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Foreclosure Relief: What Are Those Carrots and Sticks?

By
Real Estate Agent with DLP Realty

snail progress manWhether you come to love or hate the new administration for the economic proposals it champions, the hope is that all sides in the complex foreclosure crisis will get a fair hearing.  The signs are that atmosphere in Washington will be a lot more open to discuss some fresh alternatives to approach the problem.  Here are some of the current plans under review - and this is even before the new administration has put in their two cents.

Bankruptcy Law Changes

First mortgages are currently exempted from the bankruptcy process, a glass half empty-half, half full deal for homeowners whose loans exceed the market value of the home.  The new proposal would require a borrower to contact his lender 10 days before he files bankruptcy to allow time to work out a modification.  If the two sides cannot come to terms, the bankruptcy judges could adjust the loan balance to fair market value, cut the interest rate, and extend the loan as part of a court-ordered five year payment plan.  Considered a "cram-down" by the lending industry, lenders have long opposed this approach but Citigroup and the National Association of Home Builders recently indicated they would support a version of it.  However, this approach might not help prevent foreclosure when the balance far exceeds the ability to pay.

FDIC Plan

Plans such as Hope for Homeowners aimed to standardize the loan modification process and bring down the borrower's mortgage-to -debt ratio.  That particular plan has not been not very successful so far as it is voluntary for lenders and contains insufficient incentives for lenders to participate.  The new plans would use Troubled Asset Relief Plan (TARP) funds to pay lenders $1,000 for every loan they modified to bring the mortgage within a 31% debt-to- income ratio.  Lenders would achieve this by first reducing interest rates, then extending maturity to 40 years, then deferring principle.  Though the borrower does not pay interest on part of the loan, he must repay the full balance when he sell or refinances the house.  

Hope for Homeowners

Aside from lack of incentives, lenders felt that Hope for Homeowners was bogged down in restrictions.  TARP revisions will lessen loan losses for refinancing borrowers into FHA loans.

GSE/FHA Loan Limits

FHA loans are becoming the loans of choice for first time buyers.  Loans limits for Freddie Mac, Fannie Mae, and FHA loans are likely to be restored to their previous high of $729,750. This will make these programs useful financing options in high priced markets. 

Tax Incentives

Plans are in the works for $7,500 tax credits for all buyers, not just first time home buyers, as well as mortgage interest deductions for taxpayers who don't itemize and those who rent out vacant property.

Lower Mortgage Rates

Both congress and the Federal Reserve are considering plans to offer guaranteed mortgages as low as 0- 2.00% to encourage home buying.

What might stand out from a quick review of list above is that none of the proposals will help some current homeowners who cannot qualify to refinance because their home's value has decreased so much or whose housing problems are now temporarily compounded by job loss.

Looking for a new Northampton county home with great financing?  Check out our Don Wenner Homes website to view our inventory of homes

Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Don, while they give lots of lip service to homeowner relief (and a few programs might work), the real push is to keep banks from failing.  Unfortunately, I see the banks taking tremendous advantage of this to everyone elses detriment.

Jan 22, 2009 11:30 PM
Mark Watterson
Salt Lake City, UT
Utah Real Estate

It seems everyone has a different plan.  All have there positive and negative.  I hear very little talk about the investor owned homes (speculator owned homes should be excluded).  It seems like it would make sense to address the entire market with sane solutions.

Jan 22, 2009 11:33 PM
Richard Shuman
The Only B.S. I Have is from the University of Massachusetts - Lake Mary, FL
Real Estate Broker - Orlando Area - Love Referrals

They should pay the lenders up to $10k per loan they modify. Then maybe they would do more!

Jan 22, 2009 11:42 PM
Leslie R. Willis
RON NEFF REAL LIVING - Chillicothe, OH

Thanks for all the great information in your post and I agree with Mark Watterson...Why can't they all have the same solution and one that works?!

Jan 23, 2009 12:58 AM