Government Refinance Assistance

John McCain announced a radical idea relating to mortgages in the presidential debate last night. Earlier today his camp provided more details. Here is a useful summary from an article over at US News and World Report:

Here’s how it works:

Step One: Struggling homeowner contacts mortgage broker
To initiate the process, struggling borrowers tell their mortgage broker that they would like to refinance their loan through this initiative. The program would be open to a wide swath of distressed borrowers: You do not have to be in foreclosure or even underwater on your mortgage to participate. Participation is limited to primary residences and homeowners who can prove that they were creditworthy borrowers when they got their original loan.

Step Two: Government buys the distressed mortgage
If the troubled borrower qualifies, the government will buy the mortgage.

Step Three: Government provides a new, federally guaranteed mortgage
After acquiring the distressed mortgage, the government will swap it for a more-affordable, fixed-rate home loan backed by the FHA. Holtz-Eakin said the rates for the new mortgages would be “in the low fives at this point.” That’s significantly less than current 30-year fixed rates. Funding would come from existing initiatives such as the recently enacted $700 billion bailout. By stabilizing the housing market, Holtz-Eakin said, the plan might be able to ease the stress in the credit markets enough to reduce the final tab of the $700 billion bailout.

How many people will it help?
Holtz-Eakin said McCain’s plan “could help literally millions of people.”

Will it work?
Susan Wachter, a professor of real estate at the University of Pennsylvania’s Wharton School, says that while the plan could certainly help struggling borrowers, it may end up costing more than estimated. “Three hundred billion does not sound like it’s nearly enough,” she says. That’s partly because there are so few limitations on who can participate in the program. “The way it reads here, tomorrow we should all be lining up [to participate],” Wachter adds.

Meanwhile, Christopher Thornberg of Beacon Economics doesn’t think the plan will be able to halt the painful decline in home prices. “The problem is not people losing those homes; the problem is people trying to buy those homes can’t afford them,” he says. Despite precipitous declines already, home prices have to fall further before they become affordable to most Americans, Thornberg says. McCain’s plan is predicated on the notion that “if we could just stop home prices from falling, everything will be fine,” Thornberg says. “And my comment to that would be: ‘Yes, and if we could just stop gravity, we could all fly.’ “

Here are the specific eligibility requirements for a H4H loan as released by HUD earlier this week:

Borrower Eligibility

• Borrowers who are current or delinquent on their mortgage at the time of the refinance are eligible for this Program, if they:

- Have not intentionally defaulted on their mortgage or any other debt (Intentionally defaulted means the borrower had available funds that could pay the mortgage and other debts without hardship. Debts subject to a documented bona fide dispute may be excluded.) AND

- Have made a minimum of six (6) full payments during the life of the existing senior mortgage (full payment is defined as what was acceptable to the lender for meeting the monthly payment obligation under the terms and conditions of the mortgage).

• Borrowers must reside in the property securing the loan being refinanced, and may not have an ownership interest in other residential real estate, including second homes and/or rental properties.

• Borrowers cannot have been convicted of fraud under state and Federal laws in the last 10 years.

- Similar to its validation tool for social security numbers, FHA will use an automated tool at the time of case number assignment that will check the borrower’s name against several databases for convictions of fraud and an ownership interest in other residential properties. In the event that the lender receives a warning at case number assignment and believes it is in error, it must provide evidence to the appropriate Homeownership Center documenting that the borrower has not been convicted of fraud or does not have an ownership interest in other residential properties. Once the Homeownership Center evaluates the documentation, it will determine whether to lift the warning.

• Borrowers must certify that they did not knowingly or willfully provide material false information to obtain the existing mortgages being refinanced under the H4H Program.

• As of March 1, 2008, the borrower’s aggregate total monthly mortgage payment debt-to-income ratio (DTI) on all existing mortgages must be greater than 31 percent of the borrower’s gross monthly income. The total monthly mortgage payment is defined as the fully-indexed and fully-amortized Principal, Interest, Taxes and Insurance (PITI) payment (this includes principal and interest, taxes and insurances, homeowners’ association fees, ground rents, special assessments and all subordinate liens).

