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H..R. 1728: The Death of Creative Financing
Mandelman Matters Blog ^ | 6-11-09 | Mandelman

Posted on 06/14/2009 11:53:09 AM PDT by adm5

H.R. 1728 passed the House by an overwhelming majority in a record three days time. Now it’s in the Senate and is widely expected to pass quickly as well. Why the rush? Is AIG planning to hand out zillions in bonuses again?

My guess would be that our elected representatives and their banking benefactors would prefer that we don’t know anything about it.

Consider this scenario:

You own a house. You want to sell it.

Someone wants to buy it.

You decide to sell it to the person who wants to buy it and carry the paper yourself for whatever reason. Maybe you want the income instead of the cash. Maybe you’re just particularly fond of the buyer, I don’t know.

I’m sorry… you can’t. It’s illegal.

(Excerpt) Read more at mandelman.ml-implode.com ...


TOPICS:
KEYWORDS: 111th; banking; bhoeconomy; bigbrother; biggovernment; communism; economy; finances; financing; hr1728; loans; lping; nannystate; notbreaking; obama; pimpyoblog; policestate; socialism
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H.R. 1728 passed the House by an overwhelming majority in a record three days time. Now it’s in the Senate and is widely expected to pass quickly as well. Why the rush? Is AIG planning to hand out zillions in bonuses again?

My guess would be that our elected representatives and their banking benefactors would prefer that we don’t know anything about it.

Consider this scenario:

You own a house. You want to sell it.

Someone wants to buy it.

You decide to sell it to the person who wants to buy it and carry the paper yourself for whatever reason. Maybe you want the income instead of the cash. Maybe you’re just particularly fond of the buyer, I don’t know.

I’m sorry… you can’t. It’s illegal.

Huh? Excuse me. It’s my house… Why can’t I sell it to whomever I choose, however I choose.

Nope, sorry. You’ll have to become a “lender” and get a lender’s license.

Why? I’m not a lender.

Well, because you’re only allowed to sell your own house once every three years without going through the bank for a mortgage. And there are a lot more rules than that, believe it or not.

It has to be a 30-year, fully amortizing loan and you must comply with RESPA regulations, provide Truth in Lending documentation, and “verify” that the borrower is able to repay the loan, just like the banks don’t.

You can read the bill for yourself… I’m going to stop right here for a moment.

The moniker for the HR 1728 bill is the Mortgage Lending and Anti-Predatory Lending Act, so it sounds absolutely fabulous, doesn’t it? It sounds like something we’ve needed for a long time… a bill to stop “predatory lending”. Who could possibly be against that?

(Before I go on, I’d like to register my extreme displeasure at being treated like I’m four years old by our elected representatives. They obviously believe that I’ll be happy to eat cow pies if they’ll just call them Ding Dongs.)

Look, obviously this is an important piece of legislation. After all, just look at what caused this unstoppable catastrophic meltdown in the first place. If it weren’t for a bunch of individual homeowners selling their own homes to other people and carrying back the paper themselves we never would have gotten into this mess in the first place. Those sellers obviously have to be stopped.

There’s another clause in this bill that I found absolutely unbelievable. The bill says that if you own rental units and the government decides that you’re at risk of foreclosure, the government can seize your property… before you’re foreclosed on, mind you. Someone wakes up in the morning and decides that you might lose your units to foreclosure, and you are screwed.

You want time to go over that one again? It’s perfectly understandable if you do.

What it said was that the legislation makes it possible for the government to seize your rental units if they deem that you are at risk of losing the property to foreclosure. I assume the intent is to prevent renters from being put out of their rented homes, which is perfectly understandable because everyone knows that it’s only okay to put actual homeowners out of their homes.

Now, I know that usually I like to go into some level of detail on these types of things, but this time I’m keeping it short and sweet. A memo ought to do it…

Memo to the Members of the U.S. Politburo… I mean Senate:

Don’t even think about it. It’s none of your Godxxxx business who I sell my house to, and if I want to get paid in marbles over 16 months with a 5,000 Twinkie balloon payment at the end of a year ending in 7, I don’t give a rat’s right foot what you guys in congress think about it. Want to know what else… get your lazy, self-important asses back to working on something that’s actually a problem, because we’ve got plenty of those and a big part of why we have plenty of those is that you guys can’t seem to stay focused on anything important for more than an hour or so. If you want to blow the banking lobby, do it on your own time… got it?

