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Mortgage crisis hits home for working families

December 24, 2007

By the time Audrey Buchite finished recounting her family’s financial fall to the brink of losing their Zimmerman home, you could hear a pin drop in Sen. Norm Coleman’s public forum on the mortgage and foreclosure crisis.

A special education paraprofessional, Buchite and her husband, Randy, a residential framer, took out a 30-year, fixed-rate mortgage to buy their home. But as the Twin Cities housing market slowed, Randy found jobs hard to come by, and the family struggled to make its house payments.

Now, Audrey says, the Buchites have sacrificed all they can. Randy spends most of the week working a low-wage job in Brainerd, away from his family. Their oldest daughter graduated from high school last spring, gave her parents her college savings and took a job at Walgreen’s.

“Our savings are gone,” Audrey told Sen. Coleman and a panel of housing and lending industry representatives at the forum Nov. 20 in Minneapolis. “We’ve lost our health insurance. Our life insurance is about to go, and our credit rating will suffer.”

The Buchites are hardly alone.

Nationally, foreclosures have more than tripled in the past few years, and core cities have been hit hardest. Minnesota, Coleman said, “leads the nation in home ownership,” but the state’s foreclosure rate ranks fourth nationally – and not in a good way. The Twin Cities area alone will see an estimated $1.6 billion in lost property as a result of foreclosures.

What is Coleman’s answer to the swelling foreclosure crisis? It’s muddled, at best.

At the forum, the senator vowed to “raise the clarion call” to his colleagues on the issue, and he pledged to push more federal resources into mortgage counseling that would steer home buyers away from subprime and adjustable-rate loans.

Coleman also touted his proposal to allow homeowners in danger of defaulting on bad loans to draw down their retirement savings without facing tax penalties, as long as those withdrawals are paid back within three years.

Critics, though, say Coleman is fiddling while Rome burns.

For starters, statistics show that families in danger of losing their homes as a result of bad loans are less likely than most others to contribute to retirement savings accounts.

Brandon Nessen, executive director of Minnesota ACORN, a grassroots group that has been organizing communities around the issue of housing since 1981, said the overwhelming majority of families his organization counsels through foreclosures “do not have major investments that they can tap into.”

“I don’t think that Norm Coleman’s proposal comes close to addressing the foreclosure crisis in a meaningful way for average Minnesotans,” Nessen said. “The nature of the senator’s proposal really reflects a major disconnect and misunderstanding of the issue.”

Instead, critics say Coleman’s approach to the mortgage crisis reveals his loyalty to the financial corporations that created the mess in the first place. In fact, the CEO of the Mortgage Bankers Association called Coleman’s legislation “the kind of flexible, creative solution” the country needs.

That drew sharp derision from Coleman’s former political party. In a statement, the Minnesota DFL labeled his plan “superficial” and in line with Republicans’ “tried and true” practice of putting corporate interests first.

According to Nessen, real progress on the issue will not come until lawmakers put homeowners first and hold lenders accountable for selling bad loans.

“Families were convinced to take an adjustable-rate mortgage when they first bought the home or when they were convinced to refinance,” Nessen said. “And they were told by their mortgage broker they would be able to refinance again before the rate adjusted, so they wouldn’t have to worry about making that increased payment.

“Not only were the mortgage brokers unethical for convincing families face to face to take bad mortgage products, but also the mortgage industry and the large investors behind those companies are responsible for the mess that’s been created.”

Nessen called the anti-predatory lending law passed in Minnesota last spring a good start – and a good model for Congress to follow. The law puts the onus on lenders to verify borrowers’ ability to repay loans, legally requires lenders and brokers to act in borrowers’ best interests and regulates kickbacks lenders give brokers for selling loans.

Many of those provisions are in the Mortgage Reform and Anti-Predatory Lending Act, introduced in the U.S. House this fall with strong backing from the AFL-CIO.

Further steps advocated by the AFL-CIO and groups like ACORN include requiring the lending industry to work with homeowners on loan modifications that would allow families to remain in their homes, and funding community outreach to identify families at risk of foreclosure before proceedings begin.

Time, though, is of the essence. With about 2.5 million adjustable-rate mortgages scheduled to reset to higher rates next year, lawmakers like Coleman need to act now to keep families like Audrey Buchite’s from losing their homes.

“Unless things turn around,” Buchite said, “there are a lot of people that are going to be in trouble.”

