24 any federally subsidized tenancy. •HR 5818 IH 1� 1 (2) BONA FIDE LEASE OR TE\A_\CF.—For pur- 2 poses of this section, a lease or tenancy shall be con- 3 sidered bona fide only if- 4 (A) the mortgagor under the contract is 5 not the tenant; 6 (B) the lease or tenancy was the result of 7 an aims-length transaction; or 8 (C) the lease or tenancy- requires the re- 9 ceipt of rent that is not substantially less than 10 fair market rent for the property. 11 SEC. 8. SHARED APPRECIATION AGREEMENT. 12 Notwithstanding any other provision of this Act, no 13 amounts from a loan or grant, under this Act may be used 14 under section 7 for any qualified foreclosed housing unless 15 such binding agreements are entered into, in accordance 16 m ith such requirements as the Secretaij7 shall establish, 17 that ensure that the Federal Government shall, upon any 18 sale or disposition of the qualified foreclosed housing by 19 the owner who acquires the housing pursuant to assistance 20 under this Act, receive an amount equal to 20 percent of 21 the difference between the net proceeds from such sale or 22 disposition and the cost of such acquisition of the housing 23 pursuant to assistance under this Act, after deductions for 24 expenditures paid or incurred after the date of such acqui- 25 sition that are properly chargeable to capital account •HR 5818 IH ......�_..__ _____.- Ili.f�`l'�illI�lilliY.YY1•IY.rYPi➢G9YfM Y�yyy.. 19 i (mrithin the meaning of section 1016 of the Internal Rev- 2 enue Code of 1986) mrith respect to such housing. 3 SEC. 9. SPENDING REQUIREMENTS. 4 (a) IN GENERAL.—Each qualified State that receives 5 a grant under this Act or is allocated loan authority 6 ainomits under this Act pursuant to section 5(b) shall- 7 (1) commence obligation of such grant amounts 8 and commitment of such loan authority amounts not 9 later than the expiration of the 45-day period that 10 begins upon approval of the approved plan of State; 11 (2) obligate all such grant amounts and enter 12 into commitments for all such loan authority 13 amounts not later than the expiration of the 180-day 14 period beginning upon such approval; and 15 (3) except as provided in subsection (b), outlay 16 all such grant amounts and disburse all such loan 17 authority amounts not later than the 12-month pe- 18 rind that begins upon such approval. 19 This subsection shall not apply to loan authority amounts 20 of a qualified State attributable, pursuant to section 21 6(b)(2), to repayment of principal amounts of loans under 22 this Act. 23 (b) EXCEPTION TO SPENDING REQUIREMENT.—If a 24 State in good faith makes a request, in the plan submitted 25 to the Secretary pursuant to section 4 or other•Arise after -HR 5818 1H 20 - 1 approval of such plan, for extension of the period referred 2 -to in paragraph (1), (2), or (3) of subsection (a) of this 3 section, the Secretary may extend the period for not more 4 than 3 months. 5 SEC. 10. ACCOUNTABILITY. 6 (a) REPORTING.—Each qualified State that receives 7 a grant or allocation of loan authority amount under this 8 Act shall submit a report to the Secretar3-, not later than 9 the expiration of the 12-month period beginning upon the 10 approval of the qualified plan by the Secretary, regarding 11 use of such amounts which shall contain such information 12 as the Secretary shall require. 13 (b) MISUSE OF AMOUNTS.—If the Secretary deter- 14 mines that any amounts from a grant or loan under this 15 Act for a qualified State has been used in a manner that 16 is materially.in violation of this Act, any regulations issued 17 under this Act, or any requirements or conditions under 18 which such amounts were provided, the Secretary shall re- 19 quire the State to reimburse the Treasury of the United 20 States in the amount of any such misused funds. 21 SEC. 11. DEFINITIONS. 22 For purposes of this Act, the following definitions 23 shall apply: -HR 5818 1H 21 1 (1) APPROVED PI.A'\%—The term "approved 2 plan" means a plan of a State that has been ap- 3 proved pursuant to section 4. 4 (2) COVERED MULTIFAMILY HOUSING.—The 5 term "covered multifamily housing" means a resi- 6 dential structure that— I 7 (A) consists of 20 or fewer dwelling units; 8 and 9 (B) is predominantly vacant. 10 (3) LOAN AUTHORITY AMOUNT.—The term 11 "loan authority amount" means, with respect to a 12 qualified State, the amount of loan authority avail- 13 able pursuant to section 12(b)(1) that is allocated 14 for the State pursuant to section 5(b), as such 15 amount may be increased or decreased pursuant to 16 section 6(b). 17 (4) NONPROFIT ORGANIZATION.—The term 18 "nonprofit organization" has the meaning given 19 such term in section 104 of the Cranston-Gonzalez 20 National Affordable Housing Act (42 U.S.C. 21 12704). 22 (5) QUALIFIED FORECLOSED HOUSING.