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UNDERWATER MORTGAGE SETTLEMENT ANNOUNCED BY ATTORNEY GENERALS - WHAT IT MEANS

By
Real Estate Attorney with THE ZARETSKY LAW GROUP - Board Certified Real Estate Atty and AUTOMATED LAND TITLE COMPANY

Reported yesterday in online editions of the press and hitting the newstands today is the settlement of $25,000,000,000 - that's $25 Billion - to the states and homeowners that were "abused" by lenders and that are underwater on their home values.  The payments are to be made to the States within a few days of the Federal Judge approving the settlement and to affected homeowners and borrowers over the next three years.

Is it time to get excited?

If you are a State (I don't know of anyone personally being a State), a check will be cut to your treasury with the total in paid to the States of $5 billion.  Florida is getting $350 million, for example. That leaves $20 billion for borrowers.  If you are a former borrower (as in your home was lost to foreclosure) you may be entitled to up to $2,000.  If you are still in trouble, the opportunity to refinancing, modification with principal reduction, or other adjustments is supposed to be enhanced.  But don't expect any relief soon.

The Administrator will handle the logistics.

Over the next 60 or less days, a national administrator is to be appointed and the Administrator will monitor compliance and interpret what the settlement is to accomplish.  The Administrator along with the state attorneys general and the loan servicers will identify homeowners eligible for the immediate cash payments, and for principal reductions and refinancings.  If you are eligible, you will be notified by your lender.  This is to be accomplished over the next 3 years, with a percentage of the estimated number of those eligible to be helped each year.

Florida borrowers are expected to receive about $309 million in refinancing of underwater loans.

Is this really a settlement?

The question is whether the banks really did anything they were not already going to do.  The answer may be that the payment to the States is the only plum in the settlement.  The other $20 billion in "relief" is really the same or smaller dollar amount that the lenders were expecting to lose on the problem loans anyway.  Under the settlement there is a structured way to administer how those loses will be handled, with government oversight to relieve the lenders of themselves screwing up, since now they can blame the Administrator and the settlement interpretation they were only complying with.

WHO MAY BE ELIGIBLE?

The full settlement can be found at www.nationalforeclousresettlement.com where the summary of WHO MAY BE ELIGIBLE can be found and states:

Because of the complexity of the mortgage market and this agreement, which will be performed over a three-year period, borrowers will not immediately know if they are eligible for relief. Borrowers from states who did not sign the settlement will not be eligible for any of the relief directly to homeowners. Borrowers from Oklahoma will not be eligible for any of the relief directly to homeowners because Oklahoma elected not to join the settlement.

The settlement provides assistance for:

  • Homeowners needing loan modifications now, including first and second lien principal reduction. The servicers are required to work off up to $17 billion in principal reduction and other forms of loan modification relief nationwide.

    State attorneys general anticipate the settlement’s requirement for principal reduction will show other lenders that principal reduction is one effective tool in combating foreclosure and that it will not lead to widespread defaults by borrowers who really can afford to pay.

  • Borrowers who are current, but underwater. Borrowers will be able to refinance at today’s historically low interest rates. Servicers will have to provide up to $3 billion in refinancing relief nationwide.
  • Borrowers who lost their homes to foreclosure with no requirement to prove financial harm and without having to release private claims against the servicers or the right to participate in the OCC review process. $1.5 billion will be distributed nationwide to some 750,000 borrowers.

TIMELINE

  • Over the next 30 to 60 days, settlement negotiators will be selecting an administrator to handle the logistics of the settlement and monitor compliance.
  • Over the next six to nine months, the settlement administrator, attorneys general and the mortgage servicers will work to identify homeowners eligible for the immediate cash payments, principal reductions and refinancing. Those eligible will receive letters.
  • This settlement will be executed over the next three years

 

Copyright 2012 Richard P. Zaretsky, Esq.

Be sure to contact your own attorney for your state laws, and always consult your own attorney on any legal decision you need to make. This article is for information purposes and is not specific advice to any one reader. Richard Zaretsky, Esq., RICHARD P. ZARETSKY P.A. ATTORNEYS AT LAW, 1655 PALM BEACH LAKES BLVD, SUITE 900, WEST PALM BEACH, FLORIDA 33401, PHONE 561 689 6660 begin_of_the_skype_highlighting 561 689 6660 end_of_the_skype_highlighting RPZ99@Florida-Counsel.com - FLORIDA BAR BOARD CERTIFIED IN REAL ESTATE LAW - We assist Brokers and Sellers with Short Sales and Modifications and Consult with Brokers and Sellers Nationwide! Shortsales@Florida-Counsel.com Website www.Florida-Counsel.com.

