S. 2636 would provide needed housing reform.
Detailed Summary
Foreclosure Prevention Act of 2008 - Amends the Internal Revenue Code to: (1) authorize proceeds of a qualified mortgage issue to be used to refinance a mortgage on a residence originally financed through a qualified subprime loan; (2) raise the ceiling imposed upon certain state housing bonds; and (3) redefine private activity bonds in connection with tax preference items to exclude certain qualified mortgage bonds or veterans' mortgage bonds issued after the date of the enactment of this Act and before January 1, 2011.
Makes appropriations for: (1) emergency needs of states and local governmental units to redevelop certain abandoned and foreclosed homes; and (2) the Neighborhood Reinvestment Corporation--Payment to the Neighborhood Reinvestment Corporation [<i>sic</i>] for foreclosure mitigation activities.
Waives the counseling prerequisite upon certification that a debtor's principal residence is scheduled for foreclosure.
Helping Families Save Their Homes in Bankruptcy Act of 2008 - Authorizes a bankruptcy plan for individuals with regular income to: (1) modify an allowed secured claim secured by the debtor's principal residence if the debtor's income is insufficient to retain possession of the residence by curing a default and maintaining payments while the case is pending; (2) provide for payment of such claim for a period not to exceed 30 years; (3) permit the addition of certain costs to secured debt under specified circumstances; and (4) waive any prepayment penalty on a claim secured by a debtor's principal residence.
Permits the debtor to proceed as the real party in interest under specified circumstances.
Authorizes the bankruptcy court, in certain proceedings involving an individual debtor with primarily consumer debts, to hear and determine the proceeding and to enter orders and judgments in lieu of arbitration.
Creates a principal residence homestead exemption for debtors over 55 years of age.
Directs the bankruptcy court to disallow claims or interests subject to any remedy for damages or rescission due to noncompliance with state or federal consumer protection law, notwithstanding a prior foreclosure judgment.
Mortgage Disclosure Improvement Act of 2008 - Amends the Truth in Lending Act to set forth disclosure requirements governing certain extensions of credit secured by the dwelling of a consumer.
Increases civil liability penalties for violations of such Act.
Amends the Internal Revenue Code to: (1) set forth carryback rules for net operating losses for specified taxable years; and (2) modify the limit on certain net operating losses carrybacks and carryovers.
Status of the Legislation
Latest Major Action: 2/14/2008: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 577.
Points in Favor
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Points Against
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Visitor Comments
Jim
Though I have not found the text for this bill, s.2136 I have read. I hope that this bill is effective in resolving the problem with title 11 section 1322(b)(2) and people that are facing financial challenges caused by escalating loan payments beyond their means and unsustainable into loans which help with keeping in homes with sustainable loans. We need the above mentioned clause which is preventing people from completing successful chapter 13 plans stricken. Also the previous bills in the house and Senate are getting me confused. How can we get any legislation passed in a timely manner to be effective if we keep introducing bill upon bill with the basic subject matter covered repeatedly. We only need one wheel and all the resources available to help chisel it round for forward momentum. We currently have about as many versions of this bill as a semi and trailer has wheels.
Jim
I read the bill. It is better to pass title IV as a separate measure as s.2136 is already under way.
It would also make it easier to determine what is going on with legislation.
If a value-pak form of the legislation needs passed to get title IV passed instead of the bill already under way, we need to determine if we want all of the other measures this bill includes.
Jim
It is reassuring that two of the perspective Presidential candidates along with well known Senators are co-sponsoring this legislation. Title IV is my main concern but the other provisions are valuable also.
Jim
It is apparent that this legislation is being held up from proceeding due to partisan crippling regarding legislation that would help those living on the lower end and within the middle of economic means.
It appears that is is definitely needed to rid the Senate and the House of members who are stalling this legislation in order to fight the majority and make it look as Democratic members are not doing enough to protect their constituents.
It is needed to reduce the number of Republican party members in both the Senate and the House if Republicans do not want to consider this helpful legislation.
Jim
I hear a lot of conversations where Title IV was stripped from this legislation by 10 bought and still being paid for Democratic Senators along with the usual pay rolled GOP Senators and an Independent (yea, independent!) Senator.
Without this title being re-instated as the legislative bickering and stalling trickles through to an ending compromise, this legislation would do very little to prevent Foreclosures. It would enrich banks, give home builders tax rebates but very little in regards to preventing massive home displacement.
The greed and disregard for the struggling homeowner needs to be addressed. Political party expectations pretty much limit straight party considerations.
Jim
continued:
Either the political parties must rid their ranks of Senators who have financial gain and self profiteering motives out of Congress or the majority party will no longer be able to show that they are for their constituents, not their second (or first) job of taking financial personal gains over legislating for the peoples protection.
Jim
Also, wouldn't a bill that is titled foreclosure prevention need to contain something that prevents foreclosures from happening?
This bill without Title 11 included should be retitled "After Foreclosure cleanup" or "The banks own the politicians" or as our very disastrous Administration branch, simply called "SO!" or maybe "The other Bush will veto bill!"