Now, back to the rest of us. Let’s get serious here. This is crap and we all know it. But the banking lobby is going to just keep throwing their heft around as they please until we put our collective foot on someone’s neck. I’m serious about this. If we don’t.. what’s next? You can’t sell more than one of your cars every eighteen months without becoming a car dealer, and providing floor mats?

People, we have HUGE problems that no one in our government has even come close to solving and this is what they’ve got time to work on? If we just sit back and say… “Oh well,” then we deserve everything we get in the future.

Remember AIG bonuses? We had congress jumping all over the place like they had ants in their pants over those bonuses. One week of pitchforks and torches and they were passing “90% Bonus Tax” legislation. Let’s flex our muscles on this piece of crap bill, and maybe after a time or two, our elected representatives will realize that we’re not playing around here.

Look… if you don’t agree, here’s what Sen. Barbara Boxer authored to add to a bill about a week or two ago:

A provision authored by Sen. Boxer requires homeowners to be alerted within thirty days if their lender sells or transfers their home mortgage loan. The measure would help homeowners whose efforts to avoid foreclosure have been complicated because they can’t find out who owns their mortgage. ”Homeowners have the right to know who owns their mortgage,” said Sen. Boxer. ”This measure will give homeowners another tool to fight unlawful foreclosures and renegotiate their loans so they can stay in their homes.”

Well… it’s about time. That’s exactly why my best friend lost his home… he couldn’t find out who owned his mortgage. It was soooo frustrating. They never even foreclosed. Finally, after missing five payments, he just gave up and moved out.

See what I mean. It’s out of Goddamn control over there. We have hundreds of bankrolled idiots running things in D.C. and they don’t even think there’s anything wrong.

Let’s let each of our respective senators know that if they even consider voting for this bill, we will all be actively campaigning against them Obama-style in their next election… no matter which party they’re attending.

Unemployment’s going through the roof, and we’ve had 1 million foreclosures since January 1, 2009. Fix that, you grandstanding morons. And leave my house alone. Don’t worry… the way things are going the bank will have it back soon enough.

And on a more serious note, in the years to come, seller financing will be the only way that hundreds of thousands of Americans can buy houses, so in terms of our eventual economic recovery, this bill can only hurt.

Here’s a link to the bill if you want to read it: http://www.govtrack.us/congress/billtext.xpd?bill=h111-1728

And by the way, I don’t think sending a letter or email is enough.

Let’s send each of our respective senators pairs of kneepads, and a map to the banks in their area. Seriously.

1 posted on 06/14/2009 11:53:09 AM PDT by adm5
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To: adm5

:)


2 posted on 06/14/2009 11:57:28 AM PDT by Principled (Get the capital back! NRST!)
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To: adm5

My question is what authorizes the House and Senate members to decide who can enter into a contract. It is private property that we are talking about. If you own it you should be able to sell it, or you simply do not own it. Only pay taxes on it.

Is this the new method of financing that will bypass the bailed out banks?

Smell a very Big Rat (Demon Rats) on this one.


3 posted on 06/14/2009 12:00:43 PM PDT by Texas Fossil (Once a Republic, Now a State, Still Texas)
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To: adm5

Bump. Thieves in Congress alert.


4 posted on 06/14/2009 12:01:25 PM PDT by Dr. Eckleburg (("I don't think they want my respect; I think they want my submission." - Flemming Rose))
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To: adm5

And how, exactly, does restricting the options available for property transfer at all help the housing industry?

Actually, I am betting the Realtors don’t object to this much, since buyer and seller might not NEED a Realtor for a deal like this.


5 posted on 06/14/2009 12:01:27 PM PDT by Kansas58
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To: adm5

Get to know the acronyms HERA and HOEPA.
They are Bush passed regulations that are going to bring huge changes to mortgage lending.

In short, more paperwork, more regulation, and a huge pain in the behind for everyone.


