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IndyMac operating under FDIC control has halted foreclosures on all its mortgages and is focussed on keeping borrowers in their homes, it will aggressively pursue loan modification strategies as advocated by FDIC head Sheila Bair.

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What is happening here appears to be that the whole American system of government as it operates today has some serious weaknesses, which if exposed in a critical situation- and with some life threatening situation for an industry group- can subvert the whole system and the economic life of the country. The serious weaknesses are the lobbying of Congress that is legal, and the financing of Congressmen and Senators election campaigns by industry groups which is legal. The life threatening situation for an industry group are the accounting rules and nuances that require that the banking and financial industry that holds these mortgage home loans, if they change one loan to lower payments in one geographic area, have to then show the lowered value of that loan in their books on all other loans of that type in that geographic area. Without this the banks and financial institutions were already or close to insolvent with losses of over $1 trillion. With that accounting change the industry losses would make large parts of the industry insolvent. This becomes incentive enough to fight loan modifications at all costs for the industry, and explains why Hope for Homeowners has generated only 25 loan modifications when it was advertised to generate 400,000. This creates a once in a lifetime or once in a hundred year chance of the whole system of democratic government working to destroy the economic life of the country. How? By providing a big enough reason for the banking and financial industry to fight loan modifications almost to the death, against even their better judgement when in late 2008 and January 2009 this would mean suicide for the economic life of the country, and the chance that they would both go down into the depths, the industry and the boat that is the American economy. This is what this story tells us, all key Congressmen and Senators were taken into their fold by the lobbying groups with large donations to their election funds, both Republican and Democrat, Shelby, Frank, Dodd, Durbin, and their aides. After Hope for Homeowners program failed, the new Hope Now program was again designed with the connivance of lawmakers in both parties by the banking industry representatives. It was designed so it would largely fail by not doing enough to keep homeowners in their homes. The industry faced with a life threatening situation did the wrong thing. Instead of saying lets get the government to help to change the accounting rule, and advocating that the government join the industry to share the losses and go out aggressively to restructure the loans in a three way loss sharing arrangement with homeowners, government and the industry, the industry instead decided to stick its head in the sand and let nobody do anything period. To do this it had to create the illusion that somehow the problem would fix itself with housing recovering on its own. In addition to the donations many Republicans like Preston, Secretary of HUD with oversight of FHA, and others in the Bush administration, may have had the mistaken notion that somehow the housing industry would recover without much help, that the economy was basically still healthy, that the crisis was not as bad as it appeared, that freemarket principles were still the best guide, and that toxic assets of banks and foreclosures were two entirely different things, with foreclosures for those who had borrowed recklessly not a bad thing....

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Fed chief Bernanke's childhood home in Dillon County, South Carolina, a home in which his grandparents lived after building it on purchased land in 1945. The home was transferred to his parents and remained in the family till 1996. The town with its tobacco and textile industries is suffering decline and unemployment is 14%. The dropout rate at Dillon High School where Bernanke studied, graduating in 1971, is 40% for the ninth grade. Bernanke's grandfather Jonas, a pharmacist, opened Jay Bee Drug Company on Main Street in 1941. Ben's father and uncle ran the drug store. Now the home has ended up in foreclosure and was bought recently from foreclosure for $83,000, by a 25 year old working in a bank who grew up in the neighborhood. Mohawk Industries closed a plant making yarn for carpeting, Wix Manufacturing cut hours and jobs at its automotive filter factory, and Smurift Stone Container making corrugated cardboard filed for bankruptcy in Dillon county. The house has an interesting mortgage history. The owner who could not make the payments had a 10.1% 30 year fixed mortgage, well above the rate for a prime loan, with their payments on the $123,000 home at $1088. When Mrs Rogers lost her job at a shoe store the couple could not make the payments. The couple broke up under the financial strain. Landmark Mortgage which made the original loan transferred the loan to Option One Mortgage Corporation, which packaged it with other mortgages into a $818 million security. ...

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Krugman on the failure of the Obama administration to take steps to help homeowners in the foreclosure crisis. The serious problems created in housing markets by a wave of foreclosures and declining prices. The failure of regulatory agencies to take necessary action that would reduce the wave of foreclosures. The impact this has in hampering an economic recovery.

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An analysis by Credit Suiss analysts shows that borrowers who have their principal reduced are less likely to default. But mortgage companies have been reluctant to take down loan balances. One study shows that47% of loan modifications completed in November 2009 resulted in higher payments for borrowers, typically because unpaid interest and fees were added to the loan balance. It is critical to make loan payments significantly affordable, as many people have other loans such as credit car loans, home equity loans, car loans, and these obligations make even a lower payment unaffordable.

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Distressed sales accounted for 45% of sales in April. And the increase in foreclosure propertiesafter the expirty of moratoriums on foreclosures continues. This depresses prices. About 10.2 months of inventory of homes exists at present.

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Legislation advanced by Senator Dick Durbin of Illinois would allow bankruptcy judges to lower principal and interest rates on mortgages and extend the loan period. Of 10 million homeowners who are having trouble making payments new bankruptcy law changes would help 800,000 troubled borrowers keep their homes, according to Mark Zandi, chief economst at Moody's Economy.com. With the government's loans of $45 billion to Citigroup it has more leverage on key banks in the banking industry. As a result Citigroup which had earlier opposed the change in bankruptcy laws to make this possible has now changed its stance. Vikram Pandit Citi's CEO stated yesterday that "we support its swift passage."

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Why the loan modification programs get media attention but are not going to stem the rising tide of foreclosures. Even with all the programs announced by the banks it would affect only 2 million of the 8 million homeowners facing foreclosure. As the loan modifications are working with reducing payments to 40% of the prior monthly payment,this may not be enough as 28% is a better figure for homeowners struggling to makepayments. As a result homeowners with loan modifications may still end up in foreclosure as unemployment rises to 8% in 2009 and 2010.

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How bankruptcy courts can offer a solution to the foreclosure crisis or at least mitigate its effects on the economy and on people. Senator Durbin of Illinois is expected to introduce legislation to put this into effect. It was adopted as a Chapter 12 provision to save farmowners in distress in Iowa in the 1980's, and helped keep many farming families on the farm in that situation. Not all families would be helped as some will not be able to make even the reduced payments given by a bankruptcy judge. But it gives bankruptcy courts the authority to cut through all the red tape and reluctance of bankers and mortgage securities owners to take the initiative and reduce payments, and in the end may actually generate more money for lenders than foreclosure, which has high costs on several dimensions. One cost and one dimension that is not considered is the cost to the economy and to all businesses, from retail to other products, as foreclosures lead to declines in housing prices. This leads in a downward spiral to more homeowners going under water with their homes being worth less than the mortgage, and this in turn leading to foreclosures that lead to further house price declines. The decline in housing prices adds to the incentive to save and reduce spending, which leads to inventory buildup and layoffs. This is why the situation cannot be seen in isolation, and becomes an area where interests of individual parties like lenders and securities holders tend not to be maximized when they follow their personal interest. And there is no party that can take the collective interest in this case except the federal government. ...