FHA recognizes that reconstructing the borrower’s prior total monthly mortgage payment DTI as of March 1, 2008 may be difficult, especially as the H4H Program nears its sunset date. To comply with this eligibility requirement, lenders must obtain:

1. From the borrower, evidence that the prior mortgage DTI was more than 31 percent on March 1, 2008, such as pay stubs for March 2008, or a signed and dated copy of the individual 2008 Federal tax return, when available, to determine gross monthly income for that month (earnings divided by 12), or W-2s, financial records, or verification of employment from the borrower’s employer.

Lenders may also rely on the borrower’s signed and dated 2007 Federal tax return if the lender has no reason to believe that the borrower’s income in March 2008 was materially different than the income reported on the 2007 Federal tax return.

• To determine March 2008 income for self-employed borrowers, obtain a copy of the quarterly tax return that contains income stream information for March 2008 or a signed and dated Profit and Loss Statement and balance sheet that contains income stream information for March 2008 or a signed and dated copy of the individual 2008 Federal tax return, when available, (earnings divided by 12).

2. From the servicer of the mortgage, the borrower’s total monthly mortgage payment due for March 2008, including any amounts due on subordinate liens.

• For mortgages without escrow accounts, the lender should obtain tax and insurance information from the borrower. If the borrower does not provide insurance information, then the servicer of the mortgage should estimate the monthly cost of hazard insurance (and flood insurance, if applicable) based on the property’s location and the rates in effect for 2008. If the borrower does not provide real estate tax information, the lender should obtain it from public records.

Mortgage Eligibility

• The mortgage being refinanced must have been originated on or before January 1, 2008;

• Each holder of an existing senior mortgage being refinanced must:

1. Waive all prepayment penalties and late payment fees (including insufficient funds fees) on the mortgage. Prepayment penalties are defined in the Federal Reserve Board’s Regulation Z (Truth in Lending), 12 CFR 226.32(d)(6);

2. Agree to accept the proceeds of the new H4H mortgage as payment in full, and

3. Release their outstanding mortgage liens.

• Each holder of an existing subordinate mortgage must:

1. Waive all prepayment penalties and late payment fees (including insufficient funds fees) on the mortgage. Prepayment penalties are defined in the Federal Reserve Board’s Regulation Z (Truth in Lending), 12 CFR 226.32(d)(6); and

2. Release their outstanding mortgage liens.

• Any type of mortgage is eligible for refinancing under the H4H Program, including conventional (prime, Alt-A, subprime) or government-backed (FHA, VA, or Rural Development), fixed-rate or an adjustable rate mortgage; and

• The mortgage being refinanced may have a variety of payment characteristics, including interest only, payment option, negative amortization and/or any other exotic features.

Property Eligibility

• The property must be the borrower’s primary and only residence in which they have an ownership interest (if there are non-occupant co-borrowers, they will need to quit claim their interest in the property prior to the occupying co-borrowers applying for the H4H Program);

• Only 1 unit properties are eligible, including condominium units, cooperative units and manufactured housing permanently affixed to realty.

Here is the press release that was published today at the HUD web site on the official first day of the Hope For Homeowners loan program:

BUSH ADMINISTRATION LAUNCHES “HOPE FOR HOMEOWNERS” PROGRAM TO HELP MORE STRUGGLING FAMILIES KEEP THEIR HOMES
Detailed Program Eligibility Requirements Announced

WASHINGTON - The Bush Administration today unveiled additional mortgage assistance for homeowners at risk of foreclosure. The HOPE for Homeowners program will refinance mortgages for borrowers who are having difficulty making their payments, but can afford a new loan insured by HUD’s Federal Housing Administration (FHA).

“For families struggling to keep up with their mortgage payments, this program will be another resource to refinance into a loan they can afford,” said HUD Secretary Steve Preston. “FHA remains a safe and affordable alternative to the high-priced mortgage loans that threaten homeowners’ ability to retain their homes. We strongly encourage borrowers to work with their lenders to determine if HOPE for Homeowners is the right program for them.”

The HOPE for Homeowners program was authorized by the Economic and Housing Recovery Act of 2008. Since the President signed this vital legislation into law on July 30, 2008, the HOPE for Homeowners Board of Directors has worked diligently to develop and implement the program as directed by Congress. The Board was charged with establishing underwriting standards to ensure borrowers, after any write-down in principal, have a reasonable ability to repay their new FHA-insured mortgage.

