Tag Archives: foreclosures

Pre-Fourth Open Thread

A few things of interest as we head into the holiday weekend:

• That mortgage legislation that I noted passing the Assembly yesterday was quickly taken up in the Senate (there were some amendments in the Assembly bill so concurrence was needed, and it passed easily (the vote was 32-8).  The legislation will now be sent to the Governor and there are indications that he will sign it.  Because of the 2/3 vote it received, most of its provisions will take effect immediately.  It’s a decent first step but it had better not be the last.

• The new Cook Report ratings are out, and among the slew of seats where Democrats are gaining, one race in California has shifted:

CA-46    Dana Rohrabacher    Solid Republican to Likely Republican

That’s pretty big news.  Charlie Cook’s report is widely read by insiders, and clearly they are taking notice as to the strength of Debbie Cook’s campaign.  Joe Shaw, communications director for Cook’s campaign, calls it “the first Orange County congressional race to be considered competitive since Congresswoman Loretta Sanchez’s 1996 race against incumbent Bob Dornan.”

• In CA-04, Charlie Brown announced a whirlwind schedule for the 4th of July, participating in events in King’s Beach, Lincoln, Roseville, Grass Valley, Auburn, and Alturas.  Tom McClintock must have seen that and scrambled up on the plane from his Thousand Oaks redoubt, because he hastily scheduled a couple campaign events.  In fact, the two candidates will be in the same parade in Lincoln.  That should be fun.

Mortgage Legislation Passes Assembly – What’s In It?

Yesterday, the Assembly passed SB 1137, which would alter the mortgage industry in California and aid those in danger of losing their homes.  It got through the Assembly by one vote, with 10 Republicans voting with the Democrats.  The Senate will need to pass it again to conform to some amendments and then this will go quickly to the Governor’s desk.  As Frank Russo writes:

The bill that passed, SB 1137 is authored by Democratic Senators Don Perata, Ellen Corbett, and Michael Machado, and coauthored by Speaker of the Assembly Karen Bass and principal coauthor Assemblymember Ted Lieu, who presented it on the Assembly floor. It goes beyond federal laws and received broad support from consumer groups. The legislation requires lenders and servicers to: 1) contact borrowers (or engage in a prescribed process to do so) to schedule telephone or in-person meetings on restructuring options before beginning the foreclosure process, 2) requires a 60-day notice to be given to tenants of buildings facing foreclosure before they can be removed from a rental housing unit; and 3) allows fines of up to $1,000 a day for owners of foreclosed properties that fail to adequately maintain them.

I like aspects of this legislation, particularly the steps toward removing blight in homes that aren’t properly maintained, which is a big problem in heavily foreclosed areas.  But this bill is a watered-down supplement to the raft of bills presented by Ted Lieu earlier this year, which would have really reformed the mortgage market.  There would have been enhanced regulation, limits to penalties for prepayment, a requirement to translate loan terms to non-English speaking customers (yes, that’s not current law), eliminate yield spread premiums (which rewarded lenders for getting their customers into higher interest-rate loans) and gotten rid of weasel language in mortgage documents like involuntary legal waivers.  Almost all of those bills were gutted to the delight of the lending industry.  What’s in its place is vaguely helpful to borrowers, but not at all the industrywide reform that is needed to ensure that a runaway market like we saw a few years ago will never be repeated.  Lieu modeled his reforms after those in North Carolina, where they work very well.  This was a case of the lobbyists getting a hold of legislation before it could actually do any good.

Here’s Ted Lieu’s statement (on the flip):

“Senator Don Perata’s SB 1137 sends a strong message that the California State Legislature will go further than federal law to address the mortgage foreclosure crisis. Recently and unfortunately, the Senate Banking, Finance and Insurance committee killed a comprehensive package of Assembly mortgage reform bills based on industry’s argument that California should do nothing other than conform to federal law. SB 1137 is a clear and stunning rejection of the ultra-conservative industry argument that California has no role other than to follow the federal government. This bill shows we will lead, not just follow, and that relying on the same federal regulators that failed us during the mortgage crisis is not an option.

“California was the hardest hit and therefore needs to be at the forefront of creating such a comprehensive plan. Such states as New York and North Carolina have already passed comprehensive mortgage reform. It is time we do more.

“Again, I would like to commend Pro Tem Perata on his recognition that sensible mortgage reform requires California to go further than federal law. SB 1137 is a solid first step, but we certainly need to do more to address adequately the mortgage crisis. The Assembly already passed a solid package of comprehensive reforms to the Senate. The ball is now in the California Senate’s court.”

