Bill Statistics
The Middle Class Position
How They Voted
Grades
The Senate receives a grade of B for its support of the middle class on this piece of legislation.
84 Senators voted for the middle-class position; 12 voted against.
Foreclosure Prevention Act of 2008 [Revised Bill]
- Consumers
- Corporate taxes
- Global warming
- Housing
- Income taxes
- Mortgage lending
- Property taxes
- Renewable fuels
- Tax cuts
07.30.2007 [House]
Rep. Nancy Pelosi [D-CA]
The Foreclosure Prevention Act contains a wide range of measures aimed at reducing the number of home foreclosures and limiting their impact. Like the earlier version of this legislation, which was killed by a Senate filibuster in February, the bill provides $4 billion to state and local governments for the rehabilitation and resale of abandoned and foreclosed homes via the Community Development Block Grant Program. This program targets areas that are hard-hit by the foreclosure crisis and mandates that reclaimed homes be made available for sale and rental primarily to low- and medium-income families. The legislation also authorizes state housing finance agencies to use $10 billion of the tax-exempt bonds they issue to refinance subprime loans and provide new mortgages and raises the limits on the size of loans the Federal Housing Administration (FHA) can insure. The bill provides $100 million for counseling people at risk of foreclosure, $75 million to provide legal services for homeowners facing foreclosure and strengthens the disclosure requirements for mortgages and refinancings by compelling lenders to inform borrows of the maximum monthly payment they would be required to make on their loans and restricts lender fees.
In addition to these provisions from the original Foreclosure Prevention Act, this version of the bill allows businesses that lose money in 2008 and 2009 to get refunds of the taxes they paid over the past four years, rather than just the past two years, as is the case under current law. This provision, referred to as an extension of the net operating loss carryback, would cost an estimated $6.1 billion over the next ten years and is the single most costly provision in the bill. The bill also creates a new temporary tax deduction enabling homeowners who do not itemize deductions on their federal income tax returns to deduct state and local property taxes. Single filers could deduct a maximum $500 and joint filers could deduct $1,000. The new deduction would only be available to taxpayers who live in areas that do not raise their property tax rates and would cost the federal government an estimated $1.5 billion over ten years. In addition, the bill introduces a new tax credit of $7,000 available to anyone who purchases a foreclosed home within the next year, at a cost of $1.6 billion over ten years. The Foreclosure Prevention Act contains special mortgage provisions for military personnel returning from service abroad. Finally, the bill includes $1.1 billion in tax breaks for homeowners and businesses rebuilding after Hurricane Katrina and other natural disasters.
At the last minute, the Senate also attached unrelated provisions renewing tax breaks for renewable energy production to the bill.
The Middle Class Supports. With two million families facing the loss of their homes over the next two years and large sectors of the U.S. economy destabilized by mortgage defaults, the foreclosure crisis and the wider turmoil it has caused are among the greatest threats to middle-class Americans today. This bill responds to that threat, although not in the most effective way. The bill is stuffed with costly and irrelevant provisions, while the positive steps it does include fail to go far enough to help struggling families. The single most effective measure proposed to address the crisis – a change in bankruptcy law that would prevent hundreds of thousands of foreclosures – was killed as an amendment. Meanwhile some provisions that did make it into the final bill could even make the foreclosure problem worse.
Positive measures in the bill include FHA modernization, which will enable more homeowners to refinance problematic mortgages. The block grants for communities hard hit by the crisis to reclaim foreclosed properties and turn them into affordable homes is another very positive step, but here too the amount of funding may be too little to revitalize neighborhoods in need. Funding for mortgage counseling is also beneficial, but inadequate. And while enhanced mortgage disclosures are helpful, they are no substitute for a genuine ban on deceptive lending practices along the lines enacted by some state governments. The tax exempt bonds for state agencies to refinance subprime loans is a modest effort which will inevitably bail out lenders, whose lax standards helped cause the crisis, along with struggling homeowners.
While provisions to help homeowners and devastated communities are stingy, home builders and other businesses facing economic losses due to the downturn reap $6.1 billion in tax breaks. This provision has little to do with helping prevent foreclosure and is not even a cost-effective means of economic stimulus. The property tax deduction for non-itemizers is similarly problematic. While many middle-class families might see a small tax break under this provision, the credit is not substantial enough to help families who face foreclosure or are having serious difficulties making mortgage payments and is not targeted at these homeowners. To make matters worse, the deduction is limited to people who live in areas that have not raised property taxes. This creates an incentive for states and municipalities to cut services that middle-class families rely on rather than raising the revenue needed to preserve them. Finally, the tax credit for buying a foreclosed home might, as the Washington Post point out, actually encourage more home foreclosures.
The alternative energy tax breaks, added at the last minute, are similar to those included in the House’s Renewable Energy and Energy Conservation Tax Act. Providing the public investment necessary to jump start the development and promotion of renewable energy sources and ultimately mitigate global warming sweetens what is otherwise a unsatisfactory effort to deal with the home mortgage crisis. Middle-class Americans will ultimately see some benefit from this bill – but they deserve better.
“The Senate Housing package misses the single most significant step needed to help the 20,000 American families with subprime loans that are losing their homes each week through foreclosure: the bankruptcy amendment. We are left with a bill loaded with special considerations for mortgage companies and builders that does very little for homeowners who were sold predatory loans by mortgage lenders… We are encouraged that there is recognition that the bill under consideration by the U.S. Senate today is only part of the solution." -Joint Statement of the Center for Responsible Lending, ACORN, AFL-CIO, Consumers Union and a dozen other civil rights, housing and consumer organizations (April 3, 2008)
“This is like putting antibiotic ointment on a broken arm, when what is needed is to set the bone and wrap it in plaster… The bill offers minimal support for institutions working to assist borrowers, but fails to offer immediate and meaningful assistance that would help millions of homeowners to avoid foreclosure.” –John Taylor, President, National Community Reinvestment Coalition (April 3, 2008)
Foreclosure prevention should aim to stabilize communities by helping families stay in their homes while providing minimal bailouts for the lenders who contributed so much to the crisis. Enabling federal bankruptcy courts to modify the terms of mortgages would help middle-class families most in need, prevent 600,000 foreclosures, hold lenders responsible for their irresponsible loans – all with no cost to taxpayers. It’s no wonder that lenders have lobbied fiercely against it. Similarly, legislation to regulate the deceptive and unfair lending practices that contributed to the rash of foreclosures is also strongly opposed by the industry, but would go a long way toward ensuring that such a crisis could not occur again.
