Debt & Bankruptcy

Amendment #534 (Mortgage “Cramdown” Amendment) to Wall Street Reform and Consumer Protection Act of 2009

hmoroz — Thu, 17 Dec 2009 12:13:16 -0500

Legislation

The middle class

Supports

Video Summary

Injustice Facts

Number of properties on which foreclosure notices were filed in 2008: 2,330,483

Percentage increase in foreclosure notices between November 2008 and November 2009: 18

Number of foreclosures likely in the next five years, according to the Center for Responsible Lending: 13 million

Proportion of homes where owners are underwater, owing more on their mortgage than their property is worth: Nearly 1:4

Number of homes that the Center for Responsible Lending estimates will be saved from foreclosure by the bankruptcy modification provision: 800,000

Average decrease in the property value of each home in the neighborhoods surrounding the foreclosures that are likely to occur in 2009, in dollars: 7,200

Overview/Summary

Middle Class Position Analysis

The Middle Class Supports. Even as the economy has stabilized in recent months, the housing and job markets have worsened, middle-class families have continued to lose equity in their homes, and households are less able to afford abusive mortgages with exorbitant interest rates. The federal government and the mortgage industry’s continued failure to address the subprime mortgage and foreclosure crisis adequately could result in as many as 13 million foreclosures during the next 5 years. Despite widespread calls for action to confront the crisis, foreclosures increased 81% in 2008. Although the administration’s Home Affordable Modification Program seeks to modify 3-4 million mortgages, only 4 percent of the 700,000 trial modifications made so far have been made permanent. Voluntary mortgage modifications by lenders and banks, encouraged by policymakers in place of comprehensive federal action, have failed to make mortgages more affordable and prevent widespread foreclosures.

Extending the same bankruptcy protections to primary residences that currently apply to luxury yachts and vacation homes is not only fair, but will reduce foreclosures by about 20%, according to Credit Suisse, and benefit about 800,000 households, according to the Center for Responsible Lending. Strengthened bankruptcy protection is also beneficial to middle-class families who are not themselves facing foreclosure: foreclosures in 2009 will result in a $502 billion decline in property values for homes in neighborhoods surrounding those foreclosures, with an average decrease in property value per home of $7,200. Preventing foreclosures in those neighborhoods will keep property values up, benefiting all households. Indeed, an analysis by the Center for Responsible Lending found that similar legislation would avoid 600,000 foreclosures and thus maintain $72.5 billion in wealth for families not facing foreclosure. Modification of mortgages in bankruptcy will help maintain property values, while keeping middle-class families in their homes, limiting the self-reinforcing spiral of foreclosures and falling home prices.

Additionally, the bankruptcy provision provides a powerful incentive to banks to offer homeowners affordable loan modifications in order to avoid costly bankruptcy proceedings over which they have little control.

Quotes from Experts

Beyond this Bill

Additional Resources

“A Tax-Free Foreclosure Solution: Loan Mods Through the Courts,” from the Center for Responsible Lending

Testimony of Adam J. Levitin, Georgetown Associate Professor of Law, on the Helping Families Save Their Homes in Bankruptcy Act, before the House Judiciary Committee

MakingHomeAffordable.gov, an Obama administration site with information about mortgage modification programs

Wall Street Accountability and Consumer Protection Act

hmoroz — Thu, 17 Dec 2009 11:24:17 -0500

Legislation

The middle class

Supports

Video Summary

Injustice Facts

Percentage of delinquent loans originated by IndyMac, which failed in the summer of 2008, that required either very little or no documentation: 81.9

Estimated total support made available by the federal government to the financial system since 2007: $23.7 trillion

Year in which Goldman Sachs paid its highest bonuses ever: 2007

Year in which Goldman Sachs is expected to break this record: 2009

Total federal TARP funds used to bail out Goldman Sachs Group: $10 billion

Number of homes the Center for Responsible Lending estimates could be saved by court-supervised modifications of mortgages in bankruptcy: 800,000

