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Can this really fix housing?

By
Mortgage and Lending with New American Funding NMLS 6606 310298

homebuyingOur friends at Think Big, Work Small once again bring up the topic of a bill recently introduced in congress that would allow for any and every mortgage owned by Fannie or Freddie to be refinanced at current rates. This refinance would be granted regardless of credit, income, loan to value or any other criteria except that the loan had to be on a primary residence and it had to be a loan written before the passage of this bill. Call it your ultimate no-doc loan. The bill is HR 6218 and you can read it here.

This comes at a time when the industry has pushed underwriting away from the subprime excesses of low/no doc to the extremes we see these days where self employed borrowers are penalized because they write off allowable business expenses (that's why we had stated income loans in the past). The pendulum has swung savagely in the opposite direction, and where we once had easy money, now good credit risks can't get a loan.

That's why this thing might just work...

We are seeing foreclosure rates increase, in spite of the fact most subprime loans have been dealt with. Yes unemployment is having a huge effect, but so is underemployment and strategic default. We know chronic unemployment will frequently leave a family unable to support the cost of a home; but it's the underemployed that are just scraping by and defaulting only when they become overwhelmed.

Stay with me on this- there is a fix...

What if, instead of just giving everyone this no-doc refi we add just a few common sense guidelines? What if we require that the mortgage being refinanced have an on-time payment history of at least 12 months and that the new payment must be lower than the previous one? This would reward the people that have been playing by the rules and making their payments, but that can't take advantage of current rates because their property values and/or income have declined to the point they are un-financeable.

It would take performing loans (loans being paid as agreed) that we, as taxpayers, are currently on the hook for (if Fannie/Freddie own them, that means we all own them) and make them MUCH less likely to ever become non-performing loans. Don't lose sight of the fact that although these loans are performing now, they are the ones at greatest risk for future default. All of the A+++ deals are refinancing at these rates, and those deals are solid gold.

Can it stop, or at least slow down, the next wave of impending foreclosures? I think so and if you do too please pass this around to your legislators and members of the industry.

Truth is the bill is improperly written on many fronts (hey politicians don't know how our business works- that should be painfully obvious by now!) but with a little re-writing, this bill could be the beginning of a true recovery. Do you agree?

 

Comments(11)

Gary Miljour
American Financial Network, Inc. NMLS#207208 - Southern Pines, NC
Mortgage Originator NMLS Licensed in AZ and NC

I think this is a great idea, because you are not rewarding bad behavior.  Right now congress wants to allow anyone and everyone to refinance, but it does nothing from stopping bad behavior. 

Oct 14, 2010 10:57 AM
Lou Ludwig
Ludwig & Associates - Boca Raton, FL
Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC

Gerry

A very interesting concept.

Good luck and success.

Lou Ludwig

Oct 14, 2010 01:52 PM
Lane Bailey
Century 21 Results Realty - Suwanee, GA
Realtor & Car Guy

It would help, but what about situations where the value is down 20-50% from the loan balance?  There are a lot of issues and no simple fixes. 

Oct 14, 2010 02:36 PM
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans

Gerrry.... as I have expressed in the past, I can see some good with this... but I would still have some issues. I semi agree with Lane's comment above me. SOme of my concerns by just giving out a handout as such, or how ever you want to word it... there are some unknowns still.  Such as values and if this is done in some very troubled areas to where vaules decrease even more,.. and those individuals helped, if some go into foreclosure???  Then what?  And the costs of the refinance added back into the loan, would just create more debt.  This is one main reason why FHA changed their FHA streamline process, because so many homes underwater and if people can't make a $2,300 payment, but the payment drops to $2,100... is that going to make a difference?  Well, the mods have proven no to this problem. More than 50% of the mods have gone back into foreclosure. I know that you stated that this program would be for those that have demonstrated 12 + months of good payments.  But even these people could fall victim per se.

Overall.. I still have some mixed reviews about this, trying to make it simple, when it could still cost us more money down the road one way or another. I have to rethink this, looking at it from all angles. Because something is in my brain per se and I can't seem to put it on paper.. so back later.  ps.. I guess there is a part of me that says.. when you buy, you know your payment.  You don't buy saying, I will refinance down the road to get myself in a better position. I am sure there were many that did this and now they can't... and each person I do a loan for now, I explain this to them... because we don't know the future and some of what has happened has been a learning process for many.  thanks

jeff belonger

Oct 14, 2010 05:21 PM
Colleen Craig
Southern California Mortgage Professional - Santa Clarita, CA
The Mortgage Ninja

I'm reading this and thinking from my own perspective.  I Saved for years... I put all my life savings into buying my home.  I Put 20% down and now am easily 100,000 under water.  The unfortunate decline in the housing industry and me being in the business has affected me 110% with keeping up with my mortgage payments - that some people have pointed their fingers at saying "they knew what their payment was".   I would gladly embrace this program, as I have NEVER been late on my payments to date, but struggle to keep the roof over my head.   I watch people living in their homes for 3 plus years without paying a cent. I watch all the "bailout" b.s. money helping who?  Don't get me started on that one.  If I am in this situation after 24 years, then there are plenty of people that are with me.  I embrace helping the people that value their credit and maybe this will help.  Not a bailout for those that don't give a shit......how about some help for those that DO!

Oct 14, 2010 05:40 PM
Gerry Suarez Jr.
New American Funding NMLS 6606 - Orlando, FL
FL Mortgage Guru

Gary- My sentiments exactly, and at a time when the people who deserve to be rewarded are feeling the most left out and abandoned. How many people do you talk to each day that are scraping by, making their payments but sacrificing to do so, only because they can't take advantage of these great rates because the bar has been raised too high to qualify?

