A/67/286
open system of mortgages, based on sub-prime loans, easily granted credit and the
financialization of mortgages, have seen a serious crisis since 2008, when the
financial crisis in the United States spread internationally. In previous reports
(A/HRC/7/16/Add.2, A/HRC/10/7, A/HRC/13/20/Add.4 and A/HRC/16/42/Add.3),
the Special Rapporteur analysed at length the impact of mortgage market
liberalization and the sub-prime mortgage system on the economic and financial
crises in various regions and the subsequent devastating impacts of the crises on the
most poor and marginalized.
29. The discrepancy between income levels and soaring housing and rental prices
coupled with unemployment led to increased payment default, foreclosures and
homelessness. These processes were exacerbated by the adoption of legal and
institutional adjustments aimed at facilitating foreclosure, which have been
promoted in recent years as “imperatives for developing a housing finance
system”. 39 The paradigm that promoted homeownership as the most secure form of
tenure has been proven false, as increasing foreclosure rates have been one of the
main results of the recent crises. 40 In Spain, more than 350,000 foreclosures have
occurred since 2007 and in 2011, about 212 foreclosures and 159 evictions occurred
daily. 41 The crisis has disproportionately affected the poorest and most vulnerable,
who were the “last” to join the mortgage markets and the first to suffer the
consequences of the crises owing to their low resilience to economic shocks and low
repayment abilities. 42 Recent research indicates that the majority (70 per cent) of
defaults in Spain are related to the unemployment crisis and that 35 per cent of the
foreclosed properties belong to migrants. 43
30. The effect of the housing crisis has been less detrimental for emerging
economies where, owing to their structure and performance, mortgage markets
remain smaller, more conservative and less connected to capital market flows.
Emerging mortgage markets that have made heaviest use of global securitization
(e.g. the Russian Federation, Kazakhstan and the Republic of Korea) were most
affected. 44 In Kazakhstan in 2010, more than 40,000 borrowers were waiting for
their apartments to be finished while construction companies went bankrupt (see
A/HRC/16/42/Add.3).
31. In Eastern Europe, an aggravating factor has been the high rate of foreign
currency-denomination loans in some of the countries in the region. In 2010, 42 per
cent of mortgages in emerging Europe were denominated in a foreign currency. 45
By the time the economic crisis hit, some two thirds of all mortgage loans in
Hungary were in Swiss francs. With the onset of the crises, the value of the franc
escalated against the Eastern European currencies. Homeowners suddenly found
__________________
39
40
41
42
43
44
45
10
World Bank, Housing Finance Policy in Emerging Markets, pp. 94-95.
According to the RealtyTrac, a company that maintains a database of foreclosures, in the third
quarter of 2009 foreclosures were filed for 1 in every 136 housing units in the United States.
A. Colau and A. Alemany, Vidas Hipotecadas (Barcelona, Angle Editoriál-Cuadrilátero Libros,
2012), pp. 21-22.
Committee on Economic, Social and Cultural Rights, concluding observations on Spain
(E/C.12/ESP/CO/5), para. 21; Amnesty International, Spain: Submission to the UN Committee
on Economic, Social and Cultural Rights, 48th session, May 2012, AI index EUR 41/005/2012
(London, 2012).
Colau and Alemany, pp. 30 and 237.
World Bank, Housing Finance Policy in Emerging Markets, p. xxxvii.
European Bank for Reconstruction and Development, p. 56.
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