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Senator Richard Shelby, Republican - Alabama, the ranking member for the Committee on Banking, Housing, and Urban Affairs has made several TV appearances lately discussing the progress being made on the mortgage bailout bill coming soon from Congress. No one yet knows what the full extent of the bailout bill will be, and they do not like calling it a bailout bill, but that is what it is no matter what it is. Here’s why:

When low income people go for an initial or refinancing mortgage loan they almost always include some aspect of bill consolidation into the loan in order for to qualify for it. I myself have had 5 conventional fixed rate loans and have included some bill consolidation into 3 of them to improve my cash flow as I upgraded to larger and larger homes. What this means is that other personal debts such as auto loans, credit card balances, and the like are included in the hundreds of billions of defaulting loans that we taxpayers will now subsidize.

I spoke with 10 people I know in the past week. All of them have included bill consolidation into at least one home mortgage or second mortgage loan, 100%. Three of them bought SUVs and used the mortgage to retire the loans, and one covered his four-wheeler loan. I know of one fellow who consolidated his credit card balances of over $30K. It seems he had to run up the cards to make ends meet because he was sticking his pay check up his nose and had several gambling markers outstanding.

It just makes sense to consolidate high interest bills into a lower interest home mortgage to improve one's cash flow so that one can over-buy, while also getting a mortgage interest tax write-off. Almost all people will do this at some time in their life, but lower income people are the most prone to do it. Many mortgage companies required it to get these now defunct mortgages in the first place. The problem here is that many of the recent and pending foreclosures probably would not have occurred without the added loan principal to cover bill consolidations.

So, when the mortgage bailout bill comes from Congress, just be aware of why your income is being redistributed to lower income, or in some cases higher income, people. You are not being asked to lend a helping hand to a pitiful group of unfortunates which through no fault of their own now find themselves on hard times because they were victims of unscrupulous lenders. You are being asked to refinance automobiles, big screens, four-wheelers, drug habits, gambling debts, country club bills, and the like.

I wrote an article a few months back on Seeking Alpha entitled “Saving the Economy with IRA Funds”. The article received very polarized reviews because touching IRA funds is a very sensitive issue, and I must admit that I left a few open switches as to how it would all work. The article was subsequently reviewed by Allan Meltser, Arthur Segel, and Ellen Zentner, and received positive comments ranging from “interesting” to “fool proof”.

I still believe that Congress should act first to enable the responsible homeowners, like myself, who wish to pay off their mortgage balances with their IRA funds with no additional tax or penalty for early withdrawal, to do so while holding their homes in their IRA accounts as collateral. This would amount to an interest free secured loan by the homeowner to himself. It would allow him to be his own banker and save hundreds of thousands in interest payments to the irresponsible mortgage brokers that got us into this mess.

This would also help to recapitalize some mortgage lenders, would result in more tax revenue without increasing taxes due to not having the mortgage interest write-off, and would be a huge economic stimulus package - targeted at the people who deserve it most, financially responsible Americans. 

The only sensible way to cover the bad mortgage loans is to place them squarely on the mortgage companies (C, WM, WB, NCC, LEH, FNM, FRE, BBT, RF, STT, STI, etc.) that issued or bought them. I am an independent and have not agreed with President Bush on many things during the last painful eight years, but I agree with him on this issue. I hope he quickly vetoes any bill that smells of a bailout and pray that congress will not have the votes to override him.

Disclosure: Short WM.

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This article has 13 comments:

  •  
    Let's get real on the "bailout" bill. FNMA/FHLMC are not the crooks here. Their leadership put in place by Bill Clinton (Franklin Raines and Company) took $57 million in bonus after they "cooked the books". How are those guys not in jail.

    The concept of the GSE's is brilliant and led to a wonderful mortgage secondary market of quality loans. FHA, VA and normal FNMA/FHLMC loans are not the problem today. The low to moderate income legislation forced agencies to make bad loans to those people...hence, that is their small portfolio of bad loans. The only real problem is the GSE's were raped by the management.

