As more states come to the conclusion that they need to place at least partial moratoria on foreclosures, preforeclosures and sales of foreclosed properties (REO) in an effort to prevent the “robo-signer” phenomenon from wreaking even more havoc on potentially undeserving homeowners, real estate experts fear that this well-intended move could create a “false stability” in the housing market that will ultimately topple as prices plummet when the moratoria are lifted. “But, it would paint a prettier picture than reality heading into mid-term elections,” points out Josh Rosner, an analyst at Graham-Fisher[1].

In the short term, these state-wide moratoria (sometimes on as many as 30 lenders, as in the case of Texas, where the state’s attorney General, Gregg Abbott, asked “nearly 30 lenders” to put foreclosure processes and sales of foreclosed homes on hold while they reviewed their foreclosure process) would temporarily and artificially inflate home prices. This is because foreclosure properties make up such a big segment of the market that removing them from the equation will give them impression of scarcity. As a result, says Rosner, “we would see home prices artificially and unsustainably rise.” He goes on to say that when the moratorium ended in any given market, the “prices would fall and foreclosures would skyrocket.”

The entire problem is now feeding off itself, as many attorneys general and congressional representatives are simply requesting or demanding moratoria in their states not because there is specific evidence of wrong-doing, but in response to certain lenders (JP Morgan Chase, GMAC/Ally and Bank of America) voluntarily shutting down their foreclosure processes for review in 23 states. Out of concern for people who may have been wronged in their own states, the AGs and representatives are opting for sweeping foreclosure investigations and shut-downs rather than evidence-based action.

[1] http://stopthehype.com/real-estate-investing-storm-brews-over-foreclosure-moratorium/2229/

Discussion Point: Do you think that these widespread moratoria are the right thing to do to protect homeowners, or do you think that they are just a political ploy?  Your comments are welcomed below.