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The Administration's Foreclosure Program - In Need of Major Changes

By
Real Estate Agent with The Buyers' Counsel

foreclosure lockboxWith foreclosures still occurring in record numbers, the administration has announced that it will be making some changes to its "Home Affordable Modification Program." 

The original $75 billion Treasury program was put into effect to help potential foreclosure victims by enticing the banks to create loan modification programs for those who needed them.  Under the plan, lenders who agreed to lower payments for troubled borrowers were to be paid $1,000 initially for each loan.  That was to be followed by $1,000 annually for up to three years. 

It was all part of the government's $700 billion financial bailout  aimed at providing incentives for mortgage providers to be willing to accept smaller payments rather than to foreclose on homes. 

To date, homes are still being foreclosed on at record rates.  A report last week by the Mortgage Bankers Association listed that 14 percent of homeowners with mortgages are either behind in their payments or headed for foreclosure.  This was a record level for the ninth straight quarter.  

The original target for the foreclosure crisis had been borrowers who had gotten involved in subprime mortgages.  It seems now, according to a report last month by the Congressional Oversight Panel that this threat has now extended to those who took out conventional, fixed-rate loans as well.  It has even extended to some borrowers who were able to put down a significant down payment on their homes of at least 10 to 20 percent. 

One of the criticisms made by the treasury panel is that the current program is still targeted at the housing crisis as it existed six months ago and has not been updated to address the current situation which deals with a different set of borrowers, not only those with subprime loans.  

What are the planned changes to the current program?

Officials have said that they are making changes that will increase transparency and accountability from mortgage companies.  One of these is to put more pressure on lenders by highlighting the ones who are lagging in loan modifications. 

Another is to delay the cash incentive payments to banks until the loan modifications have actually become permanent. 

The question is, with the rise in unemployment and the basic ineffectiveness of these programs to date -will these new changes be enough to stem the tide of yet another phase of mounting foreclosures?

 Copyright 2009 - Claudette Millette, Broker, Owner, The Buyers' Counsel - (508) 881-6230

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Posted by

 

Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

The government made this problem, now everything they are doing to clean it up is only prolonging the pain and making it worse.  No Bailouts - Just Cut spending and cut taxes.

Dec 01, 2009 03:18 AM
Art Marine
Mortgage Solutions Financial - Lake Oswego, OR
Loans that Fit your Life

Jessica you are harsh...many of these consumers were victims of a bubble in values, many were profiteers who deserve what they got, a few were dishonest frauds.  We can't paint everyone with one brush.

Dec 01, 2009 03:19 AM
Michael Werbick
Castle Pines North, CO

OK - a simple point that all are missing...Yes there is a problem.  It started a long time ago with the democratic congress that housing should be affordable for all.  Programs were offered to those with lower income - thus artificially driving the cost of lower quality homes upwards.  The programs were then pushed to their limits to qualify people for homes slightly above what they can afford.  Thus driving those prices higher that they should be.  I lived in Arizona for 5 years.  I purchases my home for 215000 and saw the value rise to over $400,000.  I had lenders and agents calling me to refinance and sell.  I just sold this summer for $270,000.  Just where it should be.  

None of the Gov't plans work.  Self correction is what will fix our market.  But shame on the LO's AND Agents out there who would "talk with the appraisers to get the value the needed for the offer...

So what am I saying...the industry is to blame just as much as the Gov't, we all let it happen now we must suffer too.

Dec 01, 2009 03:31 AM
Jessica Horton Jessica Horton Realty
Jessica Horton - Jessica Horton & Associates - Griffin, GA
Jessica Horton: I'm not #1... You Are!

Art:

And how did that bubble happen? Everybody should own a home...

No, what will be harsh is when all the artificial sweeteners run out and we're left drinking this bitter cup.  Correction is painful, but we've got to put the crack pipe down and get off the drugs. There are consequences for our actions and running to the government to fix the very problems they helped create is insanity.

Dec 01, 2009 03:47 AM
Danielle Pierce
Platinum Realty and Preservation - Chicago, IL
ADPR

Great post! I too have been following the Home Affordability Modification Program and the general consensus seems to be that it has not worked as promised. Is more government intervention the answer? Is more accountability from the Homeowners the answer? I am not sure about either one, but I DO know that the process of requesting a loan mod under the HAMP, let alone getting one actually approved and permanently modified is proving to be a nightmare for most Homeowners. 

