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Alan White
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The Supreme Court granted certiorari today in MOUNT HOLLY, NJ, ET AL. V. MT. HOLLY GARDENS CITIZENS, on the question whether Fair Housing Act claims of race discrimination in the sale, rental or financing of housing can be proven based... Continue reading
Posted 2 days ago at Credit Slips
with Mel Watt, according to an AP story today. Congressman Watt of North Carolina was a moving force behind Miller-Watt-Frank, the mortgage reform legislation that eventually found its way into Dodd-Frank financial reform. Given that our all-but-nationalized housing finance system... Continue reading
Posted May 1, 2013 at Credit Slips
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A remarkable tabulation of the more than 3 million homeowners found to have been victims of mortgage servicing errors or fraud was released last week by the Fed and other bank regulators. About 25,000 foreclosures were started while homeowners were... Continue reading
Posted Apr 14, 2013 at Credit Slips
Today the Supreme Court ruled in Comcast Corp. v. Behrens that an antitrust class action was improperly certified because Justice Scalia and four other Justices found the plaintiffs' damage theory inadequately supported by expert testimony. Others will no doubt have... Continue reading
Posted Mar 27, 2013 at CL&P Blog
That is the finding of a report released yesterday by the Inspector General of FHFA, the agency that oversees our nationalized mortgage funders Fannie Mae and Freddie Mac. Mortgage servicers are paid incentives by Freddie for quick foreclosures, but not... Continue reading
Posted Mar 22, 2013 at Credit Slips
The New York Fed has posted a new analysis of student loan debt. Depending on how you read the data, student loan borrowers are either in serious trouble, or are no worse off than consumers with credit card debt or... Continue reading
Posted Mar 1, 2013 at Credit Slips
There are some assumptions underlying the proposed interpretation of data here. If 10% of loans result in a repo, it does not follow that 90% of borrowers don't lose their car, if borrowers have multiple loans. As for the alternative transport to work issue, getting a ride with friends and buying a new car may be ambiguous responses, especially allowing for the optimism bias. Those categories may represent borrowers with at least some difficulties posed by losing their car. In other words, one could say 66% of borrowers report not working or having reliable alternative transportation. Finally I would want to inquire a bit about the Oregon and Virginia data to see if some legal environment or reporting issue skews them from the other states.
Race -it continues to determine the availability and the price of credit, and particularly home financing, as each annual release of the Home Mortgage Disclosure Act data reminds us. No matter how much empiricists control for credit scores, home values,... Continue reading
Posted Feb 12, 2013 at Credit Slips
Adam Levitin predicted here that the "independent" review of banks' foreclosure files ordered by the OCC in the wake of the robosigning scandals would be a sham, based among other things on the adverts to hire the reviewers. Now, one... Continue reading
Posted Jan 5, 2013 at Credit Slips
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The crisis tally so far: about 4.7 million completed foreclosure sales from July 1 2007 through 2012 (extrapolating the 4th quarter), and more than 12 million foreclosure starts. Adding short sales brings the total home losses to well above 5... Continue reading
Posted Dec 22, 2012 at CL&P Blog
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Kiva.org is the on-line microlending network that allows anyone to lend $25 or more to individual low-income borrowers around the world for micro-enterprise and housing. Kiva is an entirely different way of thinking about credit and financial intermediation. While it... Continue reading
Posted Dec 8, 2012 at Credit Slips
While industry and government news releases emphasize the declining rates of delinquency and foreclosure, the declines remain agonizingly slow. Yes, serious defaults on mortgages are down from their peak in 2010. On the other hand, there have been 4.5 million... Continue reading
Posted Sep 28, 2012 at Credit Slips
Thanks for the comments. I did mean loss mitigation in the literal sense. Foreclosure delays are in many instances allowing less costly foreclosure alternatives to go forward. The federal banking agencies found last year that mortgage servicers systematically engaged in unsound practices including foreclosing on loans with approved modifications in place and failing to communicate with borrowers effectively about loss mitigation. Treasury suspended HAMP payments to Chase and BoA last year because they were seriously underperforming their peers in making NPV positive modifications. etc. There is ample evidence of "irrational", i.e. wasteful, conduct by mortgage servicers, largely due to agency problems. As for the comment about costs being passed on to consumers, that begs the question whether foreclosure delays impose net costs or benefits due to increased loss mitigation.
