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|Articles - April 2013|
|Monday, April 01, 2013|
BY MARK STEVENSON
Over the years since the mortgage bubble burst, the term “bank” has been a four-letter word and an easy target for the media, the legislature and the general public. In fact, my own peers at community banks and credit unions have been known to jump on the bandwagon through the sound bite of “Main Street vs. Wall Street.”
There is no doubt that risky mortgage lending contributed to the bubble that precipitated the financial crisis. Congress, investment banks, large banks, mortgage banks and brokers, and others up and down the chain encouraged and profited from this activity. Many community banks overconcentrated in construction and development loans, putting themselves and their shareholders in peril. Not to mention that many consumers applied for mortgages they couldn’t afford.
With an improving economy, I hear less vitriol directed at banks, but lately there’s a resurgence when it comes to discussing Oregon’s new foreclosure mediation law requiring mandatory mediation in nonjudicial foreclosures.
“The banks just don’t want to play,” reads one quote in a recent newspaper article. Legislators complain that banks have “dodged” the law at the expense of distressed homeowners; that they have no interest in bona fide mediation. Yes, it’s true that most Oregon lenders have avoided the non-judicial foreclosure route and opted instead for lengthier, more costly judicial foreclosures. But it’s not because banks have an inherent distaste for mediation.
To the contrary, any knowledgeable banker knows that the most successful and least costly resolution of problem loans depends on negotiating restructured loans with borrowers. Collateral liquidations (e.g., foreclosure) will almost always result in a greater loss to banks than a properly restructured loan based on a credible plan from a willing borrower.
Lenders have avoided nonjudicial foreclosures in Oregon because of various technical problems with the new mediation law, as well as a decision pending in the Oregon Supreme Court on the use of the national Mortgage Electronic Registration Service (MERS) to record assignments of notes and deeds of trust. The lending industry has suggested various legislative fixes that we hope will enable banks to utilize mediation. Several legislators on both sides of the aisle have said they find these fixes sensible and are considering them during the current legislative session. Across the country, more than 20 mediation programs are in place and being used by the same banks that have been compelled to avoid nonjudicial foreclosure in Oregon.
I understand the source of public frustration. Haven’t we all suffered the exasperation that comes with dialing 1-800, waiting on interminable hold, only to be disconnected or transferred to an unhelpful clerk in the wrong department who promises to get back to you but never does?
That seems to happen too often under a complex system in which many mortgages are sold by the original lender, resold again, securitized to anonymous groups of investors all over the world, and serviced by third parties who don’t even own the loans and are contractually limited to what they can and cannot do. These are bona fide challenges in need of improvements. And in fact, the new federal Consumer Financial Protection Bureau just released more than 2,900 pages of new rules related to mortgage lending and servicing.
Whether Oregon’s foreclosure-mediation program has been a step in the right direction remains to be seen, but meanwhile, let’s focus on the facts and leave hyperbole at the door.
Monday, July 13, 2015
BY JACOB PALMER
Dean of the Atkinson Graduate School of Management, Willamette University
Friday, July 10, 2015
BY DAN COOK
The Affordable Care Act has triggered a rush on health care plan redesign, a process fraught with hidden costs and consequences.
Wednesday, August 19, 2015
BY LINDA WESTON
In 1996, after a 17-year career in the destination marketing industry, where I gained national standing as the CEO of the Convention & Visitors Association of Lane County, I was recruited by the founders of a new professional basketball league for women. The American Basketball League (ABL) hoped to leverage the success of the 1996 USA women’s national team at the Atlanta Olympics — much like USA Soccer is now leveraging the U.S. Women’s National Team’s victory in the World Cup. The ABL wanted a team in Portland, and they wanted me to be its general manager.
Thursday, August 20, 2015
BY DAN COOK
The state’s angel investing fund gets hammered in Salem.
Monday, August 03, 2015
BY KIM MOORE | RESEARCH EDITOR
Pushing the extreme.
Monday, July 13, 2015
BY AMY MILSHTEIN | PHOTOS BY JASON E. KAPLAN
Telemedicine, new partnerships and real estate diversification make health care more accessible in rural Oregon.
Wednesday, August 19, 2015
BY BRIAN LIBBY
Ben Kaiser holds his ground.
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Transforming the culture of Oregon’s educational leadership.
The Board dismissed a petition related to efforts to unionize the Northwestern University football team.
Every once in a while we receive a letter in the (fictional) mailbag that is tough to describe and quite compelling. This week, Isabel, the new HR manager at LabCo (and someone who is new to HR), wants to know whether she may fire the owner’s son for having an Oregon medical marijuana card. In passing, Isabel also makes a number of alarming admissions about her motivation. Here is Isabel’s nerve-racking question and our response to it.
Oregon Sick Leave is here, and changes to the federal white-collar worker regulations are on the way. This workshop will prepare you for both. We invite you to participate in an interactive discussion on how to start planning now for the future impact on your operations and finances.
Presented by OEN + CENTRL + YESpdx.
This Roundtable will cover numerous issues under the employer "shared responsibility" rules of the Affordable Care Act, including how to track the "full-time" status of variable-hour employees, temporary or seasonal employees, and employees who experience a change in status or a break in service. Additionally, we will provide a brief overview of Code sections 6055 and 6056, which require most mid-sized and large employers to submit their first information reports to the IRS in early 2016 regarding the health insurance coverage being offered to employees. We invite you to participate in an interactive discussion on how to prepare for the future impact of the shared responsibility rules on your operations and finances.