Sunday, December 09, 2007

Who the Subprime Mortgage Plan Will Help

Who the Subprime Mortgage Plan Will Help

Posted By admin On December 6, 2007

And how Realtors can use the information to inform the public and stand out to their market

RISMEDIA, Dec. 8, 2007–Realtors who want to differentiate themselves in today’s volatile real estate market can do so by becoming educated on Bush’s plan to help 1.2 million struggling homeowners who have subprime mortgages that could raise their interest rates dramatically next year.

In a Wall Street Journal Online article titled, “Battle Lines Form over Mortgage Plan,” published Friday, writers Michael M. Phillips, Serena Ng and John D. McKinnon detailed the following information about who exactly can get help from Bush’s plan.

(WSJ Online)–In unveiling a plan to help more than one million struggling homeowners, the Bush administration and the mortgage industry have embarked on a controversial project: picking winners and losers from the rubble of the subprime-mortgage meltdown.

Under the deal, formally released yesterday, the industry would voluntarily help as many as 1.2 million homeowners who are heading for trouble paying their subprime mortgages but aren’t yet lost causes. For some homeowners, loan-servicing companies will agree to freeze mortgages at their low introductory rates. In other cases, credit counselors or loan servicers will walk mortgage holders through refinancing processes.

The deal won’t provide relief to many subprime-mortgage holders: These include borrowers who are now in foreclosure, have already refinanced their homes or are more than 60 days delinquent on more than one payment over the past year. In some cases, people with good credit scores will be excluded. Also left out are those deemed able to afford the higher interest rates scheduled to replace their introductory rates over the next two years.

The initiative could help stabilize falling home prices and rising foreclosure rates, buoy the mortgage market and provide a modicum of comfort to investors watching the housing crisis bleed into the broader economy. But it also sets what promises to become a battle line as the subprime crisis plays out over the coming election year. Some critics, especially Democrats, say the plan doesn’t go far enough to protect vulnerable homeowners against foreclosure. Others, including some homeowners, as well as those who have watched from the sidelines as home prices have soared in recent years, charge that the plan amounts to a bailout for financially reckless borrowers.
The agreement covers homeowners who have taken out subprime mortgages, those offered typically to high-risk borrowers. About 1.8 million subprime loans are adjustable-rate mortgages, or ARMs, that carry low introductory rates that are set to expire in the next two years and adjust upward. These ballooning mortgage payments would threaten to produce a wave of foreclosures and a spiral of lower home prices and tightening credit.

The housing crisis is spreading beyond this relatively small subprime universe, causing turmoil on Wall Street and raising the specter of an economic slowdown. In the third quarter, home foreclosures hit their highest rate since at least 1972, according to the Mortgage Bankers Association. Prime adjustable-rate loans — not covered in the industry’s rescue plan — accounted for 18.7% of mortgages starting foreclosure, the second-highest proportion behind subprime adjustable-rate loans. The overall delinquency rate is the highest since 1986, with some 2.64 million borrowers nationwide behind on payments for their first-lien mortgages for residences.

Nouriel Roubini, an economist at New York University and chairman of research firm Roubini Global Economics, calls the plan “a step in the right direction.” But Mr. Roubini says the plan won’t turn things around. “Over the next three years, we’re still going to see a housing recession that leads to defaults and foreclosures,” he predicts. “Anything we do now is on the margins.”

The agreement, which was hammered out with investors and mortgage companies under the auspices of the Treasury Department, is the centerpiece of the Bush administration’s free-market approach to the mortgage crisis and may be as far as it is willing to go in the direction of a full bailout. But pressure is likely to increase as housing and the economy move to the top of the presidential-election agenda. Candidates such as Hillary Clinton, Barack Obama and John Edwards have come out with their own plans, all of which go further than the White House is willing to go so far.

Rep. Barney Frank, a Massachusetts Democrat and chairman of the House Financial Services Committee, said he is concerned that the plan sends the wrong message by not helping borrowers who have maintained good credit scores. These scores can run from 300 (bad) to 850 (ideal). According to the plan, homeowners scoring 660 or above will be considered fit to pay their mortgages. Such a rule would punish people who have tried to avoid taking on debt they couldn’t handle, Mr. Frank said. He called the decision a “grave error.”

