November 9, 2017
Thursday’s Advocacy & Think Tank Roundup
- Freedom Debt Relief (Freedom) is in hot water. The Consumer Finance Protection Bureau (CFPB) accused the nation’s leading debt settlement entity of lying to its customers. Allegedly, Freedom misled its customers by claiming the entity’s capabilities to settle debt with third parties. Customers were “led to believe Freedom possessed clout” with creditors across the nation. Freedom purported to consumers it could use its clout to settle debt for lower rates than consumers attempting to do such on their own.
- The Urban Institute (UI) studied housing issues in rural communities across America. The study found rural communities, much like many Americans, cannot afford the housing in their local areas. For instance, Illinois minimum wage is $8.25 per hour; however, in order for one to afford a two-bedroom in Cairo, Illinois he or she must earn $13 per hour. Further, only 25% of housing is available for rent and new constructs are stale and non-existent.
November 9, 2017 | Permalink | No Comments
Wednesday’s Academic Roundup
- We Should Continue to Provide a Tax Break for Gains on the Sale of Owner-Occupied Houses (As N. Harold Buchanan), Buchanan
- Enhancing Affordability of Roof-Top Solar Using Communications, Jhunjhunwala and Kaur
- Seizing Family Homes from the Innocent: Can the Eighth Amendment Protect Minorities and the Poor from Excessive Punishment in Civil Forfeiture?, Rulli
- Quality Uncertainty in Housing Markets, Martel
November 8, 2017 | Permalink | No Comments
November 7, 2017
Insuring Sustainable Housing
I posted Insuring Sustainable Housing to SSRN (and BePress). The abstract reads,
Today’s FHA suffered from many of the same unrealistic underwriting assumptions that have done in so many lenders during the 2000s. It had also been harmed, like other lenders, by a housing market as bad as any seen since the Great Depression. As a result, the federal government announced in 2013 that the FHA would require the first bailout in its history. At the same time that it faced these financial challenges, the FHA has also come under attack for the poor execution of some of its policies to expand homeownership. Leading commentators have called for the federal government to stop employing the FHA to do anything other than provide liquidity to the low end of the mortgage market. These arguments rely on a couple of examples of programs that were clearly failures but they fail to address the FHA’s long history of undertaking comparable initiatives. This article takes the long view and demonstrates that the FHA has a history of successfully undertaking new homeownership programs. At the same time, the article identifies flaws in the FHA model that should be addressed in order to prevent them from occurring if the FHA were to undertake similar initiatives in the future.
This short article is drawn from Underwriting Sustainable Homeownership: The Federal Housing Administration and The Low Down Payment Loan, 50 GA. L. REV. 1019 (2016).
November 7, 2017 | Permalink | No Comments
Tuesday’s Regulatory & Legislative Roundup
- Though the Trump Administration is aiming to dethrone Consumer Financial Protection Bureau’s leader, Richard Cordray. Cordray recently was found not guilty for his alleged Hatch Act violation. As a result, the Trump administration will have to determine another way to eject Cordray from office. Furthermore, the Office of Special Counsel found no evidence to convict Cordray of a violation.
- The Republican’s Tax Reform plan will not pass without a fight. Tax cuts and the Jobs Act will reek havoc on the mortgage industry by decreasing mortgage interest deductions and reducing the time-frames in which a homeowner may claim a capital gains exemption. According to critics, the impact will affect California more than any other state.
November 7, 2017 | Permalink | No Comments
November 6, 2017
A Shortage of Short Sales
Calvin Zhang of the Federal Reserve Bank of Philadelphia has posted A Shortage of Short Sales: Explaining the Under-Utilization of a Foreclosure Alternative to SSRN. The abstract reads,
The Great Recession led to widespread mortgage defaults, with borrowers resorting to both foreclosures and short sales to resolve their defaults. I first quantify the economic impact of foreclosures relative to short sales by comparing the home price implications of both. After accounting for omitted variable bias, I find that homes selling as a short sale transact at 8.5% higher prices on average than those that sell after foreclosure. Short sales also exert smaller negative externalities than foreclosures, with one short sale decreasing nearby property values by one percentage point less than a foreclosure. So why weren’t short sales more prevalent? These home-price benefits did not increase the prevalence of short sales because free rents during foreclosures caused more borrowers to select foreclosures, even though higher advances led servicers to prefer more short sales. In states with longer foreclosure timelines, the benefits from foreclosures increased for borrowers, so short sales were less utilized. I find that one standard deviation increase in the average length of the foreclosure process decreased the short sale share by 0.35-0.45 standard deviation. My results suggest that policies that increase the relative attractiveness of short sales could help stabilize distressed housing markets.
The paper highlights the importance of aligning incentives in the mortgage market among lenders, investors, servicers and borrowers. Zhang makes this clear in his conclusion:
While these individual results seem small in magnitude, the total economic impact is big because of how large the real estate market is. A back-of-the-envelope calculation suggests that having 5% more short sales than foreclosures would have saved up to $5.8 billion in housing wealth between 2007 and 2011. Thus, there needs to be more incentives for short sales to be done. The government and GSEs already began encouraging short sales by offering programs like HAFA [Home Affordable Foreclosure Alternatives] starting in 2009 to increase the benefits of short sales for both the borrower and the servicer, but more could be done such as decreasing foreclosure timelines. If we can continue to increase the incentives to do short sales so that they become more popular than foreclosures, future housing downturns may not be as extreme or last as long. (29)
November 6, 2017 | Permalink | No Comments
Monday’s Adjudication Roundup
- Three non-tribal couples attempted to challenge Washington’s property tax; however, a federal judge dismissed the claims due to the state’s lack of enforcement. Further, the couple has not attempted to use their tribe’s tribunal system nor any administrative process. As support for their claims, the couples cite the marketability of their homes.
- Two men pled guilty to their role in a scheme to defraud banks which yielded the pair $3.5 million in illegally earned income. Simon Curanaj, 62 and Michael Arruoyo, 59 pled guilty in a federal court in the first week of November. Their cunning scheme entailed obtaining home equity loans from banks, a practice known as “shotgunning.”
- Moody’s Investor Service Inc.(Moody’s) is back in federal court for their ratings on mortgage-backed-securities which misled investors and consumers. Federal Home Loan Bank of Boston, re-initiated a suit against Moody alleging the entity falsely stated “the quality of $5.7 billion in risky mortgage-backed securities.“
November 6, 2017 | Permalink | No Comments