—The 23 term "qualified foreclosed housing" means housing 24 that- -HR 5818 1H 22 1 (A)(i) is single family housing that is not 2 occupied or vacated by an owner, pursuant to 3 foreclosure or assignment of the mortgage on 4 the housing or forfeiture of the housing; or 5 (ii) is covered multifamily housing; 6 (B) is owned by a lender, mortgage com- 7 pany, investor, financial institution, or other 8 such entity, or any government entity, pursuant 9 to foreclosure or assignment of the mortgage on 10 the housing or forfeiture of the housing; and 11 (C) has a purchase price— 12 (i) in the case of single family hous- 13 ing, that does not exceed 90 percent of the 14 average purchase In for single family 15 housing in the area in which the housing 16 is located, as determined by the Secretary. 17 (ii) in the case of covered multifamily 18 housing, that does not exceed the dollar 19 amount limitation, for housing of the ap- 20 plicable size located in the area in which 21 the housing is located, on the amount of a 22 principal obligation of a mortgage eligible 23 for insurance under section 207 of the Na- 24 tional Housing Act (12 U.S.C. 1713), as in 25 effect on the date of the enactment of this *HR 5818 IH 23 1 Act pursuant to such section 207(c)(3)(A) 2 and section 206A of such Act (12 U.S.C. 3 1712a). 4 (6) QUALIFIED METROPOLITAN CITY.—The 5 term "qualified metropolitan city" means an incor- 6 porated place that is among the 25 most populous I7 incorporated places in the United States, as deter- 8 mined according to data from the most recent decen- 9 nial census that is published before the date of the 10 enactment of this Act. 11 (7) QUALIFIED STATE.—The term "qualified 12 State" means a State for which there is an approved 13 plan. 14 (8) SECRETARY.—The term "Secretary" means 15 the Secretary of Housing and Urban Development. 16 (9) SINGLE FAMILY HOUSING.—The term "sin- 17 gle family housing" means a residential structure 18 consisting of from one to four dwelling units. 19 (10) STATE.—The term "State" means any 20 State of the United States, the District of Columbia, 21 the Commonwealth of Puerto Rico, the Common- 22 wealth of the Northern Mariana Islands, Guam, the 23 Virgin Islands, American Samoa, and other territory 24 or possession of the United States. -HR 5818 1H 24 1 (11) STATE ADX1INISTR kTOR.—Tlie terns "State 2 administrator" means the entity of a qualified State 3 that is designated, pursuant to section 4(b)(1), in 4 the approved plan of the State to act for the State 5 for purposes of this Act. 6 SEC. 12. FUNDING. 7 (a) GRANTS.—There is authorized to be appropriated 8 to the Secretary of the Treasury $7,500,000,000 for 9 grants under this Act. 10 (b) DIRECT LoANs.— 11 (1) LOAN COMMITMENT AUTHORITY LIMITA- 12 TION.—Subject only to the availability of sufficient 13 amounts for the costs (as such term is defined in 14 section 502 of the Federal Credit Reform Act of 15 1990 (2 U.S.C. 661x)) of such loans and the ab- 16 sence of qualified requests for loans, the Secretary 17 shall enter into commitments to make loans under 18 this Act, and shall make such loans, in an amount 19 such that the aggregate outstanding principal bal- 20 ance of such loans does not at any time exceed 21 $7,50010001000. 22 (2) AUTHORIZATION OF APPROPRIATIONS FOR 23 COSTS.—There is authorized to be appropriated such 24 sums as may be necessary for costs (as such term 25 is defined in section 502 of the Federal Credit Re- •HR 5818 1H 25 - 1 form Act of 1990 (2 U.S.C. 661a)) of loans under 2 this Act. 3 SEC. 13. REGULATIONS AND IWLEMENTATION. 4 (a) REGULATIONS.—The Seeretaiy shall issue any 5 regnIations necessary to eari;y out this Act. i 6 (b) IMPLEMENTATION.—Pending the effectiveness of 7 regulations issued pursuant to subsection (a), the Sec- 8 retary shall take such action as may be necessaiy to imple- 9 ment this Act by notice, guidance, and interim rules. O -HR 5818 1H lu J 110TH CONGRESS H• Re 5 2D SESSION To remote an impediment to troubled debt restructuring on the part of holders of residential mortgage loans, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 11, 2008 Mr. CASTLE (for himself and Mr. KnrJORSIa) introduced the following bill; which was referred to the Committee on Financial Sm ices A BILL To remove an impediment to troubled debt restructuring on the part of holders of residential mortgage loans, and for other purposes. 1 Be it enacted by the Sedate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act nlay be cited as the "Emergency Mortgage 5 Loan Modification Act of 2008". I SEC. 2. SAFE HARBOR FOR QUALIFIED LOAN MODIFICA. 2 TIONS OR WORKOUT PLANS FOR CERTAIN 3 RESIDENTIAL MORTGAGE LOANS. 