Sen. Mike Machado was instrumental in getting industry’s back and gutting the most far-reaching aspects of the Lieu bills, and Democrats in the Assembly gave some payback by killing most of the legislation he offered this year.  Rather than an elementary school slap-fight, it’d be nice if there was some conviction from the leadership to go beyond the most cosmetic solutions and fight for their constituents.

Non-Election Related Open Thread

There actually are some things going on outside the primaries, here’s what’s piqued my interest the past few days:

• Matt Stoller has more on the Barbara Boxer/climate change bill debacle.  What hurts the most is that she shut down any debate on the left flank, called progressive groups like Friends of the Earth “defeatists,” and pressed forward with a muddled bill that rewards polluting industries without doing the work necessary to provide pushback from the inevitable corporate-funded conservative narratives.  I wish she’d just pull it before she causes lasting damage; we’d be in a much better position next year to get something legitimate passed.

• Here’s a very good profile in The Nation of almost-a-Congressional candidate Lawrence Lessig and his “Change Congress” movement.  I’m kind of waiting for the innovative steps to get this done, but Lessig is a sharp guy.  He’s giving the keynote address at Netroots Nation next month.

• There’s an LA Times exploration of the various health care-related bills moving through the legislature.  They’re all fairly small-bore but I think they will improve the situation out here, by eliminating rescission, mandating that insurers spend 85% of premium revenue on treatment, and including more procedures in baseline coverage, like maternity.  As long as we have the insurance system, we need to do what we can to make sure it’s not as thieving as possible.

• There’s a new Field Poll on Arnold and the legislature out today that is a cavalcade of bad news – the right track/wrong track numbers are 22/68, the Governor’s approval rating is down to 41%, and the legislature is at 30%.  Californians don’t like their government right now.  Some leadership might solve the problem.

• The salmon are dying in the Sacramento/San Joaquin Delta because of ammonia runoff from sewage treatment plants, and purifying the Delta could cost up to $1 billion.

• Here’s another personal story of how the foreclosure crisis is hurting individuals, this one in the Central Valley town of Merced.  It’s impacting practically the entire economy of the town.  Just another example of the mess we’re in from over-speculation and lax oversight of the financial industry.  

Weekend Odds And Ends

Here are a few tidbits on this GOTV weekend!

• Obviously everyone is going to be working hard for their causes and candidates, so it may be a little quiet around here.  I’ll be out walking all day tomorrow.  Oh, and don’t vote for the racist guy, Bill Johnson, as a Judge of the Superior Court (Office number 125) in LA County.

• Yesterday was the deadline for bills to get passed out of their chamber of origin, and the Assembly passed major subprime mortgage legislation, without help from Republicans (6 of them abstained despite being seated right in the chamber).  This bill has some good homeowner assistance elements that will allow people to restructure their financing before foreclosure.  A mortgage bill has also passed the State Senate, so some form of legislation will hopefully get to the governor post haste.

• One of the biggest problems with the housing crisis is that, as home sale prices lower, homeowners are reassessing their value and getting their property tax lowered, decreasing state revenue yet more.

• Sticking in the shiv before riding off into the sunset, Fabian Nuñez writes a puzzling op-ed in the Sacramento Bee approving of the Governor’s horrible idea to borrow against future lottery revenue.  Considering that the only sustainable solution to the permanent crisis mode that we have in our budget is to reorganize the tax structure instead of constantly borrowing, I have no idea why any Democrat would veer so far off message and undermine the new Speaker’s ability to move forward.  What’s more, lotteries are regressive taxes on the poor.

• One spot where there will be a lot of action on Tuesday is in Ventura County, where Democrats now outnumber Republicans and which could have contested elections in the Assembly, Senate and US Congress.  However, the LA Times shows its political acumen by writing:

One of the more closely watched contests on Tuesday will be the Democratic primary in the 24th Congressional District. Insurance agent Mary Pallant of Oak Park; Marta Jorgensen, a Solvang educator; and Oxnard businesswoman Jill Martinez are running.

Marta Jorgensen quit the race over a month ago and endorsed Martinez.  Way to go, LAT.

• Excellent news out of Los Angeles: there’s been a $1 million dollar settlement with Hollywood Presbyterian Medical Center for their dumping homeless patients on Skid Row.  They will also be monitored by a US Attorney for five years.  This unethical practice has reached a reasonable conclusion.  Hollywood Presbyterian deserved punishment.

• Trying to get rid of marijuana grow houses in Arcata is like trying to get rid of the Pacific Ocean on the California coast.

Enjoy!

