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The NYT Editorial on June 2, 2009, says the Obama anti-foreclosure plan is woefully inadequate, and can't stop the wave of foreclosures. The administration's foreclosure plan that went into effect in March 2009, offers upto $75 billion in incentives to lenders to reduce loan payments for homeowners facing foreclosure. Lender participation is largely voluntary under the Obama plan, making it weak. Since March about 100,000 homeowners have been offered a modification according to the Treasury Department. This is a small dent in the plan's intent of preventing 4 million foreclosures. And it continues the Bush administration's apathy and lack of effective action to prevent foreclosures. The Mortgage Bankers Association reported that in the first quarter 2009 5.4 million mortgages were delinquent or facing foreclosure. There are 15.4 million "underwater" homeowners, those who have no equity in their homes, and with average person deeply in credit card and other debt, these people have little to fall back on if they lose their jobs or have a medical crisis. The simple arithmetic of these 15.4 and the 5.4 million, adding upto 20.8 million households, shows that anywhere near a fifth of American households are in deep financial trouble. The same numbers, or another fifth of American households, are approaching foreclosure. Drawing concentric circles of these homeowners inside a circle showing all American households, and seeing these concentric circles increasing in size with every quarter of job losses, one can clearly see why this is the biggest problem facing the economy. Job losses in January 598,000, February 681,000, March 699,000, April 539,000, totalling 2.5 million for Jan-April 2009, and 8.9 million working parttime. The underemployment rate at 15.8%. Till this foreclosure situation exacerbated by rising under employment is addressed, the credit easing and the small recovery thats been managed since December 2009, is like a mirage in the desert. A false sense of comfort. The NYT editorial makes the point that the foreclosures prevention efforts focus entirely on reducing monthly payments. Even here it falls short, in not reducing the payments enough, or programs not big enough in scope to address the millions of homeowners needing help. But an even bigger problem remains unaddressed, says the NYT, and this is not reducing the principal. An effective anti- foreclosure plan has to reduce the principal for the 15.4 million homeowners under water. This as Martin Feldstein has argued repeatedly in the oped pages of the WSJ since early 2008- the homeowners under water or approaching that situation have no incentive to hold onto their homes- has to be addressed by government taking responsibility for loan principal reduction in a carefully designed plan requiring participation of lenders. NYT points out that the mortgage industry has resisted taking this approach, and the Obama plan does not emphasize this important part of an effective plan to reduce foreclosures. By opposing this, the banks with the toxic mortgage assets and the government by going along with this, are shooting themselves in the foot. This makes any recovery at best weak, and more likely a false hope lacking fundamental support, foresight and vision....

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Foreclosures and the impact on Lowe's and Home Depot, which is a net negative- as more homes are going into foreclosure and being neglected, than coming out of foreclosure and needing repairs.

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As moratoriums on foreclosures that were put in place earlier expire at Chase, Wells Fargo, Fannie and Freddie, and other mortgage companies, foreclosure activity has increased. Foreclosure related filings increased by nearly 6%in February from month earlier, and were up nearly 30% from February 2008, according to RealtyTrac. In California notices of trustee sales, which are a precursor to foreclosure sales, climbed more than 80% to 33,178 in March from February, according to ForeclosureRada.com and the Field Check Group. The increase reflects both the expiration of foreclosure moratoriums and a California law made late last year that temporarily delayed default and foreclosure notices. As aresult Ronald Temple, co-director of research at Lazard Asset Management, expects that home prices will decline by 22% to 27% from their January levels. Over 2.1 million homes will be lost in 2009 in foreclosure according to Moody's Economy.com, up from 1.7 million in 2008.

