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Tampa Bankruptcy Attorney’s Update to the Bankruptcy Mortgage Reduction or Bankruptcy Mortgage Modification Amendments:
Senate Rejects Mortgage Cramdown Provision
The Senate defeated by 51 to 45 votes an amendment to the Helping Families Save Their Homes Act that would have granted bankruptcy judges broad authority to modify the mortgage terms for
at-risk homeowners.
Assistant Senate Majority Leader Dick Durbin, D-Ill., chief sponsor of the ‘cramdown’ provision, said he was disappointed with the vote but would continue to bring the issue to the floor “until the
Senate decides to put the interests of homeowners above the interests of bankers.” Durbin noted that the number of homeowners at risk of losing their homes now stands at over eight million,
compared to nearly two million only two years ago.
“We’ve given the bankers who got us into this crisis every opportunity to responsibly address this crisis and they have failed,” Durbin said.
The White House said that notwithstanding the Senate vote on the Durbin amendment it looks forward to working with Congress to craft “appropriately tailored legislation to provide a mechanism
for homeowners who are out of other options to file for bankruptcy and implement a responsible plan to pay the debts that they are able to pay.”
Meanwhile, Senate Minority Leader Mitch McConnell, R-Ky., said the provision would have lead to higher interest rates and even greater uncertainty in the housing and credit markets. “It’s clear
that we cannot fix the housing problem by implementing bad policies,” he said.
The American Bankers Association agreed, noting that Congress and the administration have taken several strong steps to help troubled borrowers and get the economy back on track. “Giving
bankruptcy judges broad cramdown authority would work against those efforts and effectively undermine the goal of stabilizing the housing market,” the association said.
Analysis: Your Tampa Bankruptcy Lawyer notes that this means that for the time a Bankruptcy cannot be used to reduce the principal
amount due on a first mortgage, but since the House has passed the Bankruptcy Reform Bill, it is possible that a Bankruptcy Judge may have
the authority to cramdown or modify a mortgage in the near future.
Senate Rejects Mortgage Cramdown Provision
The Senate defeated by 51 to 45 votes an amendment to the Helping Families Save Their Homes Act that would have granted bankruptcy judges broad authority to modify the mortgage terms for
at-risk homeowners.
Assistant Senate Majority Leader Dick Durbin, D-Ill., chief sponsor of the ‘cramdown’ provision, said he was disappointed with the vote but would continue to bring the issue to the floor “until the
Senate decides to put the interests of homeowners above the interests of bankers.” Durbin noted that the number of homeowners at risk of losing their homes now stands at over eight million,
compared to nearly two million only two years ago.
“We’ve given the bankers who got us into this crisis every opportunity to responsibly address this crisis and they have failed,” Durbin said.
The White House said that notwithstanding the Senate vote on the Durbin amendment it looks forward to working with Congress to craft “appropriately tailored legislation to provide a mechanism
for homeowners who are out of other options to file for bankruptcy and implement a responsible plan to pay the debts that they are able to pay.”
Meanwhile, Senate Minority Leader Mitch McConnell, R-Ky., said the provision would have lead to higher interest rates and even greater uncertainty in the housing and credit markets. “It’s clear
that we cannot fix the housing problem by implementing bad policies,” he said.
The American Bankers Association agreed, noting that Congress and the administration have taken several strong steps to help troubled borrowers and get the economy back on track. “Giving
bankruptcy judges broad cramdown authority would work against those efforts and effectively undermine the goal of stabilizing the housing market,” the association said.
Analysis: Your Tampa Bankruptcy Lawyer notes that this means that for the time a Bankruptcy cannot be used to reduce the principal
amount due on a first mortgage, but since the House has passed the Bankruptcy Reform Bill, it is possible that a Bankruptcy Judge may have
the authority to cramdown or modify a mortgage in the near future.
Tampa Foreclosure Attorney 1112 E. Kennedy Blvd, Tampa Fl 33602, Galewski Law Group, P.A.
The Galewski Law Group provides Bankruptcy, Divorce and family law services including child custody, alimony, support, martial asset distribution and protection including Chapter 7, Chapter 11
and Chapter 13 bankruptcy, foreclosure defense, short sale,and loan modification representation to clients throughout the Tampa Bay Area in cities that include Tampa, Clearwater, Tarpon
Springs, St. Petersburg, Palm Harbor, Dunedin, Lutz, Holiday, Safety Harbor, Oldsmar, Sarasota, Crystal Beach, Bradenton, Brandon, Plant City, Trinity, Lakeland, Spring Hill, New Port Richey,
Port Richey, Largo, Seminole, Pinellas Park, Ozona and throughout Hillsborough County, Pinellas County, Manatee County, Pasco County, Polk County, Sarasota County and Hardee County.
and Chapter 13 bankruptcy, foreclosure defense, short sale,and loan modification representation to clients throughout the Tampa Bay Area in cities that include Tampa, Clearwater, Tarpon
Springs, St. Petersburg, Palm Harbor, Dunedin, Lutz, Holiday, Safety Harbor, Oldsmar, Sarasota, Crystal Beach, Bradenton, Brandon, Plant City, Trinity, Lakeland, Spring Hill, New Port Richey,
Port Richey, Largo, Seminole, Pinellas Park, Ozona and throughout Hillsborough County, Pinellas County, Manatee County, Pasco County, Polk County, Sarasota County and Hardee County.
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