Posts Tagged ‘Modification’

U.S. Sets Big Incentives to Head Off Foreclosures

Thursday, March 5th, 2009

WASHINGTON — The Obama administration on Wednesday began the most ambitious effort since the 1930s to help troubled homeowners, offering lenders and borrowers big incentives and subsidies to try to stem the wave of foreclosures.

People with mortgages as high as $729,750 could qualify for help, and there is no ceiling on how high their income can be as long as they are in danger of losing their homes. Interest rates on loans could go as low as 2 percent for some. Many homeowners could see their mortgage payments drop by several hundred dollars a month, and some could save more than $1,000 a month.

Administration officials estimate that the plan will help as many as four million people avoid foreclosure, at a cost to taxpayers of about $75 billion. In addition, the Treasury Department said it intended to follow up with a plan to help troubled borrowers with second mortgages, which many homebuyers used as “piggyback” loans to buy houses with no money down.

The plan is bolder and more expensive than any of the Bush administration’s programs, which were based almost entirely on coaxing lenders to voluntarily modify loans. While the number of loan modifications has climbed sharply, the number of foreclosures skyrocketed to 2.2 million at the end of 2008, a record.

The new plan, which takes effect immediately, is intended to win much bigger concessions from lenders by offering a mix of generous financial incentives and regulatory arm-twisting. The final impact will depend on how both lenders and the investors who own mortgages respond, but housing experts said the administration had a good chance of achieving its goal.

The eagerness with which lenders agree to modify loans is likely to be affected by a bill that the House is expected to take up on Thursday.

It would give bankruptcy judges the power to order changes in mortgages on primary residences and would protect loan-servicing companies from lawsuits by investors.

Several of the nation’s biggest mortgage-servicing companies, overseeing two-thirds of all home loans in the country — Citigroup, JPMorgan Chase, Bank of America and Wells Fargo & Co. are expected to participate in the plan.

In addition, any bank that receives additional federal money under the Treasury Department’s $700 billion financial rescue program will be required to take part. But many lenders are expected to participate voluntarily, because the government would be absorbing much of the cost of resolving their bad loans.

“I predict this program will be extremely effective at reducing foreclosures,” said Eric Stein, senior vice president at the Center for Responsible Lending, a nonprofit advocacy group for homeowners.

Administration officials have similar expectations.

“It is imperative that we continue to move with speed to help make housing more affordable and help arrest the damaging spiral in our housing markets,” said Timothy F. Geithner, the Treasury secretary.

In releasing detailed guidelines on the plan, first unveiled Feb. 17, the Treasury Department made it clear that the program would not help every homeowner in trouble. It will do little to help families whose income has evaporated because one or more breadwinners have lost their jobs, nor will it save those swamped by big debts beyond their mortgages. It will not do much for homeowners who are current on their loans but “upside down” — owing more than their houses are worth.

Still, the program, when combined with a separate effort to help homeowners refinance their loans even if they are not in distress, could help put a floor under home prices.

The Treasury has instructed Fannie Mae and Freddie Mac, the two government-controlled mortgage-finance companies, to refinance homeowners at today’s low market rates even if the owners have less than the standard 20 percent equity that is usually required.

This second program applies to about 30 million people with mortgages owned or guaranteed by Fannie or Freddie, but will not be available to people whose mortgages are much higher than their home’s market value.

Administration officials said it could lower monthly payments for as many as five million homeowners. To finance that effort, the Treasury is providing the two companies with up to $200 billion in additional capital, on top of $200 billion that it had already pledged to them.

Under the new loan modification guidelines, the Treasury will offer mortgage-servicing companies upfront incentive payments of $1,000 for every loan they modify and additional payments of $1,000 a year for the first three years if the borrower remains current. The Treasury will also chip in $1,000 a year to directly reduce the borrower’s loan amount, if the borrower stays up to date on payments.But the biggest subsidies are in reducing the size of a person’s monthly payment. If the lender reduced the borrower’s monthly housing payment to 38 percent of the household’s gross monthly income, the Treasury Department would match, dollar for dollar, the lender’s cost in reducing payments down to 31 percent of monthly household income.

The program calls on lenders first to reduce interest rates to as low at 2 percent for the next five years to hit the monthly income target. After five years, some borrowers would start to pay gradually higher rates, but their rates could not exceed the market rate at the time they renegotiated.

That would be a favorable deal for many people. At the moment, the market rate for such loans is just over 5 percent — very low by historical standards.

The key to determining whether a person receives help will be a so-called net present value calculation by the mortgage company.

In essence, a lender will first have to calculate how much it would cost to reduce a person’s monthly payments to an “affordable” range, 31 to 38 percent of the borrower’s monthly income.

If the calculation shows that the lender’s cost in modifying the loan, after receiving the taxpayer subsidy, would be lower than the cost of foreclosing, the lender would be required to offer a borrower the new deal. If the estimated cost of the concessions appeared to be higher than the cost of foreclosure, the decision would be voluntary.

Housing experts estimate that lenders lose about half the outstanding loan amount if they pursue foreclosure, and those losses are climbing as the resale value of houses continues to fall. As a result, the program could lead to millions of loan modifications.