I just read an article in the local newspaper that Bank of America has hired VOLUNTEERS to knock on their neighbor's doors that are behind on their payments and ASSIST them with the process! If this works, they are talking about expanding this effort.

We STILL have a long way to go!

Dec 01, 2009 03:53 AM
Guy Thomas
WR Starkey Mortgage - Colorado Springs, CO

Hi Claudette, Wow, you generated a lot of great comments. My concern is that the housing boom was created with bad legislation, artificially low rates and ridiculous qualifying parameters. All resulting in a real boom bust scenario. Yes, it did artificially pump the economy up for a time, but are we paying the price for that now or what?

The second concern is that the statistics of loan modification are not encouraging. The last I saw is that about 60% of these homes are back in foreclosure within 6 to 8 months after the modification. What else would you expect? Unqualified buyers are still unqualified buyers. More proof that government rarely solves any problems. Unfortuantely, the real solution is to let the markets operate freely and settle out at the real values. Painful? Yes. but a more lasting stronger base will be formed for the economy to grow from in the future.

And these are the same politicos who want to run your health care. Beware!

Dec 01, 2009 04:02 AM
Faye Y. Taylor
StepStone Realty, LLC - Floresville, TX
Country Living with City Convenience -Wilson Co TX

Well,  here is my recent experience.   

Single mother saved her money, has excellent credit but not a real high income.  We found a manufactured home close to her parents in  very good shape which the previous owners had signed over a deed in lieu of foreclosure with a loan balance of more than $105,000.

Listed at $80k we bid on bidselect at $62,000 and got the contract.  HUD Appraisal was $100k in July.  The day we received the response on bidselect, our lender advised us that her manufactured lenders had pulled out.  No lender, promptly found another lender.  That lender got her info from the closing agent on 5 days later.  The closing agent is an attorney.  Texas uses title companies normally.  Title companies give the lender a closing protection letter.  Attorneys are not title companies so they give E&O.   NONE of the manufactured home lenders accept E&O, only accept CPLs.   Lost that lender.  Got on the HUD website and started calling lenders,   ones we knew & ones we didn't.  Several promised they could do it;  UNTIL they checked with their underwriters.  NO CPL, no loan.    I spoke to Southwest Allliance.  Could they move closing to a title company.  We have SEVERAL lenders who will do the loan IF we close at a title company instead of an attorney's office.   NO DICE.  Close with an attorney only;  the lender not accepting a CPL is not a good enough reason to refund the earnest money in the eyes of HUD.    WE finally found a lender who said they would do the loan as an exception.  THEN the lender changed their minimum loan requirements to $65k.   Buyer was willing to pay $5k more to complete the deal.  Spoke to HUD to INCREASE our offer $5400 and they DECLINED to amend the contract.

Ready, willing and able buyer offering $5000 EXTRA on contract and was turned down.  Makes sense to me, doesn't it to you?  & We the taxpayers are paying for this insanity.

 

Dec 01, 2009 04:06 AM
Eric Hestbeck
Titan Realty - Tampa, FL

Until the government and this administration get out of the way and let the market correct itself, we will only be kicking the can down the road. The Loan Modification Program (H.A.M.P.) has been a disaster. Lenders realize it is more financially rewarding to foreclose than to do a loan modification. Large numbers of these LM's are defaulting. We are facing another wave coming in mid 2010 with the Alt-A's and Option Arms.

Gov't & Wall Street are gaming the market and propping it up. These will eventually fail. The question is not if but when. The quicker we allow the market to correct, the better off we will be. There is no way to avoid the pain, but as with a band-aid, it is easier and less painful to just rip it off quickly rather than slowly.

Dec 01, 2009 04:55 AM
Chris Olsen
Olsen Ziegler Realty - Cleveland, OH
Broker Owner Cleveland Ohio Real Estate

Hi Claudette -- If all the changes are the two you listed (primarily), then I don't think these changes will have any measurable, positive impact.  I keep reading that the alt-a and arms going into default will keep rising for the next several years, so I'm not sure the current problem is being addressed.  I would rather see the government get out of the way, have a massive amount of pain for a shorter period of time, and then create some common sense regulations so the play money people can't just wreak havoc at will.

