Eminent domain for mortgages gains traction in California

RICHMOND, CA - APRIL 06:  A boarded up home is seen on April 6, 2011 in Richmond, California.  The California Housing Finance Agency is expanding its $2 billion foreclosure relief initiative that will now help those who refinanced or took out home equity lines of credit. The agency's largest program offers $875 million in temporary financial help to people who have lost their jobs or had pay reductions and will provide up to $3,000 a month for six months to cover mortgatge payments and related costs.  / Photo by Justin Sullivan/Getty Images
RICHMOND, CA – APRIL 06: A boarded up home is seen on April 6, 2011 in Richmond, California. The California Housing Finance Agency is expanding its $2 billion foreclosure relief initiative that will now help those who refinanced or took out home equity lines of credit. / Photo by Justin Sullivan/Getty Images

By Alejandro Lazo | Los Angeles Times

Cities in the Golden State are once again testing a controversial mortgage relief plan that could use local eminent domain powers to help residents stung by the last housing crisis.

El Monte is the latest city to weigh the plan — opposed by the financial industry but embraced by some housing advocates and city councils.

California became the center of the national debate over the idea last year when San Bernardino County and two of its cities, Ontario and Fontana, toyed with adopting the strategy. But the Inland Empire communities ultimately shelved the plan, marketed by San Francisco firm Mortgage Resolution Partners, after Wall Street groups voiced strong opposition and little public support materialized.

Now the idea is gaining traction again, with the city of Richmond, Calif., last week becoming the first to press forward. The hardscrabble Bay Area city announced that it had asked the holders of more than 620 underwater mortgages — on which the borrower owes more than the home is worth — to sell the loans to the city at a discount. The city would then write down the debt and refinance the loans for amounts in line with current home values.

If lenders refuse, the city could use eminent domain powers to force the transaction, a move widely expected to bring lawsuits from the financial industry.

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