    I wonder if Franklin Raines and James Johnston made large contributions to the Clintons as "repayment"?? That would be a good research project.
    2008 Jul 21 08:05 AM | Link | Reply
  •  
    the 2 gse are just to big to let competion in the mortgage business work. thus, make 12 units of them and deprive them of the state help, so they are not privileged banks compared to all others.
    i dont think interest rates would rise - maybe in the beginning, but then competion will work its way through the system and interests should decline.
    2008 Jul 21 09:35 AM | Link | Reply
  •  
    Very informative and disturbing. I had a minimal amount of sympathy for the people losing their homes and now have even less. The banks were irresponsible in consolidating their debt and it ticks me off that people don't buy what they can afford instead of trying to live large.
    2008 Jul 21 12:24 PM | Link | Reply
  •  
    Paying for homes from IRA withdrawal without tax and penalty is rewarding fiscal imprudence for some and penalsing fiscal responsible people. At the same time, it pushes present problem of falling home equity to more poor old folks whenever they come to age of retirment. Then what? It is better to administer the bitter pill now and seek correct solution then to pass the issue for more misery tomorrow.....
    2008 Jul 21 02:31 PM | Link | Reply
  •  
    We say we are capitalist and believe in free interprise. This is not free interprise. Let the market take its course. If a bank or lending company looses it business so be it. I have always believed that value never looses value and if that is so someone will pick up the pieces from that bank or lending company. I believe if this is to be the case these banks and lending companies will find some way to stay in business and maybe learn a valuable lesson.
    2008 Jul 21 02:57 PM | Link | Reply
  •  
    Every mortgage/banking executive should have to refund all bonus received over the last ten years to cover any "bailout" before the first penny of taxpayer money is used. I imagine that all those executives would find some other way to "survive" without a bailout if the bailout was going to hurt their own personal deep pockets. Or at least there would be some justice.
    2008 Jul 21 04:26 PM | Link | Reply
  •  
    Foreclosures have been rising at great speed since October , 2007 .

    The timing is matching exactly the slumps at financial stock market .

    These home owners who lost their homes might be the same victims who have suffered grave loss , over the slumps .

    Those who stored their savings in bank stocks which had been stable for about 5 years , would lost most severely .

    They are simple , hard working people but victimized by the naked shorters .

    The immense power of naked short selling drove the bank stock pricings lower than lowest .

    SEC allowed such unlawful manipulation , one article indicated that some published records have shown that some short sold shares were not delivered for over 200 days .

    SEC announced emergency measures to police naked shorting on last Wednesday and somehow two days later , nullify the effect of their own measures by exempting the market makers .

    The requirement of delivering the shares short sold by the next day seems reasonable under the computerized system .

    Naked shortings in the now distressed economy intensify the vicious cycle that spirals towards economic destruction .

    The government has a duty to serve the general public .

    The bailout or whatever one names it , is a measure to reverse the cycle towards a better economy .

    Why not ? I know , you short sellers , don't agree .

