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A novel idea: Using eminent domain powers to modify mortgage loans

Here’s a novel idea to fight the foreclosure threat: Allowing cities and towns to use their eminent-domain powers to take over underwater homes and then effectively reissue mortgages for lower amounts, reflecting the true and lower value of homes.

One of the main problems facing the housing industry is that a lot homes are now underwater, or valued less than the original mortgages taken out on them, and yet those individual mortgages are stuck in huge securities packages that makes them hard to get at. It’s almost impossible to individually modify these loans.

But if a government could take over a specific property, and its mortgage, via eminent domain, and then find new investors to issue a more favorable mortgage to people, then, voila! End of problem. Or so the theory goes.

One problem: Do you really want the government using such powers? It would be a very unorthodox use of eminent-domain powers. What’s to stop local municipalities from using that same power for other home-ownership programs? The possibilities of mischief and favoritism seem almost endless.

Still, it’s a fascinating, if somewhat discomforting, idea.

An update: Scott notes that there’s still a huge gap between what sellers and buyers think is the true value of a home.

Read other posts about: us and world economy

One Response to “A novel idea: Using eminent domain powers to modify mortgage loans” »»

  1. Comment by Funny | 07/10/12 at 10:55 am

    I don’t see how this would work, as it still doesn’t address the complexity issue. Can you imagine the blow-back of the government nullifying “legitimate” securities? Especially ones as much tied into people retirement accounts as Mitt Romney’s offshore “shelters”.

    The problem can’t be to fix what has come to pass, but for the government to do it’s damn job and regulate these things going forward.

    Systems to document ownership back to original mortgages, records of how they’re rated, and abilities to audit and prosecute fraudulent practices need to be upheld.

    Look at Europe and LIBOR, they’re actually criminally prosecuting the people who wittingly broke laws and profited millions from doing so. Who would have though?

    Government is supposed to be a counterbalance to the excesses of Capitalism, much as we have the separation of powers withing government. Otherwise, we allow capitalism to eat itself to the bone.

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    Charlestown average condo sales price in the 1st Q of 2012 - $491,085
    Charlestown average condo sales price in the 1st Q of 2011 - $485,918

    Charlestown median condo sales price in the 1st Q of 2012 - $435,000
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    Charlestown condo 1st Q 2012 sales price per square foot - $432
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    Fenway average condo sales price in the 1st Q of 2012 - $404,579
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