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Some figures on the foreclosure situation. 2.3 million Americans faced foreclosure proceedings in 2008, 81% increase over 2007. 860,000 properties were repossessed by lenders, more than double the 2007 level, according to RealtyTRac a foreclosure listing firm in Irvine,, California. Moody's Economy.com predicts the numbers to go up 18% in 2009 before slowing through 2011. That is 2.71 million foreclosures in 2009. To prevent the foreclosure levels from getting much worse as unemployment drops, the new administration plans to use upto $100 billion of the remaining $350 billion TARP funds to help homeowners. The 4 states hardest hit are Nevada, Arizona, California and Florida. More than 1.1 million properties there received foreclosure notices, almost half the total nationwide. The hardest hit areas are in California, with the metro areas worst hit in order are Stockton, California, Las Vegas, Nevada, Riverside and Bakersfield, California, and Phoenix. In December more than 303,000 properties nationwide received foreclosure notices, up 40% from year ago month, and 17% above November 2008. At 303,000 the yearly rate is 3.6 million foreclosures or higher for 2009, so the Moody's estimate for 2009 must take into account acceleration of steps to help homeowners with the new administration. Are the rather modest steps taken upto now helping? RealtyTrac analysts estimate that without a state law requiring lenders to give borrowers a 30 day warning before starting the foreclosure process, the foreclosures in California would be 10% higher. There are similiar state laws in Massachusetts and Maryland. Throughout 2008 few steps were taken by the Bush administration to slow foreclosures, even though Republican economists like Martin Feldstein repeatedly advocated this. See links to Feldstein and Sheila Bair of the FDIC who also advocated aggressive action, and providing the numbers to show that it was costlier for lenders to see borrowers go into foreclosure compared to reducing principal and interest payments significantly. ...

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The NYT editorial says the negative feedback loop of foreclosures begetting falling house prices, which beget more foreclosures, and further weaken banks, is well under way. One way to have broken this, was to enable good types of loan modifications, which reduce the principal for homeowners and reduce payments significantly. Sheila Bair at FDIC says 32% of prior payments is about the right amount. The bad types of loan modifications that lead to no reduction in principal, and put homeowners back in redefault because of large payments that homeowners "under water" or a lost job cannot afford, have so far been the dominant kind of loan modification. At present 14 million homeowners are "under water," in that their homes are worth less than what is owed on the mortgage. One of the crucial measures which would have enabled this, has not been pushed by the Obama administration through Congress. This was to pass an amendment that allowed bankruptcy judges to modify troubled mortgages. Banks which have taken billions of dollars in loans from the federal government were allowed to lobby aggressively to kill this amendment, and the Obama administration did little to push this amendment in Congress. 12 Senate Democrats joined 39 Senate Republicans to block a vote on the amendment. Says the NYT editorial "when the time came to stand up to the banking lobbies and cajole yes votes from reluctant senators-the White House did'nt. When the measure failed there wasn't even a statement of regret." This could turn out to be a major mistake, because as the NYT points out voluntary loan modifications have shown poor results. The administration's plan to provide incentives for loan modification is untried and tested, and may not produce significant results. With 14 million homeowners under water, and spiralling foreclosures, the situation may get out of control and seriously damage the economy. After the moratorium in home foreclosures ended there is expected to be a big surge in foreclosures, with estimates of 290,000 to 341,000 foreclosures in March, 2009. If this is allowed to continue it will undo all the good work in other areas, the stimulus spending, rebuilding the auto industry and other steps. It will also be more difficult to reverse as valuable time passes and the cost of the crisis escalates. A consensus among many experts was that stronger action in connection with the banks was required, and Martin Feldstein has warned about the danger posed by foreclosures since early 2008, see links....

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In 2008 the hardest hit counties were in the city of Detroit, in Wayne County. Now the wave of foreclosures is hitting the suburbs as the foreclosures in the city declines, and the foreclosures increase in the suburbs. Oakland County and Macomb county are seeing a surge in foreclosure properties. And this is affecting the nature of sales as in some counties 80% of new sales are of foreclosed properties. This is similiar to the situation in California.

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Foreclosures are shifting to the top third of the local housing values, up to 30% in June 2009 from 16% in 2006 when the foreclosure crisis began, according to Web site Zillow.com. The bottom one third by home values now represent 35% of foreclosures down from 55% in 2006. This category of expensive homes includes exotic mortgages including interest only mortgages that allowed borrowers to defer principal payments for the initial period. Borrrowers are not able to refinance out of these mortgages.