Under the new plan, Humberto Goncalves would be on the cusp. The electrician took out an adjustable-rate mortgage when he bought a home in Cranston, R.I., in 2005. He is current on his mortgage and thinks his credit score is about 660. Mr. Goncalves says he is already paying about $2,000 a month. “Anything to keep it from going up would be very helpful,” he says. “There’s no room for it to go higher.”

Gladys and Robert Edmonds believe they should be offered a lifeline as well. The retirees in Tiverton, R.I., aren’t eligible for government help because they don’t have a subprime loan. Instead, the Edmondses, who live on a fixed income, say they refinanced their home in 2005 by taking out an option ARM, which lets borrowers pay small amounts early but that risks sharp payment increases later.

The couple has run up credit cards trying to keep current on their home payments, which have climbed from $1,480 to about $1,800 and will rise again to more than $2,000 in January. They say they were approached to refinance by a telephone solicitor and that the loan’s terms weren’t properly explained.

“We’re not the kind of people to neglect our debts,” says Ms. Edmonds.

At its most basic level, the Bush-supported proposal is aimed at stopping and reversing the real-estate market’s spreading turmoil. As foreclosures have increased, they have added to the number of houses for sale, depressing prices. Falling prices encourage more people to stop paying their mortgages and go into default, because their homes are worth less than their loans. More homes go into foreclosure.

The program aims to assist borrowers able to keep up with payments at their introductory rates but who will likely fall behind and face foreclosure if their rates go up as scheduled.

According to the plan, homeowners would contact credit counselors or their loan-servicing companies, who would sort them by their credit and payment history and ability to pay. Those 60 days behind on more than one mortgage payment over the past year would most likely receive no assistance, other than credit counseling to talk them through the loss of their homes. In the triage of the mortgage industry, they are considered largely beyond help.

“If the sheriff is at your door hauling out your furniture, and that’s the first time you call your lenders, then you’re probably too late,” said Steve Bartlett, president of the Financial Services Roundtable, a trade association of the country’s 100 largest banks, mortgage servicers, insurance companies and mutual-fund companies. Treasury Secretary Henry Paulson asked the group to coordinate the industry negotiations, in a forum called the Hope Now Alliance.

The alliance estimates that 600,000 of the subprime borrowers whose rates will reset in the next two years fall into this category. They are likely to lose their homes, or, in Mr. Paulson’s words, “become renters.”

The 1.2 million borrowers relatively current in their mortgages will be considered for the government-endorsed program. They will pass through the next set of screening to determine whether they can refinance at more-favorable mortgage rates. Some 600,000 borrowers are expected to qualify. These borrowers are expected to be offered counseling and a fast track to secure refinanced mortgages.

The remaining 600,000 won’t qualify to refinance their existing mortgage, the alliance estimates. Such borrowers’ loan servicers or counselors would determine whether they can afford to pay the higher interest rates once their introductory rates expire. The servicers will assume that those with better credit scores and more equity can afford to pay when their existing loans adjust upward. They would receive no special assistance.
Those who can’t afford the higher payments, and who have credit scores below 660 and less than 3% equity in their homes, will get the biggest break from the lenders. They receive a five-year extension on their introductory interest rates, with the possibility that the grace period will be extended. Such a rate freeze would be available only to people who live in the mortgaged properties.

A middle group, who may or may not struggle with the increased interest rates, will have to negotiate individually with their loan-servicing companies to secure a rate freeze, repayment holiday or other relief. Mortgage-industry officials say they aren’t sure how many subprime borrowers will ultimately see their rates frozen.

Mr. Bush, speaking in front of a White House fireplace mantel festooned with greenery and gold ornaments, sought mainly to calm homeowners. “The holidays are fast approaching, and unfortunately, this will be a time of anxiety for Americans worried about their mortgages and their homes,” he said.

He said the initiative was focused squarely on borrowers, not on investors. “We should not bail out lenders, real-estate speculators or those who made the reckless decision to buy a home they knew they could never afford,” Mr. Bush said. “Yet there are some responsible homeowners who could avoid foreclosure with some assistance.”
Treasury Secretary Paulson addressed some of the criticism about the plan’s scope. “The approach announced today is not a silver bullet,” he told reporters yesterday. “We face a difficult problem for which there is no perfect solution.”

