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<div class="timestamp">September 1, 2012</div>
<h1>Still No Justice for Mortgage Abuses</h1>
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<p>
It has been six months since the big banks settled with state and
federal officials over evidence of widespread foreclosure fraud,
promising to provide $25 billion in mortgage relief in exchange for not
being sued over past foreclosure abuses. </p>
<p>
At the time, it looked like a sweet deal for the banks. The fines were
paltry compared with the damage done to homeowners and the economy. And
much of the relief the banks were obliged to provide could be met by
continuing more or less with business as usual. </p>
<p>
It still looks like a sweet deal. </p>
<p>
The Office of Mortgage Settlement Oversight, the monitor of the
settlement, released a preliminary report last week showing that 138,000
homeowners had received some form of relief from March 1 through June
30. That is roughly the number that would have been expected under
various aid programs in effect before the settlement. Worse, with some
three million borrowers now in or near foreclosure, according to Moody’s
Analytics, it is nowhere near the level of relief needed to fix the
housing market. </p>
<p>
The type of relief provided — mostly short sales, in which a bank allows
a homeowner to sell for less than is owed on the mortgage — had become
increasingly common before the settlement. </p>
<p>
Short sales are better than foreclosures, in part because they prevent
vacancies that depress house values. But they are not punishment for
wrongdoing in any meaningful sense; rather, they allow banks to get
higher prices for underwater properties than they could have gotten in
foreclosure sales. </p>
<p>
Nor do they fulfill the settlement’s main purpose: to keep underwater
borrowers in their homes by reducing the principal on their mortgage
loans. According to the monitor’s report, $8.7 billion of debt has been
written off in short sales versus only $750 million of principal
reduction from loan modifications. </p>
<p>
The settlement was not, of course, intended as a cure for the housing
bust. And future progress reports will no doubt show many more
homeowners receiving big loan modifications. But, based on the banks’
performance so far, it also seems likely they will be able to structure
the required relief in ways designed to tidy up their balance sheets,
rather than to save as many homes as possible. </p>
<p>
Even the relief that is provided may turn out to be less than meets the
eye. That’s because much of the debt forgiven in short sales and loan
modifications will be counted as taxable income to the borrowers,
creating huge tax bills they will not be able to pay. </p>
<p>
Mortgage debt that is forgiven is exempt from taxation under current
law, but only if the debt was used to buy or improve the house. The law
does not exempt debt forgiven on many home equity loans, even though the
foreclosure settlement envisions billions of dollars in modifications
to such loans. </p>
<p>
Several bills in Congress call for extending the law, which is set to
expire at the end of the year. But what is obviously needed is a broader
law shielding all forgiven mortgage debt from tax. </p>
<p>
Meanwhile, an investigation into the mortgage abuses that led to the
financial crisis, promised by President Obama in January, has been slow
to produce results. The settlement left open the possibility of civil
and criminal suits on mortgage securitizations and other practices that
inflated the bubble. The aim is to produce deeper accountability and
larger fines with which to provide even more mortgage relief, but no
suits have yet been filed. </p>
<p>
The economy will not recover and justice will not be done unless and until the mortgage mess is resolved. </p>
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