Writing Down Mortgage Principal

by John K. McIlwain

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December 16, 2011

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John K. McIlwain, ULI senior resident fellow

The United States is four years into the housing recession and there is still no sign of recovery. Prices keep falling nationally despite local markets that have stabilized or are inching up. Years of mortgage modification and refinance programs have helped thousands while failing to stanch the ongoing flow of millions of foreclosures.

Low interest rates are allowing those with the best credit and with equity in their homes to save money while leaving those in the most need of help—those, that is, whose homes are underwater or who are struggling to make ends meet—without relief. Meanwhile, the economy continues to see a modest but jobless recovery.

Historically, it is housing that turns a recession around, but that seems unlikely to happen this time. Instead, the failure of the housing markets to find a bottom, to create the demand needed for increased production and sales, and to work through the excess supply is leading a growing number of economists and others to come to the view that something more fundamental is needed—namely, writing down the loans of those homeowners who are underwater.

Floyd Norris in a recent New York Times article quotes Kenneth Rogoff, a Harvard economist, as saying, “There is widespread agreement among economists that housing debt is at the heart of the slow recovery... and that finding a way to bring it down faster would accelerate the recovery.” Some, like Larry Simons, a former Assistant Secretary for Housing/Federal Housing Commissioner, have advocated paying down mortgages for several years, arguing that neither the administration nor Congress has yet understood the magnitude of the crisis or been willing to take the major steps needed to revive the markets. Others are just now coming to this view.

For instance, Martin Feldstein, a professor of economics at Harvard and chairman of the Council of Economic Advisors under President Reagan, recently wrote in the New York Times, “…the only real solution [is] permanently reducing the mortgage debt hanging over America.” William Dudley, the president of the Federal Reserve Bank of New York, in a speech in November at West Point, recommended, among other policy options, that “. . . borrowers who are ‘underwater’ on their loans but continue to make their monthly payments [be enabled] to earn accelerated principal reduction over time. . . .”

Why the calls for paying down the principal on the mortgages of homeowners who are underwater at this point? In broad terms, the fear is that the housing market is overcorrecting. Housing prices are at a point where they are widely affordable and are close to where they should be based on long-term trends. Already homeowners have lost more than $6 trillion in equity in their homes, yet home prices continue to fall—and seem likely to overshoot the correction that was needed back in 2007. As a result, homeowners are actually more heavily levered now than they were in 2007 due to the 30 percent fall in home values. (See the chart below, prepared by the Federal Reserve Bank of New York.)

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The continued fall in home prices is resulting in more underwater homes—which is stalling the normal functioning of the housing resale markets, keeping people from selling their homes so they can move to jobs, and continuing to push more homes into foreclosure. In other words, a vicious cycle has been created that—in the minds of a growing number of conservative and liberal thinkers—can be broken only by bailing out underwater homeowners.

The politics of any proposal along these lines is, to say the least, difficult. Understandably, taxpayers who were prudent and whose homes are not underwater may resent their tax dollars going to help those who now find themselves underwater, many of whom foolishly overleveraged their homes (and many of whom did not but were caught in the downdraft of housing values anyway). The issue of moral hazard also is a real concern. There is also the view held by some that the markets should just be allowed to correct themselves without the intervention of the government.

Important as these concerns are, the fact that the ongoing collapse of the housing markets is holding back the overall economic recovery should bear greater weight. And the cost of a write-off program would be less than the cost of allowing the markets to clear on their own for two reasons. First, less is lost when a loan is written down than when it is allowed to go into foreclosure in today’s weak markets. Second, it is possible for the government or lender to share in any subsequent price appreciation of the property in order to offset the original cost of paying down the mortgage; this also moderates any moral hazard.

From a purely political point of view, it could be argued that as the federal government bailed out the banks and the auto industry in order to get the economy moving again, why not bail out Mom and Pop if that is what is needed now? This at least might be the perspective of many in the Tea Party and the Occupy movements, the latter of which is just now turning its focus to foreclosures.

What would a program of principal reduction entail and could it be done comprehensively? There are now estimated to be between 11 million and 14 million underwater homes—roughly 25 percent of all homes with mortgages. While there are some in every state, they are heavily concentrated in California, Nevada, Arizona, Michigan, Florida, and Georgia. A study released by CoreLogic earlier this year estimates the total amount of negative equity to be in the range of $750 billion. Both the number of loans underwater and the total amount of this negative equity make the task of writing down these mortgages daunting.

The administration, however, controls some 80 percent of all outstanding mortgages through the Federal Housing Administration (FHA), Fannie Mae, and Freddie Mac. This suggests that it has the ability to begin a process that in time could result in the writedown of a large portion of underwater mortgages. For instance, the administration could start by having the FHA, over which it has the most unfettered control, create a process to identify these mortgages and write them down to an appropriate balance.