The program will be closely watched in markets around the world, where subprime defaults have triggered steep write-downs and constrictions in credit markets. Many banks and investment funds invested in complex securities backed by subprime mortgages, which promised high returns but are now battered and difficult to value.

The rescue package suggests that most investors prefer to give up some interest revenue rather than carry out expensive foreclosures of thousands of homes. But the plan won’t reduce their losses by much. Analysts at Barclays Capital Research said in a report that the Treasury’s plan could reduce cumulative losses from subprime loans by 0.6 to 1 percentage point, “which is not much relief when losses could reach 13% to 15%.”

Investors who hold mortgages, meanwhile, would still bear the risk of the loans under the plan, said Doug Dachille, chief executive of First Principles Capital Management in New York, which invests in some mortgage-backed securities. Creditors would also bear the pain of forgone income from mortgages that under normal market conditions would have brought higher interest income.

“There ought to be costs to both the borrowers and lenders, but right now you’re just giving a freebie to homeowners,” he says. “They still get to live in their house and benefit from any appreciation in the value of the house over the next few years.”

Milton Ezrati, market strategist with money-management firm Lord Abbett & Co., says the plan could undermine the market for mortgage-backed securities. Investors may say, “if you can interrupt my cash flow today, you can do it tomorrow,” says Mr. Ezrati.

Another question concerns mortgage servicers, the companies that collect payments on behalf of the eventual debt holder: Can they change the terms of mortgages without being sued by the investors who purchased them?

Jordan Schwartz, a structured-finance partner at law firm Cadwalader, Wickersham & Taft LLP, says agreements that govern mortgage securities generally give servicers discretion to modify loans if they consider it to be in the best interest of investors who hold the securities. But any plan that emerges from Washington “won’t have the force of law,” he says.

George P. Miller, executive director of the American Securitization Forum, a trade association of investors, servicers and other securitization players, said servicers won’t receive a guarantee against being sued. But because the plan was created by major industry players, including his group, and was endorsed by the Treasury Department, it offers a substantial shield against lawsuits.

Alan Gulick, a spokesman for Washington Mutual Inc., Seattle, the sixth-largest subprime servicer, according to Inside Mortgage Finance, said the bank is “supportive of the proposal.” Mike Heid, co-president of home mortgages at Wells Fargo & Co., the eighth-largest servicer, said his bank played a key role in developing the plan to help consumers who have managed their mortgages well but are “caught in the current whirlwind of market forces.”

–Ruth Simon, Amir Efrati, Ann Carrns, Damian Paletta and Shefali Anand contributed to this article.r

Monday, December 03, 2007

How to Prevent Homeowner Headaches

How to Prevent Homeowner Headaches

RISMEDIA, Dec. 3, 2007-As the mortgage and real estate industries face unprecedented times, homeowners could very well be left to pay the bills, literally. Mortgage companies are going out of business or declaring bankruptcy every day. When that happens, their assets can be frozen, which means they cannot transfer any funds, including the funds they owe on behalf of homeowners for hazard insurance (and other types of insurance) and real estate taxes.

Most homeowners do not receive confirmation of payment of insurance or real estate property taxes. The assumption among them is that they pay the monthly escrow amount and never need to consider those items. However, recent examples have shown that might not always be the case. There are a few simple steps homeowners can and should take to verify payment of their escrowed items.

The current market circumstances provide real estate professionals an opportunity to contact previous buyers as an advocate with valuable information. A simple phone call explaining the circumstances and proactive steps homeowners should take could seal your customer relationship for years to come.

Below are some specific best practices you can share with your buyers to help them be more knowledgeable homeowners and give them guidance if their mortgage company goes out of business.

Insurance

While the primary purpose of insurance is to protect the interests of the lender, having a lapse in hazard, flood, wind and other types of insurance could have a significant impact on homeowners, especially if they have equity built up in the home. If an insurance payment lapses, carriers will immediately cancel the insurance policy.