Michael Moore edits The Union Advocate, the official publication of the St. Paul Trades & Labor Assembly. Visit the Assembly’s website, www.stpaulunions.org

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Comments

twinsfansam's picture

Responcability

When should one place the blaim for this mess on the individual? If someone buys a home you need to consdier the actual cost not just the “get in the door” expence. I do not believe that all of these ARM loans were sold by crooks. Why isn’t my fault for buying a $300,000 home when I could only afford one half the price? Believe me that I agree this is all a tragedy that will ruin many lives. But please do not just use it to trash your political opponants. Come up with altenatives if your intent is to help solve the problem. My guess is that you would rather see it get worse so you can get rid of Norm in 2008. The hell if his plan saves even a portion of these struggling families from the street.

Bill Cullen's picture

Gov't protection eliminates choice

Is this what it has come to? Us minions are unable to determine what is good for us so our government has to pass laws to protect us from making stupid financial decisions? Sad, really.

Minnesota has now eliminated many of the “no-doc”, adjustable rate loans. These are the only loans available to many in the self-employed category because we do not have employer provided W-2s. Hence us small business people have had our options to purchase homes taken away from us by our government who thinks they know better than us. This is not good. Luckily, this no-doc guy is already in his home — and performing very well on my mortgage.

The problem here is pure greed. Homebuyers felt that one could not go wrong buying real estate, inexperienced loan officers grew out of the wood-work to meet the demand (heck, my UPS delivery person asked if I wanted to refinance my home — he was now a part-time loan officer!), and banks had easy access to cash via the Mortgage backed securities being sold and rapidly swallowed up.

The system failed because non-profits like Acorn cheered the increased home ownership when they should have been warning about the financial risks of the loans. And high risk loans were sold on Wall Street as low risk securities. Fix those ends of the spectrum and the problem is mostly solved.

But, PLEASE do not regulate away the financial tools of those that understand them and use them wisely. This article did not even attempt to discuss why these loans exist today and that some (responsible, educated) people benefit from them. It is disappointing that a writer would ignore the facts associated with a market problem and instead try to use it to further their political agenda. It is frightening to me that many out here agree with the simpleton solution.

FORECLOSURE FRAUD, Mortgage Mess, Judicial Collusion

Most critical to the Foreclosure Crisis is FORECLOSURE FRAUD. FORECLOSURE FRAUD enables MORTGAGE LENDERS to ILLEGALLY FLIP properties. It is HIGHLY COMMON for a DEBT COLLECTOR attorney to file a foreclosure naming a DEFUNCT mortgage company, or naming a mortgage company which is NO LONGER holder of the promissory note; or file a foreclosure affixing a “ransom” amount (the collector’s fee) far exceeding the “Acceleration Clause.” In States such as Louisiana, 2 particular mortgage companies which benefit from fraudulent foreclosures are Wells Fargo and FREDDIE MAC.

Any representation about $$$ billion dollar losses due to people defaulting on mortgages should be weighed against the fact that Freddie Mac and Wells Fargo needlessly pay DEBT COLLECTION firms outrageous legal fees for corporate lawyers to outmaneuver -and even persecute people who file court proceedings in opposition to fraudulent foreclosures.

Despite a property owner’s entitlement to Challenge CONTRARY-TO-LAW loss of his / her home, most property owners LACK consumer and legal knowledge; the Court System is REFRACTORY; and there are limited attorneys with acumen to pursue Consumer Law. Also, when borrowers sue for “Unfair Debt Collection Practices,” damages, the collector gets to make more $$ through prolonged litigation, as co-conspirators enjoy the foreclosure pie. Irrefutable proof of these things is posted on www.lawgrace.org.

Also, Securities Investors need to become more astute about how mortgage servicers’ misdeeds hurts borrowers as well as siphons incalculable amounts of money from what Investors should reap. (See “Limiting Abuse and Opportunism By Mortgage Servicers,” AND “Private Property Rights Deferred: Has Predatory Mortgage Servicing Destroyed The American Dream” by Rawle Andrews, Jr., Esq.,and Leroy Jones, Jr., J.D. Visit: http://www.msfraud.org/index.html.)

Here’s a few more links:

Mortgage Mess, Foreclosure Fraud and Impediments to Justice http://newsblaze.com/story/20071203130614tsop.nb/newsblaze/TOPSTORY/Top-....

ILLEGAL REAL ESTATE FLIPPING...
http://www.lawgrace.org/2007/06/21/illegal-real-estate-flipping-unfair-e...

Comment on the Foreclosure of Judge Reginald Badeaux’s Home
http://www.lawgrace.org/2007/12/08/my-december-7-2007-comment-posted-to-...

Barbara Ann Jackson
www.lawgrace.org

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