    2008 Jul 22 03:29 AM | Link | Reply
  •  
    i do not want to help the stupid borrowers who refused to live within their means or the greedy lenders who loaned to these people. USER229893 GREAT IDEA. GALLOP i am glad to see blame placed there and agree but there was a lot of stupid lending right down the food chain too. what i would like is to let the market settle it as A SIMPLER WAY suggests. i as someone who owes no one and has over time saved am infuriated at the taxation through inflation and that other tax dollars are being used. FRIEND the market is a dangerous place. those same bank stock investors recieved dividends and hoped to increase share price. i hate to see anyone hurt but if we want to protect their losses then we must protect every loss. i would never sell naked puts or uncovered calls it looks way to dangerous to me. however if we want it to stop in one sector in fairness should it not stop across the board. we do not have a free market. i wish we did. government cannot keep their dirty little hands out of anything it seems. as much as i would love to see the guilty suffer i feel like there is a gun to our heads if we let justice take the proper course. it is a conundrum that started long ago when the federalis first began to break their chains and to usurp the constitution. we were warned not to allow a national bank.
    2008 Jul 22 02:24 PM | Link | Reply
  •  
    Folks seem to forget the "greed" of the companies who made these loans also was perpetuated by the greed of the stockholders who wanted big dividends but didn't care how they were achieved. Not to mention in the last few years FNMA and FHLMC have been pushed by the government to make more home loans available to low income borrowers which contributed to the problems we face today. How many people across the country have been guilty of "cashing-in" on properties in areas which were known to be overvalued by as much as 80%+ forcing the overvaluing higher and higher till it burst? How many of us shop at Walmart or other big name stores who purchase a great deal of their mechandise from overseas which causes jobs to be lost here and people unable to pay their bills? How many of us find ways to use less oil vs. just throwing up their hands and continuing to drive, etc. as they have in the past which drove up the price of fuel forcing some people to quit their jobs because they couldn't afford the gas to get there?The list of contributors is long and in short there is no one place to point fingers of blame for the crisis at hand, but we all need to be part of the solution instead of worrying about who to hold responsible because in one way or another most of us are.
    2008 Jul 23 09:14 PM | Link | Reply
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    USER229893's idea is right on. Hey folks, send your next email to your congressman to pass laws and demand that regulators hold CEOs financially accountable. Enough of this crap where CEOs rake it in while behaving like used-car salesmen for their stock, then screw the company, employees, shareholders, and general public with either their incompetence or devious manipulations, and lastly raid the company coffers on the way out the door. It was former President Lincoln who predicted that if our great nation, with its freedoms to allow men/(women) to pursue that which is in their best (honorable) interests, shall ever fail, surely it will be from within and not at the hands of an outside enemy. Failing from within stems from the inability or unwillingness to discipline negative behaviors and vices within our midst. Abusing CEOs will never stop their arrogance unless we make them. Are you willing and able to work towards passing laws and pressuring regulators to hold CEOs accountable and to give back all their profits when they screw things up and cause great harm to others? Let's get CEO risks and rewards back into balance. The higher the CEO pay, the more potential liability they should face. Email your elected representatives! Most importantly, demand that our regulators stiffen their backbones and do their jobs!!!
    2008 Jul 23 10:29 PM | Link | Reply
  •  
    Thinker68: Agree that greed and indifference is the root of the ills you've listed. Solutions? Establish expectations, consequences and follow through. "Follow through" , however you want to sugar-coat it, means assessing blame and exacting punishment, or at least do not shield from the natural consequences. I do not believe in bailouts as this sheilds the trangressor from their natural consequences and may even encourage the errant behavior. Further, it is just plain not fair to those of us who live more prudently and do without on a regualr basis so as not to overextend ourselves or incur too much risk. I know about a dozen families who have lost their homes to foreclosure. Everyone is a bit chagrined, admits they lived beyond their means and is not whining for a bailout, but would happily accept one if offered same as if they won the sweepstakes. Everyone has adjusted their living arrangements and is alive and well. They are moving on and forward. I worked for a mortgage bank. They knew full well what they were doing, and loved raking in the handsome profits and bonuses. The loan brokers loved their commissions and were giddy with the knowledge that they faced zero risks no matter what their loan applications contained. The investors who purchased the mortgage securities from the lenders "believed" the securities had little risk, without doing their due diligence in researching the risks. If you purchased a stock based on a hot tip you overheard on the commuter train, and it went south, wouldn't you expect to take a loss and kick yourself for not doing your research? Well, investors of mortgage securities are huge, professional portfolio and/or fund managers, with research staffs and volumes of data (resources not readily available to you and me). Furthermore, analyzing investments is their fulltime job. They knew better, but got lazy or overzealous. None of these folks (borrowers, lenders, investors) should be bailed out. If anything, they should be punished for screwing up the economy for the rest of us. If they go under, so be it. Something that is not working right should be dumped. and make way for new beginnings. The pain from the failures will no doubt be felt by those who failed, but justly so. Gotta clean out the infection so the wound can heal, right? Unfortunately, the pain will ripple out to all of us, and there's no avoiding that. But, hey, we prudent ones have grit and can survive anything.
    Let's get realistic on the gov't's bailout plans. The big investors and lenders are balling and wailing (albeit in private) to the gov't to help alleviate their pain. If gov't can stop the decline in home values, that would utimately help their portfolios. If the gov't can increase the money supply (by extending certain credit facilities), that would help their liquidity problems. If the gov't can keep interest rates low, that would help them raise needed capital and forestall futher foreclosures and further home value declines. See who the gov't is helping? (We are in for a huge in wallup of inflation, eventually.) Oh yes, this is election year, so let's make it look like we're concerned about poor little folks who were innocent victims because that strikes a chord with the common voter, and we need those votes.

    I can take a little pain. Let's have no bailouts. Let whomever will fail, fail, and we'll all pick up the peices and move on. Moving on should include blaming the abuses where they occurred and put a control in place to minimize re-occrrence of the abuse.
    2008 Jul 23 11:55 PM | Link | Reply
  •  
    •  • Website: http://www.u4prez.com
    Anybody who thinks that the Federal Reserve or government regulators are ``on their side``, also probably believed that `dot com` and housing prices were going to keep `going up` forever.


    I won`t say anything about the government regulators except that `by their fruit you will know them`, but the Federal Reserve is owned by the banks, so get a clue. The banks have a virtual `call option` on a hefty chunk of our labor and wealth provided to them by the Federal Reserve. In other words, even if they lose money, their downside is limited, just like it was for the income-challenged people who took out low-up-front-cost loans for housing that they couldn`t otherwise afford, people who could live in a nice house for at least awhile and maybe even make a bunch of money on the deal `down the road`. It would be the fiduciary duty of anyone offered a deal like that to grab it and run, especially if they had children who had never had a chance `to live in a nice house in nice neighborhood`.