Homeowners should proactively monitor their policies. Most insurance companies provide policy information online. If not, the insurance agent should be able to access the information. Either way, it is easiest if homeowners have their policy numbers, but if they do not, insurers have other methods of locating the policy information. Using the Internet or a phone call, in less than five minutes, a homeowner can confirm whether the insurance premium has been paid.

If a homeowner finds out that a premium has not been paid, there are two options. The homeowner can contact the mortgage company directly regarding the payment or can request the insurance agent do it on his/her behalf. It is important to remind your homeowners to keep their policies’ expiration date in mind because once the policy expires, they will have no protection against losses.

If the insurance is not being paid and the mortgage company is not helpful, the individual can also contact the state Insurance Commissioner’s Office or other agencies that govern insurance. Homeowners should contact the office in the state where the property is located, regardless of where the mortgage company is located.

The best advice to give homeowners if the deadline is approaching for the insurance to be paid, and they fear it will not be paid or not paid on time, is that they make the payment, document it and then seek reimbursement from the mortgage company. This prevents the insurance from being cancelled.

In states like Florida and Louisiana that have experienced significant damage from hurricanes in recent years, it has become very difficult to get insurance. If a homeowner’s insurance is cancelled, it will be even more difficult to get a new policy as that person will be moved to a higher risk category due to the lack of payment. This means that if they can get a new policy, they will be paying more for it. This is just one more reason why it is important to remind your homeowners to monitor their insurance payments.

Real Estate Taxes

Real estate taxes are not as critical as insurance from a payment perspective because there is no threat of cancellation; however, if taxes are not paid, the homeowner will be assessed penalty fees as a result of the delinquency. Eventually, a tax certificate can be held against the property, and, as a last resort, the property could be auctioned to cover the delinquent tax bill. While this is a lengthy process, legal fees are incurred throughout each step for which the homeowner could be responsible. This becomes very costly. Plus, the longer the process takes, the more difficult it becomes to unwind.

Most tax authorities provide information online, so a good recommendation to your homeowners is to go online to confirm payment of real estate taxes. However, if the particular taxing authority does not provide this information online, homeowners can contact them via telephone. Suggest that they have their tax folio numbers, parcel numbers and/or legal descriptions available when calling.

Again, if a homeowner fears the taxes are not being paid, it is best to recommend that the individual pay the bill and keep record of the payment to seek reimbursement from the mortgage company. The reimbursement process is a common, well-established process with mortgage companies, and it should be rather painless as long as the homeowner has good documentation.

Principal Balances

It is common practice for mortgage companies to buy and sell loans. A typical 30-year mortgage could be owned by several different companies, and this is even more common today as many mortgage companies go out of business. When a loan is sold, the borrower will receive a letter with the change notification and new information on where to send the payment.

It is critical that the homeowner ensures the principal balance and escrow balance are correct when his/her loan is sold to another mortgage company. Point out to the homeowners that they should have received an amortization schedule with their closing documents. They should compare the outstanding principal balance that the mortgage company has to the principle balance on the amortization schedule to ensure its accuracy.

First-Time Buyers

When you are working with new buyers, it would be beneficial to recommend that they record the following information for their new home:

Tax folio number
Legal description
Homeowners insurance policy number

Also, they should keep copies of all this information. The originals should be kept in a safe spot; the copies should be kept in an easily accessible second location outside the home.

The good news is that due to the seriousness of delinquent payment for taxes and insurance, escrow accounts are governed by state and federal laws. Although very stressful and cumbersome for the homeowner, make your homeowners aware that the government will step in and take over the management of the escrow account if the mortgage company does not.

Acting as an advocate during this time could have lasting benefits for you and your business. This is just one more way for you to maintain contact with your homeowner and establish customer retention strategies for your business.

Sylvia Ponce is senior vice president of operations for Fidelity National Information Services’ Home buyers Financial Network (HFN). With more than 18 years experience in mortgage lending, she is responsible for internal and external management of all loan production operations. HFN enables real estate brokers to own and control their own mortgage companies. HFN manages the set up, staffing and licensing processes and then provides end-to-end mortgage fulfillment services for the in-house mortgage company.