J. Dinkins G. Grange is an attorney in Northeast Florida, helping his clients find solutions to their financial problems, which in some cases includes bankruptcy in some cases. This Blog contains general bankruptcy relevant information. His practice includes representing clients in various areas of civil litigation including Fair Debt Collection Practices Act, Chapter 7 and Chapter 13 bankruptcies, foreclosure defense and probate.
Friday, February 3, 2012
The Principal Paydown Plan Hits a Snag
Please find following, a letter from Billy Brewer, the President of the National Association of Consumer Bankruptcy Attorneys concerning the Principal Paydown Plan. Despite the efforts of many, the Federal Housing Finance Agency does not favor the plan. Hopefully with the help of those favoring the plan, it will move forward, but just not as fast as what we had hoped for.
Thanks to the good work of so many members, NACBA’s Principal Paydown Plan to
help underwater homeowners in chapter 13 bankruptcy avoid foreclosure, has been
endorsed by a substantial number of Members of Congress who in turn have pushed
for action by the Federal Housing Finance Agency (FHFA) to implement the plan.
In a series of private meetings and in letters to FHFA, Senators and Members of
Congress have asked the FHFA to use its authority over Fannie Mae and Freddie
Mac to require them to agree to the Principal Paydown Plan when proposed by a
homeowner trying to save a home in chapter 13 bankruptcy.
FHFA Director DeMarco’s initial positive comments about the Principal Paydown
Plan, which he said struck him as “being responsible,” and a “credible way to
address the crisis while recognizing various interests mortgaged properties,” he
recently wrote to Congress informing them that the agency would not be
implementing the Principal Paydown Plan. FHFA concluded that few GSE borrowers
have filed for chapter 13 bankruptcy and are underwater and therefore the
proposal would not be all that helpful. They did, however, commit to doing what
they can to help eligible borrowers in bankruptcy get the HAMP modifications
they qualify for.
the FHFA response is disappointing and inadequate, and we believe wrong, we are
gratified that the many Members of Congress who have pushed for this solution
continue to be engaged and are looking for ways to get the Principal Paydown
Plan implemented despite the FHFA’s position. These Members of Congress
recognize, as so many of us do, that the foreclosure crisis is not going away
anytime soon and so long as it continues, the nation will not enjoy the kind of
recovery that is needed to stabilize the economy and get people back to
hope you will join the Board of Directors and Legislative Committee in
continuing to get the word out about the Principal Paydown Plan and to seek
support for it. Our allies on and off Capitol Hill are committed to keeping up
the push. We take some comfort in knowing that NACBA was among the first to
sound the bell more than five years ago about the impending foreclosure crisis
and to propose a widely embraced solution that would have helped minimize the
damage that has been done to the economy. We were right then in proposing
legislation to permit modification of mortgages in bankruptcy, an idea that
again is gaining currency among policymakers, economists and others. The
Principal Paydown Plan was designed to achieve the same desired result without
engaging the same level of opposition to changes to the bankruptcy code.
look forward to continuing to work with you to build support for the Principal
Paydown Plan. Please contact either of us if you have questions or