Thursday, November 20, 2008

"the problem is not the fact that so many subprime mortgages are trapped in securitization pools."

Joe Nocera in the NY Times on the problem of bunched mortgages, and how to renegotiate them:

"The F.D.I.C., however, begs to differ. As you’ll recall, the agency took over the California bank, IndyMac, which had, as Ms. Bair put it, “a pretty impaired portfolio.” It has since instituted a broad mortgage modification effort that also serves as a laboratory for what can and cannot be done. What the agency has discovered, said Mr. Krimminger, is that the contracts are rarely as constricting as investors and servicers have been portraying them. They do not allow principal reduction, for sure, but they almost never disallow interest rate reduction — or delaying principal payments for a short time. What’s more, Mr. Krimminger said, the servicer agreement simply says that the servicer’s job is to maximize the investment — which often means avoiding foreclosure."

Here's my comment:

“Nothing to prevent mass foreclosures of these loans will be effective unless Congress acts affirmatively to remove liability and provide financial incentives for refinancing. Jawboning bondholders and fiduciaries has not and will not work.”

From last week. Today:

“They do not allow principal reduction, for sure, but they almost never disallow interest rate reduction — or delaying principal payments for a short time.”

Not allowing principal reduction would seem to be a big problem. All the lowering interest rates would do it seems is lower the payments, but it might not be enough. And the legal problems do seem to apply.

I think you’re right back where you started. If it were a clear financial gain to renegotiate these mortgages, it would be done. You still need incentives for the servicers and lenders, and obviously they want a better deal. I thought that you showed why last week. Namely, as an earlier poster said, they want the government to intervene in some way, incentives, subsidies, tax breaks, legislation, to sweeten the deal for them.

For one thing, if servicers get legislation that allows them more room to cut better deals for themselves in the future, that would be a win. How about we just call some of these people and ask them what’s up?

— Don the libertarian Democrat

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