Mortgage investors may sue on modified loans

toomuchtime_

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Dec 29, 2008
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WASHINGTON (MarketWatch) -- The White House plan announced Wednesday to help as many as 9 million homeowners avoid foreclosure was greeted with generally positive reaction by homeowners and mortgage servicers that are responsible for collecting monthly loan payments.

But many private mortgage investors, owners of trillions of dollars worth of mortgage-backed securities considered to be at the center of the financial crisis, are less impressed. Many are preparing to file lawsuits against the banks and other financial institutions that service mortgages.

At issue is an Obama mortgage program that is designed to help homeowners struggling with loans to refinance or modify their mortgages. However, for many mortgage investors, dozens, hundreds, or thousands of modified mortgages violate existing contracts between them and borrowers.
"If you have servicers voluntarily restructuring mortgages, that's where you could see some litigation because the servicers would be restructuring the mortgages, but the investors would be taking the losses," said Michael Bopp, partner and chair of the Gibson Dunn & Crutcher's financial markets crisis group.

Mortgage investors may sue on modified loans - MarketWatch

However, the House is considering legislation that is supported by Obama that will protect mortgage servicers from lawsuits by investors, but this will probably be opposed by trial lawyers, an important Democrat constituency.
 
The great american way ...
If you cant steal it .... sue!!!!
 
how? the banks took the tax payers money, 700 billion minimum worth, for those risky mortgages they issued...?
 
how? the banks took the tax payers money, 700 billion minimum worth, for those risky mortgages they issued...?

Not exactly. The banks sold the government assets and equity for a little over $300 billion from the first half of the TARP money. Obama is now deciding how to spend the second half, $350 billion, and he is proposing to spend some of it to pay incentives to mortgage servicers and and borrowers to refinance mortgages in ways that mortgage investors say will reduce the value of their investments. At issue is Obama's plan to make a cash payment to the mortgage servicer for each mortgage it lowers the monthly payment on, and investors say that produces a conflict of interest which might result in mortgages being modified to get the cash payment and not because they would result in foreclosures otherwise.
 
What a mess. Someone, somewhere needs to pay a price...and the only logical thing to do is do what helps the economy overall.
 
I don't understand the motivation here.

These houses are in danger of going into foreclosure. If that happens don't these investors get hosed?
 
how? the banks took the tax payers money, 700 billion minimum worth, for those risky mortgages they issued...?

Not exactly. The banks sold the government assets and equity for a little over $300 billion from the first half of the TARP money. Obama is now deciding how to spend the second half, $350 billion, and he is proposing to spend some of it to pay incentives to mortgage servicers and and borrowers to refinance mortgages in ways that mortgage investors say will reduce the value of their investments. At issue is Obama's plan to make a cash payment to the mortgage servicer for each mortgage it lowers the monthly payment on, and investors say that produces a conflict of interest which might result in mortgages being modified to get the cash payment and not because they would result in foreclosures otherwise.

oh my gosh....you can't be serious, that they are bitching about this?

For goodness sakes, if these customers are not bailed out, these banks get NOTHING but a foreclosed home, that they will be sitting on for a very long time, with no payments at all being made on it and on top of all of the the value of the home would even go down lower with more and more foreclosures on the market and the bank would be taking in even less...

these greedy, slimey son of a bitches want us to pay their losses as well?

SCREW THEM....they are at least getting money every month for the property verses NOTHING in foreclosure, AS said.
 
how? the banks took the tax payers money, 700 billion minimum worth, for those risky mortgages they issued...?

Not exactly. The banks sold the government assets and equity for a little over $300 billion from the first half of the TARP money. Obama is now deciding how to spend the second half, $350 billion, and he is proposing to spend some of it to pay incentives to mortgage servicers and and borrowers to refinance mortgages in ways that mortgage investors say will reduce the value of their investments. At issue is Obama's plan to make a cash payment to the mortgage servicer for each mortgage it lowers the monthly payment on, and investors say that produces a conflict of interest which might result in mortgages being modified to get the cash payment and not because they would result in foreclosures otherwise.

oh my gosh....you can't be serious, that they are bitching about this?

For goodness sakes, if these customers are not bailed out, these banks get NOTHING but a foreclosed home, that they will be sitting on for a very long time, with no payments at all being made on it and on top of all of the the value of the home would even go down lower with more and more foreclosures on the market and the bank would be taking in even less...

these greedy, slimey son of a bitches want us to pay their losses as well?

SCREW THEM....they are at least getting money every month for the property verses NOTHING in foreclosure, AS said.

These are not the bankers who are threatening to sue. These are private investors, among them pension funds, charitable trusts, university trusts, mutual funds many people have in their 401k's, etc., who bought mortgage backed securities issued by the banks. Obama's plan offers reduced payments at the expense of the above investors, to anyone whose monthly payment is more than 31% of their gross income. That means the mortgage servicer, not necessarily the bank that issued the mortgage, can get a cash payment to include people who are making timely payments and that can lead to a conflict of interest.

Another problem is that a key element in the Financial Stability Plan presented by Geithner is his intention to entice private investors to buy debt backed securities from the banks, exactly the same securities some private investors are complaining his housing bill is undermining, and in an unrelated article, S&P is predicting the credit crunch will intensify because investors are already reluctant to buy new debt backed securities regardless of the quality of the debt they are based on. Without being able to sell these securities, banks will be unable to raise new capital for loans and the recession will continue to grow deeper and last longer.

Investor confidence is the key to economic recovery, especially investor confidence in these kinds of securities, and and to the extent Obama and the Congress undermine this confidence, they will be undermining their own recovery plan.
 
what would their stock be worth if the banks foreclosed?

if anyone should reap the profits, if any, when sold 10 years from now, it is us, the tax payers!
 