Toggle Commented Sep 27, 2012 on FHFA punishes states at Credit Slips
My comments on the FHFA mortgage fee increase for NY, NJ, FL, IL and CT, here at Consumer Law & Policy. Continue reading
Posted Sep 26, 2012 at Credit Slips
FHFA, the bizarre federal agency running our nationalized mortgage funders Fannie and Freddie, announced a proposal last week that would surcharge mortgages in five states – New York, New Jersey, Florida, Illinois and Connecticut, with a 30 basis point (0.3%)... Continue reading
Posted Sep 26, 2012 at CL&P Blog
The annual Federal Reserve report on Home Mortgage Disclosure Act (HMDA) data for 2011 paints a bleak picture. Despite interest rates at or below 4%, mortgage lending volume continued its four-year decline. The drop in mortgage lending was particularly steep... Continue reading
Posted Sep 19, 2012 at Credit Slips
Congratulations indeed! I must say, though, that this consumer advisory board seems rather heavily weighted towards financial services providers and light on consumer advocates.
Toggle Commented Sep 14, 2012 on Levitin on the Board at Credit Slips
I have just finished reading Lois Lupica’s paper on her impressive consumer bankruptcy fee study. This is a model of what empirical, law-and-society research should be – it combines data from electronic court records with focus groups and key player... Continue reading
Posted Sep 1, 2012 at Credit Slips
LSTB, I'm fully aware of the FCRA/fair value debate. Clearly administrative costs have to be added into FCRA profit/subsidy numbers, and I mention that. I have a problem with the whole market risk concept, and the related liquidity premium concept, as a measure of cost for a federal government loan program. The argument is essentially that Treasury should calculate its lending costs as if it were a private lender. If the cash flow projections for student loan repayments already reflect reasonable default and recovery assumptions, the higher market price for student loans reflects only things the Treasury doesn't need to pay for: the higher cost and liquidity risk of funding student loans via securitization, and the higher cost of capital in the private market. Treasury has lower funding costs and basically no liquidity risk, and those savings are currently going to the General Fund, not to student loan borrowers.
Toggle Commented Apr 26, 2012 on The Student Loan Tax at Credit Slips
As student loan debt passed the $1 trillion mark, President Obama, speaking at Chapel Hill yesterday, called the upcoming interest rate hike on student loans a tax. He didn’t tell the half of it. Congress’ dirty secret is that the... Continue reading
Posted Apr 25, 2012 at Credit Slips
The Creditors' and Debtors' Rights section of the Association of American Law Schools invites paper proposals for the January 2013 conference program. The program theme is "The Great Deleveraging: Bankruptcy after the Crisis, Formal and Informal." Complete information on the... Continue reading
Posted Apr 19, 2012 at Credit Slips
Nathalie, the full codebook for the survey is here: http://www.federalreserve.gov/econresdata/scf/files/codebk2009p.txt There is only one question on payday as far as I can tell (did you get a payday loan in the past year.) The question was asked in both 2007 and 2009, for whatever that's worth.
Toggle Commented Mar 29, 2012 on New Panel Data! at Credit Slips
The Fed has just released their data from the 2007-2009 panel Survey of Consumer Finances. The SCF, conducted every three years, includes hundreds of variables on the assets, liabilities, income, and financial product shopping and utilization of American consumers. Some... Continue reading
Posted Mar 28, 2012 at Credit Slips
Nice report! To clarify, I think I said I know of no contested judicial foreclosure case where a lender proved standing based on the Note by resorting to Article 9 or common law, i.e. without relying on possession of the endorsed note or the lost-note alternative under Article 3. If there are any such cases, let me know. There are also a few states where the note does not seem to be relevant, and standing is based only on the mortgage transfer.
The national mortgage settlement among federal and state regulators and major banks, announced with much fanfare on February 8, still has not produced an actual written settlement agreement, judging by the dead link on the settlement web page. That hasn't... Continue reading
Posted Mar 5, 2012 at Credit Slips