Campaign News

Toys R Us has not fared well in recent years. And critics, led by New York’s populist-leaning Center for Popular Democracy, accused the huge equity-investment firms of making hundreds of millions in fees and dividends on the failed retailer over the years.

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A SUPERHERO EFFORT on Monday night at the Fox Theatre raised more than $500,000 for hurricane relief in Puerto Rico.

The event: a starry staged reading of Thornton Wilder’s great American play Our Town, organized by actor Scarlett Johansson and directed by True Colors Theatre’s Kenny Leon.

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Aljazeera America Fault Lines Blog - September 9, 2014, by Mark Kurlyandchik - In September 2010, the federal government got into the business of selling delinquent home mortgage loans, which are at least 90 days past due, to the highest bidder. The program was instituted to help the Federal Housing Administration (FHA) rebuild its cash reserves, which were wiped out by a wave of loan defaults.

In the first two years of the program, the FHA sold 2,000 loans in six national auctions. In September 2012, it expanded its loan pools under the newly named Distressed Asset Stabilization Program, or DASP, selling more than 3,000 loans in the first auction. The FHA also introduced a second stated objective of the program to help stabilize neighborhoods by creating a new category of loans tied to geographic areas hit hardest by foreclosures with mandates that purchasers service them in a manner that stabilizes surrounding communities.

Two critical new reports on DASP admit that the program is helping the FHA avoid having to hit up taxpayers for more money. But they question the sincerity of any efforts to protect neighborhoods plagued by foreclosures, pointing out that a whopping 97 percent of the loans have gone to private, for-profit investors, including hedge funds, mutual funds and private equity firms. And approximately just one out of 10 of the loans sold have achieved a neighborhood stabilization outcome.

“These are companies that put the financial gains of their shareholders first and community stabilization second—or I would say it's not even necessarily a priority for them,” says Connie Razza, co-author of a report by the Center for Popular Democracy and the Right To The City Alliance, which came out today.

Razza’s group sent a petition to Julian Castro, who recently took over the Department of Housing and Urban Development (HUD), the cabinet agency that houses the FHA, asking him to stop selling loans under the DASP until the program’s implementation could be strengthened and refocused on communities.

When the FHA was created in 1934 to stimulate a lifeless housing market buried in the depths of the Great Depression, the U.S. was a nation of renters—with only 40 percent of Americans owning their homes. The FHA was able to help boost that percentage by offering affordable mortgage insurance to approved lenders who made loans to high-risk borrowers with relatively low down payments. By 2004, nearly 70 percent of Americans were homeowners.

During the recent housing crash, with private lending drying up, the share of FHA-backed loans skyrocketed, rising from a reported 2 percent of all mortgages in 2006 to nearly a third in 2009. Those loans kept housing prices from going into free fall, but a wave of defaults plundered the FHA’s mortgage insurance fund. So, in 2013, it took a $1.7 billion taxpayer bailout to stay afloat.

So far, nearly 100,000 non-performing loans have been sold through DASP, netting the FHA $8.8 billion.

According to a report released last week by the Center for American Progress, only about 11 percent of the loans sold through DASP are now considered “re-performing.” Another 22 percent were either allowed to do a short sale or the home was surrendered in exchange for loan forgiveness. A third of the loans were turned around and sold to other buyers. The final third went into foreclosure.

Bidders who want to acquire neighborhood stabilization loans are required to achieve one of several outcomes that help homeowners and surrounding communities on at least half of the loans they purchase: getting the loans to re-perform, renting the home to the borrower, gifting the property to a land bank or paying off the loans in full. Through May of this year fewer than 18,000 of the FHA loans have been sold through neighborhood stabilization pools, compared to more than 73,000 that have no strings attached.

"In its current form, the DASP is unnecessarily undermining the very mission of HUD by selling loans to some of the same reckless actors who caused the financial crisis."

Connie Razza, Center for Popular Democracy

Instead of getting loans to re-perform, many of the companies buying up the loans may be looking to convert the distressed assets into rental properties. Since the housing crash, Wall Street-backed groups have bought up an estimated 200,000 single-family homes across the country to convert to rentals. As housing prices rise and foreclosures become less common, housing advocates worry that these firms have turned to non-performing loans as a way to increase their housing stock.

