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Why the banks can't modify the mortgages

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BR_Parkway Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-12-10 02:20 PM
Original message
Why the banks can't modify the mortgages
From a letter Barney Frank wrote to the major banks about the 2nd mortgages they carry on their books at full value (in spite of the 1st mortgage being underwater):

http://www.zerohedge.com/article/barney-frank-asks-top-four-banks-write-down-second-lien-mortgages-claims-have-no-economic-va

Many investors in first-lien mortgages have indicated that they are willing to accept the fact of significant losses on those investments in order to move on and use their money for other purposes, rather than having it locked in underwater mortgages with a high and growing likelihood of foreclosure. With the interests of homeowners and investors aligned in this way, it should follow that large numbers of principal-reduction modifications could be made relatively quickly. That is not happening. According to investors, Administration officials, and other experts I have consulted, holders of second-lien mortgages are now a principal obstacle to many modifications. The problem of second-lien mortgages standing in the way of successful principal reduction modifications has reached a critical stage and requires immediate attention from your institutions.

Large numbers of these second liens have no real economic value – the first liens are well underwater, and the prospect for any real return on the seconds is negligible. Yet because accounting rules allow holders of these seconds to carry the loans at artificially high values, many refuse to acknowledge the losses and write down the loans, which would allow willing first lien holders to reduce principal and keep borrowers in their homes.


and this analysis says the stress tests prove the biggest banks are actually insolvent (more charts and all at link):


http://www.newdeal20.org/?p=8835

So the original loss from second-liens, as reported by the stress tests, was $68.4 billion for the four largest banks. If you look at those numbers again, and assume a loss of 40% to 60%, numbers that are not absurd by any means, you suddenly are talking a loss of between $190 billion and $285 billion. Which means if the stress tests were done with terrible 2nd lien performance in mind, there would have been an extra $150 billion dollar hole in the balance sheet of the four largest banks. Major action would have been taken against the four largest banks if this was the case.

Tradeoffs

Notice the tradeoff – with this valuation of 2nd liens locked into the stress test, it meant that a huge chunk of homeowners wouldn’t be able to renegotiate their mortgages. So you have a decade of people underwater in their homes, unable to move to pursue new jobs, with the 1st mortgage owner willing to negotiate new terms but being blocked by the second mortgage owner, in order to pretend that the stress tests weren’t completely invalid.

And the endgame? I’ve heard anecdotally from enough credible people that there’s extra pressure on underwater homeowners to pay off the small second lien first. This is in part because the servicers, who will be nudging (or “sweat boxing”) homeowners in desperate situations on how to act, work for the major banks, and in part because the second liens are usually smaller and easier to pay. This is what happens when servicers don’t have a fiduciary responsibility to investors. Between that and playing the gruesome (for regular people) spread on interest rates, the major players should be able to drag themselves to solvency.


All bolding added by me for emphasis on the fact that the biggest banks in the country are still carrying phony numbers on the books because they're insolvent without them.
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dkf Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-12-10 02:37 PM
Response to Original message
1. Problem is if the economy shapes up housing will eventually recover
And banks will be made whole. What incentive is there to release the obligation and take the loss? It's like selling at the bottom of the market.
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BR_Parkway Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-12-10 03:17 PM
Response to Reply #1
2. Housing will never "recover" - it only got to where it did by speculation
and financial products that allowed you to take out so much more than you can chew. Affordability or debt to income ratios never came in as a normal stop guard
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leftofcool Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-12-10 03:20 PM
Response to Reply #2
3. Housing is already recovering here and where we are looking to
purchase a retirement home (midwest)
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AllentownJake Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-12-10 04:01 PM
Response to Reply #3
5. There are areas of the country that weren't hit as hard as others
PA is doing much better than Florida, Nevada, Arizona, or California. That being said, most people have seen a decline in the value of their home, and no matter where the bank is foreclosing, they are taking a loss.

You can't have high unemployment and a housing recovery.
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dkf Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-13-10 03:19 AM
Response to Reply #2
7. It took 8 to 10 years for Hawaii to recover after the Japanese bubble
But we recovered and appreciated since then.
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louis-t Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-12-10 03:53 PM
Response to Original message
4. One thing the article doesn't mention?
The 2nd lien is the "junior" lien. If the home goes to sheriff sale or the owner does a short sale, the second is almost worthless. I see payoffs of $2,000-3000 on $50,000 2nd liens. Title cannot be cleared if 2nd doesn't sign off.
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BR_Parkway Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-13-10 07:30 AM
Response to Reply #4
8. A junior lien gets wiped out in a foreclosure or sherrif's sale - there's
nothing to sign off. The only way they can protect their interest is to outbid the first lien holder and hope they can sell for enough to recover it that way.
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louis-t Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-13-10 01:32 PM
Response to Reply #8
9. Absolutely correct. Thanks for filling in the blanks.
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ljm2002 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-12-10 05:34 PM
Response to Original message
6. I wonder why my mortgage holder can't make a deal with me...
...when I refinanced with Taylor Bean & Whitaker, they went bankrupt after all my papers were signed but before I received anything from them about the change.

It was over 2 months before I even knew who to send my payments to.

Well that's all sorted out. But here's the thing: the new mortgage holder bought my account and others from a bankrupt entity. What that means in practical terms is that they did not pay full price. But I'm still paying full price.

In fact I wonder if these big organizations may have colluded, such that the one goes bankrupt and the other one buys up the assets for a percentage of the value, and voila! they're going to make money, even allowing for the risk factors.

In the meantime I and other homeowners continue to be screwed financially.
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