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The Obama administration's foreclosure prevention programs were designed for subprime lending situations. They were not designed for the high unemployment experienced in the U.S. A Treasury Department effort allows jobless people to postpone mortgage payments for 3 months, the average length of unemployment however is 9 months. Only 7,397 participants are in this program. As part of the bailouts Treasury had $46 billion to spend to prevent foreclosures, as of May 2011 Treasury has spent only $1.85 billion. Because housing provide so much of the underpinnings for the U.S. economy, it is essential to put housing back on a stable footing for an economic recovery. The lack of a sensible plan in this area is simply incomprehensible. Morris Davis, a former Federal Economist, has estimated that a million more homeowners went into foreclosure because of a lack of help for the unemployed. Davis is an associate real estate professor at the University of Wisconsin. He says its simply outrageous that the Obama administration has done so little. President Obama recently took credit for a recovery and jobs saved in the auto industry in Detroit. The failure to come up with a workable plan and to do so little in the larger area of housing and unemployment, is likely to overshadow everything else. This is especially so with the Fed approaching its limits after QE II, and with the administration and the Congress in a stalemate over further stimulus and the deficit....

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To make custom loan modifications of the type that became necessary overnight on a large scale requires resources, investment in people and technology. On top of this a bank makes about $500 a year on a $200,000 mortgage loan, and if the loan is delinquent the bank may already have lost $2500, say experts, so there is little incentive to do much about custom loan modification. As a result, they used what a former J.P. Morgan executive called "Burger King kids." Or the banks outsourced the operation, some to law firms like David Stern, which in turn used outsourcing firms in Guam or the Philippines. The result is a largely chaotic process according to former mortgage officers of banks, and clerical staff that did not know what they were doing. Now atttorneys general in all 50 states have stated that they will investigate foreclosure practices of banks. It all started with the lone effort of Pine Tree Legal Assistance in Denmark, Maine, in succesfully challenging one of these improperly conducted foreclosures. See the NYT article on Pine Tree. In that case it was about a mother with two children who had her payment go up to $474 after loan modification, who is on food stamps after losing her job as an employment counselor....

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Homeowner Nicolle Bradbury of Denmark, Maine, and Thomas Cox, lawyer for Pine Tree Legal Assistance, challenge a foreclosure eviction in court. The lender GMAC, was found to have used a "limited signing officer," who had little or no knowledge of the case. GMAC had continued to follow faulty procedures, two years after it was asked to correct these procedure. Judge Stephens cited this situation in rejecting the foreclosure.

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The most important way out of this crisis- which is at bottom a crisis in homeowners defaulting and walking away from their homes in large numbers to unsettle everything the Fed has done so far for the credit markets- is to do what Bernanke and Feldstein have urged months ago. And that is make sure large numbers of homeowners have do not walk away from their homes because they are under water. And the way to do this is to reduce the loan burden with the government stepping in. See the link to Feldstein. But Congress is not upto this task and there is no leadership to undertake this, and the Bush Administration is not upto the task either. So if the steps are lukewarm and action is a bit late as politics takes away precious time then the foreclosures and price declines spiral will be a serious danger.

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Attorneys in al 50 states are investigating foreclosures. This will increase the uncertainty for banks in addition to other short term losses.

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The NYT editorial says the Obama foreclosure plan was flawed from the start. It lacked teeth to make banks take up foreclosure reduction. It isn't enough to reduce payments as people who have lost jobs cannot afford to make payments. With unemployment rising another 2.4 million homes will go into foreclosure according to some estimates. The slow roll out of foreclosure plans by banks has aggravated the situation, and at this time those who lost jobs are the homeowners not getting help from the government. This is a serious error on the part of the Obama administration. See the links to Martin Feldstein, who early on in 2008 suggested a comprehensive solution to the foreclosure crisis.

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The percentage of borrowers with loans overdue 30-90 days is at 7.4% at the end of the 1st quarter 2012, down from 8.3% for the prior year, according to the Mortgage Bankers Association. About 4.4% of mortgages were in foreclosure at the end of the 1st quarter of 2012, close to the 4.5% the prior year. Florida had foreclosure rate of 14.3%, New Jersey 8.4%, and Illinois 7.5%, at the end of March 2012. The inventory of loans in foreclosure is at 4.39%.