For instance, the private equity firm Blackstone, which has recently become the largest owner of single-family rental homes in the country, is a 46-percent owner of Bayview, the company that has won the second-highest number of DASP loans. According to one report, the delinquent notes are sold to the highest bidder without considering past performance metrics at getting the loans to reperform.

Further, allowing the vast majority of the loans to fall into the hands of high-bidding corporate investors—rather than defaulting—keeps many of the properties they’re tied to from going through the typical foreclosure process. As a result, the FHA might actually be diverting housing stock from first-time homebuyers, the very group it was formed to serve 80 years ago, said John Husing, chief economist at the Inland Empire Economic Partnership in San Bernardino, California.

Aljazeera America Fault Lines Blog - September 9, 2014, by Mark Kurlyandchik - "In its current form, the DASP is unnecessarily undermining the very mission of HUD by selling loans to some of the same reckless actors who caused the financial crisis," Razza and her co-authors write in their report.

The reports contend that HUD should be tracking bidders' track record for good outcomes and taking that performance into consideration. They also criticize HUD for a lack of transparency when it comes to making information about what happens to these loans available to the public. Further, they call for boosting the size and ratio of loans sold through the Neighborhood Stabilization Outcome pools and increasing access for non-profits in the bidding process.

“Community development financial institutions and other non-profits have been trying to participate,” Razza said. “They've only won 2.5 percent of the loans and are really shut out because HUD is running the program as a straight auction.”

Representatives for HUD did not respond to specific questions about the program, but offered this statement: “For purchasers, the program is an opportunity to acquire assets at competitive prices with the flexibility to service the assets while providing borrowers an opportunity to avoid costly foreclosures. The program is meeting financial goals as the amounts offered for these assets are steadily rising as volume has increased in recent years.”

Where investors used to pick up non-performing loans in the program for an average of 40 to 50 cents on the dollar, the most recent sale in June had an average of more than 77 cents. The bidding war was reportedly the most contested yet, with the entire pool going to one investor, private equity firm Lone Star Funds.

“I think that as demand for these loans grow, it builds a stronger case for FHA to ask buyers to do more for the communities they’re buying in,” said CAP report co-author Sarah Edelman. “We want to see loss-mitigation requirements on all of the loans sold.”

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Targeted by progressive activists hoping to kill his chances of being Hillary Clinton’s running mate, Julián Castro is set this week to announce changes to a hot-button Housing and Urban Development program to sell bad mortgages on its books.

The changes, which HUD officials will brief stakeholders and activists on during a conference call on Monday, could be made public as early as Tuesday — depending on when department lawyers give the green light to publishing them in the Federal Register.

But they won’t take effect before the next auction of HUD mortgages, scheduled for May 18.

Castro’s actions could potentially defuse an issue that activists have been using to question his progressive credentials — and he’ll be doing it at the moment the running mate search has begun to get serious at Clinton campaign headquarters.

Among the changes, according to people with knowledge of what’s coming: The Federal Housing Authority will put out a new plan requiring investors to offer principal reduction for all occupied loans, start a new requirement that all loan modifications be fixed for at least five years and limit any subsequent increase to 1 percent per year, and create a “walk-away prohibition” to block any purchaser of single-family mortgages from abandoning lower-value properties in the hopes of preventing neighborhood blight.

HUD officials say that the timing isn’t a response to the activist pressure or the presidential campaign calendar.

“It has always been our goal to get the policy right, regardless of arbitrary deadlines, and we expect to announce those changes this week,” said HUD press secretary Cameron French.

But the changes come after two years of calls by activists — joined last September by Sen. Elizabeth Warren (D-Mass.) — for major reforms to the Distressed Asset Stabilization Program. Their calculations — numbers that HUD says are way off — allege that during Castro’s tenure, 98 percent of problematic mortgages the department has sold went to Wall Street firms that they say were responsible for the housing crisis in the first place.

With the backdrop of a Democratic Party recalibrated by Bernie Sanders’ surprisingly strong candidacy, activists were preparing a full offensive against Castro this week, looking to leverage his political ambitions against him to extract major concessions.