Overview/Summary

Middle Class Position Analysis

Middle Class Supports. The economic and financial crisis has demonstrated that the current financial regulatory system permits banks, mortgage brokers and servicers, and other firms to enrich themselves at the expense of ordinary Americans. Abusive and fraudulent mortgages sold to unsuspecting homeowners fueled the housing crisis while credit card companies used deceptive billing practices to mire cardholders in debt. The federal government leaped into action to assist the financial services industry when firms like AIG, Morgan Stanley, and Citigroup were at risk. The $700 billion TARP program and trillions of dollars more in cheap loans and guarantees have nurtured the financial services sector back to health, profits, and gigantic compensation packages. Meanwhile, middle-class Americans continue to face foreclosure and abusive lending and credit card practices in addition to extended bouts of unemployment.

The Wall Street Reform and Consumer Protection Act’s creation of a Consumer Financial Protection Agency is a critical innovation to protect ordinary Americans from deceptive and abusive lending practices. While consumers are currently guarded from faulty products like toasters, no single agency is tasked with overseeing the financial products and services – from credit cards to mortgages and student loans – that Americans rely on every day to earn a middle-class standard of living. The CFPA will be empowered to root out products and services that are harmful to aspiring middle-class and middle-class Americans. It will promote equal access to safe credit products and root out harmful ones like certain subprime mortgages, abusive credit card practices, and usurious payday loans. The Agency is critical to making the financial services sector work for ordinary Americans. The Mortgage Reform and Anti-Predatory Lending Act, which is included in the bill, also takes important steps to combat and end the abusive lending practices at the root of the financial crisis.

The legislation’s increased regulation of executive compensation, improved protections for investors, and expanded oversight of derivatives all address factors – compensation structures that encouraged excessive risk taking, fraudulent investment practices like Bernard Madoff’s Ponzi scheme, and opaque derivatives contracts – that contributed to the financial crisis. These steps will help ensure that similar practices do not precipitate another crisis.

The Financial Services Oversight Council, the regulatory powers granted to the Council, and the dissolution authority included in the legislation make the development of a financial threat into an agent of financial and economic destabilization less likely. By regularizing a process for oversight of financial markets and creating a mechanism for regulators to impose capital, leverage, and other standards on at-risk firms, the legislation significantly enhances the federal government’s capacity to stem an outbreak of instability before it begins. Most importantly for middle-class Americans, this process and the dissolution authority created by the legislation rely on assessments of the largest financial firms for funding. Thus, if future bailouts become necessary, they are much less likely to use taxpayer dollars.

Quotes from Experts

Beyond this Bill

Additional Resources

Americans for Financial Reform

“Financial Regulatory Reform,” from the House Financial Services Committee

“Consumer Financial Protection Agency,” from the Consumer Federation of America

Expedited CARD Reform for Consumers Act of 2009

hmoroz — Wed, 04 Nov 2009 18:57:51 -0500

Legislation

The middle class

Supports

Video Summary

Injustice Facts

Effective date of most provisions of the originally introduced version of the Credit Card Accountability, Responsibility, and Disclosure Act: 3 months after passage

Effective date of most provisions of the version of the Credit Card Accountability, Responsibility, and Disclosure Act that was signed into law: 9 months to 15 months after passage

Percentage of credit cards from the 12 largest banks that use practices deemed “unfair or deceptive” by the Federal Reserve: 100

Median advertised range of APRs for credit cards issued in December of 2008: 9.99%-15.99%

Median advertised range of APRs for credit cards issued in July of 2009, after the Credit Card Accountability, Responsibility, and Disclosure Act’s passage: 12.24%-17.99%

Maximum annual fee instituted by Citigroup in August that is imposed when a cardholder does not spend enough: $90

