SAN FRANCISCO – When the mayor of Richmond, Calif., and a gaggle of activists and homeowners showed up at the Wells Fargo Bank headquarters in downtown San Francisco this month, they were on a mission to speak with the banks chief executive.
They wanted the bank to drop a lawsuit aimed at stopping Richmonds first-in-the-nation plan to use the governments constitutional power of eminent domain to seize hundreds of mortgages from Wells Fargo and other financial institutions.
As Mayor Gayle McLaughlin and the plans backers approached the bank building, security guards locked the doors. After a bank official told her there would be no meeting then and that someone would call her later, she grabbed a bullhorn.
I am absolutely not backing down, McLaughlin said, as curious tourists and lunching office workers milled about.
Wells Fargo, three other banks and even the Federal Housing Finance Agency think otherwise.
The banks have filed two lawsuits alleging that the plan is an illegal abuse of eminent domain, which allows governments to seize private property for public use – like a house in the path of a new highway or a piece of land needed for a new park.
The banks argue the plan would severely disrupt the United States mortgage industry because many other cities would likely adopt the same program to help homeowners who owe more on their mortgages than their houses are worth.
So far, Richmond has sent out more than 600 offers, but has not yet begun any eminent domain proceedings. Newark, N.J.; North Las Vegas, Nev.; El Monte, Calif.; and Seattle are considering similar plans, according to Wells Fargos lawsuit.
While the housing industry is recovering slowly, Richmond, a city of roughly 100,000 people, is in the middle of a housing crisis, as plummeting home values and rising crime have left many worried that an era of urban blight is upon them.
McLaughlin said cities are considering the program because they are desperate. Nearly half the mortgages in Richmond, for example, are underwater, the owner owes more than the house is worth.
McLaughlin is a Green Party candidate who beat back opposition from the citys police and fire unions to win a second term in 2010.
She said she fears homeowners will begin to abandon their homes, leading to blighted neighborhoods and the draining of public coffers to the point of municipal bankruptcy experienced by Stockton, Calif., and Detroit.
The city is stepping in where Wall Street and where the federal government have been unable or unwilling to do so, she said.
Federal regulators said eminent domain isnt the answer.
The Federal Housing Finance Agency said plans to seize loans present a clear threat to the safe and sound operations Fannie Mae, Freddie Mac and the Federal Home Loan Banks.
Tim Cameron, a Washington, D.C., lobbyist with the Securities Industry and Financial Markets Association, said there is more at play than a single persons underwater loan.
Cameron said pension funds, banks and other groups that made loans in Richmond stand to lose millions if the city is allowed to use eminent domain to force lenders into accepting less than the original terms of the loan.
He also predicted that cities using eminent domain will make lenders wary of doing business there.