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Chicago's use of eminent domain to save homes could be longshot
Despite impassioned testimony from housing advocates and a cameo appearance by actor John Cusack, it's far from certain that the city will use eminent domain to keep troubled borrowers in their homes.
To start, Mayor Rahm Emanuel has already stated he opposes the idea, which could mean it's all but a dead issue. After all, nothing moves through the city council without Emanuel's blessing.
"The mayor has not been rebuffed once, so I don’t see that happening," said Paul Green, a political commentator and professor of politics at Roosevelt University.
Last week the City Council’s Finance and Housing and Real Estate Committees held a joint hearing on the issue.
"This is a national problem that requires a broad solution that is applicable across the United States," said mayoral spokesman Tom Alexander, in an email. "He [Emanuel] believes that municipalities using eminent domain is not the right approach to dealing with it and distracts from the larger issue."
In short, the plan would see the city use its eminent domain power to grab underwater mortgages, which is when the borrower owes more than the house is worth. The city would then work to refinance the mortgages to make it easier for homeowners to pay back the loans.
Tom Feltner, vice president of Woodstock Institute, a Chicago housing advocacy group, told the joint committee that his organization supports the idea of using eminent domain, but only when principal reduction is not an option.
He agrees with Emanuel, in that the mortgage crisis is not just an issue in Chicago, it's a national problem, one deserving of new action by the the Federal Housing Finance Agency or Congress.
"I think that we need to continue to push for principal reduction and loan modification for loans held by Fannie Mae and Freddie Mac, or a reversal by the FHFA to permit principal reductions," Feltner said.
Currently, the FHFA does not permit principal reductions. The city's current plan would not include loans backed by Fannie Mae or Freddie Mac.
Congress could pass legislation mandating FHFA to do so, but Feltner noted that the issue is a "very contentious one" and passing a federal law might not be that easy.
The Chicago Reporter contacted 7th District Congressman Danny Davis to ask about the likelihood of any bill moving forward.
He didn't specifically address the issue; instead, he said "other approaches" are needed before the city undertakes eminent domain initiatives, or the federal government requires Fannie Mae or Freddie Mac to offer principal reductions or loan modifications.
Alexander, the Emanuel spokesperson, said the mayor has already taken steps to prevent foreclosures, and to preserve the city's housing stock.