Overview/Summary

Middle Class Position Analysis

Middle Class Supports. The Credit Card Accountability, Responsibility, and Disclosure Act was a major step forward for consumer protections. The legislation ended the most insidious practices employed by credit card companies, protecting consumers from policies that can keep them mired in debt despite their best efforts to dig themselves out. However, the Act delayed implementation of these vital consumer protections for over a year in some cases, allowing card companies to raise interest rates, increase fees, and jack up minimum payments in the meantime. The Pew Safe Credit Cards Project finds that many credit card companies worsened their treatment of consumers in anticipation of the legislation. The Expedited CARD Reform for Consumers Act would ensure that these unfair and deceptive practices end immediately. Although the bill will not aid consumers whose interest rates and fees have been raised in recent months, the Act will prevent card companies from continuing to intensify the financial strain on households already struggling to make ends meet.

Quotes from Experts

Beyond this Bill

Additional Resources

“H.R. 2382, the Credit Card Interchange Fees Act of 2009 and H.R. 3639, the Expedited CARD Reform for Consumers Act,” Hearing of the House Financial Services Committee

“Still Waiting: ‘Unfair or Deceptive’ Credit Card Practices Continue as Americans Wait for New Reforms to Take Effect,” from Pew Safe Credit Cards Project

“Modernizing Consumer Protection in the Financial Regulatory System: Strengthening Credit Card Protections,” from the Senate Committee on Banking, Housing, and Urban Affairs

Consumer Financial Protection Agency Act of 2009

hmoroz — Tue, 04 Aug 2009 12:05:27 -0400

Legislation

The middle class

Video Summary

Injustice Facts

Overview/Summary

Middle Class Position Analysis

Quotes from Experts

Beyond this Bill

Additional Resources

Student Aid and Fiscal Responsibility Act of 2009

hmoroz — Mon, 03 Aug 2009 10:48:02 -0400

Legislation

The middle class

Supports

Video Summary

Injustice Facts

Estimated savings from the Student Aid and Fiscal Responsibility Act’s termination of federal subsidies to private student lenders: $86.8 billion

Average total student loan debt for 2006-2007 bachelor’s degree recipients: $22,700

Maximum Pell Grant in 2009: $5,350

Maximum Pell Grant in 2019, under the Student Aid and Fiscal Responsibility Act: $6,900

Estimated number of students who will receive aid through the Pell Grant Program in 2009-2010: 7 million

Percentage of Pell Grant recipients whose parents’ income was below $40,000 in 2007-2008: 83

Overview/Summary

Middle Class Position Analysis

The Middle Class Supports. Although a college education is increasingly a prerequisite for a middle-class standard of living, current and aspiring middle-class students and their families are struggling more than ever to afford college. A massive $87 billion subsidy to private companies that make student loans did little to promote affordability. It makes sense for the federal government to eliminate this waste by expanding its Direct Loan program, which is already serving as an effective lender for an increasing number of students as the credit crisis continues to threaten the market for private student loans.

Now the money can be redirected to genuinely help Americans afford college. Approximately $40 billion would increase the maximum Pell Grant, the most widely used college assistance program that helps lower-income students attend college. In recent years, the program has failed to keep pace with the rising cost of college: thirty years ago the maximum Pell Grant covered 77 percent of the cost of attending the average four-year public school, but today it covers only 35 percent. Increasing the maximum award would restore some of this lost purchasing power, providing more students from lower-income families with an opportunity to attend college. The bill’s provision for automatic Pell Grant increases helps ensure that the Pell Grant permanently maintains its value. Caps on interest rates and a reworked fixed interest-rate program will not only make college more affordable for all students, but will make obtaining and keeping a middle-class standard of living easier by reducing the growth of student loan debt, which now averages almost $23,000 for bachelor’s degree recipients, and reducing student loan defaults. An increased debt load can make it difficult for young graduates to make ends meet, much less begin saving or pursue careers in teaching and public service.

Funds for a variety of initiatives to increase access to early-childhood education and graduation rates, to modernize schools, and to improve community colleges will expand the opportunity for students to succeed at all levels of education.

