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May 3, 2008 - 11:39PM

Criticism of homeowner bill ignores facts

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John Shadegg, Commentary

Sam Coppersmith's criticism of my "Homeowner Empowerment Act" and me ("Who needs retirement savings when you can bail out lenders?" April 27) was inaccurate, unfair and over the top. Either Coppersmith never read my proposal or he purposely distorted what it would do and how it would help some Americans facing foreclosure.

The "Homeowner Empowerment Act" is a genuine attempt by me and the other members who have cosponsored it to help Americans struggling to make ends meet and facing foreclosure. Coppersmith labeled the act "unhelpful, impractical and regressive." Really? He then built on his attack by ridiculing the notion that anyone would take advantage of the proposal, stating that "unicorns are more common" than the class of people who would be helped by the bill.

Unfortunately, Coppersmith is either grossly misinformed or chose to intentionally misrepresent the facts. More than 44.5 percent of working households participate in some form of retirement account. Americans have accumulated more than $17.5 trillion - almost 40 percent of all household assets - in retirement savings.

In recent weeks, the Arizona media has reported that many people, in an effort to avoid foreclosure, are already tapping into retirement funds and paying the heavy penalties to the government currently required by law. My bill would temporarily lift these penalties and allow them to use this money, their money, to save their homes without additional financial burden.

The bill alone would not solve the mortgage crisis, but it would be helpful to many. Nobody would be forced to take advantage of the opportunity, but for homeowners who choose to, it would be another way out when faced with foreclosure.

How does it work? The bill says that a homeowner at risk, the parent or relative of a homeowner at risk, or a friend of a homeowner at risk could withdraw funds from a tax-deferred retirement savings account to make mortgage payments. The money would go directly from the retirement account to the mortgage lender and could not be used for any other purpose.

While the current mortgage/real estate crisis persists, the taxes and penalties otherwise imposed on early withdrawals would not apply. If they chose to do so, people could then replace the funds over a 12-year period and neither the taxes nor the penalties would be imposed.

Coppersmith says anyone who took advantage of this plan, rather than accept foreclosure, would be stupid. Of course, homeowners can take Coppersmith's advice, but they might want to ignore it. If you can't pay your current mortgage or anything close to it, you won't have much leverage to renegotiate with your lender or a new lender for a lower payment to keep your home. My proposal would give those who need it additional bargaining power. Furthermore, foreclosure inflicts severe and lasting damage upon one's credit, a point Coppersmith stunningly disregards. Apparently, he thinks no American facing foreclosure would like to keep his or her home or buy another one in the future.

For everyone's sake I hope he is wrong. The more homes that are foreclosed, the more houses and neighborhoods will begin to deteriorate, as lawns go unmowed, weeds grow and values sink. That's not in anyone's interest and I'm stunned Coppersmith favors it.

Finally, with a bizarre reference to Enron, Coppersmith asserts that by introducing the bill I am urging people to put all their assets into a single, risky, real estate investment. Apparently Coppersmith has a very diverse portfolio. Good for him, I bet he's not facing foreclosure either. Some of us have most of our savings tied up in our homes and that is our investment for retirement. The bill doesn't insist that people use their retirement accounts or make it possible for lenders to seize these funds. What it does is to give some another opportunity to save their homes, an opportunity they don't have now.

Apparently, Coppersmith only believes in two options: a government bailout or foreclosure. I believe in helping people.

Rep. John Shadegg, R-Ariz., has represented Arizona's 3rd Congressional District since 1994.

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