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Foreclosures are now accounting for 10% of homeless people. In the midwest this is upto 15%. Three years ago in 2007 this was close to zero.

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The failure of foreclosure programs under the Obama administration continues into 2012.

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It took a long time for the banks to understand what is in their best interests is in the best interests of the country's economy and homeowners, something Sheila Bair has been saying since the beginning of this year and implementing at IndyMac. Its just too costly for banks to use the foreclosure process to recover their money and it makes much better financial sense on the bottomline of banks and for the economy to make home payments affordable. Because the worse home prices get the worse the economy and banks do and nothing drives home prices down like foreclosures. The Bank of America settlement for Countrywide with state attorney generals to modify loans for 400,000 homeowners because of predatory lending practices also set the direction. Chase Bank is now using the Bair template to get the monthly payments down to an affordable level which is about 40% of the current payment by reducing interest rates and using a smaller loan balance and keep homeowners in their homes. Chase's plan will help 400,000 homeowners and will also help homeowners who are having difficulty making payments. It will put a 90 day hold on foreclosures till the program is put in place. Yet there is one problem. Only $350 billion of the 1.5 trillion in home mortgage it services are owned by Chase, the rest are owned by investors in the form of mortgage securities. It can do little for homeowners covered by these securites that are owned by hedge funds and other funds as a few of these funds oblivious of the overall interest including their own have threated to sue if loans are modified, and it would take some time to figure out who owns each security and what the terms are for modifying loans for that security. Its this part of mortgage securitiization that has slowed down a rational process of unwinding this problem throughout housing by making homeowners monthly payments affordable. And Fed's Bernanke did not come to grips with this point in his talk about mortgage securitization to UC Berkeley on October 31,2008, that mortgage securitization done in a way that make loan modification difficult is dangerous as it is today, and makes a crisis bigger than it otherwise would be, and turn a USA crisis into a global crisis through ricotcheting effects and a series of bad decisons....

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Attorneys for homeowners describe the foreclosure process as a mass production line, and efforts to avoid foreclosure as a fight against a machine. In most cases a person would be needed to read what they file, but in many mortgage firms no such person existed. They describe the problem as industry wide and pervasive- and involving loan servicers, law firms, docment processing companies and others. The big mortgage companies, including government bailed out Fannies Mae and Freddie Mac, were eager to get bad loans off their books so they imposed penalties if the process was not speeded up.

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The plan to prevent foreclosures in Minnesota is supported by the state's Democrat- Farmer-Labor party which has a majority in the legislatre. The Republican Governor of Minnesota Tim Pawlenty is mentioned as running mate to McCain and he will be criticized in the election if he vetoes the bill. A 39% increase in foreclosures is expected for 2008 by Housing Link, a Minnesota nonprofit research group. with about 28,000 households affected. CEO of Toll Brothers, a luxury builder rates Minnesota a F- in assessment of regional housing markets. So what will this bill do? Under the foreclosure deferment plan loans closed from January 1, 2001 through August 1, 2007, when antipredatory lending law took effect would be eligible. Borrowers must be legal U.S. residents and have adjusted household gross incomes of less than $250,000. Second home are not covered. During the deferment period borrowers keep paying a portion of their mortgages. This is set at either the monthly payment of principal and interest when the loan was originated, or 65% of the monthly payment at the time of default, whichever is less. Rep Matsui of California introduced a similar bill in the House of Representatives May 13, 2008. Because the bill limits the benefit to those who are needy and worst affected it would appear to be a sensible approach. At this time there are so many proposals but with little Republican support and a public opinion that sees this as moral hazard or rewarding people for their mistakes with public money, there is little to help the most needy and deserving borrowers for whom a good case can be made for help on a bipartisan basis and with support of the public....

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A Congressional Oversight Panel said the Obama administration foreclosure plan is not addressing the problems of today. It is borrowers with good credit who ave lost their jobs or those with complex mortgages who are not getting help, and this will add to the higher default rates. THese borrowers because they are jobless are not able to afford even the reduced monthly payments. The HAMP program for reducing payments fails to address these problems.

