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White House Silence Paved Way for ‘Cramdown’ Crash
Reluctance to Spend Political Capital Doomed Bankruptcy Reforms
Though mortgage bankruptcy reform has been a central component of the Obama administration's foreclosure prevention strategy, the White House all but abandoned the proposal in the days leading up to last week's Senate vote, providing some Democrats with the political cover to kill the bill and leaving supporters scratching their heads in wonder why the administration didn't push harder for passage.
The proposal, sponsored by Sen. Richard Durbin (D-Ill.), would have empowered bankruptcy judges to reduce, or "cramdown," the terms of primary mortgages, allowing some struggling homeowners to avoid foreclosure. Obama supported the measure on the campaign trail last year, and endorsed it again in February as he unveiled his anti-foreclosure plan.
Yet in the days before Thursday's Senate vote, the silence emanating from the White House was palpable. Unlike Obama's high-profile support for legislation to reform the credit card industry, the president made no public statements on cramdown, nor did he pressure Democratic lawmakers to support the bill.
"When the time came to stand up to the banking lobbies and cajole yes votes from reluctant senators - the White House didn't," The New York Times wrote in a biting editorial Monday.
The administrative hush led some lawmakers to believe that issue was no longer a priority for the White House. Indeed, a spokesperson for Sen. Michael Bennet (D-Colo.) - who opposed the proposal, saying it was too broad and would have raised interest rates - told The Denver Post that a "no" vote was not inconsistent with Obama's position.
That sentiment allowed on-the-fence Democrats to oppose the measure without being perceived as defying the White House. Indeed, the measure failed 45 to 51 - 15 votes shy of defeating the GOP filibuster - with 12 Democrats joining every Republican to kill the bill.
The vote arrived at a time when foreclosure rates are skyrocketing and more and more homeowners find themselves "underwater" - owing more on their mortgages than their homes are worth.
In another curious move, the White House issued a statement last week reiterating its support for "appropriately tailored bankruptcy language" as part of its anti-foreclosure strategy. But the statement wasn't released until a day after the Durbin's cramdown amendment had already failed on the Senate floor.
Administration officials deny that Obama's support for cramdown ever waned. "The President continues to support balanced bankruptcy reform to permit judicial modifications of mortgages for borrowers who have run out of options and is working with the Congress to get a bill enacted," White House spokesman Nick Shapiro wrote in an email this week. But asked why Obama chose not to twist arms on the Senate vote, the White House didn't respond.
Some observers say the administration's silence simply represents a recognition that the proposal was doomed from the start. "They definitely left it hanging out there," said a representative of the finance industry, who would only speak anonymously due to the delicate politics surrounding the issue. "But why would you expend political capital on something so many Democrats oppose, and it's going to lose anyway? That just creates an ugly dinner table mess."
Observers on all sides of the debate say that the administration made a political calculation, deciding that credit card reform would yield more mileage than cramdown.
"Bankruptcy reform, important as it was, was sort of esoteric," Sen. Charles Schumer (D-N.Y.), who sponsored Durbin's bill, told Politico this week. "If you went into O'Halloran's Pub, the fellas aren't saying to you, ‘What's going on with bankruptcy reform?' But they might say, ‘What are you doing about my credit cards?'"
Yet many experts are quick to point out that it was the housing crisis - not credit card abuses - that led to the global economic meltdown. Unless the housing market stabilizes, they say, the federal spending on bailouts and stimulus measures will be largely undermined.
"They can't solve [housing] in isolation from the rest of the economy," said Desmond Lachman, economist at the conservative American Enterprise Institute, "and they can't solve the rest of the economy without fixing housing."
Recent figures indicate that "fixing housing" remains a ways away. Foreclosure filings topped 341,000 in March alone - up 17 percent from the month before, according to RealtyTrac, an online foreclosure database. More recently, the realty Website Zillow.com released a study revealing that roughly 20.4 million homeowners - representing 20 percent of all homes - were underwater at the end of March, up from 16.3 million three months earlier.
On Tuesday, Federal Reserve Chairman Ben Bernanke delivered more bad news for the housing market, telling a congressional panel that unemployment would likely continue to rise through the remainder of the year.
"There's no doubt in our minds," said David Berenbaum, executive vice president of the National Community Reinvestment, "that the number of foreclosures will go up as unemployment goes up."
Former chairman and CEO of Honeywell and CNBC financial analyst Larry Bossidy this week predicted 3 million foreclosures this year. "Housing's still in the dumps," he said.
Cramdown supporters argue that bankruptcy reforms would provide a last resort that could cut into those numbers. Under current law, consumers may file for bankruptcy to save second homes, boats, cars and almost any other material possession. Primary mortgages, however, are exempted. The Durbin bill would have empowered judges to reduce the principal and the interest rate while increasing the duration of the loan to prevent foreclosure. A similar proposal passed the House in March.