For it to instruct Fannie Mae and Freddie Mac to do the same would require the agreement of the Federal Housing Finance Agency (FHFA); to date, the FHFA has been reluctant to engage in principal reductions. A successful program at the FHA and growing pressure from both conservatives and liberals, however, might begin to change the views at the FHFA. The final 20 percent of mortgages is held by banks in their portfolios or in uninsured mortgage pools; these would likely be the most difficult to write down. That said, beginning a program that covers a large majority of underwater mortgages could go a long way toward stabilizing housing markets.

Unfortunately, the likelihood of such a program beginning during an election year is problematic, which means that the country will continue to drift through the housing recession for at least another year. What is becoming clear, however, is that some form of bold action is required to break the current vicious cycle of falling values, increasing numbers of underwater homes, foreclosures, and stalled demand. Whether or not writing down hundreds of billions of dollars’ worth of mortgage debt for U.S. homeowners is the best way to revive the economy and the housing markets, action on a scale well beyond anything proposed to date by Congress or the administration is needed to avoid years of ongoing stagnation.

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Comments (3)

Mr. John C. Burns - Irvine, CA wrote - on December 27, 2011 at 11:44 AM

I completely disagree, and so do policy makers who have studied the details. Call me at 949-870-1210 if you would like to discuss further. My email is jburns@realestateconsulting.com. Here are a few tidbits: 1 - The HAMP stats show that the real problem is debt/income ratios, and that even modifying the P&I so that the payment is 31% of income doesn't work for the vast majority of those who are in default. The median borrower in HAMP has 30%+ of their income going to other debt! The majority of those who are underwater, but can afford the payments, are still making the payments. 2 - The government has a budget problem, which will get much worse if we spend money by forgiving principal. Is this the right use of taxpayer money? How will this kickstart the economy. It is simply a handout to a minority. 3 - The logistics of principal forgiveness aren't as easy as you think. What kind of problems do you cause if your neighbor gets forgiveness and you do not, only because your loan is in a privately held mortgage backed security, even though you both got your loan from Wells? The list goes on and on. The one exception here is that I believe principal reductions can occur when both the borrower and the lender deem it to be in the interest of both. This is done on a 1 on 1 basis, just like it is done in commercial real estate, and it is going on today.

Mr. Gregory L. Cory - San Francisco, CA wrote - on December 20, 2011 at 1:00 PM

'Regardless of the details I am highly supportive of such a program or programs. Throughout this whole ordeal I've believed the banks should work with the home buyer to keep them in the property at whatever cost. The rush to foreclose has had a huge negative impact on whole communities driving down values on a wholesale basis regardless of the particular circumstances of individual homeowners. Add to this the incremental costs incurred by property damage to vacant homes, cost of maintenance being borne by the banks, and similar indirect costs and the damage is well beyond the direct reduction in equity value. And then there is the reduction in tax base being felt at the city and county level and the resulting reduction in essential services that has been felt. One has to believe that securitization of mortgages has fueled the fire, distancing the originator from the borrower. A mechanism to control FHA, Freddie, and Fannie would be a welcome step in the right direction.

Mr. Thomas E. Lucas - Scottsdale, AZ wrote - on December 19, 2011 at 4:59 PM

I agree with your premise. However, as we have seen banks (or the RMBS investors) have been unwilling to write down mortgages. The government regulators would have to devise a capital relief provision for them to take on those issues. I do support your idea. How about a TARP for homeowners underwater (H-TARP)? Assume you take $750B and have the government refinance underwater mortgages at 1%, with a 10 year amortization. The government receives a first deed of trust and 100% of the monthly P&I payments. The homeowner has more money to spend (or to pay down principal or save) since their payment will be lower. The government can then sell the mortgage package in a RMBS, likely to the banks, and put a US full faith and credit guaranty on the P&I stream. Therefore, this RMBS will have the same backing of a Treasury. Without trying to bite off too much in one program, you may want to consider making the interest on the H-TARP loans non-deductible. At 1% it is a small number, but the government is doing the homeowner a huge favor, so the quid pro quo is to eliminate the tax deduction. This accomplishes several goals: 1. Homeowners get lower payments and can pay down the principal faster, save or spend. The pay down strengthens the RMBS portfolio. The spending helps out the economy. The saving helps out in buying the next home or in planning for life's next big expenses (education, retirement, etc.). 2. The government will be able to get many non-performing loans off their books. 3. The markets hit hardest will have prices stabilize as fewer strategic defaults occur in the future. This allows appraisers to provide appraisals on homes that should be sold, but have been affected by the huge number of distress sales at lower prices. Thomas E. Lucas Senior Vice President DMB Associates, Inc The views expressed herein are my own and not attributable to my employer.

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