Quotes from Experts

Beyond this Bill

Additional Resources

“Window of Opportunity: Targeting Federal Grant Aid to Students with the Lowest Incomes,” from the Institute for Higher Education Policy

“Trends In Student Aid,” from the College Board

“Student Aid on the Web,” from the U.S. Department of Education

Credit Card Accountability, Responsibility, and Disclosure Act of 2009

hmoroz — Fri, 15 May 2009 14:31:08 -0400

Legislation

The middle class

Supports

Video Summary

Injustice Facts

Total revolving debt – made up mostly by credit card debt – in January of 2003: $756 billion

Total revolving debt in January of 2009: $976 billion

Number of mailed credit card offerings in 1990: 1.1 billion

Number of mailed credit card offerings in 2005: 6.06 billion

Number of mailed credit card offerings in 2008: 3.8 billion

Minimum percentage increase in the average late fee between 1995 and 2005, adjusted for inflation: 80

Amount of fees charged to credit card customers in 2002: $10.7 billion

Amount of fees charged to credit card customers in 2007: $33 billion

Overview/Summary

Middle Class Position Analysis

Middle Class Supports. Many middle-class Americans rely on credit cards to meet daily expenses. Revolving debt – which mostly stems from credit cards – has increased 66% since 2000 . 80% of U.S. households have at least one credit card and more than 55% of households carried an outstanding balance in 2004. Since credit is increasingly necessary to fund a middle-class standard of living, credit card companies have been able to take advantage of their customers. As credit has become scarcer and card companies more concerned about maintaining their bottom line during the financial crisis, card companies have hiked interest rates even on cardholders with excellent credit.

Consumers have been slapped with excessive and obscure fees and interest charges that, if they are explained at all, are described in small text and confusing language. It is now common practice for credit card companies to apply finance charges twice in a billing cycle (double-cycle billing); to raise interest rates on a credit card for credit problems not associated with that card (universal default); to charge multiple over-the-limit fees; and to apply payments on balances with multiple interest rates to the balance with the lowest rate, all practices banned or restricted under this bill. The Credit Cardholders’ Bill of Right ends the most insidious practices employed by credit card companies, protecting consumers from policies that can keep them mired in credit card debt despite their best efforts to dig themselves out.

Quotes from Experts

Beyond this Bill

Additional Resources

“Modernizing Consumer Protection in the Financial Regulatory System: Strengthening Credit Card Protections,” from the Senate Committee on Banking, Housing, and Urban Affairs

“Reining In Credit Card Abuses,” from U.S. Public Interest Research Group

“The Credit Cardholders’ Bill of Rights,” by Adam Levitin of CreditSlips

Helping Families Save Their Homes in Bankruptcy Amendment of 2009

hmoroz — Fri, 01 May 2009 14:24:08 -0400

Legislation

The middle class

Supports

Video Summary

Injustice Facts

Number of properties on which foreclosure notices were filed in 2008: 2,330,483

Percentage increase in total properties on which foreclosure notices were filed since 2007: 81

Number of foreclosures likely between 2009 and 2012, according to Credit Suisse: 8.1 million

Proportion of all households with a mortgage that will lose their home to foreclosure: 1:6

Number of homes that the Center for Responsible Lending estimates will be saved from foreclosure by the bankruptcy modification provision: 800,000

Average decrease in the property value of each home in the neighborhoods surrounding the foreclosures that are likely to occur in late 2008 and in 2009, in dollars: 8,667

Overview/Summary

Middle Class Position Analysis

Middle-Class Supports. As the economy and the housing and job markets worsen, middle-class households continue to lose equity in their homes and are less able to afford their mortgage payments. The difficulty is compounded for those locked into predatory mortgages with high interest rates. The federal government and the mortgage industry’s continued failure to address the foreclosure crisis adequately could result in as many as 8.1 million foreclosures by 2012. Despite widespread calls for action to confront the crisis, foreclosures increased 81% in 2008. Voluntary mortgage modifications by lenders and banks, encouraged by policymakers in place of comprehensive federal action, have failed to make mortgages more affordable and prevent widespread foreclosures.