6 posted on 06/14/2009 12:01:36 PM PDT by HereInTheHeartland (I agree with Rick..)
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To: adm5

I think this might be beyond awkward. Is it time yet, Claire?


7 posted on 06/14/2009 12:06:23 PM PDT by no-s
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To: Texas Fossil

Also, consider if the socialist can do this, they can certainly make selling guns to a private party illegal as well.

You’ll have to get a “gun dealers license” a.k.a. gun registration.


8 posted on 06/14/2009 12:07:02 PM PDT by adm5 (YOU CANNOT FIX CAPITALISM WITH SOCIALISM! -Glenn Beck)
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To: Principled

The only way to defeat this nonsense is to ignore it. Of course, the overthrow the current government of criminals comes to mind as well.


9 posted on 06/14/2009 12:07:54 PM PDT by Oldpuppymax (AGENDA OF THE LEFT EXPOSED)
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To: adm5

Congress is touting this as a way to deal with unscrupulous house “flippers” who offer owner-finance to unwitting consumers.

It’s REALLY more about the banks ensuring their job security, by forcing both homeowner/sellers and home buyers to go through the the banks for financing.

Based upon what we’ve seen from them, and their lending practices, I think they are HARDLY in a position to criticize Owning-Financing. Especially when owner financing lenders aren’t being held hostage by the underwriters, as we are currently seeing from the home mortgage industry.


10 posted on 06/14/2009 12:09:00 PM PDT by BP2 (I think, therefore I'm a conservative)
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Comment #11 Removed by Moderator

To: adm5

Directive 10-289

It’s coming.


12 posted on 06/14/2009 12:11:59 PM PDT by fanfan (Why did they bury Barry's past?)
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To: adm5

ATTN: It is already illegal to sell guns to another party unless you go through a person with FFL, at least in CA, I believe, however, that it is a federal law.


13 posted on 06/14/2009 12:19:20 PM PDT by calex59
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To: adm5

This can’t be right. This is how I’ve purchased two houses. Directly from the owners, no banks, lawyers, or other red tape bureaucratic crap involved. I’ll never buy another house any other way.


14 posted on 06/14/2009 12:21:01 PM PDT by Domandred (Hope is the first step on the road to disappointment.)
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To: adm5

More on HR 1728 here:
http://reitips.com/kill-bill-hr-1728/


15 posted on 06/14/2009 12:21:09 PM PDT by hyperconservative (It's a constitutional, representative republic and it's worth fighting for--always.)
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To: Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; Alexander Rubin; Allerious; ...



Libertarian ping! Click here to get added or here to be removed or post a message here!
(View past Libertarian pings here)
16 posted on 06/14/2009 12:30:01 PM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: calex59

Um, negatory. Hence the leftist terminology, “Gun Show Loophole” which means private party transactions, regardless of where it takes place.

I don’t know about Kahlifoonya though, knowing that state, it sounds about right.


17 posted on 06/14/2009 12:30:16 PM PDT by adm5 (YOU CANNOT FIX CAPITALISM WITH SOCIALISM! -Glenn Beck)
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To: BP2
In Michigan, owner financing is called a land contract. Perfectly legal and often the only way to sell “fixer-uppers”.

Limited to 20 years and 8% APR interest.

I bought my first home on a land contract when I was 16 yrs old. Try getting a bank loan at 16, or even 18, with no credit history or cosigner!

Closing costs? About $50 plus whatever they want as a down-payment.

This is a very dumb bill that will truly screw over young first-time home buyers.

18 posted on 06/14/2009 12:31:23 PM PDT by Beagle8U (Free Republic -- One stop shopping ....... It's the Conservative Super WalMart for news .)
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To: calex59
It is already illegal to sell guns to another party unless you go through a person with FFL, at least in CA, I believe, however, that it is a federal law.

No need in SC thankfully, at least for long guns.

19 posted on 06/14/2009 12:32:28 PM PDT by snippy_about_it (Looking for our Sam Adams)
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To: adm5

BTTT


20 posted on 06/14/2009 12:32:42 PM PDT by WhirlwindAttack (Muck the fuslims. They owe me a son.)
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