Details on the Housing & Mortgage Relief Bill

July 21 update: Yesterday the “The Housing and Economic Recovery Act of 2008” was passed by the House by an overwhelming 272-152 vote.  It’ now goes back to the Senate where prompt approval is expected.  Meanwhile, the Bush administration has dropped their opposition to the bill’s $3.9 billion in grants for local governments to buy and rehab foreclosed properties, as a trade off for propping up Freddie Mac and Fannie Mae.

Other provisions of the bill in it’s current form include:

  • Permanent increases Fannie, Freddie, and FHA loan limits to $625,000 in the highest cost areas–a significant boost for high priced areas like much of Southern California.
  • A tax credit of  up to $7,500 for first time buyers who close escrow between 4/9/08 and 7/1/09. (We think this will increase demand, and recommend first time buyers contact us now so we can set them up with a personalized “web portal” which allows them to search, save, and categorize properties on the SoCal Multiple Listing Service.  562.822.SOLD.)
  • Provides $11 billion in tax free municipal bond authority for states to set up low interest loans to first time buyers.
  • Tightens regulations to avoid future repeats of the recent mortgage meltdown.
  • Makes FHA mortgages more available, especially for “work outs” of over encumbered (”upside down”) borrowers who qualify and whose lenders will participate by writing down the loan to 90% of the home’s current market value (details in the article below).
  • A tax break for homeowners who don’t itemize:  A $500 - $1,000 write off for their property taxes in 2008.

Overall, we think this bill is a major step in the right direction, and it reinforces the projections we made yesterday for local home price bottoms occurring this winter or next. (See “Home price bottom near for Orange County?“)

Most of the information about the bill in the article below is still accurate, other than the fact that the bill has now passed the House in it’s revised form.

(July 14, 2008, 10:00 a.m.) I just received this info this morning from the National Association of Realtors’ Governmental Affairs Department. It’s the best I’ve seen yet of what the next steps are for the “Federal Housing Finance Regulatory Reform Act of 2008,” better known as the “Mortgage Relief,” “bailout,” or “housing” bill that the Senate approved last week. I’ll pass it on pretty much in it’s entirety:

The proposed $8000 homebuyer tax credit and the FHA and GSE reform and mortgage rescue legislation (H.R. 3221) has passed the Senate and now goes back to the House for what legislators hope will be a binding revision that can pass the House and Senate before the end of July. This “ping pong” effect arises because some Senate Republicans have lodged formal objections to the usual process of taking two differing versions of the bill to a House-Senate conference.

The House and Senate versions of the housing bill are now in very close alignment, with only a few issues to be resolved. Many of the issues revolve around the question of whether the bill will be “paid for.” The major focus of the pay-for problem is the provision in the Senate package that would authorize $4 billion for grants to local governments where communities have been particularly hard-hit by foreclosures. The grants would be made under the Community Block Development Grant program (CDBG). These CDBG provisions are not “paid for.” House Blue Dogs (fiscally conservative Democrats) insist that it be paid for. House Republicans, including President Bush, oppose the CDBG provision altogether. President Bush has threatened to veto the bill, in part because of the CDBG provision. Accordingly, the House has the choice of deleting the grant provisions or finding other, offsetting spending cuts.

Speaker Pelosi (D-CA) also hopes to maintain the 2008 high cost limits of $729,000, while the Senate has agreed to limits up to $625,500 for both the GSEs and FHA. While NAR continues to work for higher limits, it is important to note that even $625,500 is significantly higher than the $550,440 originally passed by the Senate Banking Committee.

Finally, additional tax revenues are needed to close a gap on the tax package. A non-real estate provision has been identified and will likely be added in this final House package, as well. The tax provisions themselves are not likely to be modified in the House.

Financial Services Committee Chairman Frank (D-MA), the architect of the housing and financial reforms, anticipates that the House can finish its work by July 18. If the bill does pass the House by then, the Senate should have adequate time to cast the final vote and send the package to the President for signature by the end of July.

Click here for a chart comparing House and Senate provisions in pdf form.
(Please note: the form is dated “April 2008,” and much has changed in both bill since then.)

Dave again.  As I indicated last week, this legislation is turning out better than I thought. (See “Better than I thought: Taxpayer protections in the “bailout” bill.”)

It’s not going to reverse the home price declines by itself, but it will help reduce the damage caused by the continuing flood of foreclosures.

It’s our opinion that we may be reaching a bottom sooner than originally expected. More about that in a post to come today or tomorrow. But it’s also been our position since November that there are still more surprises ahead. (See “How low will prices go?“)

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2 Responses to “Details on the Housing & Mortgage Relief Bill”

  1. Pamela Mendoza Says:

    Is it true that on December 2007, President Bush signed a bill preventing Mortgage companies from taking court action (deficiency judgement suit) against people who had lost their homestead in Foreclosure? nor give them a 1099 form for the amount of this deficiency so that they will have to pay it in taxes?

    Please advise.

    Thanks

  2. Dave Emerson Says:

    Pamela,

    Re 1099s: I’m not a lawyer or a CPA, but it’s my understanding that the income tax for mortgage relief is being waived for some sellers for 2008. If the home’s your personal residence and it’s your purchase loan that’s foreclosing and the bank takes it back before year-end, I’m pretty sure you’ll be OK, but you really should have an attorney or tax person familiar with the law review your specific situation.

    As for the deficiency judgment, that’s a whole different matter, as I understand it, and varies from state to state, so I doubt that would be covered by a federal law. In California, I can’t remember encountering a lender who went for a deficiency judgment after a routine foreclosure on a personal residence. That’s more common on commercial loans for larger properties. Generally, the lender’s recourse is only to the real property.

    Hope that helps.

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