In a welcome move, the Federal Housing Finance Agency (FHFA) released a
statement yesterday affirming
what we already know: Using eminent domain to seize "underwater" mortgages ("underwater" is used loosely here; more below) is an outrageous and inappropriate use of the government's power to seize private property.
The FHFA has threatened to sue local municipalities and private investors who look to eminent domain to grab mortgages, sell them back to homeowners at a reduced rate and run away with spectacular profits. This use of eminent domain would in all likelihood dry up most housing finance in the future. Now that the FHFA is backing away from eminent domain, mortgages backed by Fannie Mae or Freddie Mac in those cities - including Richmond., Calif. and El Monte, Calif. - threatening to use eminent domain may be at further risk.
Really? We are having enough
trouble already with the PATH Act, federal legislation impacting Fannie Mae and Freddie Mac. Just when the housing market is starting to improve - and the economy along with it - it is remarkably unwise to scare away funding for those families who are qualified to purchase a home. Both the PATH Act and the improper use of eminent domain risk driving the housing market right back down. For this reason we applaud the FHFA's action and we only hope that Congress will also show its support of the housing recovery by voting down the flawed PATH Act.
And what does "underwater" mean?
We've seen elsewhere that the proposal to use eminent domain to seize mortgages has poorly defined criteria, or criteria that enables those investors to cherry pick the loans they like the best. Richmond, El Monte and other cities take note. If it looks like the deal is too good to be true, it's because it is.