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Fannie Mae's new strategic default rule could amount to very little

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Living roomFannie Mae recently took an assertive step, in its own mind at least, to stem the growing tendency of mortgage borrowers pulling off strategic defaults. In that homeowners who could afford their payments choose to walk away from the obligation anyway. The GSE went ahead and added another category to the new policy. Home loan recipients who fail to do a workout in good faith also fall under the spell of its new guidelines. What this all means is that property owners fitting these parameters would be ineligible for mortgages backed by Fannie Mae for seven long years from the recorded foreclosure date.

Strategic default entered the already crowded mortgage and real estate vocabulary just recently when the ever thinner-skinned housing bubble couldn't hold on any more worthless air and popped. The event sent property values on a long skid toward the beckoning abyss and in the process wiped out equity in numbers not seen in modern times. Eventually home prices sank below the underlying mortgage balances and to the utter horror of observant homeowners just kept on going down, spawning the unpleasant designation for the phenomenon; underwater. And those underwater on their mortgages are prime candidates for a strategic default.

Right now Fannie Mae controls a decent chunk of the mortgage market and that gives its policy adjustment some teeth. Yet, as government-affiliated home loan providers today just about completely dominate the housing finance arena, no one else has thus far followed suit. Freddie Mac and FHA are the other major performers and predictably will then attract with their less restrictive rules much of the business Fannie Mae will be turning away.  

The private home loan sector is still struggling to rise from the ashes, but when they do so Fannie Mae's policy is bound to lose even more of its bite. Mortgage applicants - with strategic default/ foreclosure on their record - with down payment funds and solid income will be shopping for the best deal and private mortgage lenders with their innovative minds are certainly going to find a way to accommodate this specialty slice of the real estate market pie.

As things stand, Fannie Mae's policy change seems to hold minimal deterrence power for homeowners contemplating to go for the now notorious strategic default. People simply have too many options besides Fannie Mae to look at.

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Provided by: 

Esko Kiuru
Mortgage, real estate and apartment industry analyst 

www.BluefoxToday.com - syndicated mortgage, housing and property management blog

eskokiuru@gmail.com
My cell: 702-499-1006

Esko Kiuru
Bethesda, MD

Kelly,

You make a good point.

 

Shari,

To cover oneself everyone should use certified mail when dealing with lenders and servicers on workouts etc.

 

Aug 01, 2010 02:33 PM
Esko Kiuru
Bethesda, MD

Craig,

Your point about double standard is well taken, and supported so nicely by events of the last few years.

Aug 01, 2010 02:37 PM
Esko Kiuru
Bethesda, MD

Nick,

Looks like both sides, consumer andlender, could've been more responsible before the roof caved in.

Aug 01, 2010 02:45 PM
Esko Kiuru
Bethesda, MD

Gary,

It went up to seven under the new policy, a long time.

Aug 01, 2010 02:46 PM
Esko Kiuru
Bethesda, MD

Fernando,

Strategic defaults probably will be with us for a good stretch.

 

Carla,

One of the tragic consequences of being underwater now is not being able to refinance to these deliciously low rates.

Aug 01, 2010 02:54 PM
Esko Kiuru
Bethesda, MD

Harj,

Fannie going alone is just diverting business to the other organizations and private lenders.

 

Philip,

Would be nice to see the biggies doing more to fix this situation.

Aug 01, 2010 02:59 PM
Esko Kiuru
Bethesda, MD

Lane,

Thanks for stopping by.

 

Vince,

We ought to streamline our variety of capitalism to better meet future challenges.

Aug 01, 2010 03:06 PM
Esko Kiuru
Bethesda, MD

Joan,

Thanks for coming by to comment.

 

Nevin,

Exactly, it's a hornet's nest to try prove strategic default in most cases.

Aug 01, 2010 03:10 PM
Esko Kiuru
Bethesda, MD

Tim,

Many lenders haven't been as open to workouts as you would expect, despite the government's urging.

Aug 01, 2010 03:14 PM
Esko Kiuru
Bethesda, MD

Chris,

If owners do their homework they'll know soon enough that they have other options.

Aug 01, 2010 03:17 PM
Esko Kiuru
Bethesda, MD

Rita,

Looks like the new Wall Street Reform legislation just passed will tighten things up, long overdue by the way.