The HOPE for Homeowners program begins today and ends September 30, 2011. The program is available only to owner occupants and will offer 30-year fixed rate mortgages - so the borrower’s last payment will be the same as the first payment. In many cases, to avoid what would be an even costlier foreclosure, banks will have to write down the existing mortgage to 90 percent of the new appraised value of the home.

Borrower Eligibility

Borrowers are encouraged to contact their lender to determine eligibility, but may be eligible if, among other factors:

* The home is their primary residence, and they have no ownership interest in any other residential property, such as second homes.

* Their existing mortgage was originated on or before January 1, 2008, and they have made at least six payments.

* They are not able to pay their existing mortgage without help.

* As of March 2008, their total monthly mortgage payments due were more than 31 percent of their gross monthly income.

* They certify they have not been convicted of fraud in the past 10 years, intentionally defaulted on debts, and did not knowingly or willingly provide material false information to obtain their existing mortgage(s).

How the HOPE for Homeowners program works

“HOPE for Homeowners will add to HUD’s existing efforts to make FHA refinancing available to homeowners who need it most,” said FHA Commissioner Brian D. Montgomery. “One year ago, FHA expanded refinancing into its FHASecure program. Since that time, we have helped more than 360,000 families keep their homes by refinancing with FHA, and we will assist a total of 500,000 families by the end of this year.”

The Board expects that the primary way homeowners will participate in the program is by working with their current lender. HOPE for Homeowners will serve as another loss mitigation tool available to distressed borrowers.

HOPE for Homeowners also includes the following provisions:

* The loan amount may not exceed a maximum of $550,440.

* The new mortgage will be no more than 90 percent of the new appraised value including any financed Upfront Mortgage Insurance Premium.

* The Upfront Mortgage Insurance Premium is 3 percent and the Annual Mortgage Insurance Premium is 1.5 percent.

* The holders of existing mortgage liens must waive all prepayment penalties and late payment fees.

* The existing first mortgage must accept the proceeds of the HOPE for Homeowners loan as full settlement of all outstanding indebtedness.

* Existing subordinate lenders must release their outstanding mortgage liens.

* Standard FHA policy regarding closing costs applies, and they may be:
o Financed into the new loan provided the value of the mortgage (including the Upfront Mortgage Insurance Premium) does not exceed 90 percent of the new appraised value of the home.
o Paid from the borrowers’ own assets.
o Paid by the servicing lender or third party (e.g., federal, state, or local program).
o Paid by the originating lender through premium pricing.

* The borrower must agree to share with FHA both the equity created at the beginning of this new mortgage and any future appreciation in the value of the home.

* The borrower cannot take out a second mortgage for the first five years of the loan, except under certain circumstances for emergency repairs.

The lender will disclose to the homeowner the benefits of the program including home retention, a new affordable mortgage based on the current appraised value, and 10 percent equity. The lender will also explain the prohibition against new junior liens against the property unless directly related to property maintenance, and a minimum of 50 percent equity and appreciation sharing with the Federal government.

The costs to the homeowner include the upfront and annual insurance premiums, as well as a share of the equity created by the write-down associated with the HOPE for Homeowners mortgage and any future appreciation in the value of the home. At settlement, subordinate lien holders will receive a certificate that evidences their interest as an obligation backed by HUD, with payment conditional on the value of HUD’s appreciation share.

If the home is sold or refinanced, the homeowner will share the equity with FHA on a sliding scale ranging from a 100 percent FHA share after the first year to a minimum of 50 percent after five years. The lien holder that previously held the highest priority will receive payment up to a proportion of its original interest, not to exceed the amount of available appreciation. This type of delayed payoff will take place until all prior lien holders are satisfied or the amount of available appreciation is exhausted. All remaining appreciation is remitted to FHA.

The HOPE for Homeowners Board of Directors includes HUD Secretary Steve Preston, Treasury Secretary Henry Paulson, Federal Reserve Board Chairman Ben Bernanke, and FDIC Chairman Sheila Bair. They have named the following people to serve on the board as their designees: FHA Commissioner and Chairman of the Board Brian Montgomery, Federal Reserve Board Governor Elizabeth Duke, Treasury Assistant Secretary for Economic Policy Phillip Swagel, and Federal Deposit Insurance Corporation Director Tom Curry.