4 (a) STANDARD FOR LOAN MODIFICATIONS OR WORK- 5 OUT PLAINS.Absent specific contractual provisions to the 6 contrary- 7 (1) the duty to maximize, or to not adversely 8 affect, the recovery of total proceeds from pooled 9 residential mortgage loans is owed by a ser 6cer of 10 such pooled loans to the securitization vehicle for the 11 benefit of all investors and holders of beneficial in- 12 terests in the pooled loans, in the aggregate, and not 13 to any individual party or group of parties; and 14 (2) a servieer of pooled residential mortgage 15 loans shall be deemed to be acting on behalf of the 16 securitization vehicle in the best interest of all inves- 17 tors and holders of beneficial interests in the pooled 18 loans, in the aggregate, if fur a loan that is in pay- 19 ment default under the loan agreement or for which 20 payment default is imminent or reasonably foresce- 21 able, the loan servieer makes reasonable and docu- 22 mented efforts to implement a modification or work- 23 out plan or, if such efforts are unsuccessfiil or such 24 plan would be infeasible, engages in other loss miti- 25 gation, including accepting a short payment or par- 26 tial discharge of principal, or agreeing to a short •HR 6579 111 I sale of the property, to the extent that the servieer 2 reasonably believes the modification or workout plan 3 or other mitigation actions will maximize the net 4 present value to be realized on the loan over that 5 which would be realized through foreclosure. 6 (b) SAFE HARBOR.Absent specific contractual pro- 7 visions to the contrary, a scivicer of a residential mortgage 8 loan that acts in a manner consistent with the duty set 9 forth in subsection (a), shall not be liable for entering into 10 a qualified loan modification or workout plan, to— 1 l (1) any person, based on that person's owner- 12 ship of a residential mortgage loan or any interest 13 in a pool of residential mortgage loans or in securi- 14 ties that distribute payments out of the principal, in- 15 terest and other payments in loans on the pool; 16 (2) any person who is obligated to make pay- 17 ments determined in reference to any loan or any in- 18 terest referred to in paragraph (1); or 19 (3) any person that insures any loan or any in- 20 terest referred to in paragraph (1) under any law or 21 regulation of the United States or any law or regula- 22 tion of any State or political subdivision of an.- 23 State. 24 (c) Rui,E 014, CONSTRUCTION.—No provision of this 25 section shall be construed as limiting the ability of a -HR 5579 IH 4 1 seivicer to enter into loan modifications or workout plans 2 otlier than qualified loan modification or workout plans. 3 (d) DEFINITIONS.—For purposes of this section, the 4 following definitions shall apply: 5 (1) QUALIFIED LOAN MODIFICATION OR WORK- 6 OUT PLAN.—The tern "qualified loan modification 7 or workout plan" means a modification or plan 8 that- 9 (A) is scheduled to remain in place until 10 the borrower sells or refinances the property, or 11 for at least 5 ,years from the date of adoption 12 of the plan, whichever is sooner; 13 (B) does not provide for a repayment 14 schedule that results in negative amortization 15 at any time; and 16 (C) does not require the borro,,i,er to pay 17 additional points and fees. 18 (2) RESIDE,NTIAL MORTGAGE LOAN DEFINED.- 19 The term "residential mortgage loam" means a loan 20 that is secured by a lien on an owner-occupied resi- 21 dential dwelling. 22 (3) SECURITIZATION VEHICLE.—The term 23 "securitization vehicle" means a trust, corporation, 24 partnership, limited liability entity, special purpose ,. 25 entity, or other structure that— •HR 5579 M 5 1 (A) is the issuer, or is created 11• the 2 issuer, of mortgage pass-through certificates, 3 participation certificates, mortgage-backed secu- 4 cities, or other similar securities backed by a 5 pool of assets that includes residential mortgage 6 loans; and 7 (B) holds such loans. 8 (e) EFFECTIVE PERIOD.—This section shall apply 9 only with respect to qualified loan modification or workout 10 plans initiated prior to Januai y 1, 2011. 0 -HR 5579 1H RESOLUTION OF THE CITY COUNCIL OF SAN BERNARDINO, CALIFORNIA, URGING THE UNITED STATES CONGRESS TO IMPLEMENT THE HOMEOWNERS AND BANK PROTECTION ACT OF 2007. r ereas, the onrushing financial crisis engulfing home mortgages, debt instruments of all types, and the banking system of the United States threatens to set off an economic depression worse than the 1930s; and Whereas, millions of American citizens are threatened with foreclosure and loss of their homes over the upcoming months, according to studies released by RealtyTrac.com and Moodys Economy.com; and Whereas, according to RealtyTrac.com's 2008 First Quarter Metropolitan Foreclosure Report, the San Bemardino/Riverside metropolitan area has the 2nd largest foreclosure rate in the nation, with 37,239 properties with foreclosure filings, and 1 in every 38 households in this region in some stage of foreclosure during the first.quarter of the year 2008. This first quarter foreclosure rate is up 39.13% compared to the fourth quarter statistics of 2007, and up 230.81%compared to the first quarter statistics of the year 2007. Whereas, the hedge funds which spread this financial collapse among markets worldwide, by dominating speculation in all those markets, are now going bankrupt and demanding government bailout of their securities and derivatives, and the nominal value of the derivatives based on morgages alone is the size of the combined gross