Dec 01, 2009 05:31 AM
Paul Francis
Francis Group Real Estate - Las Vegas, NV
Las Vegas Real Estate Agent - Summerlin Homes

The fundamentals were wrong to begin with...

All of the programs created by an entity to fix a problem they created is not the solution.... it's the problem in extending the pain even longer.

Katerina & Jessica certainly get it... I suggest anybody else who does not get it take a day or two and learn about the giant pool of money, the Federal Reserve and the relationship between D.C. and Wall Street.

Maybe then you'll understand what and why over a Trillion of Taxpayers money is being spent for...

Artificially propping up high home prices does not benefit Main Street in the long run....

 

 

 

Dec 01, 2009 05:59 AM
James Lyon
Vista Pacific Realty - Sacramento, CA

Thanks for the update, it is hard to keep up with all of the changes that are going on.

Dec 01, 2009 06:10 AM
Lana Robbins Realtor ® Licensed Real Estate Broker
Aloha Kai Real Estate - Clearwater, FL
Licensed in Florida, Washington, and Hawai'i

Hi Claudette. I work with short sales and REOs and from experience TARP money is not helping many homeowners. Instead it is delaying recovery while masking the government's aide to certain corporations.  The government helped some corporations more than they have helped homeowners. IMPO they should stay out of business and focus on increasing its efficiency before creating havoc on business with their inefficiency. I remain hopeful. ~ Lana

Dec 01, 2009 06:49 AM
Ted Tyndall
Davidson Realty Inc. - Saint Augustine, FL
I will help You find the Home YOU want to Buy

Claudett,

Its amazing the customers that do not know about this program.

Dec 01, 2009 07:51 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Claudette:  Congrats on the feature.  I don't think any changes to Making Home Affordable is going to do any good at all.  It boils down to the fact that some people financed homes in crazy ways because they could not afford them otherwise.   Unless principal balances are reduced (and boy would that piss off a lot of Americans were are upside down and making their mortgage payments on time), this just needs to run it's course.

Dec 01, 2009 09:03 AM
Sybil Campbell
Fernandina Beach, FL
Referral Agent Amelia Island Florida

As usual the banks and other lenders are taking advantage of many people who are losing their home when they should not be.  The whole foreclosure thing is a tragedy in my opinion.  It seems like a lot of homeowners don't think it is a big deal to let their house go into foreclosure.  That attitude is a reflection of society as a whole.

Dec 01, 2009 09:40 AM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

The government programs are not doing what they are supposed to do, and I'm not convinced anything will change any time soon.

Dec 01, 2009 03:31 PM
Wayne B. Pruner
Oregon First - Tigard, OR
Tigard Oregon Homes for Sale, Realtor, GRI

This program is important, but it is more important to have a program to create jobs now.

Dec 01, 2009 03:38 PM
Patrick Harfst
Realty Executives - Phoenix AZ - Gilbert, AZ

David Cook, comment #36 above, NAILED IT. The solutions are out there, but the bankers own the politicians, and neither want things to "get better"... They benefit by the chaos & turmoil...

Dec 01, 2009 03:40 PM
Anonymous
K

The lenders and gov't put out a bad product at the wrong time and the consumer is paying the price.  The programs today are not going to work, unless they truly change the entire process.  How can anyone who is having difficulty with their mortgage, qualify under the new standard?  Principle reduction must be considered and we should all be questioning why it is not. 

If short sale/foreclosure the principle is reduced, what is key here is the banks right the loss off.  Yet during a loan modification this is not an option, in fact cost are added to the back end.   So who would qualify?

I know many people who have been denied a modification and yet can get no answers from the bank on whether they will accept a short sale/deed in lieu or anything.  They get resubmit, resubmit, resubmit.

Lenders signed a 30 year contract and most consumers are having a few months problem.  Sad, it could be easily fixed and yet no one is willing to look at the big picture.

Dec 03, 2009 06:42 AM
#57
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

There are so many problems with the mortgage crisis right now that I don't even know where to begin. Foreclosures, fraud, ID theft and so many more. I don't like government involvement, because their idea of a fix is to throw money at the problem. We see where that has gotten us and it certainly isn't the right direction. I think investors need to hold their processors accountable rather than the government.

 Todd Clark - www.LivingBeaverton.com

Dec 04, 2009 02:17 AM