    And who can blame the banks for taking us up on a similar deal? If the deal goes well, then they get `filthy rich`, if not, they get time to spend all the money OUR SYSTEM has tossed into their laps. Tough choice.


    As we learned in `Quality Improvement Process 101`, the problem is never `the people`. The problem is always THE SYSTEM. Unless (and until) we fix THE SYSTEM, the same bad things will keep happening, over and over. The fault lies not with the borrowers and the banks wo profit from THE SYSTEM, but with our ancestors for letting this SYSTEM get set up, and with ourselves for letting a SYSTEM continue which incentivizes activities that lead to our own destruction.


    First thing we need for our NEW SYSTEM is our own, debt-free U.S. Government currency, backed by all the real estate within the nation`s borders (of which property the U.S. government is the actual owner...`legal` owners are granted `legal exclusive right of use` by an `actual` owner, valid until such time as the actual owner changes its mind or becomes unable to defend its ownership claim). Since banks will no longer be able to print the our new currency to cover their losses, and since we will no longer be dependent upon banks to maintain a flow of credit, banks should become more conservative in their lending and speculation. We should also get rid of FDIC insurance to further encourage such a change.


    While we are at it, we should replace all income-related taxes with a 1/2% electronic transfer (aka debit) tax which will be avoidable by the use of cash. This will not only rid us of the IRS (saving us the billions of dollars currently spent on `tax reporting`), it will also end the current system`s penalization of work and entrepreneurism, and release for investment purposes untold billions currently spent on `tax avoidance`. This debit tax will not only be more of a tax on wealth than labor and be (arguably) voluntarily-paid, it will also act to discourage excessive short-term market speculation and will raise enough revenue to begin paying off the National Debt, a debt which will no longer be growing once we have switched over to our own debt-free currency. We will also apply any Federal Reserve dollars that are swapped for our new currency toward paying off the National Debt.


    Since the U.S. government has, by granting `exclusive rights of use`, denied everyone free access to all of its property, and since the U.S. government has not compensated everyone for that `taking`, we should elect a Congress that will pay every legal U.S. resident `Adequate and Equal Just Compensation for Denial of Free Access to U.S. Property`, compensation which WILL FUNCTIONALLY REPLACE ALL FORMS OF PERSONAL AND CORPORATE WELFARE, SUBSIDIES AND BOONDOGGLES, including the rescindance of Federal Minimum Wage laws and a phase-out of the Social Security system. (Once everyone is getting `Denial of Free Access` compensation their whole lives, it would seem arguable that the vast majority of people will be able to save enough to be able to comfortably cease working at some point in their lives.)


    As a starting point, $1000 per month (of the new, non-Federal-Reserve, non-Debt-Money, as described above) should be paid to every legal adult resident (compensation of minors should, of course, be held `in trust` to avoid incentivizing baby factories). Since everyone gets the same amount, this compensation plan is not wealth redistributive, but will give the least wealthy the biggest advantage (in terms of monthly percentage increase of wealth) and a better chance to `catch up` than the current system that keeps the rich getting relatively richer through good times and bad.


    Once this NEW SYSTEM gets going, we should expect people in other countries to insist that their governments either emulate our NEW SYSTEM, or else apply for U.S. statehood as The Republic of Texas did in 1845.


    Benefits of the new system should include better childcare, less poverty, less crime, cheaper government and a safer world. All in favor, help spread the word.
    2008 Aug 29 04:52 PM | Link | Reply
  •  
    Plan B: The Mortgage Investment Bill
    for Reviving the Economy

    by Stan Muse

    The Federal Reserve is out of Federal Funds rate options and now the Congress is about to pass legislation which will be the largest bailout bill in the history of the world. Fannie Mae and Freddie Mac are now penny stocks with perhaps over 1000 bank failures yet to come. The American taxpayer will be told that they and their children will be writing big checks to rescue the Wall Street crooks and congressmen that caused all the problems, while receiving nothing in return.

    Anyone who has been following recent congressional hearings knows by now that this is unacceptable to Main Street, the voters who will be firing their congressmen for turning the USA into a socialist country. It is also widely believed that this bailout bill may not be embraced by Wall Street because of its onerous terms even if passed. Finally, it will not provide sufficient liquidity for improving the rest of the economy.

