To: Lazarus_Long who wrote (30022 ) 2/27/2008 8:42:25 PM From: Ilaine Read Replies (1) | Respond to of 217764 >>Getting Real About the Rescue Some big banks are supporting new proposals to rescue homeowners who owe more on their mortgages than their houses are worth, but let’s get one thing straight: the banks haven’t been struck by a sudden urge to help the needy. Rather, by advocating bailouts, the lending industry is trying to head off a possible change in the law that would let troubled borrowers modify their mortgages in bankruptcy court — where lenders, not taxpayers, would be stuck with the losses. Congress must not kowtow to the lenders. It should insist that borrowers be given a chance to modify their mortgages under bankruptcy court protection before it even thinks of asking taxpayers to pick up the tab for the mortgage mess. Under current law, borrowers cannot rework the mortgages on primary homes in bankruptcy proceedings. Senate Democratic leaders are pushing a bill to let many at-risk homeowners do just that. The House Judiciary Committee has passed a similar measure. Republicans, who are balking, should get on board, or risk leaving their constituents without an effective way to save their homes. If the bankruptcy provision becomes law, as it should, lenders will have a powerful incentive — which they currently do not have — to modify troubled loans voluntarily. If they can’t or won’t come to new terms with borrowers, then they would run the risk that a bankruptcy court would do the modifying for them. So far, despite a lot of promises, the industry has been unable or unwilling to rework the junk loans of the bubble years in ways that come near addressing the enormity of the problem. In contrast, access to bankruptcy court would mean relief for some 600,000 homeowners — not by wiping out their debts, but by modifying the loan terms so borrowers can pay them off over time. Lenders object that by giving homeowners the right to modify their mortgages under court supervision, the bankruptcy amendment would raise the cost of mortgages for everyone, forever. That concern is surely overstated, but not entirely without merit. To address it and other industry worries, lawmakers have proposed constraints, such as limiting the bankruptcy relief to junk mortgages of the past few years. The bankruptcy amendment has another virtue: it could bolster a worthy rescue idea floated recently by the Treasury Department’s Office of Thrift Supervision, one of the nation’s bank regulators. The idea is that if lenders voluntarily agree to loan modifications, they would become entitled to a share of the house’s appreciation, if any, when the house is ultimately sold. Like other Bush administration plans, this one suffers from its emphasis on voluntary cooperation, which has been shown to be inadequate. The bankruptcy amendment, however, would give lenders more incentive to go along, by providing a real downside to not acting voluntarily — losing control to a bankruptcy judge. In the end, taxpayer-funded bailout proposals may make sense, but only if other prudent measures have been exhausted. That has not happened yet. There are two good, complementary ideas on the table — the carrot for lenders offered up by the Office of Thrift Supervision, and the stick provided by the bankruptcy amendment. Congress and the Bush administration should move forward quickly on both of them.nytimes.com