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http://www.nytimes.com/2007/12/01/business/01bank.htmlU.S. Urges Freezing Some Rates on Loans Times Topics: Mortgages and the Markets
By EDMUND L. ANDREWS
Published: December 1, 2007
WASHINGTON, Nov. 30 —
The Treasury Department is leaning on mortgage lenders to temporarily freeze the interest rates on subprime loans for homeowners threatened with foreclosure, but the scope of any relief will depend on crucial details. Treasury officials said Friday that they were “pleased by the progress” in persuading major lenders to freeze the comparatively low rates on hundreds of thousands of home loans that are scheduled to increase over the next 18 months.
About two million homeowners have subprime mortgages with teaser rates that are scheduled to jump 30 percent or more. Federal officials predict that about 500,000 of those families could lose their homes; some analysts warn that the number could be significantly higher.
Federal officials and industry executives refused on Friday to disclose specific details, which are likely to make the difference between a plan that shields hundreds of thousands of people and one that shields almost no one.
On Thursday, executives from several banks met with Treasury Secretary Henry M. Paulson Jr., as well as officials from the Federal Reserve and the other bank regulatory agencies. The meeting, first disclosed by The American Banker, included top executives at lenders like Citigroup, JPMorgan Chase, Wells Fargo and Washington Mutual. The meeting included the American Securitization Forum, which represents investors and Wall Street firms with a stake in the mortgage-backed securities.
Mr. Paulson may provide some details on Monday when he speaks to a housing conference. After Thursday’s meeting, industry officials said they were close to developing a standard for deciding which homeowners would qualify for a “loan modification” — a temporary freeze of their teaser rates — as well as how long the freeze would last.
But as of Friday night, there still appeared to be disagreements about the specifics. The chairman of the Federal Deposit Insurance Corporation, Sheila C. Bair, has argued in recent weeks that lenders should make the teaser rates permanent but has also said that a five-year freeze would provide a big help, according to government officials.
Industry executives have sought a shorter period with some recommending one year. One mortgage executive, speaking on condition of anonymity because the discussions are still fluid, described a three- to four-year freeze as the possible “sweet spot” for a compromise.
Advocates for distressed homeowners said a one-year freeze would do little to help troubled borrowers because few of them would be able to switch to a conventional mortgage with a lower rate in that time. A longer freeze would give homeowners time to build equity in their property or improve their credit ratings, both of which are crucial to obtaining lower rates. But a longer freeze would be costly to lenders and their investors.
“The tricky part is to figure out how to minimize the gaming,” said Kurt Pfotenhauer, senior vice president of the Mortgage Bankers Association. “All these people are contractually obligated to pay these loans on the terms they agreed to pay on. We need focus on people who, without this help, wouldn’t be able to stay in their homes.”
Several Democratic lawmakers praised Mr. Paulson’s effort to promote a systematic approach by the industry. “I am encouraged by reports of progress,” Representative Barney Frank of Massachusetts, chairman of the House Financial Services Committee, said. “If additional legislative action is necessary, we stand ready to work with the secretary as this process moves forward.”
But specialists warned that it was too soon to describe the effort as a breakthrough, and some advocates for homeowners were skeptical that a voluntary plan by lenders would bring much relief.
“We need an increase in loan-modification activity that is so dramatically above what’s happening in the marketplace that
it’s hard for a purely voluntary agreement to get the job done,” Eric Halperin, director of the Washington office of the Center for Responsible Lending, said.
Mr. Halperin, citing a report by Moody’s Investor Service, said mortgage servicing companies were modifying only about 1 percent of their troubled loans. One big reason, according to many specialists, is
the difficulty in reaching agreement between the companies that service a mortgage and the investment funds that actually own the loan.
But lenders and investors alike are under political pressure to come up with answers. House and Senate Democrats are pushing bills to stop so-called “predatory lending” that would restrict several practices that are common among subprime lenders.
Democrats are also trying to pass a bill that would authorize bankruptcy judges to change the terms of a mortgage to help people keep their homes. Industry executives adamantly oppose the proposal, saying it would dry up capital for mortgage financing by removing a pillar of security for investors.Within the industry, much of the struggle is between the original lenders and loan servicers on one side and investment funds that ended up owning the mortgages through complex investment securities on the other.
