Archive for the ‘loan modification’ category

HAMP is ‘Destined to Fail,’ Says Amherst’s Goodman

December 9th, 2009

By DIANA GOLOBAY

A key mortgage modification program facilitated by federal incentives has not only failed to reach the potential envisioned by its founders, but it also has several key flaws that may have destined it for failure from the start, expert witnesses testified to the House Financial Services Committee Tuesday.

Home Affordable Modification Program (HAMP), which allocates capped incentives to servicers, lender/investors and borrowers that participate in modification of mortgages at risk of foreclosure, was a large focus of testimony.

In an ongoing hearing Tuesday, the House lawmakers are hearing from servicers that testify to early signs of success in HAMP, as well as from community and consumer activist groups and real estate industry veterans that point toward HAMP’s key flaws and recommend long-term solutions. Amherst Securities‘ Laurie Goodman, for example, warns critical shortcomings of HAMP include the program’s failure to address negative equity and its lack of effort toward principal reductions.

Julia Gordon, senior policy counsel at the Center for Responsible Lending (CRL), summed up ongoing complaints when she said “HAMP has not reached its potential” in opening remarks.

Lenders and investors may not agree to accept modifications, as they take immediate financial hits, according to Anthony Sanders, professor of real estate finance at George Mason University.

“To provide an incentive for financial institutions/investors to sell their distressed mortgage loans to the private markets, the government regulators, including the SEC, should allow financial institutions/investors to amortize the losses for up to 5 years to spread the accounting consequence of a loss over time,” Sanders said in prepared remarks (available to [1] download here).

He added: “This would enable the financial institutions/investors to sell distressed assets from their books and free up funds to be invested elsewhere such as loans to small businesses.”

But HAMP keeps loans with lenders, holding up funds on the banks’ books and preventing the funds from being used for other loans. Sanders recommended helping financial institutions clean up balance sheets rather than imposing judicial interventions into the mortgage market.

Laurie Goodman, senior managing director at Amherst Securities, pointed toward the key role [2] negative equity plays in predicting default behavior.

HAMP is “destined to fail,” as it does not address negative equity, Goodman said in opening remarks (available to [3] download here). Federal mortgage programs must include principal reduction and must address the loss allocation among first lien investors and second lien investors to have lasting effect.

“HAMP has three fatal flaws,” she said. “First the agent retained to make the modification was a mortgage servicer rather than an originator. This created a significant amount of ramp time as many servicers were not equipped to handle the many functions necessary to underwrite a modification.”

Goodman added: “Second, HAMP only considers the first mortgage payment, taxes and insurance. It does not consider the borrower’s total financial circumstances. Third, and most importantly, the program does not emphasize the re-equification of the borrower.”

She emphasized greater importance on principal reduction — eyed recently by the Federal Deposit Insurance Corp. [4] in lieu of principal forbearance. Goodman says investors will “absolutely” support principal reduction, as foreclosure is costly not only to borrowers, lenders and investors. She suggested banks holding second liens to first write down liens to allow for modifications.

Goodman also urged a revamp of Hope for Homeowners to address second liens and misalignment of interests. More transparency on mortgage workout data is also crucial to the success of any program, she added.

Write to [5] Diana Golobay.

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U.S. Mortgage Delinquencies Reach a Record High

November 20th, 2009
Published: November 19, 2009

The economy and the stock market may be recovering from their swoon, but more homeowners than ever are having trouble making their monthly mortgage payments, according to figures released Thursday.

Nearly one in 10 homeowners with mortgages was at least one payment behind in the third quarter, the Mortgage Bankers Association said in its survey. That translates into about five million households.

The delinquency figure, and a corresponding rise in the number of those losing their homes to foreclosure, was expected to be bad. Nevertheless, the figures underlined the level of stress on a large segment of the country, a situation that could snuff out the modest recovery in home prices over the last few months and impede any economic rebound.

Unless foreclosure modification efforts begin succeeding on a permanent basis — which many analysts say they think is unlikely — millions more foreclosed homes will come to market.

“I’ve been pretty bearish on this big ugly pig stuck in the python and this cements my view that home prices are going back down,” said the housing consultant Ivy Zelman.

The overall third-quarter delinquency rate is the highest since the association began keeping records in 1972. It is up from about one in 14 mortgage holders in the third quarter of 2008.

The combined percentage of those in foreclosure as well as delinquent homeowners is 14.41 percent, or about one in seven mortgage holders. Mortgages with problems are concentrated in four states: California, Florida, Arizona and Nevada. One in four people with mortgages in Florida is behind in payments.

Some of the delinquent homeowners are scrambling and will eventually catch up on their payments. But many others will slide into foreclosure. The percentage of loans in foreclosure on Sept. 30 was 4.47 percent, up from 2.97 percent last year.

In the first stage of the housing collapse, defaults and foreclosures were driven by subprime loans. These loans had low introductory rates that quickly moved to a level that was beyond the borrower’s ability to pay, even if the homeowner was still employed.

As the subprime tide recedes, high-quality prime loans with fixed rates make up the largest share of new foreclosures. A third of the new foreclosures begun in the third quarter were this type of loan, traditionally considered the safest. But without jobs, borrowers usually cannot pay their mortgages.

“Clearly the results are being driven by changes in employment,” Jay Brinkmann, the association’s chief economist, said in a conference call with reporters.

In previous recessions, homeowners who lost their jobs could sell the house and move somewhere with better prospects, or at least a cheaper cost of living. This time around, many of the unemployed are finding that the value of their property is less than they owe. They are stuck.

“There will be a lot more distressed supply entering the market, and it will move up the food chain to middle- and higher-price homes,” said Joshua Shapiro, chief United States economist for MFR Inc.

Many analysts say they believe that foreclosures, instead of peaking with the unemployment rate as they traditionally do, will most likely be a lagging indicator in this recession. The mortgage bankers expect foreclosures to peak in 2011, well after unemployment is expected to have begun falling.

There was one sliver of good news in the survey: the percentage of loans in the very first stage of default — no more than 30 days past due — was down slightly from the second quarter. If that number continues to decline, at least the ranks of the defaulted will have peaked.

“It’s arguably a positive, but it doesn’t undermine the fact that there are still five or six million foreclosures in process,” Ms. Zelman said.

The number of loans insured by the Federal Housing Administration that are at least one month past due rose to 14.4 percent in the third quarter, from 12.9 percent last year. An additional 3.3 percent of F.H.A. loans are in foreclosure.

The mortgage group’s survey noted, however, that the F.H.A. was issuing so many loans — about a million in the last year — that it had the effect of masking the percentage of problem loans at the agency. Most loans enter default when they are older than a year.

When the association removed the new loans from its calculations, the percentage of F.H.A. mortgages entering foreclosure was 30 percent higher.

The association’s survey is based on a sample of more than 44 million mortgage loans serviced by mortgage companies, commercial and savings banks, credit unions and others. About 52 million homes have mortgages. There are 124 million year-round housing units in the country, according to the Census Bureau.

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Homeowners can rebuild credit after short sale

October 13th, 2009

Tried and true steps will help prepare for future purchases including a home

BY LEW SICHELMAN
UNITED FEATURE SYNDICATE

Homeownership may have lost its attraction to the millions of underwater owners who have lost their castles during the housing meltdown. But it is never too soon for folks who have given up their homes to start pointing to the day when they will once again decide to take the plunge.

Whether you were able to persuade your lender to accept a payoff for less than what you owed and dump your albatross in what’s known as a “short sale” or lost everything — lock, stock and doorbell — to foreclosure, if you start rebuilding your credit now, you may be able to buy another place in as little as two years.

Even if you’ve vowed never again to be an owner, the damage done to your credit profile by your housing woes will impact your everyday needs for at least the next 24 to 36 months. Everything from shopping for a cell phone to buying insurance to renting an apartment will be affected by your all-important credit score because of bankruptcy or foreclosure notations in your file.

“We live in a credit-dominated society, making it especially critical for those with tarnished credit reports to begin the rebuilding process as soon as possible,” said Gail Cunningham, spokesperson for the National Foundation for Credit Counseling in Silver Spring, Md.

It won’t be easy, and it takes time, but “it is always worth the effort,” Cunningham said. “Time is on your side, and the farther away you move from your financial distress, the less impact it will have.”

Many of the steps you need to take to rehabilitate your profile are similar to those of anyone with tarnished credit. But it’s likely that if you’ve been tagged by a short sale, foreclosure or bankruptcy, the rest of your credit has gone to seed as well. So follow these tried-and-true tips:

Review your credit report. You can’t know where you are going until you know where you are. So get a free credit report at creditreport.com, and look it over for accuracy. (That’s the official government Web site, and the only one that’s truly free.)

First, make sure that the information in your file is about you and only you, not someone who has a similar name or a similar Social Security number. Next, look for items about you that are simply erroneous.

If you find mistakes, dispute them. If you discover old debts that haven’t been paid off, satisfy them as soon as you can. “Paid late looks better than not paid at all,” Cunningham said.

Beware credit-repair scams. Don’t pay for something that you can do yourself. And by all means, don’t pay someone to wipe away the negative items in your file. They can, simply by disputing the bad stuff. But if they don’t follow through — and it’s likely they won’t — the damaging items will reappear in two or three months.

Check the status of a short sale. If your mortgage lender has accepted a payoff for less than what you owed, make sure that the account reflects a zero balance rather than the difference between the outstanding balance and the sales price.

Don’t assume that your short sale carries no further obligations. Some lenders are going after unpaid balances by filing deficiency judgments, while others are selling these bad debts for pennies on the dollar to bottom-feeding investors who then go after borrowers with a vengeance. Also, Uncle Sam can tax the difference as income.

If you are responsible for the remaining balance, make arrangements to repay, follow your repayment plan, and make sure that the lender, whoever it is, carries your account as current rather than seriously delinquent.

Foreclosures and bankruptcies. Bankruptcies tend to have a greater impact on a credit score because they typically involve more than one account, whereas a foreclosure involves just your mortgage, according to Craig Watts, public-affairs director at FICO, the company that devises many of the credit-score formulas used by most lenders. But either way, there’s nothing you can do about these extremely weighty black marks against your credit except ride them out.

Bankruptcies and foreclosures will remain on your credit report for seven years (10 years for a Chapter 7 bankruptcy). But as these items age, said Watts, they will have less and less of an impact.

Just a few years ago, underwriting rules were so loose that you could buy a house just 24 months after filing for bankruptcy. But now, according to Ginny Ferguson of Heritage Valley Mortgage in Pleasanton, Calif., you will have to wait for five years after the bankruptcy is dissolved, not just filed — and seven years if you’ve filed for bankruptcy multiple times.

Short sales. Lenders tend to look more kindly on applicants who have unloaded homes via a short sale, Ferguson said, who is also an acknowledged expert in credit scoring. In fact, she said you may be able to obtain another mortgage in as few as 24 months, depending on the circumstances of your previous derailment. “If you truly have extraordinary circumstances, you can be out there again as soon as two years.”

Checking and savings accounts. If you don’t have these already, open them. While activity on these accounts are not usually reported to the credit bureaus, your future mortgage lender will likely want to see two or three months of bank statements, so they count in your favor, especially if you are not overdrawn.

Apply for credit. Chances are good that if you’ve gone through a rough time, your credit-card issuers have closed your accounts. But if you still have one or two or more, make sure that you make your payments on time.

Next, apply for new cards. Credit-scoring models value the various types of credit differently, so the right mix is important. Having two or three revolving accounts, typically credit cards and an installment, fixed-pay loan (say, for a car) can actually improve your score, as long as you are current.

Also consider a secured credit card, one backed by a deposit you made with the institution issuing the card. While secured cards sometimes have higher fees and interest rates, the account activity is reported to the credit repositories each month. And after a period of on-time payments, the issuer will often offer you an unsecured card.

Realize, however, that credit cards are loans, and each issuer has different lending standards. So you will want to apply only for those cards that fit your profile. To research the various yardsticks, go to CreditCards.com or Bankrate.com.

Beware, though, of applying for too much credit at one time because it can appear as though you are desperate. Too many credit inquiries can have a negative impact on your score.

Take out a small loan. A personal loan from a bank or credit union can serve to re-establish your credit. You may be asked to put up collateral, but it will be worth it to build your file back up.

Make sure that your accounts are reported. After going through all this trouble, it would be a shame if your lenders did not report your on-time payment status. If the credit agencies are unaware that you’ve cleaned up your act, all this effort will have gone for naught.

Lew Sichelman has been covering real estate for more than 30 years. He is a regular contributor to numerous shelter magazines and housing and housing-finance-industry publications.

http://www.lvrj.com/real_estate/homeowners-can-rebuild-credit-after-foreclosure-or-short-sale-63917012.html

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