The Economic Populist - Speak Your Mind 2 Cents at a Time Sat 2009-10-10 12:53 EDT

Proposal: A New Mortgage Finance System

Our mortgage finance system is broken. It needs some serious restructuring or a complete overhaul. We can learn a lot about a new structure from the Danes. The Danish mortgage system is one of the oldest and most sophisticated housing finance markets in the world...Danish mortgage system is a pass-through system that allows mortgage borrowers to benefit from close to capital market financing conditions. In the Danish system, borrower/homeowner don't obtain a mortgage from a mortgage loan originator such as a bank or mortgage lender. They borrow from investors in a transparent and standardized bond market through a mortgage credit institution (MCI). MCI issues bonds in the bond market that match as much as possible the amount and maturity of the borrower's mortgage. The beauty of this system is that a mortgage is exactly matched and balanced with an actively traded bond. MCIs play the vital roles of advisors to the borrower/homeowner and bearer of the credit risk of the mortgage -- they remain ``on the hook'' in the event of delinquency or default. They are mortgage credit insurers. The MCI originator bears full responsibility for timely payments from the borrower/homeowner. So, MCI has an incentive to make sure borrower/homeowners obtain a mortgage loan that is affordable for that family. Meanwhile, bond investors worry about only interest rate risk, with complete insurance on the mortgage that backs the their bond investment. This makes for a highly efficient system.

economic populist; Mind 2 Cents; New Mortgage Finance System; proposed; speaking; Time.

Thu 2009-10-01 17:56 EDT

98489 -- Landmark National Bank v. Kesler -- Leben -- Kansas Court of Appeals

J. J. LEBEN

Landmark National Bank brought a suit to foreclose its mortgage against Boyd Kesler and joined Millennia Mortgage Corp. as a defendant because a second mortgage had been filed of record for a loan between Kesler and Millennia. In a foreclosure suit, it is normal practice to name as defendants all parties who may claim a lien against the property. When neither Kesler nor Millennia responded to the suit, the district court gave Landmark a default judgment, entered a journal entry foreclosing Landmark's mortgage, and ordered the property sold so that sale proceeds could be applied to pay Landmark's mortgage. But Millennia apparently had sold its mortgage to another party and no longer had interest in the property by this time. Sovereign Bank filed a motion to set aside the judgment and asserted that it now held the title to Kesler's obligation to pay the debt to Millennia. And another party, Mortgage Electronic Registration Systems, Inc. ("MERS"), also filed a motion to set aside the judgment and asserted that it held legal title to the mortgage, originally on behalf of Millennia and later on behalf of Sovereign. Both Sovereign and MERS claim that MERS was a necessary party to the foreclosure lawsuit and that the judgment must be set aside because MERS wasn't included on the foreclosure suit as a defendant. The district court refused to set aside its judgment. The court found that MERS was not a necessary party and that Sovereign had not sufficiently demonstrated its interest in the property to justify setting aside the foreclosure. ...The district court properly determined that MERS was not a contingently necessary party in Landmark's foreclosure action. The district court also was well within its discretion in denying motions from MERS and Sovereign to intervene after a foreclosure judgment had been entered and the foreclosed property had been sold. The judgment of the district court is affirmed.

98489; appealing; Kansas court; Kesler; Landmark National Bank; leben.