What a mess. Someone, somewhere needs to pay a price...and the only logical thing to do is do what helps the economy overall.

You would think so, wouldn't you? But while everyone agrees that to turn the economy around the financial system must be recapitalized, regardless of whether the banks are nationalized or privately held, however, Dodd and Frank have unequivocally stated they will not put up anymore money to rescue the financial system and nationalizing the banks is not only unpopular with the general public but will chase private capital out of the system, as we saw happen today, so the decision on how to address the financial system's problems will be based at least as much on popular politics as on economics.
 
Not exactly. The banks sold the government assets and equity for a little over $300 billion from the first half of the TARP money. Obama is now deciding how to spend the second half, $350 billion, and he is proposing to spend some of it to pay incentives to mortgage servicers and and borrowers to refinance mortgages in ways that mortgage investors say will reduce the value of their investments. At issue is Obama's plan to make a cash payment to the mortgage servicer for each mortgage it lowers the monthly payment on, and investors say that produces a conflict of interest which might result in mortgages being modified to get the cash payment and not because they would result in foreclosures otherwise.

oh my gosh....you can't be serious, that they are bitching about this?

For goodness sakes, if these customers are not bailed out, these banks get NOTHING but a foreclosed home, that they will be sitting on for a very long time, with no payments at all being made on it and on top of all of the the value of the home would even go down lower with more and more foreclosures on the market and the bank would be taking in even less...

these greedy, slimey son of a bitches want us to pay their losses as well?

SCREW THEM....they are at least getting money every month for the property verses NOTHING in foreclosure, AS said.

These are not the bankers who are threatening to sue. These are private investors, among them pension funds, charitable trusts, university trusts, mutual funds many people have in their 401k's, etc., who bought mortgage backed securities issued by the banks. Obama's plan offers reduced payments at the expense of the above investors, to anyone whose monthly payment is more than 31% of their gross income. That means the mortgage servicer, not necessarily the bank that issued the mortgage, can get a cash payment to include people who are making timely payments and that can lead to a conflict of interest.

Another problem is that a key element in the Financial Stability Plan presented by Geithner is his intention to entice private investors to buy debt backed securities from the banks, exactly the same securities some private investors are complaining his housing bill is undermining, and in an unrelated article, S&P is predicting the credit crunch will intensify because investors are already reluctant to buy new debt backed securities regardless of the quality of the debt they are based on. Without being able to sell these securities, banks will be unable to raise new capital for loans and the recession will continue to grow deeper and last longer.

Investor confidence is the key to economic recovery, especially investor confidence in these kinds of securities, and and to the extent Obama and the Congress undermine this confidence, they will be undermining their own recovery plan.

if all of the 3 trillion put out there, was used from the get go on helping people keep their homes then every end of the financial spectrum involved in this, would have been helped, mbs-included....and including me, who paid cash for her home in 2006 and have seen nothing but it lose value since....., no?
 
what would their stock be worth if the banks foreclosed?

if anyone should reap the profits, if any, when sold 10 years from now, it is us, the tax payers!

You're missing the point. Obama is offering to pay a cash fee to mortgage servicers to to modifiy the mortgages of people who are not in danger of default if their monthly payment is more than 31% of their gross income.
 
oh my gosh....you can't be serious, that they are bitching about this?

For goodness sakes, if these customers are not bailed out, these banks get NOTHING but a foreclosed home, that they will be sitting on for a very long time, with no payments at all being made on it and on top of all of the the value of the home would even go down lower with more and more foreclosures on the market and the bank would be taking in even less...

these greedy, slimey son of a bitches want us to pay their losses as well?

SCREW THEM....they are at least getting money every month for the property verses NOTHING in foreclosure, AS said.

These are not the bankers who are threatening to sue. These are private investors, among them pension funds, charitable trusts, university trusts, mutual funds many people have in their 401k's, etc., who bought mortgage backed securities issued by the banks. Obama's plan offers reduced payments at the expense of the above investors, to anyone whose monthly payment is more than 31% of their gross income. That means the mortgage servicer, not necessarily the bank that issued the mortgage, can get a cash payment to include people who are making timely payments and that can lead to a conflict of interest.

Another problem is that a key element in the Financial Stability Plan presented by Geithner is his intention to entice private investors to buy debt backed securities from the banks, exactly the same securities some private investors are complaining his housing bill is undermining, and in an unrelated article, S&P is predicting the credit crunch will intensify because investors are already reluctant to buy new debt backed securities regardless of the quality of the debt they are based on. Without being able to sell these securities, banks will be unable to raise new capital for loans and the recession will continue to grow deeper and last longer.

Investor confidence is the key to economic recovery, especially investor confidence in these kinds of securities, and and to the extent Obama and the Congress undermine this confidence, they will be undermining their own recovery plan.

if all of the 3 trillion put out there, was used from the get go on helping people keep their homes then every end of the financial spectrum involved in this, would have been helped, mbs-included....and including me, who paid cash for her home in 2006 and have seen nothing but it lose value since....., no?

I don't know. If it revived the market for debt backed securities maybe it would, but according to Geithner that market began to dry up back in 2006 when these securities were still rated AAA, so I'm not sure what it would take to revive that market today when we've all been calling them toxic assets. These are not text book problems we are dealing with, but going by the similar experiences Japan and Sweden went through, the way to turn the economy around would seem to be by recapitalizing the banks, perhaps after nationalizing some of them or perhaps by other means. The estimates I've seen say that would take about $2 trillion of taxpayer money, but if we do it properly, we should be able to get nearly all of that back once the economy recovers.
 

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