The Democrats succeeded in getting some items in the new big bailout bill designed to help struggling homeowners. Here is a paragraph from the summary page of the proposed bill:

II. Homeownership Preservation

EESA requires the Treasury to modify troubled loans – many the result of predatory lending practices – wherever possible to help American families keep their homes. It also directs other federal agencies to modify loans that they own or control. Finally, it improves the HOPE for Homeowners program by expanding eligibility and increasing the tools available to the Department of Housing and Urban Development to help more families keep their homes.

That sounds like good news. The government is about to buy a lot of mortgages so they ought to have some say about who gets to participate in the new HOPE loans right? Here are some more details from the section by section summary page. These are the section headers of most interest here:

Section 109. Foreclosure Mitigation Efforts.
For mortgages and mortgage-backed securities acquired through TARP, the Secretary must implement a plan to mitigate foreclosures and to encourage servicers of mortgages to modify loans through Hope for Homeowners and other programs. Allows the Secretary to use loan guarantees and credit enhancement to avoid foreclosures. Requires the Secretary to coordinate with other federal entities that hold troubled assets in order to identify opportunities to modify loans, considering net present value to the taxpayer.

Section 110. Assistance to Homeowners.
Requires federal entities that hold mortgages and mortgage-backed securities, including the Federal Housing Finance Agency, the FDIC, and the Federal Reserve to develop plans to minimize foreclosures. Requires federal entities to work with servicers to encourage loan modifications, considering net present value to the taxpayer.

Section 124. Hope for Homeowners Amendments.
Strengthens the Hope for Homeowners program to increase eligibility and improve the tools available to prevent foreclosures.

Finally, here is a link to the actual 110 page bill. And here are some relevant quotes from the document that could become law as soon as this Wednesday.

SEC. 109. FORECLOSURE MITIGATION EFFORTS.
2 (a) RESIDENTIAL MORTGAGE LOAN SERVICING
3 STANDARDS.—To the extent that the Secretary acquires
4 mortgages, mortgage backed securities, and other assets
5 secured by residential real estate, including multifamily
6 housing, the Secretary shall implement a plan that seeks
7 to maximize assistance for homeowners and use the au8
thority of the Secretary to encourage the servicers of the
9 underlying mortgages, considering net present value to the
10 taxpayer, to take advantage of the HOPE for Home11
owners Program under section 257 of the National Hous12
ing Act or other available programs to minimize fore13
closures.

SEC. 110. ASSISTANCE TO HOMEOWNERS.
(1) IN GENERAL.—To the extent that the Fed2
eral property manager holds, owns, or controls mort3
gages, mortgage backed securities, and other assets
4 secured by residential real estate, including multi5
family housing, the Federal property manager shall
6 implement a plan that seeks to maximize assistance
7 for homeowners and use its authority to encourage
8 the servicers of the underlying mortgages, and con9
sidering net present value to the taxpayer, to take
10 advantage of the HOPE for Homeowners Program
11 under section 257 of the National Housing Act or
12 other available programs to minimize foreclosures.

This last one is a little hard understand but the upshot is that the new act is loosening the standards for the Hope For Homeowners loans (aka HOPE loans, aka FHA short refinances). Here is the entire section:

9 SEC. 124. HOPE FOR HOMEOWNERS AMENDMENTS.
10 Section 257 of the National Housing Act (12 U.S.C.
11 1715z-23) is amended—
12 (1) in subsection (e)—
13 (A) in paragraph (1)(B), by inserting before
14 ‘‘a ratio’’ the following: ‘‘, or thereafter is
15 likely to have, due to the terms of the mortgage
16 being reset,’’;
17 (B) in paragraph (2)(B), by inserting before
18 the period at the end ‘‘(or such higher percentage
19 as the Board determines, in the discretion
20 of the Board)’’;
21 (C) in paragraph (4)(A)—
22 (i) in the first sentence, by inserting
23 after ‘‘insured loan’’ the following: ‘‘and
24 any payments made under this paragraph,’’; and

1 (ii) by adding at the end the following:
2 ‘‘Such actions may include making
3 payments, which shall be accepted as payment
4 in full of all indebtedness under the
5 eligible mortgage, to any holder of an existing
6 subordinate mortgage, in lieu of any
7 future appreciation payments authorized
8 under subparagraph (B).’’; and
9 (2) in subsection (w), by inserting after ‘‘administrative
10 costs’’ the following: ‘‘and payments
11 pursuant to subsection (e)(4)(A)’’.