Jim
Clarification:
Inclusion of Title IV regarding the exception in section 1322(b)(2) of title 11.
Kathy
We purchased a foreclosed home Dec. 28th 2007 that had been on the market 2+ years. Do you think we would qualify for the $7k tax credit? Or will that only be for people buying foreclosed properties beginning when the bill is entered into law?
Jim
The tracking for this legislation is tough to follow. I read that it is a $3500 per year for 2 years. You might have better luck searching for $7000 tax incentive for properties in foreclosure.
I believe that it is for properties bought after the date legislation is approved. I believe the credit will face opposition from legislators on both sides.
Hopefully someone following that provision answers your inquiry.
Title IV is the portion of this bill that mostly holds my interest in this legislation.
Charles
The $7000 tax Incentive for properties in foreclosure. I will make my senator, Chris Dodd, pay for this. Once Connecticut voters find out what he has done (and I will tell them), he will NOT be re-elective 1010.
I can't express in words how angry I am. They don't have words vile enough in the english language
Charles
The $7000 tax Incentive for properties in foreclosure is SICK. I will make my senator, Chris Dodd, pay for this. Once Connecticut voters find out what he has done (and I will tell them), he will NOT be re-elective 1010.
I can't express in words how angry I am. They don't have words vile enough in the english language
Jim
If this incentive is for properties not yet foreclosed upon, then the $7000 tax incentive might be appropriate and in line with preventing foreclosure.
If this proposal is geared at post foreclosure cleanup the proposal would only help bank and would be not be in line with the title of the bill.
I agree, I would not even put such a provision in the bill. It is dastardly to even encourage further foreclosures with ta incentives. Regarding Dodd, I thought he ws set to help families.
Jim
Senators fighting this legislation. All Republican senators against. Following Democrats(?) and Independent Senator listed below:
Lieberman (ID-CT)
Baucus (D-MT)
Byrd (D-WV)
Carper (D-DE)
Johnson (D-SD)
Landrieu (D-LA)
Lincoln (D-AR)
McCaskill (D-MO)
Nelson (D-NE)
Tester (D-MT)
Resource:
HR 3221 - votes to table amendment.
solution:
Remove all listed Democrats and Independent and every Republican Senators from the Banking Sente
lLL
I LOOKED INTO REFIANCING MY HOME,I;VE LIVED IN FOR 15YRS.I;M A LITTLE IFFY BECAUSE MY HOME IS ALMOST PAID FOUR. 10YRS TO GO.IF THE ECONOMY DOESN;T CHANGE SOME I JUST MIGHT TO BITE THAT BULLET.
Adam
The $7,000 tax incentive is geared toward post foreclosure cleanup like Jim mentioned. However, only purchasers using the home as a principal residence can take advantage of the credit, so it's unlikely that banks will benefit from this. My only question is that, since the banks will likely be the purchasers at foreclosure sales anyway, is the tax credit available to home buyers purchasing from the bank after foreclosure? If so, it seems like a pretty good provision that could encourage quick turnarounds to families who might not otherwise be looking to buy. If not, it seems like a provision that won't help anyone (banks or individual buyers).
Gary
The $7000 incentive is written to encourage perspective buyers to purchase a foreclosed home and clean out this part of the real estate inventory. A foreclosed property can only be termed as "foreclosed" if the bank already has taken it back from the original owner. So the $7,000 incentive will only directly help buyers of these homes. This provision benefits the banks only by removing the property from their REO inventory which as we all know is a "cost" to the bank/mtg company. Given the entitlements of this bill, this provision is imo helpful to quickly clearout foreclosed properties within communities so that they do not continue to drag the values of the houses around them down.
Brenda
Maybe someone can point in the right direction and educate me on any chances I might have to refinance my home mortgage that I and my two sons have lived for over 8 years. Long story short, I had a 6 percent interest rate, lost my job and went into another field, better benefits less pay, My pay was cut in half, I fell behind on all my bills and was consistenly paying late, it was ruining my credit, I requested a refi, and was granted one at 9.125 percent (which is killing me) and was told I would only have to pay that for 12 months, prove I make payments on time, then I would be able to refinance. When 12 months came along which was Nov. 07 I was told now that I could not refinance due to the housing crisis and the stricter guidelines although I brought my credit score up.
Acedebase
This bill is an outrage and an insult to every fiscally responsible American that has been shut out of the housing market because they were not willing to give into impulse buying, and irresponsible lending and borrowing practices. Everyone involved in the housing correction is to blame - the lender AND the borrower. To allow this bill to pass means that no American need be held accountable for their own greed and folly - I'll go and purchase a house 3 times more expensive than my income can afford because your tax dollars will bail me out. OUTRAGE!!
Justin
I am all for the tax incentive for foreclosed homes. I recently bought a foreclosed home so hopefully they'd backdate for credit but nonetheless foreclosures suck the life out of the market decreasing everyones value. The faster the number of them are reduced the better for the overall market. We'll see I'm fine with it either way good arguments on both sides.