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A Solution to the Foreclosure Crisis: Make Banks Write Down Underwater Mortgages

This guest op/ed was written by Pastor Lawrence Willis, president of the United Black Clergy of Washington, and Mila Dolan, a Renton resident who is currently facing foreclosure and is a member of Washington Community Action Network.

The federal government and state attorneys general, including Washington State’s Rob McKenna, are currently negotiating a settlement with the big banks over foreclosure abuses, with a deal expected within the next few weeks.

Unless the public stays vigilant, this settlement could turn into a slap on the hand for Wall Street, with a slap in the face to homeowners.

Recently reported settlement proposals would effectively absolve major financial institutions of meaningful civil and criminal liability in one of the largest alleged fraud schemes of the Wall Street Recession.

Because the deal lets the big banks off easy, attorneys general from New York, Delaware, Massachusetts and Nevada are no longer participating in discussions (with California mostly out as well). The last thing Attorney General McKenna should be doing right now is absolving the big banks of responsibility for their role in the foreclosure crisis.

We want to applaud Senator Maria Cantwell (D-WA) for demanding in a letter recently that the Department of Justice fully investigate fraudulent foreclosures before coming to a settlement that lets the big banks off the hook. Cantwell rightfully insists that a final settlement must adequately compensate victims of the foreclosure crisis.

So, what would a fair settlement look like?

Forcing big banks to write down all underwater mortgages to market value would help stabilize the housing market while helping families and our economy get back on track. Widespread principal reduction would save Washington homeowners $496 per month, add a total annual stimulus of more than $1.4 billion, and create more than 20,000 jobs.

Those are big numbers, especially in a struggling economy.  Fewer families would lose their homes, more money would go in homeowners’ pockets, and more jobs would be created—all resulting in a stronger economy.

It’s no secret that Washington has been hit hard by the foreclosure crisis. According to a recent report by the New Bottom Line, there are currently 238,476 underwater mortgages in Washington.

RealtyTrac reports that Washington had over 29,398 homes go through foreclosure in the first six months of 2011.

Imagine the entire population of SeaTac getting evicted in just half a year.  That’s the scale of this problem.

A national study by the Center for Responsible Lending found that black and Latino borrowers, respectively, were 76 and 71 percent more likely than whites to experience foreclosure.

You don’t have to look hard to find people who are impacted. At church every Sunday we hear of another family that’s been foreclosed on, or is facing foreclosure.

It’s clear to us the impact underwriting principal could have on our lives and the lives of those in our communities. An additional $496 per month could save someone’s home. It could determine whether a family that can afford to put food on the table. It would pump much-needed money and jobs into our economy and set us on a path toward recovery.

History has shown that letting big banks off the hook does not help our communities. After being bailed out by taxpayer dollars, the big banks saw their profits skyrocket, while low and middle-class families have carried the burden of the financial crisis.

The big banks need to be held accountable for their role in crashing our economy and Washington State residents deserve tangible results.  We have a chance to do right by families throughout the country by require the banks to write down all underwater mortgages to market value.

If Rob McKenna settles for anything less, it’s a clear sign that the big banks are more important than the millions of middle class families who are suffering.



  • Diogenes

    What date should McKenna use to set the new property values?  Will the banks get to revalue the mortgages upwards as property values increase?  What effect will the loss of income have on bank solvency, requiring the intervention of the FDIC?  If someone takes out a loan in the expectation of making money on the bubble, why is that person less of a greedy fool than the person who lent the money?  And on and on…

  • Blue Light

    Fiscal advice from the tax-exempt, agenda-ed and broke.
    No thanks.

  • Godwin

    Yes, and I suppose your alternative is for the Fed t continue to print money as they continue to purchase this fraudulent debt. Your call. BTW, what happened to your gun nut buddy Monster? Is he in the Beacon hill green belt in his cammys?

  • Charles Wiggins

    Yes, and collapse the current  ‘for profit’ banking industry as we know it (perhaps a necessary evil?). This would force the banks to value the assets, and adjust the banks books, to current market … rather than continue to pretend that they are worth what they lent on them in the middle of their self created, self inflated, self serving bubble.