Extending the same bankruptcy protections to primary residences that currently apply to luxury yachts and vacation homes is not only fair, but will reduce foreclosures by about 20%, according to Credit Suisse, and benefit about 800,000 households, according to the Center for Responsible Lending. Strengthened bankruptcy protection is also beneficial to middle-class families who are not themselves facing foreclosure: the 2.4 million subprime foreclosures that the Center for Responsible Lending predicts will occur in 2009 will result in a $352 billion decline in property values for homes in neighborhoods surrounding those foreclosures, with an average decrease in property value per home of $8,667. Preventing foreclosures in those neighborhoods will keep property values up, benefiting all homeowners. Indeed, an analysis by the Center for Responsible Lending found that similar legislation would avoid 600,000 foreclosures and thus maintain $72.5 billion in wealth for families not facing foreclosure. Modification of mortgages in bankruptcy will help maintain property values, while keeping middle-class families in their homes, limiting the self-reinforcing spiral of foreclosures and falling home prices.

Quotes from Experts

Beyond this Bill

Additional Resources

“A Tax-Free Foreclosure Solution: Loan Mods Through the Courts,” from the Center for Responsible Lending

Testimony of Adam J. Levitin, Georgetown Associate Professor of Law, on the Helping Families Save Their Homes in Bankruptcy Act, before the House Judiciary Committee

FinancialStability.gov, the U.S. Treasury’s site with details about the President’s Homeowner Affordability and Stability Plan

Fraud Enforcement and Recovery Act of 2009

hmoroz — Tue, 28 Apr 2009 10:02:55 -0400

Legislation

The middle class

Supports

Video Summary

Injustice Facts

Number of Suspicious Activity Reports (SARs), which record suspicious transactions, alleging mortgage fraud in 2008: 62,084

Percentage increase in the number of SARs filed between July of 2007 and June of 2008 over the same period the previous year: 44

Increase in the number of FBI mortgage task forces permitted by the additional funds provided by the Fraud Enforcement and Recovery Act: 24

Total value of all direct spending, loans, and guarantees provided in conjunction with the federal government’s financial stability efforts, in dollars: 4 trillion

Funds committed by investors to a fraudulent investment scheme using the Troubled Asset Relief Program, in dollars: 5 million

Number of civil and criminal investigations into fraud related to the financial bailout opened by the Special Inspector General for the Troubled Asset Relief Program, as of April 2009: 20

Overview/Summary

Middle Class Position Analysis

Reckless and fraudulent lending practices, permitted by lax regulation and regulators asleep at the switch, are a leading cause of the mortgage crisis that has put millions of middle-class homeowners at risk of losing their homes. Approximately half of the subprime loans originated in 2005 and 2006 were made by independent mortgage companies which are less regulated than traditional bank lenders. Operating beneath the radar, these mortgage companies issued abusive mortgages that often targeted the aspiring middle class and minority households. The Fraud Enforcement and Recovery Act strengthens protections against the worst abuses by independent mortgage companies, such as inflated appraisals and other fraudulent activities. Increased resources for the investigation and prosecution of mortgage fraud and fraud involved with the $4 trillion financial bailout will help root out and punish those who take advantage of middle-class Americans and American taxpayers.