domestic product of the nations of the world; and Whereas, this financial crisis is now threatening the integrity of both state and federally chartered banks, as typified by the run on deposits of Countrywide Financial in California during the month of August; and such a banking collapse would wipe out the life savings of American citizens, and drastically undermine the economic stability of our states and cities; and Whereas, the ongoing economic crisis in the United States, as expressed in the rise in the foreclosure rate in the City of San Bernardino, is causing increasing economic hardship and suffering to the citizens of our city; and .ereas, in a similar financial crisis in the 1930s, President Franklin D. Roosevelt intervened to protect banks and homeowners; for example On April 13d', 1933, he introduced legislation Addressing Congress with a"Declaration of National Policy,"which stated"That the broad interests of the nation require that special safeguards should be thrown around home ownership as a guarantee of social and economic stability, and that to protect homeowners from inequitable liquidation in a time of general distress is a proper concern of the government"; and therefore Be it Resolved, that the City Council of San Bernardino hereby endorses the Homeowners and Bank Protection Act of 2007, as initiated by economist Lyndon H. LaRouche, Jr. This crisis is such that it requires emergency action that only the United States Congress has the capability to enact. Congress must move quickly to keep people in their homes and avert social chaos. This act includes the following provisions: 1. Congress must establish a Federal agency to place the Federal and state chartered banks under protection, freezing all existing home mortgages for a period of haw ever many months or years are required to adjust the values to fair prices, and restructure existing mortgages at appropriate interest rates. Further, this action would also write off all of the speculative debt obligations of mortgage-backed securities, derivatives and other forms of Ponzi Schemes that have brought the banking system to the point of bankruptcy. 2. During the transitional period, all foreclosures shall be frozen, allowing American families to retain their homes. Monthly payments, the equivalent of rental payments, shall be made to designated banks,which can use the funds as collateral for normal lending practices, thus re-capitalizing the banking systems. These affordable monthly payments will be factored into new mortgages, reflecting the deflating of the housing bubble, and the establishment of appropriate property valuations, and reduced fixed mortgage interest rates. is shakeout will take several years to achieve. In the interim period no homeowner shall be evicted from his aer property, and the Federal and state chartered banks shall be protected, so they can resume their traditional functions, serving local communities, and facilitating credit for investment in productive industries, agriculture, infrastructure, etc. D 'Fro)y\ L_G rn I,, the X14 t- . 3. State governors shall assume the administrative responsibilities for implementing the program, including the rental assessments to designated banks, with the Federal government providing the necessary credits and guarantees to assure the successful transition. And therefore, ^° it Further Resolved, that the San Bernardino City Clerk shall forward this resolution to the California .igressional delegation, the governor of California, the California legislature, and also have it delivered to the President of the United States for immediate implementation. J6 lq� a JF 4 dW Act i Affix,., n x N M pct= ,g u: R n n 40 k A " M"s t�rvm� Y F i p, n I. F� n e aq LaRouche: "Stop Faking it,Barney!" http://www.larouchepac.com/node/10650/print LaRouche: "Stop Faking it, Barney!" 13 May 2008 May 12, 2008 (LPAC)--Upon receiving reports that Democratic Congressman Barney Frank, head of the House Financial Services Committee, is aggressively blocking the only solution to the dramatic explosion of home foreclosures--LaRouche's Homeowners and Bank Protection Act--both in the city councils around the country, and in the Congress,Lyndon LaRouche laid it on the line: "Stop faking it,Barney!"he said. "Are you being blackmailed?People are dying, Barney. Are you trying to kill people? Cut it out." 1 Paid for by the Lyndon LaRouche Political Action Committee P.O.Box 6157,Leesburg,VA 20178,www.1arouc1*pac,com and Not Authorized by Any Candidate or Candidate's Committee sor of all financial legislation, is openly claimed by Wall Street banks. These,along with Frank's subcommittee chairman Paul Kanjorski(D-Pa.)and others,have worked to head off any Congress Converges on Potential introduction of Lyndon LaRouche's Homeowners and Bank Protection Act (HBPA) in Congress, despite its Bailouts To Block HBPA being supported by act of more than 80 cities nationwide, introduced into half the state legislatures in the country,and recently