Borrowers cannot be charged any modification fees, the Treasury Department said. Lenders will have to bear the administrative expense of reviewing the loans and making their cost estimates. Treasury officials said they were trying to warn consumers against fraud artists and consultants who are seeking to collect fees for helping homeowners negotiate with lenders.

There is no ceiling on how much a person can earn and still qualify for help, but the size of the mortgage to be modified cannot be higher than $729,750 for a single-family home, or $1.4 million for the mortgage on a four-unit condominium or cooperative.

The program is open only to borrowers who live in the homes at issue, and not to investors or people with mortgages on second or third homes. It is open to people who obtained a mortgage before Jan. 1, 2009. Borrowers can apply for loan modifications until the end of 2012.

Loan Modifications, Cash for keys and Renting your Home Back from the Bank after a Bankrutpcy

Monday, February 2nd, 2009

2008 Freddie Mac approved more than 87,485 workouts -NOW you can Rent Back Your Home-Whats next
FREDDIE MAC EXTENDS EVICTION SUSPENSION UNTIL MARCH, LAUNCHES RENTAL OPTION FOR FORECLOSED BORROWERS, TENANTS
Freddie Mac announced today that it would permit homeowners who have lost their home to foreclosure to actually turn around and rent them back from Freddie Mac. “Keeping foreclosed properties occupied and in better repair will support local property values and promote a faster recovery in the housing market,” said Freddie Mac CEO David Moffett. And in a change of course from the lending practices of the past, Freddie Mac will request documentation from the new tenant (former borrower) to prove that they have enough income to afford the rent.
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McLean, VA – Freddie Mac (NYSE: FRE) today announced it is extending its suspension of evictions triggered by foreclosures on single family properties with Freddie Mac-owned mortgages through February 28, 2009. Freddie Mac is simultaneously launching a new strategy to offer qualified owner-occupants and tenants leases so they can rent the properties on a month-to-month basis after foreclosure.
“First and foremost, Freddie Mac’s REO Rental Option is intended to help cushion the impact of foreclosure on families who own or rent homes with Freddie Mac-owned mortgages,” said David M. Moffett, Chief Executive Officer of Freddie Mac. “At the same time keeping foreclosed properties occupied and in better repair will support local property values and promote a faster recovery in the housing market.”
Under the REO Rental Option, leases will be offered to current renters on a month-to-month basis at market rents or the rent amount they were paying prior to foreclosure, whichever is less. The rent for former owner-occupants will be the market rent, which will determined by the property management firm Freddie Mac contracted to manage the program.
To qualify, current tenants and former owner-occupants must be able to demonstrate they have adequate income to pay the monthly rental amount. The home must also meet applicable building codes, or can be affordably brought into compliance, to be eligible.
Freddie Mac will also explore loan modification options that may enable owner-occupants to retain ownership of their homes by reinstating their mortgage with modified terms.
“In about half of all foreclosure sales there is no conversation between the borrower and the mortgage servicer about workouts. Before starting the eviction process, we want to ensure there is one last effort to achieve a workout,” explained Ingrid Beckles, Senior Vice President of Default Asset Management at Freddie Mac.
In 2008 Freddie Mac approved more than 87,485 workouts, enabling three out of five of its seriously delinquent borrowers to avoid foreclosure.
Freddie Mac gives lenders servicing its mortgages broad authority to help troubled borrowers before they miss a payment through forbearance as well as provide permanent rate reductions, mortgage term extensions or other modifications to borrowers who are already delinquent. Freddie Mac workout options include the Streamlined Modification Program developed with Fannie Mae, the Federal Housing Finance Agency (FHFA), HOPE Now and 27 mortgage servicers to expedite loan modifications for eligible borrowers who have missed three or more mortgage payments. (For more about Freddie Mac workout options, see freddiemac.com/avoiding_foreclosure.)

Tampa Bankruptcy – House Bill on Modification and Stimulus Package

Wednesday, January 28th, 2009

Chapter 13 bankrupcy reform will go to the House as a stand alone proposal, being separated from the stimulus bill that our government wants to give us next week.

This reform would allow bankruptcy courts to change the terms of mortgages on homes, so that the homeowner could get a fixed rate, stretch the total term to 40 years, and lower the balance to the value of the house.

Of course, being that this would cost the taxpayers nothing, no opportunity for our trusted servants to pass out taxpayer money to their own benefit, it is now taking a back seat to the stimulus bill, which will be the largest single disbursement of our money, ever.

As the foreclosure crisis continues and gets worse, not better, this relief is needed now more than when we started blogging for it many months ago.

National Association of Consumer Bankruptcy Attorneys report on the status of the bill follows:

“the House of Representatives will vote next week on the economic recovery plan that President Obama is working with Congress on getting enacted. We learned late today that the chapter 13 mortgage modification bill will not be included in that package. The good news is that President Obama and House and Senate Democratic leaders are firmly committed to getting this legislation passed into law as soon as possible and will be looking for appropriate vehicles to attach it to.

In the meantime, the House Judiciary Committee will mark up H.R. 200, the chapter 13 mortgage modification bill on Tuesday.”

Your house may not be in foreclosure, but its value is being lowered by all the homes in your neighborhood already there.

This reform costs us nothing, compared to the hundreds of billions already thrown to the banks largely responsible for creating the crisis.

Let your representatives, especially in the Senate, know how you feel.