    A much more effective and fairer way to end our economic crisis is easily attainable. To state it simply, all Congress has to do is to pass a Mortgage Investment bill which allows individuals a one-time option to use some of the funds in their IRAs to pay off their mortgage balance in full, without any penalty, interest, or taxes for doing so. In return, individuals choosing to exercise this option give up their mortgage interest tax deduction for life. This bill could be passed quickly and independently of any other economy-related legislation currently being debated, or included in the current bill. Individuals choosing this option would need sufficient IRA funds to pay mortgage balance in full. The actual payment to the individual’s mortgage company would be done by the IRA managing institution to avoid fraud.

    As one senator recently stated, ‘for most people their home is their IRA’. For many others, their 401-K plans hold many trillions of dollars, much of which by now is parked in money market funds or T-bills as mine is. If these IRA funds could be released to pay off mortgages, we could possibly avert, or at least significantly shorten, the economic recession we now find ourselves in. In fact, no other bailout legislation may even be necessary, although more regulatory legislation is certainly needed.

    I asked Allan Meltzer, Arthur Segel, and Ellen Zentner to review this proposal and received some positive responses. Ellen said it seemed to be fool-proof and better than a reverse mortgage. In fact, it is a no-brainer for the homeowner with a large 401-K balance, and for the government. The only people who might object, as Ellen stated, are the bankers who want to keep homeowners dependant on them, especially those in the upper-income group. But even the bankers can not want the government to own a large stake in their business for a multitude of reasons.

    It makes sense to allow people to use their IRA money, which they earned, to invest in the best and safest investment they could ever make, their home. Presumably they will need a place to live in retirement on a fixed income. It makes no sense for someone with more than enough IRA funds to cover their mortgage balance to loose their home because they lost their job and can not pay their mortgage. It also makes sense because it is not some form of government bailout which rewards the bad behavior of mortgage companies and unqualified borrowers. Instead, it rewards the good behavior of those who have saved and invested in the economy

    If only 5 million people chose this option, for an average of only $200,000 each, the result would be $1 Trillion in paid-off mortgages, providing liquidity to the mortgage industry. By executing the option, an individual’s annual mortgage payment would become disposable income to put back into the economy or back into IRA accounts. To the individual, the effect is the same as lowering taxes. If only 5 Million people were able to put back $20,000 per year into the economy, the result would be a $100 Billion per year stimulus package for many years to come.

    In my case, with $800K in IRAs and a secure pension, I would increase disposable income by $1600 per month while reducing the IRA balance by only $160K, but saving over $120K in future interest payments. I could retire, which I can not afford to now, and leave my six figure job to someone else. I could also quickly replenish the IRA money used to pay off my mortgage with the extra income.

    Adding a further provision to delay receiving Social Security payments for a year in order to exercise the option would be a baby step towards privatization of Social Security. Anyone financially able to exercise the option should be able to delay the payments. For every 5 million people choosing the option, approximately $100 Billion would remain in the Social Security fund. This could fix our problems with Social Security for good.

    Some of the benefits of this plan would be to:

    • Immediately increase an individual’s or married couple’s disposable income by tens of thousands of dollars each year while enabling them to become debt free, helping families to stay together
    • Save homeowners hundreds of thousands of dollars in mortgage interest payments
    • Encourage individual IRA savings by many who have never saved
    • Allow many people to retire earlier than they otherwise could
    • Create demand for housing, reducing inventory, and stopping the decline in home prices
    • Stimulate the overall economy, creating and saving jobs
    • Not cost the government anything, and actually Increase federal, state, and local tax revenues by eliminating individual mortgage interest tax deductions, without raising tax rates
    • Force the banks to sell their good loan assets to cover their bad loan losses, instead of forcing the taxpayer to buy their worst loans, and increase liquidity for new loans to those who need them
    • Allow the free market economy to work through the crisis rather than resorting to socialism
    • Not increase the national debt nor the money supply as a bailout would do and contribute to inflation
    • Allow the individual home owner to the freedom to become their own banker with the money they earn, reducing America’s dependence on bankers, and changing America from renters and borrowers to homeowners and savers


    The merits of this simple plan, the Mortgage Investment bill, for saving the economy, instead of trillions of dollars for a Wall Street bailout which will socialize the finance industry, are obvious and would benefit everyone involved. The individual gets more disposable income and a chance to live debt free, the capital markets get needed liquidity, the government collects more taxes and collects them sooner at the expense of the bankers, the housing market gets more demand, and the general economy gets a much needed boost for the next few years.

    Democrats should like this plan because they can claim that it lets the wealthy pay for this mess. Republicans should like it because it increases disposable income, which has the same effect the same lowering taxes. The average voter should like it because it addresses all segments of the economy with a huge economic stimulus package, not just Wall Street, and costs nothing while helping to pay off the national debt and potentially fixing Social Security.
    2008 Oct 01 10:37 PM | Link | Reply