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As the graph vivdly shows in 2005 and 2006 there is surge in subprime lending to Hispanics and blacks, with almost as many subprime loans to Hispanics and Black people as to whites. It slows down in 2007 by which time foreclosures were starting to take shape. WaMu, Countrywide, Ameriquest and other lenders who pushed subprime lending were backers of an initiative called Hogar which worked to spread lending to redline areas, in what an organization for responsible housing lending calls reverse redlining- in which high cost loans were pushed on those least able to sustain payments for a long time. Previously these areas did not get much lending because of the lack of good credit history.

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A study by the Pew Research center shows minorities are the ones hardest hit in the millions of foreclosures taking place in the US. Counties with black or Latino majorites and the New York region are hit severely. What appeared to be a boon five years ago as black home ownership rose sharply after decades of discriminatory lending and zoning practices, has now turned into a curse with families losing homes to foreclosure, neighborhoods seeing increasing crime and declining house values, and renters being evicted. Lenders like Mozilo's Countrywide and other similiar lenders simply used the idea of home ownership as a flag to get political support for a wild west in lending practices, which allowed predatory lending to take place in the deregulatory atmosphere of the time. See the link to the impact on minorities. Nowhere has it been shown more pointedly that prudence and character in leaders in all areas is the essential conditon for progress, making free enterprise a necessary condition but subject to this essential condition, than in the way the housing and foreclosure crisis is hitting the American and the world economy in so many ways. This is evident in neighborhoods like this one on 145th st. in Jamaica, Queens, whaere black households making more than $68,000 a year are five times as likely to hold high interest subprime mortgages as whites of similiar incomes. Defaults occur three times as often in minority census tracts as mostly white ones. And 85% of the worst hit neighborhoods have majority of black and Latino homeowners. Which may also explain why there is not agroundswell of support for serious government foreclosure prevention measures like bankruptcy legislation and other legislation such as that suggested by Martin Feldstein and others for homeowners nearly or already under water, when faced with fierce lobbying by the banks and financial institutions. Consumer advocates say years ago many banks drew red lines around black neighborhoods and refused to lend, then as deregulation became the rage five years ago, these banks under unscruplous leaders targeted these neighborhoods for subprime lending. A dozen banks and lending companioes that made big profits from subprime loans accounted for half the loans given to the New York region'sblack middle -income borrowers in 2005 and 2006, a case of reverse redlining that the N.A.A.C.P. says in its lawsuit against these lenders. Housing and Urban Development Sec. Shaun Donovan, in aspeech to New York University said that 33% of the subprime mortgages given out in New York City in 2007, went to borrowers with credit scoresthat should have qualitifed them for conventional prevailing-rate loans. For anyone taking out a $350,000 mortgage, says the NYT, a difference of three percentage points - a typical spread between conventional and subprime loans- tacks on $272,000 in additional interest over the life of a 30 year loan. ...

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Inventories of foreclosed homes are going down, because of the moratorium on closures by the banks, in areas like California, Arizona, Nevada, Florida and Michigan. But buyers are concentrating on foreclosed homes so ordinary properties with higher prices are not seeing buyer demand. But this is temporary as the moratorium has expired and banks are foreclosing on homes just like before, which will create a large flow of foreclosed homes on the market. This will continue to depress housing prices. And with firsttime buyers getting skittish because of the fear of a job loss, this demand is not on a strong footing. And other than California and Michigan, these states that include Arizona and Nevada, don not account for significant economic activity of the country. South Florida has such ahuge backlog of unsold home and condominiums that the sales of foreclosed homes won't make much of a dent in the backlog. The rest of the country has a glut of homes on the market. For these reasons it would be dangerous to interpret the rising sale of foreclosed homes in ahandful of states in the west as helping clear up inventory of unsold homes, and risky for the government to let this tidal flow of foreclosures to continue. Significantly reducing forecloures with government action may be essential for economic recovery, as otherwise the housing market may take years to recover. This is something Martin Feldstein, adviser to McCain and now adviser to Obama, has advocated all along from the early days of this crisis in 2008....