Last Thursday, activists sent an ultimatum letter to HUD titled, “Seeking swift changes to HUD's DASP program,” and demanding response within 24 hours. They had set up a national day of action for Tuesday, with protests scheduled at HUD offices in New York, Philadelphia, Los Angeles and San Francisco, along with a news conference at Newark City Hall — which remains on for now, pending whether they feel HUD has gone far enough in what the agency tells stakeholders on Monday afternoon.

“I would say we’re cautiously optimistic, but we don’t know, and what we need to see is a plan that will lead to substantially more mortgages not getting into the hands of bad actors and saving more homes from foreclosure,” said Amy Schur, campaign director for the Alliance of Californians for Community Empowerment, on Sunday afternoon. “Unless we see that, it’s going to be a problem.”

Schur has been in touch with HUD regularly over the course of the past two years, and in recent weeks when the conversations stepped up after the activists fired a warning shot against Castro by launching a public effort built around the website DontSellOurHomestoWallStreet.org.

That first attack on Castro in early April prompted a number of leaders to rush to his defense — some because they felt the criticisms were unfair, others because they were eager to protect the future of arguably the most promising Latino rising star in the Democratic Party.

“Some of y’all may have seen recently concerns that were voiced about DASP,” Castro said last week in an appearance at a National Association of Realtors event teasing the changes.

“We’re improving that and have been working to do that to ensure that folks are able to stay in their homes longer because they’re offered principal reduction in certain instances,” Castro said, “that we get better outcomes for neighborhoods by making sure that folks who secure those loans aren’t able to just walk away from those properties and by instituting something that we refer to [as] ‘payment shock protection’ to make sure that once payments are modified that they don’t just jump up a couple years later.”

Other members of the coalition and signatories on the ultimatum letter are American Family Voices, the Center for Popular Democracy Action, Daily Kos, Democracy for America, MoveOn.org Civic Action, New York Communities for Change, Other 98% Action, Presente.org, RootsAction.org, the Rootstrikers Project at Demand Progress and the Working Families Party.

Schur said that she and others are hoping that HUD will include some method of incentivizing mortgage sales through early bidding or favorable rates to nonprofits and neighborhood groups, rather than the Wall Street firms that have bought many of the mortgages. They feel that large financial institutions don’t care about the effect on neighborhoods from letting properties go vacant or decline, or of overwhelming homeowners with liabilities — though many argue that the reason these institutions buy so many of the mortgages is that they are the only ones that have the capital and management capability to handle the purchases.

“Where we would like to be with HUD is partnering to roll out a positive program in our cities across the country,” Schur said. “We’d rather be doing that than protesting. But if the changes are insufficient and this program is going to continue to be almost a wholesale giveaway to speculators, we’re going to have to keep the pressure up. We’re not going to have a choice.”

HUD officials point out that the May 18 auction isn’t for the DASP program and call the complaints surrounding that unfair. It is for different mortgages, called an “aged loan sale,” scheduled before these reforms were far along. No DASP auction has been set yet for 2016, and reconsideration of the program, according to French, has been underway since the most recent DASP auction, at the end of last year.

“Since 2014, FHA has made changes to the DASP program before every sale. FHA has been working on the latest round of changes to the DASP program for months, and, in our desire to be as comprehensive as possible, we’ve engaged a broad group of stakeholders on the potential reforms that would make the most impact for distressed homeowners,” French said.

Activists had been growing frustrated with the pace and substance of the conversations with HUD, and HUD officials have been losing patience with them as well, feeling that the activists are out for attention and landing on Castro simply because his name is in the running mate mix.

And, well aware that this is a critical political moment for Castro, activists warn that they’re ready to keep after him until the Democratic convention in July, and beyond that if he is Clinton’s pick.

“We would all love for the secretary to really come through in a big way, but housing activists and folks in our neighborhoods are not going to stop when our neighborhoods are being sold off to Wall Street. There has to be a major, major change,” said Jonathan Westin, director of New York Communities for Change. “Folks are completely ready to keep pushing.”

By Edward-Isaac Dovere

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