Eminent Domain Resource Center



Overview

Recently, certain municipalities have explored the use of eminent domain to seize mortgage loans from their holders and refinance them with reduced principal balances through government programs.

Under several of the proposed plans, a city or county would condemn and seize certain mortgages held in private-label securitizations under the power of eminent domain and refinance the seized mortgage through a government lending program. The idea has reportedly been considered in several cities; it was considered and rejected in San Bernardino County. 

On August 8, 2012, the Federal Housing Finance Agency (FHFA) published a notice explaining its concerns with a particular proposal from Mortgage Resolution Partners (MRP) and indicated that “action may be necessary to avoid a risk to the safe and sound operations of its regulated entities.” Congress has also expressed concern about the proposal, resulting in legislation from Rep. John Campbell (R-Calif.) that would prohibit Fannie Mae and Freddie Mac from purchasing, the Federal Housing Administration from insuring and the Department of Veterans Affairs from making, insuring or guaranteeing, a home mortgage loan that is secured by a residence located in a state or local authority has used the power of eminent domain to take a home mortgage.

 


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