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California city becomes first to adopt eminent domain plan

RICHMOND, Calif./LOS ANGELES (Reuters) - The city of Richmond, California, said on Tuesday it will use its power of eminent domain, if necessary, to seize "underwater" mortgage loans to keep its residents in their homes, becoming the first U.S. municipality to adopt such an approach.

The northern California city, long plagued by poverty and crime, sent notice to the holders of more than 620 underwater home mortgages in the city, asking them to sell the loans to the city. It would buy the mortgages for 80 percent of the fair value of the homes, write them down and help the homeowners refinance their mortgages.

In the event the owners of the loans would not cooperate, the city would seize the loans using eminent domain, Mayor Gayle McLaughlin said.

A mortgage is underwater if its unpaid balance is greater than the fair market value of the home.

Richmond, where nearly half of its homeowners are underwater, plans further such actions in the future, officials said in a conference call with reporters Tuesday.

"Residents here in Richmond have been suffering for years thanks to the housing crisis Wall Street created and which Wall Street refuses to fix," said McLaughlin in a statement.

Numerous groups, including the National Association of Realtors, the American Bankers Association, and the Securities Industry and Financial Markets Association, have already voiced fierce opposition to using the threat of eminent domain to buy mortgages.

"It is very, very discouraging to see a municipality begin the process," Timothy Cameron, managing director and head of SIFMA's Asset Management Group, said in an interview. "What this does is destroys the contractual rights of investors along with their trust and confidence in the capital markets. I wouldn't be surprised if a lawsuit is filed by investors, quite frankly."

Eminent domain is normally used by cities to force the sale of homes if they obstruct the construction of a project deemed beneficial to the wider community, such as a road or bridge.

Using eminent domain to force banks and other investors to sell mortgages is a novel use of the legal doctrine, and one with little legal precedent.

Richmond is working with San Francisco-based Mortgage Resolution Partners, a private investment firm that has been pitching the plan to U.S. cities and municipalities for more than a year. MRP, raising money from private sources, would work with the city to obtain the financing to buy the distressed mortgages and restructure them. MRP would receive a fee for every troubled loan it restructured under the plan.

Bill Falik of MRP said mortgages are a form of property that can be seized by Richmond, whose housing market is languishing while other home markets in the San Francisco Bay area are rebounding.

"There are some communities coming out of this crisis," Falik said. "Richmond hasn't."

Kevin Whelan of the Home Defenders League, a group that is also working with Richmond on the plan, says other U.S. cities, including Newark, New Jersey, Seattle and Nevada's North Las Vegas, are watching Richmond's effort closely.

"Cities and communities all across the country have been looking for solutions for deeply distressed and underwater loans for some time," Whelan said.

Five years after the 2008 financial crisis, which was triggered by a collapse of the housing market, one in five U.S. mortgages is still underwater.

Out of 50 million U.S. homeowners, 10.2 million are still underwater, according to the National Association of Realtors.

In California alone, 2 million homeowners are underwater. Another 500,000 are delinquent on their mortgage payments, according to figures from ForeclosureRadar.com.

McLaughlin said Richmond expects responses to its letters no later than August 13 and that the Richmond city council will by September be in a position to begin with its program.

Doris Ducre said she hopes the program will help her reduce the principal on her home loan. She estimated the value of her four-bedroom home at $170,000 - well below the $300,000 it cost her.

"Any type of principal reduction would be great for me," said Ducre, who has 15 years to go on her 30 year mortgage.
I can see it already. No mortgage companies agree to write loans in the city anymore, homes prices plummet because no mortgages are available, everyone's homes is now underwater, the city siezes every home and is stuck with them since no mortgages are available, everyone leaves the dumb ass city.
 

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I break for old people
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This sounds like a good idea, but I feel like it's going to back fire, leaving the town to foot the bill and going completely broke in the long run.
 

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I'm just itching to be Banned
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California city becomes first to adopt eminent domain plan



I can see it already. No mortgage companies agree to write loans in the city anymore, homes prices plummet because no mortgages are available, everyone's homes is now underwater, the city siezes every home and is stuck with them since no mortgages are available, everyone leaves the dumb ass city.
I'm guessing this is a last ditch effort to keep whatever tax payers they have left in the area. When you've got a city with low budgets, no jobs, etc, what are you going to do? The article itself lists 50% of the entire city population as being underwater. That's a very real crisis, and something that the city has to proactively fight if it wants to avoid being the next Detroit.
 

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I'm thinking there's a flaw in the MRP plan when they state, "Bill Falik of MRP said mortgages are a form of property that can be seized by Richmond, whose housing market is languishing while other home markets in the San Francisco Bay area are rebounding."

Loans held as assets by banks/lenders cannot be seized via eminent domain. Think about the disruption that could have for financial markets. Loans aren't "real property", the properties securing the loans are. So I can see where the city could seize the property, subject to the loan and any other liens on on it, but the borrower would still be subject to the debt - deficiency balance, etc. Those terms are already in mortgage documents. So the city would have a property it could never sell and as the owner they would become liable for all events/conditions on the property, etc.

Almost as crazy as sovereign citizen claims.
 

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Discussion Starter #5
I'm with you ONE8T but I would love to see the courts let this play out to its end. It would be even better if the city's retirement account held the mortgage backed securities and had to take the 20% hit in the siezure instead of some other investor.
 

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Don't think the bankers & the lawyers will go for it, should be fun to watch;)
Agreed but the banks won't eat it really either way. Not sure why people think it's the banks money they're after , all the money the banks have basically belongs to someone that gives it to the bank to hold.
 

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Wants to be TheFlipperGray
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I hope this doesn't catch on, then I'll be fucked when it's time to purchase a house..

I'm looking forward to following the life cycle of this 'experiment' along with the court rulings.
 

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So let them foreclose. No taxes generated. City services go away. People leave. City dies ala Detroit.
Can't claim Eminent Domain? Why not? Oil & gas companies do it all the time if you refuse their buyout offer. Look into it. Happening at an alarming rate. So to recap -
Eminent Domain to keep people IN their houses - BAD
Eminent Domain to throw people OUT of their homes for corporate greed - GOOD. Got it...
 

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Discussion Starter #15
I read an update today. The city council has approved it and the FHA has already said they won't back any mortgages in the city if they do it.
 

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No updates on this recently except a thrown out court case by some bond holders. Federal judge called that right, you can't sue the city for something they're talking about doing. They'll have to wait and sue when the city attempts to do it.
 
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