Lou- Great to see you here buddy- I hope all is well for you too! Maybe we can discuss this at our next breakout session :)

Lane- That is exactly what this program is meant to circumvent. If the property value is down 50% but a borrower has still been paying on time for the last twelve months, what do you feel is the risk in that borrower defaulting if we get them a lower payment? My bet is the risk of default drops substantially.

Jeff- I guess where I see it differently is that I don't feel it's a handout. I feel this loan program is a prudent business decision to alleviate the threat of future default on loans that are currently at a higher risk of defaulting because of onerous terms. Jeff, we still haven't worked out the interest only pipeline. Many of those loans will revert to fully amortizing twenty year terms in the next 3-6 years. How are those people, who are making their payments fine right now, going to afford that jump in payment? Especially considering that a refi is likely not possible because of a decline in property value?

Regarding the re-default of our loan mods, and having seen many of those mod agreements, I can think of two reasons why this is so very different.

First- the majority of mods are being done for borrowers who have defaulted, and once that bridge is crossed it's difficult to go back. Furthermore, even for the ones who have been on time with their payments, the mod process almost always destroys their credit because it reports the loan as "not paid as agreed" during the trial period. Any way you look at it, people's credit gets screwed.

Second- Have you seen these agreements? They are the worst of our subprime loans revisited. Check out these posts I wrote a while back

http://activerain.com/blogsview/1362397/hamp-loan-modifications-are-nothing-but-predatory-lending

http://activerain.com/blogsview/1403744/ruin-your-credit-with-a-mortgage-loan-modification

When you do this to people, what is their incentive to stay in the property?

Colleen- I feel your pain sweetie, and am in the same boat. My 5% rate was great for a long time and my wife used to chide about her 4.875% rate saying she got it because she sleeps with her broker! :) I'm fortunate they are great rates I managed to get us, and that's kept us alive through this, but it's sad as hell that I'm in the business and can't take advantage of these better rates only because my property value has fallen. Does that make me at greater risk of default? Not really. But does it make me resent the way my tax dollars are being wasted on programs that don't and won't work? Hell yes!

Thank you all for your comments and for engaging in this dialogue. I fully realize this is not a cure all (it doesn't address second mortgages at all) but I do feel it could be a huge step in the right direction.

Oct 15, 2010 02:38 AM
Paul McFadden
Responsive Pest Control - Seattle, WA
Pest Control, Seattle, WA.

Gerry: These are good thoughts. The question is whether the banks will look at alternative avenues. My guess is probably not.

 

Paul

Oct 15, 2010 06:50 AM
Gerry Suarez Jr.
New American Funding NMLS 6606 - Orlando, FL
FL Mortgage Guru

Paul- That would depend on how the bill was written and how it was administered. Of course there would be buy back concerns; but considering we are already on the hook for these loans, and the qualifying guidelines don't allow much room for error (on time, check; primary residence, check- you're done!) they could be administered with idiot proof buy back provisions from Fannie/Freddie. Couple that with only servicers doing their own loans (no one wants to pick up anybody else's bad loans) and it would certainly work.

Unfortunately it leaves you, me and most originators from profiting by writing these loans; but the objective is to help fix housing and we would all benefit from that. Thanks for commenting and thanks for that referral :)

Oct 15, 2010 07:42 AM
Coldwell Banker Camelot Realty
Coldwell Banker Camelot Realty - Mount Dora, FL
Homes for Sale Mount Dora Realtor

Gerry,

It's time to reward good behavior.

Oct 19, 2010 09:29 AM
Gerry Suarez Jr.
New American Funding NMLS 6606 - Orlando, FL
FL Mortgage Guru

AMEN Ray, or at least stop penalizing it! Thanks for commenting!

Oct 20, 2010 03:06 AM
Anonymous
Bill Burnett

It is time to stop spending billions of dollars on programs that are at best dismal failures to keep people in homes that they can't afford.  Loan modifications only get people to the point where they theoretically can afford their expenses and do nothing for the economy.  Here is a simple solution that will help both the housing industry and the overall economy. 

For those people who can afford their payments but are underwater and can also qualify under standard underwriting guidelines you first need to get an appraised value.  Say you owe 400K on your loan at 6.25% and the appraisal comes in at 300K.  You get the lender to adjust their first trust loan to 300K and the Treasury, not the Fed, guarantees the other 100K.  Your rate gets dropped to 4.25% for both loans (yes you pay the Treasury back, no freebie) and you save almost $500 per month.  Since these people are affording the monthly payments already that means that the $500 is available to go back into the economy.  Upon sale the borrower would not share any equity until the value exceeded 400K.  The borrower would receive equity only from the amount below 300K that they have paid down the first trust balance. 

Now, if there are 42 million mortgages and statistics say 23% are underwater then this could apply to almost 10 million borrowers.  Ten million borrowers x $500 = 5 BILLION back into the economy each month!  There are more details but it is too lengthy for this post.

Maybe it's just to simple for our government officials to figure out?  They are spending too much time, money and effort trying to help the wrong people.  Before I get hammered, I do have a heart but this housing industry and the economy needs to get fixed FAST and we need to be looking at the most productive way to get there first. 

Bill Burnett
President
Virginia Assn. of Mortgage Brokers 

Oct 21, 2010 04:24 AM
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