Quotes from Experts

Beyond this Bill

Additional Resources

“The Need for Increased Fraud Enforcement in the Wake of the Economic Downturn,” from the Senate Judiciary Committee

Office of the Special Inspector General for the Troubled Asset Relief Program

“Financial Regulation: A Framework for Crafting and Assessing Proposals to Modernize the Outdated U.S. Financial Regulatory System,” from the Government Accountability Office

Credit Cardholders’ Bill of Rights Act of 2009

hmoroz — Wed, 01 Apr 2009 17:08:41 -0400

Legislation

The middle class

Supports

Video Summary

Injustice Facts

Total revolving debt – made up mostly by credit card debt – in January of 2003: $756 billion

Total revolving debt in January of 2009: $976 billion

Number of mailed credit card offerings in 1990: 1.1 billion

Number of mailed credit card offerings in 2005: 6.06 billion

Number of mailed credit card offerings in 2008: 3.8 billion

Minimum percentage increase in the average late fee between 1995 and 2005, adjusted for inflation: 80

Amount of fees charged to credit card customers in 2002: $10.7 billion

Amount of fees charged to credit card customers in 2007: $33 billion

Overview/Summary

Middle Class Position Analysis

Middle Class Supports. Many middle-class Americans rely on credit cards to meet daily expenses. Revolving debt – which mostly stems from credit cards – has increased 66% since 2000. 80% of U.S. households have at least one credit card and more than 55% of households carried an outstanding balance in 2004. At the same time, middle-class households are constantly bombarded with misleading credit card offers even when they cannot afford to take on additional debt. But since credit is increasingly necessary to fund a middle-class standard of living, credit card companies have been able to take advantage of their customers. As credit has become scarcer and card companies more concerned about maintaining their bottom line during the financial crisis, card companies have hiked interest rates even on cardholders with excellent credit.

Consumers have been slapped with excessive and obscure fees and interest charges that, if they are explained at all, are described in small text and confusing language. It is now common practice for credit card companies to apply finance charges twice in a billing cycle (double-cycle billing); to raise interest rates on a credit card for credit problems not associated with that card (universal default); to charge multiple over-the-limit fees; and to apply payments on balances with multiple interest rates to the balance with the lowest rate, all practices banned or restricted under this bill. The Credit Cardholders’ Bill of Right ends the most insidious practices employed by credit card companies, protecting consumers from practices that can keep them mired in credit card debt despite their best efforts to dig themselves out.

Quotes from Experts

Beyond this Bill

Additional Resources

“Hearing to Reignite Debate on Credit Cardholders’ Bill of Rights & Consumer Overdraft Protection,” from the House Financial Services Committee

Debt & Bankruptcy

Amendment #534 (Mortgage “Cramdown” Amendment) to Wall Street Reform and Consumer Protection Act of 2009

Legislation

The middle class

Video Summary

Injustice Facts

Overview/Summary

Middle Class Position Analysis

Related Blog: Header

Quotes from Experts

Related Blog: Text

Beyond this Bill

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Additional Resources

Wall Street Accountability and Consumer Protection Act

Legislation

The middle class

Video Summary

Injustice Facts

Overview/Summary

Middle Class Position Analysis

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Quotes from Experts

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Beyond this Bill

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Additional Resources

Expedited CARD Reform for Consumers Act of 2009

Legislation

The middle class

Video Summary

Injustice Facts

Overview/Summary

Middle Class Position Analysis

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Quotes from Experts

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Beyond this Bill

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Consumer Financial Protection Agency Act of 2009

Legislation

The middle class

Video Summary

Injustice Facts

Overview/Summary

Middle Class Position Analysis

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Quotes from Experts

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Beyond this Bill

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Student Aid and Fiscal Responsibility Act of 2009

Legislation

The middle class

Video Summary

Injustice Facts

Overview/Summary

Middle Class Position Analysis

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Quotes from Experts

Related Blog: Text

Beyond this Bill

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Additional Resources

Credit Card Accountability, Responsibility, and Disclosure Act of 2009

Legislation

The middle class

Video Summary

Injustice Facts

Overview/Summary

Middle Class Position Analysis

Related Blog: Header

Quotes from Experts

Related Blog: Text

Beyond this Bill

Related Blog: Link

Additional Resources

Helping Families Save Their Homes in Bankruptcy Amendment of 2009