CA-42: Gary Miller’s Heebie-Jeebies

On Thursday the House of Representatives passed legislation that would provide federal underwriting for new loans to 500,000 homeowners at risk of foreclosures, as well as increase the limit on FHA loans to $729,750, include tax credits (which are loans to be paid back over 15 years) for first-time home buyers, tighten oversight of the lending industry and provide billions in grants to the states to buy and repair foreclosed homes for resale.  Every California Republican voted against it except one – Diamond Bar’s Gary Miller, not known as any kind of moderate squish (he voted with the majority of House Republicans 96% of the time last year).  The housing crisis is playing out in districts like his, and Miller can’t afford to ignore it.

…Miller, a land developer, called the housing downturn the most serious one he had seen in more than 30 years. “I really wish I could support my Republican colleagues,” he said. “But I’m very concerned about the marketplace.

“A lot of people are losing their homes,” he added. “That not only hurts them, but the neighbors around them because of foreclosure. Their home value drops.” […]

Miller, whose district includes parts of Los Angeles, San Bernardino and Orange counties, disputes the Republican portrayal of the bill as a bailout. Under the measure, lenders must agree to take a significant loss on a homeowner’s debt in return for a federal guarantee that the reduced loan will be repaid.

“I’m not in any way supporting the concept of bailing people out who made bad decisions,” Miller said. “But things happen in life. . . . There are a lot of innocent people out there.”

Here’s why this is notable.  Miller is one of the greediest and most unscrupulous developers out there.  In fact, part of his calculus may just be that it’ll help bail out homeowners who can stay in the developments from which he profits.  However, his concern for “innocent people” hasn’t been borne out by his prior voting record.  What’s different here is that he ran unopposed last year, even as the FBI was investigating him for tax evasion and shady land deals.  This year, three opponents have stepped up to challenge him, and if nothing else, they have forced him to at least pretend his district exists.  This is going to be true in every district we’re contesting in November.  The twin victories by Democrats in special elections in Illinois and Louisiana (and possibly another in Mississippi next Tuesday) has House Republicans ranging from mildly nervous to scared out of their gourds.  And as more swing seats open up (buh-bye, Vito Fossella), there’s no way the NRCC, the campaign arm of the Republicans in the House, can step in with any cash infusion to bail out an incumbent.  Tom Cole, the head of the NRCC (for now), has basically told lawmakers that they’re on their own.  So you’re going to see more out-of-character votes like this for the rest of the year.  And you will be able to tell who’s more nervous by their positions on these votes.  I’d say Gary Miller has a few beads of perspiration on the forehead.

You can also see which issues these lawmakers think will resonate in their particular districts.  Obviously the housing crisis is hitting CA-42 hard.

(yes, I do some netroots work for Ron Shepston, who’s one of the Democrats running in CA-42 to replace Miller)

Evening Thread

Here are a few things I never got around to this week:

• Democratic Senators are asking for a real plan from Gov. Schwarzenegger about how to solve the prison crisis.  AB 900 passed a year ago with the promise of building thousands more beds to address prison overcrowding.  To date not one construction project has begun.  This is a complete shell game, and the courts are likely to act immediately in the face of such incompetence.  Just another reason why trying to build our way out of this problem was such a stupid idea.

• Not only did immigrant’s rights advocates rally in Los Angeles today, they were joined by businesses who want an end to workplace raids.  I actually believe in workplace enforcement to an extent, but business can be a powerful ally in reaching toward a comprehensive solution.  The crowd was smaller this year but I think there’s a more robust coalition for a breakthrough.  Voter mobilization is going to be the key.

• Others have mentioned the new poll numbers on taxes and schools, but I’ll say this – decades of anti-tax rhetoric has succeeded in dislodging the relationship between taxes and services.  People want education and other services to be funded but don’t want to pay for it.  The only way to restore that relationship is to… restore that relationship, by specifically explaining how America is worth paying for and turning the whole issue on its head.  Not a huge revelation, but thought I’d throw it out.

• Home prices continue to fall in LA and Orange County, and foreclosures continue to wreak havoc on the state’s homeowners, including Jose Canseco.

• I thought this was the most interesting study of the week:

It’s often said, “You are what you eat,” but new research suggests that where you eat may have a lot to do with it, as well.

In communities with an abundance of fast-food outlets and convenience stores, researchers have found, obesity and diabetes rates are much higher than in areas where fresh fruit and vegetable markets and full-service grocery stores are easily accessible.

“The implications are really dramatic,” said Harold Goldstein, a study author and executive director of the California Center for Public Health Advocacy, based in Davis. “We are living in a junk-food jungle, and not surprisingly, we are seeing rising rates of obesity and diabetes.”