passed by both Houses in Rhode Island. La- by Paul Gallagher Rouche's HBPA would put the crisis-wracked chartered banks of the United States under Federal bankruptcy pro- Even as it is confronted with the increasingly hyperinfla- tection,which would also compel them to write off the tril- tionary failure of the attempted bailouts of the banks and lions in toxic securities immediately, making these banks financial markets by the Federal Reserve, the Democratic capable of conveying Federal credit flows into rebuilding leadership of the Congress is lunging toward a tax-dollar the collapsing real economy through infrastructure works, bailout of its own, on top of its already inflationary appe- capital exports,etc.At the same time,HBPA would freeze tizer, the "bipartisan stimulus."The Wall Street news ser- all mortgages against foreclosure,an action taken by many vice CNBC frankly described House Financial Services states during the Great Depression and urgently overdue chairman Barney Frank's (D-Mass.) March 13 version of now. this "mortgage legislation" as "a mortgage bailout plan By blocking the HBPA, and, at the same time,moving hatched between Wall Street and Congress,"and attributed to create mortgage-buying bailout funds which, when you the design of it to Credit Suisse, Citibank, and Bank of read between the lines, are in the hundreds of billions of America, owner of the notorious Countrywide mortgage Federal dollars, the Congressional leadership is setting a lender. match to a hyperinflationary blowout like that of hapless By transparently attempting to commit Federal dollars Weimar Germany in 1923—nor will they succeed in saving to rescue the "value" of trillions in now-nearly worthless the banks from the shutdown wave now beginning. securities of the collapsed mortgage bubble—mortgage- backed securities, collateralized debt obligations, and fi- When Home Prices Plunge by 50% nancial derivatives—these Congressional Democrats would Even as CNBC was hailing his March 13 scheme as a join Fed Chairman Ben Bernanke in bringing on a hyperin- bank bailout, Frank continued to claim that it wasn't, as he flation that will destroy the U.S. economy and the house- has with each of the year-long series of completely unwork- holds they claim concern for.At the same time, not one of able proposals that have come from his Financial Services these leading Congressional Democrats—with the single Committee,such as increasing the capital of Fannie Mae and exception of Democratic Presidential candidate Sen. Hill- Freddie Mac by $150 billion for the same purpose. Frank, ary Clinton—will support a nationwide freeze of home Dodd,and company insist that they want to legislate taxpayer foreclosures,necessary to stop social chaos and urban/sub- funds to buy up mortgage loans at "sharply discounted" urban collapse in many areas. Clinton's 120-day general prices,making those irresponsible mortgage lenders"take a foreclosure halt has been fought by Wall Street since she haircut"on the original book value of the loan. called for it in early December, and all of her Democratic But two things have become clear from several compe- colleagues—not to mention Congressional Republicans— tent surveys of the causes of the millions of home foreclosure have taken Wall Street's side. proceedings underway,beginning with the one by the states' All of the recent months'proposals for so-called"mort- attorneys general in February. First, the ineffectiveness of gage crisis legislation" have now converged on bailout Treasury Secretary Henry Paulson's "HOPE NOW" plan, schemes from Wall Street's Representative Frank, House and the state-level "mortgage refinancing" and counseling Speaker Nancy Pelosi's (D-Calif.) other lieutenants, and plans;the foreclosure tsunami has overwhelmed them,with Senate Banking Committee chairman Christopher Dodd each month's foreclosure actions 50-60%above the already (D-Conn.),which schemes are becoming increasingly iden- exploding levels of 2007, and actual home seizures rising tical—Dodd immediately endorsed and adopted Frank's even faster to 80-90,000 per month. Another 1.5 million March 13 outline,for example. Speaker Pelosi is acting as homes are in the foreclosure mill right now, and 5 million the virtual puppet of the treasonous synarchist banker Felix homeowners beyond those are delinquent on mortgage pay- Rohatyn, who dominates her "economics" soirees, and ments,reports the Mortgage Bankers Association.And sec- whose every idea becomes her legislative priority. Dodd ond, the primary and dominant cause of mass home was Rohatyn's chosen Presidential candidate and legisla- foreclosures is,not subprime loans or ARM(adjustable rate tive backer; Frank, Pelosi's designated pointman and cen- mortgage)interest rates adjusting upwards,but the plunging 46 Economics EIR March 21,2008 price of homes, which has probably now passed the 10% are actually worthless pieces of bundled, securitized con- mark in national average year-to-year decline. The