Last month, Mark Zandi, economist at Moody's Economy.com, along with the Center for Responsible Lending, issued a report finding that the Durbin amendment would prevent nearly 1.7 million foreclosures - not because 1.7 million homeowners would file for bankruptcy, but because lenders and servicers would be more likely to reduce the terms of mortgage loans voluntarily if threatened with the possibility that a judge might do it instead.
Part of the problem facing cramdown stems from the moral hazard associated with saving homeowners who bought over their heads. "It's easy to send out a $600 check," said Campbell Harvey, a finance expert at Duke University, referring to Congress' first stimulus strategy in early 2008. "To figure out who was a prudent borrower and who was an irresponsible borrower, that's much tougher to do."
The finance industry remains adamantly opposed to cramdown, arguing that the uncertainty associated with allowing judges to change mortgage terms would force lenders to pass the risk along to more responsible borrowers in the form of higher rates.
Durbin spokesman Max Gleischman said this week that the issue isn't dead, but he couldn't say how or when it might resurface. Although cramdown remains a part of the House housing bill - and could theoretically be included in the conference bill pieced together by House and Senate leaders - House Speaker Nancy Pelosi (D-Calif.) has said she won't push to do so.
Not that Washington policymakers haven't taken steps to address the housing crisis this year. On Wednesday, the Senate approved legislation that aims to improve the unpopular Hope for Homeowners program, while also providing a permanent bump in deposit insurance, from $100,000 to $250,000.
And in February, Obama unveiled a $75 billion anti-foreclosure plan, which provides financial incentives to mortgage servicers to modify loans to keep homeowners in their homes. Already, 13 servicers, representing almost 80 percent of the market, have signed up to participate in the voluntary program, according to Melanie Roussell, spokeswoman for the Department of Housing and Urban Development.
Yet neither the Obama plan nor the Senate bill provide significant help "underwater" homeowners.
The Obama plan, for example, encourages refinancing for homeowners with loans taken out through Fannie Mae and Freddie Mac, but only in cases when they owe less than 105 percent of the home's value. Lending advocates are urging the administration to increase that number to include more underwater homeowners.
Meanwhile, cramdown supporters are hoping the Democrats will return to the proposal sooner than later. A delay, they argue, will only allow more and more struggling homeowners to slip through the cracks of the anti-foreclosure plans already in place.
"There are a lot of modifications that can be offered that, in the end, won't be enough to keep homeowners in their homes," said David Abromowitz, a housing expert at the Center for American Progress, a liberal policy group. "The bankruptcy courts exist to help people who have experienced a set back."



18 Comments so far
Show AllAnd the banksters are Jubilant!!!
Love your children.
'"Bankruptcy reform, important as it was, was sort of esoteric," Sen. Charles Schumer (D-N.Y.), who sponsored Durbin's bill, told Politico this week.'
Keeping people in their houses during the worst economic downturn in decades is "esoteric". Appalling but not surprising. Yet another reason why I left the Democratic Party for Greener pastures.
Homeless parents to their homeless children:
"Don't worry kids, Senator Schumer says living in the park and sleeping on a bench is esoteric"
obama came to town du-dah du-dah tossing corporate salad all the live long day. and it never ends$$$$$$$$$$$$$$$$$
wait till we hear his watered down healthcare that protects corps but not the citizens of our used up down trodden
country. its time to visit the mall and else where in washington in much greater numbers but not for the same reasons!
lets get off our asses realize that we need to jam up washington mon to fri cause a train wreck and demand what
this country needs not the crumbs they are throwing! when we fear the govt. you have tyranny. guess what we have???
YES WE CAN! obama came to twn du-dah du-dah
I thought that the Bush Cabal was limited to only two terms.
How did FDR overcome the corporate stranglehold on power? I'll bet it was just as bad then.
The stranglehold was not as bad during FDR's time, in my view.
For one, the corporations produced things, meaning they contributed something back into the economy. They could not so easily make up numbers. A car is a car, a dress is a dress, a book is a book, a ton of coal is a ton of coal. Now the main industry is skim and scam, smoke and mirrors (aka banking, insurance, finance). Therefore all kinds of slick explanations and important sounding but untested formulas can be offered to justify anything, to cover up robbery, in collusion with government.
Secondly, corporations were mostly US based, and thus subject to the public will and national laws. There may have been some sort of patriotism. Now they are international and have no loyalties, are subject to no laws or law enforcement. If they don't like a regulation, they can take their toys and set up elsewhere.
I don't think FDR overcame the stranglehold as much as a huge labor, veteran and farmer based progressive movement that marched, sat-in, educated etc. They probably dealt with a Congress almost as contemptible as ours, but they had more organized power and voted people in and out.
As an aside, some say the Depression economy was rescued by WW II. But now we are already spending more on the military than the rest of the world combined. In fact, we have to keep manufacturing new enemies to justify war spending. So that option has been taken and has not helped the economy.
I wish I had a constructive suggestion to end to this dismal bit of writing. But it has all been said. The trick is to accomplish something.
Joe
""Bankruptcy reform, important as it was, was sort of esoteric," Sen. Charles Schumer (D-N.Y.), who sponsored Durbin's bill, told Politico this week. "If you went into O'Halloran's Pub, the fellas aren't saying to you, ‘What's going on with bankruptcy reform?' But they might say, ‘What are you doing about my credit cards?'"