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Andrea Swiedler
Berkshire Hathaway HomeServices New England Properties - New Milford, CT
Realtor, Southern Litchfield County CT

Richard, I wrote about this. Although borrowers should know this as well as those who may be eligible for some funds because of a foreclosure that fits in the guide lines... I am not holding my breath. Although it seems like a huge amount of money, I wonder exactly how it will be administrated. I wonder if the lenders have actually trained their people to make sure they don't repeat the same behavior with the customer that is reaching out for help. I wonder how the people foreclosed on will feel, if and when they do receive money. In Connecticut it is supposed to be $1,500. Too little too late? I don't know, I have very mixed emotions about this.

In all of this announcement there were two things that struck me. First the explanation of why... foreclosure abuses, fraud and unacceptable mortgage servicing practices.  The F word is there... FRAUD, unacceptable .... because this I totally agree with. It was all unacceptable, from day 1. Many thought this would mean no prosecution, no law suits, however I understand from the office of Attorney George Jepson that is not the case. "The settlement does not grant any immunity from criminal offenses and will not affect criminal prosecutions. The agreement does not prevent homeowners or investors from pursuing individual, institutional or class action civil cases against the five servicers.; The pact also enables state attorneys general and federal agencies to investigate and pursue other aspects of the mortgage crisis, including securities cases." -Office of Attorney General George Jepson

I hope this will help those who need it. But 3 years.... and knowing how badly they have behaved.... one can't help but wonder if they intend to wave a magic wand to change the mindset of those who actually interact with the public... and those who make the ultimate decisions.

Feb 10, 2012 12:41 AM
Wayne Goss
Keller Williams - Punta Gorda, FL
THE MYSTERY MAN

Richard,

            This program sounds like the magic bullet. I wonder if it to will be full of hot air, go nowhere and do nothing like all the programs they tried before. For those home owners who were forced to foreclose through rubber stamping... I heard on the news that they will get an average of 1500 dollars. Trivial amount don't you think for being illegally forced out of your home...Wayne

Feb 10, 2012 12:46 AM
Gary L. Waters Broker Associate, Bucci Realty
Bucci Realty, Inc. - Melbourne, FL
Eighteen Years Experience in Brevard County

Good info, Richard. This will be an interesting thing to watch. With the same skepticism I find myself frequently having toward most government programs these days!

Feb 10, 2012 12:46 AM
Hannah Williams
HomeStarr Realty - Philadelphia, PA
Expertise NE Philadelphia & Bucks 215-820-3376

 Richard  What an amazing moment .. We will see where it leads

Hannah

Feb 10, 2012 03:13 AM
Steven Cook
No Longer Processing Mortgages. - Tacoma, WA

Richard -- thank you for your comments on this.  A couple of clarifications: 1) this only applies to loans from these lenders, and does nothing for those whose loans are covered by Fannie Mae or Freddie Mac; and 2) the news articles I have seen today, seem to indicate that any interest rate reduction will be to about 5.25% -- not really the current historically low interest levels (another way for the banks to make the money back - IMHO).

Feb 10, 2012 06:22 AM
Ron Marshall
Marshall Enterprises - Saint Michael, MN
Birdhouse Builder Extraordinaire

Wisconites got the shaft. Their governor is using the settlement money to balance his budget. He claimed on Wednesday the budget was balanced. Today he confessed that it wasn't and is using the money that should go to homeowners to shore up his shortfall. Shameful.

Feb 10, 2012 01:42 PM
Wendy Rulnick
Rulnick Realty, Inc. - Destin, FL
"It's Wendy... It's Sold!"

So, the government can set a decree to change the loan principal set between private parties. I find that troublesome.

Feb 29, 2012 08:53 AM
Debra B Albert,PA
Keyes Realty Port St Lucie, FL 34986 - Saint Lucie West, FL
Ron And Debbie Make The Most of Your Move

That is a lot of zeros~ Maybe there is a little something for the rest of us

Mar 14, 2012 11:45 PM