huge sumer debt.The price of"buying those losses"is measured decade-long consumer debt bubble known as "real estate in orders of magnitude of the rate of inflation and the col- assets"has collapsed,and homes are now become debt traps lapse of the U.S.dollar. for many millions of households hit with rapidly rising prices LaRouche has repeatedly denounced this kind of Con- and losing jobs at the same time. This situation is causing gressional proposal as"buying into the bubble as it's collaps- even many thousands of homeowners who have already got- ing." ten"mortgage refinancing"to a supposedly affordable level, This is what the City of London mouthpiece, the Finan- to default again and enter foreclosure. cial Times,called for—as United States policy,of course—as Nothing Congress does will, or could, stop that price "nationalization of the losses"in the securities markets,in its plunge. March 12 editorial.The policy was pushed hard in testimony As early as November 2007,housing economists such as in front of Frank's committee on March 3 by Mark Zandi, Robert Shiller of Yale were telling Frank's committee that chief economist for the ratings agency Moody's,who urged prices were likely to drop at least 20%.As of February 2008, that Congress must establish a "taxpayer-based fund of at the worst-hit states such as California, Florida, and Nevada least $150 billion to buy mortgage-backed securities," and had already approximated that big a drop.Now,sober econo- claimed that nothing else but Federal buying could"revive" mists foresee a 30% or 40% drop, which would leave one- the moribund securities markets. On March 12, the other third to one-half the 86 million mortgaged households in U.S.-based ratings agency,"Standard and Whores,"ran cover America owing more on their house than it could be sold for. for what Frank,Dodd,Rohatyn,and Wall Street were doing, "American System"economist Lyndon LaRouche has,since by issuing a report which claimed,outrageously,that the writ- first introducing the HBPA last August,forecast that the col- ing off of securities losses by Wall Street banks was now lapsing debt bubble would pull home prices down further than "essentially finished"!A few days later,Bear Stearns invest- even the current "worst case" guesses of other economists; ment bank was seen disappearing into a swamp of new losses, this is why LaRouche's HBPA establishes an open-ended pe- and being thrown a one-month bailout lifeline by the Federal riod of mortgage freeze and foreclosure ban, until the price Reserve. collapse has run its course. This price collapse means that what Dodd,Frank,and the `Too Little,Too Late' Rohatyn-Pelosi gang call"a haircut for mortgage lenders"is, Frank, Dodd, Rep. Joe Baca, (D-Calif.) and others have in fact, a dangerously inflationary and potentially massive had the effrontery to call these bailouts "Franklin D. Roos- bailout for those lenders and the holders of mortgage-backed evelt's policy,"and claim to be reviving FDR's Home Owners securities, one in which Federal agencies would be"buying Loan Corp. (HOLC)of 1933.It was LaRouche's EIR which the losses"of the banks in the price plunge.Frank's legislative first introduced the HOLC into the policy debate over the proposal, for example, would set up the Federal Housing mortgage bubble collapse,a year ago.We made clear that the Administration(FHA)to guarantee up to$300 billion in new, HOLC was successful in reversing the mass foreclosures of refinanced mortgages—which means buying the existing,de- the Great Depression, only because FDR had first, in the faulted mortages,at what he says is"the current market price," March 1933"Bank Holiday,"put the nation's banks through or 10%below,at most,what the existing mortgage debt was effective bankruptcy reorganization—as LaRouche's HBPA based on.Dodd,in a Senate bill,also proposes to have a new will do—and because,by 1933,home and farm prices had al- Federal agency buy $150 billion of these mortgages in the ready been through their years-long collapse,so new govern- same manner. ment-backed mortgages could be issued. The bank or lender,promises Frank,would have"no fur- Just a day after Representative Frank unveiled his bailout ther credit exposure to the borrower" or to the borrower's scheme,Citigroup CEO Robert Rubin called it"too little,too household's troubles as his home plummets in"value"by an- late,"at a Washington meeting of the Hamilton Project,which other 30%, 40%, or more. The bank could take the FHA- he was moderating.There is,in fact,no chance of saving those insured sale proceeds of 85-90%and pay off mortgage secu- U.S.chartered banks which must be preserved for the econo- rity holders, etc. But the FHA would be exposed to those my to function and recover,by means of this kind of inflation- losses; and the Government National Mortgage Agency or ary bailout.Their real losses in the collapse of the global debt Ginnie Mae,which Frank says would stand behind the FHA "asset"bubble are much too huge. and