Banks, mortgage bondholders, and in our opinion the entire housing market just got a victory. The Senate defeated a bill that would allow judges to modify terms of mortgages in bankruptcy proceedings.

We have been of the opinion for some time that passage of this legislation would throw yet another wrench into tight credit markets and slow the eventual recovery in housing. Why? The end buyers of mortgage securities are one of the most important links in the securitization engine. Securitization (turning loans into bonds) allows mortgage credit to grow and flow freely around the globe. If judges were granted the ability to arbitrarily change contractual mortgage terms, balances, limit foreclosures etc, mortgage bond buyers will be less likely to purchase mortgage based debt in the future. Or, they will simply demand higher interest rates to compensate for the increased risk of a third party changing the terms of their bond during their ownership.  This of course will raise  mortgage costs,  and slow the flow of capital, and continue to depress home prices even further.