Home prices peaked five years ago, but a mountain of foreclosures still looms. FULL ARTICLE by Doug French
Source link: http://archive.mises.org/16552/foreclosure-water-torture/
Foreclosure Water Torture
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This is exactly why I dont own a house.
Doug French!! you’re an inspiration. I can’t tell you how much i enjoy your articles and lectures. Keep’em coming !!
Do you think that without zoning laws we might have cleared the market of these homes already? I mean, maybe we could have found alternative uses instead of single-family dwellings. Maybe small hotels? Restaurants? It sure would be interesting to see what the market would do with the property if government was not in the way.
I think you might be forgetting the huge glut of commercial property that already exists… It will take a lot more then zoning to get out of this mess.
While it wouldn’t absorb commercial property, there are probably quite a few potential businesses that would be (more)viable in residential areas(such as the aforementioned small hotels and restaurants).
Mr. French
The other half of this story is that the Debt Servicer does not know who the Debt Holder is! When the final payment is made on the debt no one will be able to record this fact with the county so the property will never have clear title for the owner. Since MERS is managing 65 million properties at present this means that potentially 65 million properties in the USA have no way of ever achieving clear title status.
What will be done to clear up this abysmal situation?
Sincerely
Pete McLaughlin
Proof of loan ownership? Ha! I am a banker, baby, I don’t need no proof.
I read somewhere that one of the problems is that the notorious “tranching” of debt a.k.a. slicing and dicing into MBS was done in such a way that particular mortgages were not assigned to particular entities, but some kind of complicated derivative-type instrument was created in which money and mortgages would be pooled. Nobody owns these mortgages, but instead they own some kind of claim against … something or other … based on the overall rate of payment or non-payment of the body of loans which were sliced and diced. The mortgages were not divided up as such, but instead pools of risk were declared and then sold, with nobody really knowing (or caring) about anything apparently except for cash flow derived from some kind of mathematical formula. Or so it seems.
The fact that the actual ownership of houses was lost in the shuffle is yet another damning indictment against the Federal Reserve and the rest of the US government. The actual ownership of mortgages and the receipt of payments for those mortgages was not important enough to bother about, but instead the important thing was simply to position one’s bank or investment brokerage or fund as close as possible to the spigot of cash originating at the Fed, and to hell with the rest.
There are even deeper allegations which I have read. One allegation is that losing sight of the individual ownership of mortgages was a deliberate act intended to disguise the fact that the tranching of mortgages had the effect of selling them many times to different buyers – effectively the counterfeiting of MBS. Another allegation is that once the federal bailout money became available to banks which had non-performing loans, it became a lot more lucrative to own non-performing mortgages than performing ones, so the banks therefore tried to increase the size of their portfolio of bad loans by either encouraging people to stop making payments or by initiating foreclosure against houses whose mortgages were fully paid up.
This is another manifestation of the decivilizing effect of government, as Jeffrey Tucker was noting in another article about light bulbs and detergent. The foundation of civil society is respect for private property, so when private property ceases to exist in any form that ordinary people (let alone lawyers and accountants) can understand, then civilization ceases.
We should all keep in mind that the slicing and dicing of mortgages was supposedly supervised by the very same Feds that are now sitting around like some kind of Alred E. Newman with a stupid grin – “what, me worry?” As Murray Rothbard might say, the government has a midas touch like ability to destroy all that it touches. Let’s not forget its fat and happy enablers on Wall Street.
Fyi, this is the Judge who issued the opinion. A fine chap.
To sum up: the QEx are doing what they were supposed to do – prevent a sudden collapse of the economy. Yes, I know, I know, they don’t solve the problem – but I don’t recall any FED or court economists claiming “solution” to be the goal of the QEx…
Another great article Doug.
Could you direct me to the bank (or quasi-govt department) who is offering a 2 percent loan fixed for the entire duration of the mortgage? Ill take all the loans they have!
Cheers Henry
Suppose the investor in the loan was not the FHLB but rather a church diocese. Assume the church bought the loan to help fund construction of new facilities in their blighted city. Suppose the loan was an investment but was sold to the investor without the servicing rights, (so called servicing retained) and therefore the investor did not “know” where servicing rights might currently reside. The servicer should not act on behalf of the investor with an assignment of those rights, but thats not my point. Why does the investor have to pay a penalty to compensate the home owners? Where is the justice in having the church (in my example) pay a penalty to the home owners in the form of permanent loan modification? Seems like poorly aimed vigilante justice. Thats not the way forward.
The water torture continues. This case is now headed to the Supreme Court!
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