    I’m not holding my breath that Mr. McKenna, or any ‘politician’ will do any more than talk. They seem good at that. Talking.

    Anybody who thinks that the ‘powers that be’ value the middle class more ( or care about its suffering) than the big banks needs only to look at the history of the last ten years.  It isn’t what they say, it is what they do that is a “clear sign”.

  • Anonymous

    If someone attempted to buy a home to live in and support their family, and then found their home prices dropped to half what they purchased them home for based on the shenanigans of bankers who knew this was BS….

  • Beep

    Tough luck?  If they could afford it at the time, it’s just something they’ll just have to ride out.  

  • Verd1n

    And if the banks are required to write down their loans, made at the time on properly assessed properties by the way, we must assume, that are now under water due to economic issues not necessarily of their doing, how about giving money back to investors who have seen their pension assets go down to zero?  Stocks that went TU like Braniff, BR Communications, Pan Am, Eastern, etc.?

  • Bark More Wag Less

    And those of us who didn’t fuck up and over extend ourselves, lived within our means, and understood what the “A” stood for in an ARM….what do we get from the gub’ment?

  • Blue Light

    a bill

  • Blue Light

    and derision

  • Bark More Wag Less

    So ‘same old same old’.

  • http://www.twitter.com/joeszi Joe Szilagyi

    “And those of us who didn’t fuck up and over extend ourselves, lived within our means, and understood what the “A” stood for in an ARM….what do we get from the gub’ment?”

    The government paid off the bills for the banks that overextended themselves, didn’t live within their means, and who didn’t understand what the “A” in ARM stood for.

  • Bark More Wag Less

    Well, that was my money in those banks…and yours. Would you have preferred they failed?

    BTW TARP has been paid by by the banks WITH interest. Taxpayers actually profited. So let’s have the same expectation from morons who failed to understand that ‘adjustable’ actually means ‘adjustable’. Sure, you can get bailed out, but you have to pay it back, with interest.

  • http://twitter.com/SocialApocalyps Social Apocalypse

    Banks will never agree to this. When their assets (outstanding balances on mortgages) are adjusted to ACTUAL value, they will be insolvent. It will never, ever happen.  I hope Mr. McKenna is NOT pandering to the banks in the settlement agreements.  His recent lawsuit against Recontrust (Bank of America’s company) is a GOOD sign that he can fearlessly take on both the banksters AND the Republicans. Hope springs eternal, and Mr. McKenna is still the recipient of my benefit of the doubt… SO FAR.

  • http://www.twitter.com/joeszi Joe Szilagyi

    Yes, etc., etc., but the fact remains that we have a massive clusterfuck that could have been fixed at the same time on the consumer side. They did only 1/3 of the job. They had to rescue the banks–I’d rather not have had a second actual Depression, or worse. They had to bail out homeowners, distasteful to some as it may have equally been. That’s 2/3. The final 1/3 would have been iron clad regulations to change lending practices to prevent the bullshit that led up to this.

    Pretty much everyone goddamn failed, on this.

  • Anonymous

    Utter nonsense from the Pastor.  The lender and the lendee have legal, contractual rights, which are being entirely ignored in this punitive proposal of a one-size fits all “solution.”

  • Guest

    Absolutely agreed. TARP was good policy – it just didn’t solve the whole problem. We needed to help the banks, but we also need help for homeowners and better regulation. Dodd-Frank is better than nothing but not good enough. 

  • Bark More Wag Less

    Well at last, we agree. Credit  is a privilege, not a right. It should be given to the credit worthy, not any moron with a pulse.

    Luckily the banks have tightened their rules; see how hard it is for the uncreditworthy to gets  mortgage these days. My only reward from this has been a 4.1%, 30 yr fixed refi with no costs from my bank. 