Many lenders have been willing to offer freezes, but investment funds are leery because they would shoulder most of the cost.Harvey L. Pitt, a former chairman of the Securities and Exchange Commission who is working for some hedge funds with a stake in the debate, predicted that
even a generous freeze would only benefit a minority of subprime borrowers.
Mr. Pitt said
a freeze would do nothing to help people who took out “no-documentation” loans, overstated their incomes and borrowed more than they could repay. Nor would a freeze help people whose mortgage is higher than the value of their homes. In the last two years, hundreds of thousands of people took out loans equal to the purchase cost of their houses — only to see housing prices decline.
One administration official said on Friday that Mr. Paulson was not trying to “bang heads together” in reaching an agreement.
But Randall Kroszner, a governor on the Federal Reserve Board who participated in the meeting on Thursday, said lenders and investors stood to lose less by modifying many mortgages than they would by foreclosing on a house.
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http://online.wsj.com/article/SB1196457089...=googlenews_wsjFreeze May Generate Heat
Paulson's Rate Proposal Will Confront
Challenges On Legal, Fairness IssuesDecember 1, 2007
No one should accuse Treasury Secretary Henry Paulson of thinking small. Sure, there has been some carping about the timing of his proposal to freeze interest-rate resets on some adjustable-rate subprime mortgages. After all,
he could have rolled out this idea months ago, and maybe headed off a lot of pain, rather than spending time orchestrating the bailout of banks' structured-investment vehicles. But what he is proposing now is vastly more ambitious -- and it faces longer odds.How so? Well, banks have good reasons to back the SIV bailout. In particular, they don't want SIVs to start dumping their $150 billion of financial-sector debt.
By contrast, mortgage-bond investors and securitization experts see freezing rate resets -- effectively lowering their returns -- as
a big negative for bonds stuffed full of the mortgage debt. For now, however, they appear to have weighed the probability of massive defaults on the $360 billion of mortgages due to reset by late next year against the lower stream of interest they will get if some of the resets are suspended, and concluded the latter is the lesser evil.
Henry Paulson is pushing an ambitious plan to help out holders of adjustable-rate mortgages.
That is no guarantee of Mr. Paulson's success. There will be plenty of big challenges, many of which may be unforeseen, because
no one has ever attempted to modify mortgages -- let alone those made to subprime borrowers -- on this scale.
Legal and operational obstacles will be formidable.
Just tracking down borrowers and determining the final resting place of their mortgages will be a nightmare.And there is the question of fairness. The cost of freezing rates will fall, in considerable part, upon holders of mortgage-backed bonds and collateralized debt obligations. Again, they could be still worse off if defaults escalated, but it is reasonable to expect some resistance from those asked to shoulder this burden.
Having the hard-charging Treasury secretary sponsor the plan increases its chances. It is prudent for banks to try to say "yes" when he asks a favor. But getting it to work may make persuading the Chinese government to allow its currency to appreciate look easy by comparison.
Rights to AppealThe rush by strapped U.S. financial institutions such as Citigroup, Freddie Mac and E*Trade Financial to raise capital highlights a weakness in American capitalism. New investors often get their stakes at bargain prices. Existing shareholders, meanwhile, can get severely diluted.
The system in many European countries of allowing existing shareholders first dibs, through a rights issue, is preferable. Here is how it typically works. A company that wants to raise capital offers its shareholders the right to buy a pro-rated amount of shares at a discount. An investor can either participate or sell the right. But in any case, existing shareholders are at least partially compensated for earnings dilution.
The system isn't perfect. Rights offerings are slow, typically taking a month from conception to execution. There can be limits on their size. When a company's capital needs dwarf its current market capitalization, it is virtually impossible to raise enough money with a rights issue.
And U.S. investors already have some defenses against dilution. Companies typically must seek shareholder approval before selling stakes totaling 20% or more of their shares outstanding. Boards, meanwhile, have a fiduciary duty to protect shareholders.
While that may limit abuses, the European system does a better job. But rights issues are unlikely to be embraced overnight here. Corporate boards may not like the expense or the limits on the amount of capital that can be raised.
And laws in a number of corporate domiciles pose problems. For example, companies incorporated in Delaware are barred from using rights issues, unless they have specifically stated their intent to do so in their articles of incorporation. But despite these hurdles, U.S. investors should fight for their rights.
--Dwight Cass and Robert Cyran
• This column is written by breakingviews.com, an online financial commentary site.