What a horse's hindquarters Schumer is! I wonder how often he goes into a pub. The reason people are worried about their credit cards is because that misbegotten Bankruptcy Act of 2005 removed the ability of people drowning in usurious credit-card interest rates and sneaky hidden fees of one kind and another to get out of it relatively painlessly.
Bankruptcy reform--specifically the repeal of that evil legislation along with bringing back laws forbidding usury--is precisely what people want when they want something done about their credit cards!
Rainborowe
Nice - Schumer blames his Party's failure to take a simple step to prevent foreclosures on some mythical ignorant Irish drinkers. Rich, contemptible snob, he is.
Joe
Ta-Daahh!! Somebody sat Obama down and explained that if banks had to eat cramdowns on their loans they couldn't balance their books no matter how much smoke, mirrors and magical financial language was used.
The banks, and therefore the economy, have been living in a fairy-tale land where ever increasing amounts of money could be borrowed and then repaid without any growth in real incomes on the part of the people working.
Too bad; nature bats last.
The natural world will no longer supply the resources, the water, oil, grain, lumber, seafood and pollution sinks that allow economies to grow endlessly. Resources are limited after all and we can't get 2 units of work out of a person tomorrow from the same resource base that only provides one unit of work today.
Paying back all those loans supposes that we will have more oil, gas, grain, clean water, land, houses, plants and fish to support workers tomorrow than we have today. That just isn't happening. The loans can't be repaid because every bit of "economic growth" in the last fifteen years has been fictional. We borrowed every penny of that money.
We can't pay the loans, we can't default, and we can't continue the status quo. Without some entirely new economic model we're going to crash.
Stated superbly well.
I can watch hours of financial news for months on end and no one will state the truth as well as you did here in just a few words.
"The loans can't be repaid because every bit of "economic growth" in the last fifteen years has been fictional. "
That is true. Production of goods actually shrunk. Industrial jobs have been shipped overseas for the last two decades. There were layoffs and ghost towns in almost everything except finance. Entertainment grew, but if nobody is creating anything, eventually people have no jobs and no money to spend on entertainment.
Finance was a scam. Our bad accounting on loans led to some illusion of growth. The same lent dollar was counted twice - as accounts receivable by lenders and as an asset by those who borrowed it with no intention and / or ability to repay it. Then it was traded or lent again, inflating the value in a big empty Ponzi scheme.
There are still some good holdings in the accounts of bank and stock company partners. But we will never see that. Those accounts are protected by traditions of super-secrecy.
Joe
"Cramdown" is what the Capitalists have been doing to us for the last generation or more. "Justice" is, I believe, the appropriate term for this policy.
The real truth is that not all foreclosures should be stopped. There were many mortgages provided under poliica pressure that should never have been made.
As we are all finding out this administration is little interested in the problems of Americans.
What he REALLY means is "the darkies got houses."
I was working in real estate at the peak of the bubble in a town that had 20-25% equity growth every year. The real people feeding the bubble were doctors, lawyers, engineers, contractors and other professionals. They would fly into town and purchase houses, sight unseen, before noon. They would turn over the keys to a property management company at one and be gone on the five o'clock flight out.
Every penny of what they were buying was leveraged off the paper equity and fictional rents of other over-leveraged houses. By October 2006 the worst of these speculators were starting to panic because flattening market and rents that were 1/3 of their carrying costs were killing them.
The housing bubble was built by professionals scamming the system with the help of other insiders they knew through social networks. Even a cursory inspection of paper and cash flows would have shown that the whole thing was a house of cards and more than a few bloggers were pointing this out pre-2004.
Of course, blaming the poor always has a fun ring to a conservative's ear.
When one percent of the people control 80% of the nation's wealth things go wrong. Owning stock is pointless because the CEO's manipulate stock prices for their benefit NOT yours. Look at your 401K and tell me I'm wrong. Ask the investors in Enron, PG&E, GM, Ford, and Chrysler.
The rich looted the world with the complicity of the GOP.
Most foreclosures should be stopped. We need a moratorium so that those at the very bottom of this Ponzi scheme are not the only ones thrown out in the street. Then we would have time to work out solutions.
If loans rates are lowered, balloon payments eliminated and time periods are stretched, some people will be able to meet their obligations over time, thus creating a more normalized mortgage repayment scenario. Those who were foolish and vain and were sucked into buying a bigger or fancier house than they could ever afford, could be allowed to trade down to something more modest.
There is a lot we could do to help neighborhoods. Besides the human side of keeping people in their homes, we would all benefit from the stability.
Joe
This is what happens when 'leaders' are chosen by a popularity contest. Tyranny is just as likely to crop up - maybe more likely - in a 'democratic' system.
I think the government should use its Takings Clause of the Fifth Amendment to pay banks the fair market value for the homes they have foreclosed on and then re-sell the homes to families with transparent and fair terms that they can afford.