  • Fgruben

    The real estate bubble was caused by greedy homeowners. Not banks. Not mortgage lenders. If there was any “fraud” done in a mortgage loan, it was on the behalf of the borrower. Yeah, banks made money on it. But it was greed that now has many people in foreclosure. Mr. Willis’s idea is certainly noble, but it is wrong. People losing their homes is certainly a bad thing. From a personal scale, I know some people that have lost their home, to a national scale, the housing industry contributes a large amount of jobs to America. While it is nice to target banks as the boogie man here ( and in my opinion, banks are not your friend!!!!), it is/was personal greed that has got us into this position. After all, the people went and borrowed the money. They got the money. They bought a house or refinanced. There was personal choice involved. Many people lived within their means, or rented. Why should they have to bail out someone that was greedy???

  • Pay your bills

    So they can get a new set of rims and a Caribbean cruise.

  • Kanye

    Did Mr. McKenna agree to take a loan out and pay it back?  If so this is a pretty easy case. Are you suggesting people don’t honor their commitments?  I hear a lot of that these days…

    If people don’t honor thier commitments the economy will fall apart. period. 

    At the end of the day the responsible people who payback their commitments will pay for the misdeeds of those who don’t.  But for how long can you keep up your free ride?

  • Diogenes

    The collapse of the bubble was caused by improvident borrowers. 

    The bubble itself was caused a wave of cheap money that had to find somewhere to go.   Bankers, mortgage brokers, security underwriters, and others developed a host of mecanisms to inflate the bubble so they could collect a toll along the way.

    The cheap money came from China thanks to American consumption junkies unable to distinguish wants from needs.

  • Anonymous

    > The real estate bubble was caused by greedy homeowners. Not banks. Not mortgage lenders.

    I think there’s more than enough blame to go around to all three.

  • Jakers

    that is generally how I feel. When I refinanced my home to add on to it, the mortgage broker kept telling me to do an interest only or an option arm and I stuck to my guns of getting only a 30 years fixed rate loan. I could pay it then, I can pay it today, even with my house value being near underwater. Sure people lose jobs and can’t pay their loans, but that is the risk both they and banks (who hire and pay for very smart people to run) make. Some times bad things happen to good people, but they can rent until they get back on their feet and banks can take the loses.

  • Jakers

    We got from the government exactly what we wanted…fiscal policy under the Bush administration and many years of republican-controlled congress that continued to overheat the economy and provide for cheap money that created this problem in the first place.

  • repete

    Don’t forget to factor in the idiotic 0-15% down.

  • Pay your bills

    Well, you won’t get rewarded for good behaviour. The far left only rewards you for fucking up.

  • Jakers

    That’s BS, Rs reward people, too. It’s how politics work.

  • Rob

    It’s amazing the amount of misinformation going on in these comment threads. I have to wonder whether you are a professional astroturfer or willfully ignorant.

    Here’s what Taibbi wrote (sorry for the long quote)

    “For one thing, we know, because of investigations like Carl Levin’s inquiry into Washington Mutual and its subsidiary Long Beach,
    that these banks were often well aware that fly-by-night lenders like
    Countrywide and Long Beach were committing fraud on a massive scale –
    and bought their loans anyway, knowing they could still sell them off on
    the secondary market.

    In 2005, for instance, Washington Mutual did an
    internal audit of two of Long Beach’s biggest offices, one in Downey,
    California, and one in Montebello, California. They found that 53 percent of the Downey loans involved some type of fraud, while the number in Montebello was 83 percent.
    The internal investigation drummed up the usual litany of unsafe
    financial sexual practices, using white-out to disguise low income
    levels, cutting and pasting info from good borrowers onto the loan
    applications of less worthy applicants, and so on.So you know what WaMu did about all that fraud they found? Zip.

    The company overrode its auditors and sold those phony
    loans off into the market anyway. And internally, they did nothing to
    change lending practices. WaMu did a follow-up investigation in 2007,
    and found the fraud rate at Montebello was still 62 percent.

    So forget about the banks being dragged, kicking and screaming, to take on even legitimate loans
    for unworthy, overextended homeowners. Not only did the banks willingly
    take on every conceivable real home loan, government-backed or not –
    they even wanted the fraudulent loans, the loans that were not just
    likely to fail but virtually guaranteed to fail.

    Why? Because they could. Because they were making huge
    profits hawking these bad loans to third-party customers who didn’t know
    what they were buying.