Intuitive, and it’s a chicken-or-the-egg argument.  Convenience stores and fast-food outlets move to neighborhoods where people are more likely to only be able to afford convenience stores and fast food.  However, the researchers claim this holds across socioeconomic strata.  “Food environment” is something we have to think about.  Education would seem to be the key,

• Forgot to link George Skelton’s article on the potential for competing redistricting measures on the ballot.  My position on redistricting is well-known.  Skelton does segue into initiative reform, which is sorely needed.

Recession Update: Record-Setting!

Yes, it’s a new record!

Sinking home values and the collapse of flimsy mortgages sent a record number of California homes into the foreclosure process in the first three months of this year, a real estate information service reported today.

Default notices — the first stage of foreclosure — were sent to owners of 110,000 California homes from January to March, about 1% of the homes in the state, according to La Jolla-based DataQuick Information Systems. Default notices were up 143% from the same quarter a year ago.

Most California homeowners in default are now eventually forfeiting their properties to lenders. Only about 32% of those receiving default notices prevent foreclosure by refinancing or selling their property to pay off their mortgages, DataQuick reported. A year ago, 52% of those in default were able to avoid foreclosure.

If you read between the lines here, the implication is that around 70,000 families are in the process of losing their homes.  In the first quarter 47,000 additional families had their homes repossessed, which is a 400% year-over-year increase.

This is hundreds of thousands of people, and it’s getting to be a significant percentage of the state’s population.  And the federal government is dragging their feet looking for a solution.  And the state can do little beyond stopgap measures.

This is why the budget projections are ballooning.

Looming Recession Update: Home Edition

Statewide foreclosures in California hit the 24,000 mark in the third quarter of 2007 for the first time ever.  In fact, it beat the previous record by 39%.  Nationally, there are almost 18 million vacant homes, and the homeownership rate, often touted by the Bush Administration as proof of economic success, fell for the fourth straight quarter.  What’s really concerning are the foreclosures in upper-income areas:

In four Newport Beach-area ZIP Codes, for example, there were 11 foreclosures in the third quarter, up from just three in the same period last year. There were seven foreclosures in Bel-Air, and none a year ago.

“It’s definitely increasing,” said Joyce Essex, a Coldwell Banker real estate agent based in Beverly Hills who specializes in selling foreclosed homes.

Essex said most of her properties were in the San Fernando Valley and South Los Angeles, but about 10% of her listings are now in a more affluent part of town.

“It’s working its way to the Westside. The Westside is always last to get hit,” Essex said of the foreclosure wave, based on her experience in the 1990s downturn.

The mortgage crisis is finally catching up to those who live hand-to-mouth on a higher level.  The millions who used home equity loans to finance their lifestyle, pulling money out of their properties over and over again, now have no ability to continue the scheme.  And this is just the beginning.  Millions of variable-rate mortgages will reset to a higher rate, in some cases doubling the payment, in the next 2 years.  That will mean more foreclosures, a sapping of housing wealth, and a real impact on state finances:

More than $23.6 billion in California housing wealth will evaporate if real estate prices continue to decline and foreclosures on subprime home loans soar, according to a new congressional report that indicates the fallout from the national mortgage crisis is worsening.

In addition, over the next two years, the state will lose nearly $111 million in tax revenue from the forecast repossession of 191,000 homes and the spillover effect on neighboring property values, said the study, released Thursday by the Senate Joint Economic Committee.

“State by state, the economic costs from the subprime debacle are shockingly high,” committee Chairman Chuck Schumer, D-N.Y., said in a statement. “From New York to California, we are headed for billions in lost wealth, property values and tax revenues.”

And that’s actually a very optimistic scenario, plus it focuses only on tax revenues and not residual effects.  In a country where two-thirds of all economic activity is consumer spending, housing jitters will redound through the entire economy, with families cutting spending because they can no longer rely on their houses for retirement security.  And this isn’t temporary.

“It took Southern California 10 years to recover (from the last housing downturn), and it took the Bay Area six or seven years,” said Cynthia Kroll, senior regional economist at the Fisher Center for Real Estate and Urban Economics at UC Berkeley. “That’s a very realistic expectation.”

This was all very predictable.  Everyone knew that subprime mortgages were a risky asset on which to rest the entire economy.  But it was easy money, particularly for those financial institutions making cash in mortgage-backed securities, so they allowed it.

There is pending legislation in the House Financial Services Committee that would help protect consumers against predatory lending, and other bills would allow Fannie Mae to buy a bunch of mortgages and give homeowners a chance to stay in their homes.  Hopefully, the market has gotten so bad that legislation like this will have a chance to pass.  Otherwise, California and the nation will have a very tough road ahead, impacting the ability to improve people’s lives in education, health care, and practically everything government does.