 

Glenn,

Some valid points you make there. Strategic default is something borrowers need to think carefully about before making any decisions.

Aug 01, 2010 03:22 PM
Esko Kiuru
Bethesda, MD

Pamela,

Precisely, homeowners as of right now have quite a few other options, so Fannie's rule won't have much impact.

 

Young-Jin,

Thanks for stopping by.

Aug 01, 2010 03:26 PM
Lewis Poretz
Apex Home Loans - Annapolis, MD
Business Development Manager

First of all I want to state this... not everyone who is upside down used their home as an ATM as many continue to remind us just as the agent for Fannie/Freddie above claims...

I attended the NACA meetings at the DC Convention center last week. I closely monitored several clients who were looking for help. I visited the Fannie Mae table with a client who explained they have attempted to contact their lender for the last two years. They explained to Fannie that paperwork that was signed for by FedEx was lost multiple times, fax confirmations were claimed to have never been received, income used for loan modification was calculated incorrectly and on and on and on... we all know the horror stories...

I asked the rep from Fannie why they have not policed investors more and held them accountable for not following guidelines set forth by the government with programs such as Making Home Affordable and HAMP. After all, Fannie is the one who is responsible for these loans, the lenders are simply the servicer. 

The response from Fannie --  we leave it to the lender to handle how these loans will be handled....

I also asked the Fannie rep about the new strategic default rule that allows them to pursue any unpaid balance and restricts lending to them for 7 years. I asked them what the difference really was between a strategic default and a short sale or foreclosure. I got a blank smile....  I asked again, if a homeowner attempts to negotiate a short sale but the bank refuses to communicate or takes forever to approve a contract, what really is the difference between a foreclosure and a strategic default.... again... blank stares.....   

The programs created by the government is nothing more than posturing... do you realize what percentage of American consumers are getting help?

Here is a question for all....   As more Americans either default or get foreclosed and these homes do not sell, Fannie and Freddie and banks will eventually run out of money yet again as the revenue from these properties stop. At some point they will yet again need to be bailed out... and one could say... tap the United States Government's ATM machine once again...   what happens then...

For everyone who continues to point fingers and blame as opposed to focusing on how to cure the issues at hand really should understand the facts. Most homeowners who are underwater were responsible borrowers who have been crushed by declining property values and unemployment/loss of income...

Watch for my post on the NACA conference in DC and how the lenders and GSE's who attended the meetings handled themselves. I was truly disgusted to be an American....   

Aug 02, 2010 01:11 AM
Nick Setting
Coldwell Banker Bain - Bainbridge Island, WA

@Lewis... I never said the bank wasn't irresponsible and shouldn't be held accountable. I am saying that every time I turn around there are more and more agents wanting to place all the blame on the banks and none on the consumer. And I don't make claims that people were using homes as "atms"... I know it as a fact since I'm the one selling the 1/2 flipped jobs...

Aug 02, 2010 02:32 AM
Esko Kiuru
Bethesda, MD

Lewis,

Good commentary and the paragraph just before the last paragraph should speak for itself.

Aug 04, 2010 03:57 PM
Renée Donohue~Home Photography
Savvy Home Pix - Allegan, MI
Western Michigan Real Estate Photographer

I second the notion about Lewis' comments!  We are seeing some areas of the Vegas Valley roll back to mid 80s prices. 

I wish there could be a band aid solution for this but the cut is entirely too deep.

Aug 18, 2010 09:03 AM
Esko Kiuru
Bethesda, MD

Renee,

Going back to the 80's prices spells for a serious erosion that will take a while to correct.

Aug 18, 2010 02:32 PM
MJ Anton
Ormond Beach, FL

Homeowners need to understand all of their options.  For those that are considering a strategic default, they need to seriously look at principal reduction options

www.MortgageNoteReduction.com

Oct 10, 2010 03:50 PM
Esko Kiuru
Bethesda, MD

MJ,

Homeowners fully understanding all the options is vital in this market.

Oct 11, 2010 02:55 PM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Far too many homeowners just walk away from the property and the mortgage, only to learn later that they should have done their homework and considered a short sale.

Jan 03, 2011 02:14 AM