    But here’s the real kicker: when the banks milked the
    Countrywides and Long Beaches dry, and ran out of real people with
    pulses to lend homes to, they went out and made derivative copies of
    those “unworthy” lenders supposedly forced upon them by Barney Frank,
    and sold those copies off on the secondary market.

    In other words, they were so “reluctant” to give that
    Oakland janitor a house that once they had his loan on their books, they
    promptly Xerox-copied him in the form of synthetic derivatives
    (essentially, bets on his home loan) and sold him off in five, ten,
    fifteen different directions. Janitor takes out home loan, bank tells
    two friends, and those friends tell two friends, and so on, and so on.
    The banks sold every one of those endlessly-replicating little squares
    and made cold hard cash each time

    Read more: http://www.rollingstone.com/politics/blogs/taibblog/one-last-note-on-michael-bloomberg-20111105#ixzz1hySOKNil

    The information is out there  – for those who are interested.

  • FrequentPoster

    Lawrence Willis obviously doesn’t realize how mortgages work. “The banks” hold very few mortgages. The vast majority of them have been sliced and diced and then combined into bonds whose interest coupons come from the monthly mortgage payments.

    This is not 1958, when your lender was the local savings & loan that originated, held, and serviced the mortgage. Those days are long, long gone, and trying to impose a solution that fails to recognize it is sheer fantasy. I’m sure the good reverend feels great about himself for proposing it, but it’s not going to happen because it cannot happen.

    What could be done is a comprehensive examination of the Freddie and Fannie portfolio to see what’s good and what isn’t. But even there, my suspicion is that people who can’t pay, say $2,500 a month, probably can’t pay $1,500 a month either. In any case, the discussion here (and in many places) where it’s assumed that this or that bank holds individual mortgages is simply ignorant of the realities.

  • FrequentPoster

    There’s no “lender.” There is a bond. The pastor is 50 years behind the times.

  • Bark More Wag Less

    So where’s my reward for living within my means and paying all my bills?

  • Bark More Wag Less

    I agree, it was outrageous that the poor cold get loans from the banks. Luckily, that has ended.

  • Rob

    There’s one for the willfully ignorant column.

  • http://www.granthammond.com/ Grant Hammond

    I feel the same way Joe. I feel like I’m getting to pay for everyone’s greed by paying my own bills and living within my means.

  • R Traci

    and I with20%down and all of whatever needed, am now going to have lost everything I ever worked for, and retire without much of anything left and i am treated like the dead beat??

  • Anonymous

    Homeowners who are underwater in their mortgages may be able to refinance at today’s low interest rates without having to appraise out thanks to new rules see your refinance rate at 123 Refinance

  • DontWasteMyDough

    How about my alternative proposal:

    Minimum 20% downpayment required + good credit history for a loan

    …and if you can’t afford to buy a home under those terms (now or in hindsight), go rent a damned apartment.

  • http://foreclosureattorneysnow.org/ Foreclosure Attorneys

    And that will definitely create a big difference.

  • FrequentPoster

    I bought my first house with 10% down, but had to pay private mortgage insurance. It was a meaningful nut, and caused me to pay down principal as fast as I could. The income and asset verification process was almost laughably thorough, so when I heard about “no-doc” loans later on I was surprised, to say the least.

  • repete

    If you are going to strawman someone, you need to be just a teeny bit subtle.  Heeping a false dichotomy on top is a Seattle favorite.  But doing it with such vigor is comedy.

  • Sarajane Siegfriedt

    I have been advocating exactly this solution for over a year. Not only is it the best thing to jump-start economic recovery, it is the only meaningful way to do loan modifications. Until now, most modifications simply lower the payments by extending the loan. Wall Street banks in 2008 convinced the Financial Accounting Standards Board that they should not write down their loan portfolios to much lower market value, but instead carry them at full face value until they are paid or foreclosed. Bank investment analysts are well aware that this accounting policy greatly inflates and misrepresents their book value. This is one reason Bank of America shares have fallen to $5. Writing down all underwater mortgages would appropriately allocate the loss of value, as well as giving investors more certainty of bank share values. However, Freddie and Fannie own most of these mortgages, and so far the have refused to lift a finger to help homeowners.