Update on the Emergency Economic Stabilization Act - October 4, 2008

Over the past few days, the U.S. Senate and House of Representatives approved the Emergency Economic Stabilization Act. The legislation was quickly signed into law, capping what had been a very tumultuous two weeks for the credit and financial markets.

While passage of the Act should enable the credit markets and the U.S. financial system to set the stage for their eventual recovery, this was only the first step in what will likely take weeks and even months to wend its way through the system before reaching Main Street.

But it was an important first step. The health of the nation’s housing market is critical to the financial well being of every household in the country, and is front and center here in California.

Here’s what the legislation does:

Helps American families keep their homes by requiring the Treasury Dept. and any federal agency that owns or controls troubled mortgages to modify those mortgages wherever possible; this may include reducing the principal or interest rate; and extends till the end of 2012 the exclusion from federal income tax of mortgage debt forgiveness.

Addresses the credit crisis by allowing financial institutions to immediately sell $250 billion in troubled assets to the U.S. Treasury Department under the newly created Troubled Assets Relief Program (TARP). Another $100 billion would be made available upon the President’s request. Should the President deem it necessary, and with Congressional review, the Treasury Dept. may utilize the remaining $350 billion;

Protects taxpayers by allowing the Treasury Dept. to take an ownership stake in participating companies. In addition, if after five years TARP has incurred a net loss, the President must propose legislation that would force participating companies to reimburse the government to make up the difference;

Sets up an insurance program, funded by the financial industry, to guarantee companies’ troubled assets, including mortgage-backed securities purchased prior to March 14 this year;
Curbs executive pay for companies utilizing TARP;

Sets up two oversight committees, a Financial Stability Board, and a congressional oversight panel, to which the Financial Stability Board would report;

Creates renewable energy tax breaks for individuals and businesses, including a deduction for the purchase of solar panels; as well as continuing other tax breaks that were set to expire; and extends relief from the Alternative Minimum Tax (AMT) by another year;

Allows the SEC to suspend the required mark-to-market accounting standards and orders a study to be done on the rule’s impact on financial institutions;

Shields bank deposits by temporarily raising the FDIC insurance cap to $250,000 from $100,000; and temporarily increases the federal insurance level for credit union savings to $250,000, both till the end of 2009.

(This information was provided by the California Association of Realtors.)

Please continue to check back here for more information as it becomes available.

If you've been following the financial news lately, you've seen the deterioration of the mortgage market that is resulting from the recent sub-prime woes.

Here are some recent news stories for reference:

Bernanke Prepared to Cut Key Rates Again
(Realtor Magazine Online - Feb. 28, 2008)
The housing market is likely to start stabilizing later this year, the Fed chair says.
To read the full story, please click here.

Schumer calls on regulators to head off subprime spillover | MarketWatch - August 8, 2007

Fannie and Freddie: White Knights to the Rescue? | Barrons On-line - August 7, 2007

What's happening in the Mortgage Market? 

The non-GSE (Fannie, Freddie, FHA, VA) mortgage market is rapidly deteriorating. It is no longer just a sub-prime issue.

Liquidity is at its lowest level in years.

Lenders are facing severe liquidity and earnings challenges.

Mortage companies, hedge funds and other investors are shutting down daily.

This has caused changes in the availability of loans: