Feldman Law Center – News by Feldman Law Center
After months vehement opposition to most of what the Obama administration has tried to push forward to help struggling homeowners, mortgage investors have thrown their support behind one of the biggest failures of the Bush Administration. The Federal Housing Administration’s Hope for Homeowners (H4H) program, estimated at its outset to be able to help 400,000 homeowners, only originated one new loan.
As he Obama Administration tried to breathe life back into H4H, the mortgage investors saw some potential and started coming around. Part of what they liked was taxpayer money bailing them out of bad investments. The spin on H4H is that it aims to ease a struggling borrower’s debt burden by allowing for a principal reduction to bring a homeowner to approximately even between the size of the mortgage and the value of the home. The mortgage investors would forgive some of the borrower’s debt as part of the principle reduction and then get cashed out by receiving a check from Treasury for something less than the home’s current value.
Being able to roll up to the government sponsored trough and cash out with more taxpayer dollars is, by far, the best option presented to the investors since the bubble started popping in 2006. H4H will allow them to cash out of delinquent mortgages, convert a liability into cash, get a defaulting bond off the books, lick their wounds, and move on. Under the plan, taxpayers will become the new investors in residential real estate, at a time when professional investors are either fleeing or sitting on their hands waiting for the bottom to fall out of the market.
The Obama Administration’s Making Home Affordable home loan modification plan has frustrated mortgage investors as they have had to take a back seat in home loan modification process, with their loan servicers in the driver’s seat. The recent passage of a safe harbor bill by Congress in May added salt to the investor’s wounds by granting loan servicers even more autonomy in their loan modification negotiations. Those negotiations basically yield one of two outcomes for the investors: either a lowered interest rate on their bond with the possibility reduced principle, and a longer maturity or a home that’s going into foreclosure. With the small percentage of sales at auctions, foreclosures are building a huge backlog as bids often come in at 60% or less of the mortgage balance. The FHA plan gives them a third option of putting cash in their pockets without having to worry about selling the property.
The recently updated version of the H4H program is simplified, costs less, and has some incentives but, in its current construct, is still a dog that won’t hunt. A bunch of details need to be worked out, like profit splits with taxpayers and lenders, should a participating homeowner sell at a profit. That part is another aspect of the plan the investors love. Being able to participate in profits after cashing out is as good as it gets coming out of a situation as convoluted and costly as the current foreclosure debacle.
Another issue is that H4H breaks a single refi into three mortgages under the original design of the plan, which is probably one of the reasons that it yielded only one mortgage origination the first time around. Scott Simon, from Pimco, likes the FHA plan but knows it still needs work. “Unfortunately there are still too many devils in the current details for it to be widely used,” he said. Investors are hoping that the plan will be streamlined in continued meetings between HUD officials, the Treasury Department, the Federal Deposit Insurance Corp., and the White House.
Under the new design of H4H, homeowners get a mortgage with a smaller balance which is then sold to investors as a 100% taxpayer-backed bond. Ideally the mortgage balance will be reduced enough to give the homeowner an equity position in the home which, combined with lower mortgage payments, would greatly reduce the chance of foreclosure. That conclusion was backed by a recent Fitch rating report which estimated that 65 to 75% of subprime mortgages that were modified will end up going back into default, a huge jump from the current default rate of 50%. When those modifications include a principle reduction the default rate decreases by about 30%, according to the report.
Christopher Mayer, a vice dean and professor of real estate at Columbia University, in a recent interview said that “ …investors realize that H4H isn’t some grand solution and are championing it primarily because they see it as better alternative to the government’s modification program. They see the modifications as delay, delay, delay.”
Mayer supports the safe harbor bill that protects servicers and would like to see loan modifications increase. He doubts that the government’s efforts to subsidize this push for H4H will work out as planned. Seeing the plan for the investor bailout that it is he said, “This is just going to be a morass for taxpayers. Sometimes the best thing to do is foreclose and foreclose quickly. Speed is incredibly important in this business.”
About Feldman Law Center
The Feldman Law Center is one of California’s top loan modification companies, providing excellent service to our clients and is completely focused on keeping everyone one of our clients in their homes. Our loan modification experts work tirelessly to provide every homeowner we work with the information, guidance and support they need to modify their mortgages and keep the homes they’ve worked to buy.
About Loan Modifications
If you’re unfamiliar with what a loan modification is, a mortgage loan modification is quite possibly the most effective tool you can utilize if you are behind on your mortgage, and are in the midst of a financial hardship, in order to save your home from interesting foreclosure. A loan modification is literally is a process where the terms of a mortgage are modified outside the original terms of the contract agreed to by the lender and borrower (i.e mortgagor and mortgagee). In general, any loan can be modified. The Feldman Law Center knows every law in California (and the country) that may be able to keep you in your home. Lenders would rather renegotiate the terms of your loan, and possibly even negotiate a principle reduction, than let the house go into foreclosure.
With years of experience negotiating with lenders, as well as years of experience keeping people in their homes, the Feldman Law Center is one of the most experienced loan modification firms in all of California. Visit feldmanlawcenter.com for more information.
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