repurchase those new mortgages,would be"buying those Congress's real job, is to save these banks from them- losses"with what could easily be many hundreds of billions selves,by putting them—and the Federal Reserve system— in Federal dollars taxed,borrowed,or newly printed. through a Federal bankruptcy process,which alone will allow What Frank and Dodd are pleased to call a 10% mort- them to stay open,and to conduit Federal low-interest credits gage "haircut" for lenders, banks, and mortgage securities for programs to rebuild the economy from a depression col- holders, is, in fact, a 30% bailout, or much more, of what lapse. March 21,2008 EIR Economics 47 MMEconomics Save Housing: Put Financial System Into Receivership by John Hoefle You can hardly look at the news these days without hearing ing to the Mortgage Bankers Association, which noted that about the U.S.housing crisis.Foreclosures are at an all-time 40% of all foreclosures involved people with prime or sub- high and the rate is accelerating, home prices are falling all prime mortgages who walk away from their homes before across the nation, and the number of homeowners who owe their adjustable-rate-mortgage interest rates reset, and an- more on their homes than they are worth is rising. This is a other 23% involved people who walked away from their national problem which must be solved. homes after receiving some sort of beneficial loan modifica- At the same time, however, this housing crisis is being tion.Late payments rose to a 23-year high,with 5.8% of all used in a heartless and cynical way by the big financial institu- home loans more than 30 days late, a rate not seen since tions,which are seeking to have themselves bailed out under 1985. the guise of helping homeowners.Proposals abound in Wash- Nationally,some 29%of all subprime loans were in trou- ington which are aimed at protecting not the homeowners,but ble at 2007 year-end,as were 35%of all adjustable-rate sub- the mortgage-holders,and the holders of trillions of dollars of prime loans.Subprime loans accounted for about 13%of the mortgage-backed and mortgage-related securities. Under all total number of mortgages.Troubles with prime loans are also the posturing and spin,the American people are being thrown increasing,with 4.5%of all prime mortgages delinquent or in to the wolves by the bankers,in order to protect the fictitious foreclosure nationally,as were 8.7%of adjustable-rate prime values of speculative financial paper. mortgages. To sell their bailout, the financiers constructed a phony The net worth of households fell in the fourth quarter of story about how the subprime problems developed,painting 2007 for the first time since 2002,decreasing by$533 billion, themselves as the victims of unscrupulous subprime lenders with housing-related net worth falling by $176 billion, ac- and greedy home-buyers. They got away with it because a cording to the Federal Reserve. That net loss would have year ago, when they started pushing this scam, the cracks in been almost three times bigger,had the Fed used the figures the banking system were not nearly so visible as they are to- from S&P/Case-Shiller instead of those from the Office of day.The bankers knew,but the public did not,and the bankers Federal Housing Oversight, according to J.P. Morgan played on that ignorance. Chase. One year later,the financial markets are in panic,and the The drop in housing prices, combined with the refinanc- bailout process has begun.If we continue down this road,not ing wave of the past several years,means that as a whole,the only will the housing crisis worsen,but the economy will ex- amount of equity Americans own in their homes has dropped plode in a hyperinflationary blowout the likes of which the below 50%,Federal Reserve statistics show.Since about 35% United States has never experienced. of homeowners own their homes outright and have no mort- gages,the 65%who do have mortgages owe a lot more than Housing Meltdown 50%of their homes'value. Bad, and getting worse, sums up the situation for home- Freddie Mac projects that sales on new and existing homes owners.Foreclosures rose to a all-time high in 2007,accord- in the United States will probably fall to 5 million this year, 56 Economics EIR March 14,2008 4 + down a third from the all-time high of 7.5 million in 2005,and the mutual funds, the money market, pension and other in- even that number reflects increased government bailout activ- vestment vehicles. It was a giant pyramid scheme which ity, since the private mortgage-backed securities market has was—seemingly—enormously profitable when real estate collapsed. prices were rising,only to be revealed as an even bigger disas- While foreclosures get most of the press coverage,the ef- ter when that price-growth peaked. fects of the housing crisis are also hitting people who are still The homebuyers, far from benefitting from this process, making their payments.The exorbitant prices for homes in re- instead found themselves