![]() |
Real Estate News and Advice |
November 11, 2009 |
|
|
|
|
|
Should We Postpone Foreclosures?
by Peter G. Miller
A huge outpouring of contributions and caring have followed Hurricane Katrina, evidence of both generosity and decency that should be applauded. But each day the impact of Katrina becomes less newsworthy and we will soon be back to business-as-usual. The legal and financial system will rapidly come into play, and with normality needless levels of hardship will follow. Hundreds of thousands of people have lost their homes and cars, two major items likely to be financed. They have also lost their jobs and thus the ability to pay bills. As a result there are now calls for the suspension of foreclosure proceedings in Louisiana and Mississippi and the delay of new and tougher federal bankruptcy rules scheduled to start in mid-October. There is surely an attraction to such proposals, and historic precedence as well. In 1983, as an example, the Farmers Home Administration placed a two-year moratorium on farm foreclosures while in 1985 Iowa had a state-wide moratorium on farm properties. As to delaying federal rules, that can be done by Congress and the President in an afternoon. But once we're done with the moratoriums and delays, we will ultimately need to deal with the problem that mortgages worth billions of dollars were once secured by real estate, real estate that is now devalued because of Katrina. Since payments are not being made, many note holders will seek foreclosures -- quietly at first, more openly in the future. Note holders, in fairness, have a legitimate claim to the income and principal associated with their investments. Alternatively, the logic of foreclosures in the aftermath of Katrina is elusive. We now have great numbers of loans secured by properties that are uninhabitable, unsafe, can't be rented, can't be sold and will cost big money to make right. Foreclosure in such circumstances makes no sense because the interests of neither the borrower nor the property owner are advanced. We have seen this before. In the Dust Bowl years in the 1930s banks would foreclose on farms. Since the farms had no value, the banks would knock down homes to discourage squatters -- as Woodie Guthrie explained, families were "tractored out by the cats." The country reacted. Under Franklin Roosevelt, we established the Federal Housing Administration in the 1930s and the FHA popularized long-term loans in place of then-common five-year "term" mortgages. With longer loans it became possible to better withstand financial downturns. Last Thursday evening, President Bush told the nation that as a result of Katrina "Congress has provided, more than $60 billion. This is an unprecedented response to an unprecedented crisis, which demonstrates the compassion and resolve of our nation." However, notably missing from the President's speech were several actions taken earlier by the Executive Branch. The President forgot to mention that he immediately suspended the 1931 Davis-Bacon Act in areas impacted by Hurricane Katrina. This is the federal law which assures that workers on government construction projects will receive the prevailing wage -- in New Orleans that means about $9 an hour. (See: Bush Suspends Pay Act In Areas Hit by Storm,, The Washington Post, September 9, 2005) Let's do the math: $9 x 2,000 hours per year = $18,000 in wages -- before taxes. This is the wage level the President wants to reduce. Mr. Bush failed to mention that well before his speech FEMA handed out five no-bid contracts worth as much as $100 million -- each. (See: No-Bid Contracts Win Katrina Work, The Wall Street Journal, September 12, 2005. "The first large-scale contracts related to Hurricane Katrina," said the Journal, "as in Iraq, were awarded without competitive bidding, and using so-called cost-plus provisions that guarantee contractors a certain profit regardless of how much they spend." How wonderful. Our national government wants to assure that people who have lost everything will not earn $18,000 a year while multi-billion dollar corporations are guaranteed huge profits. The initiatives announced to date are simply insufficient to cope with the destruction and havoc created by Katrina. We need to go much further. For instance:
Our federal government now has a historic opportunity to be both conservative and compassionate. The list above is a just a starting point. For more articles by Peter G. Miller, please press here. Published: September 20, 2005 Use of this article without permission is a violation of federal copyright laws. Related Articles:
|
Real Estate News Network
Today's Real Estate Outlook
Mortgage Rates
30 Year Fixed: 4.98% 15 Year Fixed: 4.40% 1 Year Adj: 4.47% (U.S. Weekly Averages) Today's Headlines
Spotlight
|
|||||||||||||||||
| ||||||||||||||||||
|
for Agents
Readers' Choice
|
||||||||||||||||||