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Obama Administration vs. mortgage bondholders

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The Obama Administration created a plan to reduce foreclosures by modifying mortgage targets for up 4 million homeowners. The program was announced on February 18. The key provisions include subsidies to lenders, including bond investors to help lower a borrower's housing payments to 31% of their income. Bondholders do not like the idea that incentives would be given to loan servicers, the industry middlemen who decide which loans are to be reworked. Servicers can get $1000 for each modified loan and an additional $500 for every loan changed before borrowers fall more than two months behind, and $1000 annually for as many as three years of on-time payments.

So far six servicers have signed up including JP Morgan Chase & Co (NYSE: JPM) and Wells Fargo & Co (NYSE: WFC). Government payments to these companies may total $9.9 billion.

With that said, mortgage bondholders are drawing up battle lines to fight these changes. Some of the arguments hinge on some very legal issues and deal with contract law. For example, changing the original terms of a mortgage, which is a legal contract, is a breach of that contract with no recourse available.

Secondly, and most obvious, is that mortgage holders would suffer loss of income through restructuring by changing the rate of interest, which would be lower, and even the length of the loan which would affect future income.

Thirdly, persons who invested in these mortgages would suffer loss of income. These might be pension plans, endowment funds, or large investors.

Fourth, there is the criticism that large banks such as JP Morgan Chase & Co own $450 billion in home equity loans and would have the power to refinance their own loans and receive government money for doing so.

So with all of these issues involved in such a complex web of transactions, four coalitions have been formed to do battle on these issues led by Amherst Securities Group of Austin Texas. With so much at stake you will hear much more about this topic in the days and weeks to come.

What are your thoughts on these issues?

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Last updated: November 26, 2009: 03:06 PM

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