paying huge amounts of money to cent years have put many families in the position of having to the bankers through artificially high mortgage prices. Many pay far more for housing than they should,and the combina- individuals profitted from this speculative game while it was tion of high mortgage and rent payments,high gasoline pric- growing, but from a systemic standpoint, and, after the dust es,and the rising cost of food and other essentials due to the clears, it will be seen as one of the most destructive boon- falling value of the dollar, has put households in a terrible doggles of all time. bind. Crash,and Bail The Cause To casual observers,the cracks in this system began to ap- The fact that subprime loans are at the bleeding edge of pear in early 2007,when the banks pulled the plug on the sub- the housing crisis does not mean that subprime loans were the prime lenders and began to portray themselves as victims. cause of the housing crisis.For the cause,one has to look at That Summer,the cracks split wide open with the Bear Stea- the banking system and the creation of the largest speculative ms hedge fund crisis, and the death of the market for mort- bubble in history. gage-backed securities.As the panic deepened,the market for Far from being caused by subprime lenders on the periph- other asset-backed securities,such as those backed by credit- ery of the financial system,the real estate bubble was the cre- card receivables,also seized up.By year's end,the whole se- ation of Wall Street.The game was to run up real estate values, curitization system had ground to a virtual halt,and the cen- and use the"wealth"created by the higher valuations as fuel tral banks were pumping liquidity like crazy, keeping the for the bubble. The debt created by the mortgages was then system on life-support. used as the basis for the creation of an even larger market in With the new year came the next phase,the banking crisis; mortgage-backed securities and even more mortgage-related though called a"credit crunch,"the real problem was insol- securities such as collateralized debt obligations and other vency,among banks with huge amounts of worthless paper on forms of insanity.As the bubble grew,it required ever larger their books. amounts of fuel, which in turn, required more, and bigger, Now, things have deteriorated to the point that the talk mortgages. about the insolvency of the banking system is out in the open, As housing prices rose,they began to outpace the ability and the Federal government is openly discussing measures of the population to pay the mortgages,so the banks began to designed to save financial institutions. It is a far cry from a loosen loan requirements.Over the last few years,with prices year ago, when all the experts were confidently assuring us so high that buyers were increasingly difficult to find, the that everything was under control,that the damage from the lenders opened the floodgates, issuing adjustable-rate mort- mortgage sector was containable. Today, the public state- gages, subprime loans, low-documentation loans, no-docu- ments are even more foolish,and far less confident.Panic is in mentation loans—basically doing whatever they had to do to the air,as is the toxic smell of a bailout. keep the mortgage debt flowing. By design, and intent, the Have no illusions about what is happening.The interna- banking system was selling mortgages to people who could tional banking crowd is doing what it always does in such not afford them. circumstances, which is to dump as much of the losses as The idea that this was the fault of the subprime lenders is possible on the public. The bailout schemes before Con- a myth, for two main reasons.The first is that the subprime gress vary slightly,but all have the goal of having the Fed- lenders were just middlemen—they originated the loans and eral government, and the U.S.taxpayer, buy the bad paper then immediately sold them to larger institutions which from the banks, so that the public takes the hit. Given the would combine them in pools for mortgage-backed securi- enormous amounts involved and the pitiful state of the U.S. ties.Had the big banks not bought the loans from the origina- physical economy,such a move would not only destroy the tors,the originators would have quickly run out of capital and economy, but trigger a hyperinflationary collapse of the ceased to exist. The second reason is that many of the sub- dollar,which would spread worldwide.It is insane,and it is prime lenders were allied with, or even owned by, big coming, unless we stop it. If you think you have problems banks. now,just wait. Better still, help LaRouche pass the Home- This whole business was run by the big commercial and owners and Bank Protection Act and put a stop to the bank- investment banks from the top down, and they in turn fed a ers' insane wet dream. (See National for news on the steady stream of mortgage-backed paper into the hedge funds, HBPA.) March 14,2008 EIR Economics 57