See these changes in the context of the existing law here.

It looks like an agreement has been reached on the massive financial bailout and there are reportedly stipulations in the bill that are designed to help struggling homeowners. Details are not yet released but we get this from the recent AP article on the topic:

To help struggling homeowners, the plan would require the government to try renegotiating the bad mortgages it acquires with the aim of lowering borrowers’ monthly payments so they can keep their homes.

But Democrats surrendered other cherished goals: letting judges rewrite bankrupt homeowners’ mortgages and steering any profits gained toward an affordable housing fund.

See this this Op-Ed over at the New York Times. The writer has what seems to be a pretty good idea. He says the government could help out most by reducing interest rates and making it easier for people to buy homes or refinance mortgages. That would in turn slow the massive slide in housing prices. Here is a quote:

The government is in a great position to cut rates by about a point: Through Fannie Mae, Freddie Mac and the Federal Housing Administration, it now controls nearly 90 percent of all mortgage originations. These lower rates would apply to most home buyers who take out a loan under $729,750 for a house that they will live in.

Along with lower rates, the government should provide temporary down-payment assistance for buyers. The government could, for example, match the amount of money that buyers use for a down payment, up to $15,000. Because the government now controls the bulk of all mortgage financing, this money could be provided directly at closing. Homeowners who refinance their current mortgages could also receive assistance, allowing them to avoid foreclosure.

Programs like these would draw buyers into the housing market and reduce the backlog of unsold and vacant homes. Investors and speculators would be ineligible and would face the full cost of their mistakes.

By stabilizing house prices, these programs would benefit the bulk of Americans, who own a home but did not get involved in the subprime mortgage market. Price stability would more directly achieve the goals of the Wall Street bailout: increase the value of mortgage-backed securities (by increasing the value of the underlying houses) while injecting government capital into the financial system.

There was a good article over at Inman.com the other day that discussed the direct effects the planned massive Wall Street and financial bailout might have on Main Street. Here are some good quotes from the article:

Once taxpayers are in charge of these assets, will troubled borrowers be more likely to get loan modifications or workouts to keep them in their homes? If the government becomes the owner of hundreds of thousands of foreclosed homes, will it sell them quickly at fire-sale prices to investors, or more gradually over time to earn a better return?

While there is general agreement that the government must take action to keep the financial system functioning, the question then becomes: What happens next?

“You save the banking system, now what are you going to do with all this distressed property?” said Dennis Hedlund, president and founder of the mortgage market forecasting firm iEmergent.

As detailed by Paulson, the plan envisions that the mortgage-related assets Treasury buys would be managed by private managers “to meet program objectives.”

If the government creates aggressive objectives to keep people in their homes — by forgiving some of the principal on their loans, for instance — “that could very quickly solve a lot of problems” in housing markets where prices continue to fall, Hedlund said. But that approach would mean larger losses up front, and perhaps a bigger bill for taxpayers in the long run.

“If the government does more modest workouts and hopes home values sort of correct themselves, there’s a danger home prices would continue to fall, and this could really stretch out,” Hedlund said. “It’s really a question of how fast do you want to get it over with? The faster you want to get it over with, the more the government will foot the bill, so there will be political pressure not to do that.”

We also get this:

In an e-mail to clients, K&L Gates attorney Larry Platt noted that Treasury has not spelled out any requirement to seek to preserve home ownership or otherwise deal with foreclosures and loss mitigation, “which is one of the biggest criticisms leveled at the plan by the Democrats. That doesn’t mean that Treasury will not implement an ambitious loan modification program; it just means that (as proposed Saturday) Treasury does not have to do so.”

…

Democrats will also push for looser criteria for the Federal Housing Administration’s HOPE for Homeowners loan guarantee program, which was authorized at $300 billion in HR 3221.

While we are waiting to learn more details from the government and from the banks about HOPE loans (aka FHA short refis), it is worth pointing out that one type of loan can currently be refinanced even when the homeowner is upside down, or in other words, even when the homeowner owes more on the home than the current value. This applies if your current loan is an FHA loan.

The program is called FHA Streamlining and here are the requirements for upside down homeowners or any other current FHA loan holder:

- You must have remained on time with your mortgage payments
- The new loan must be at a lower rate than the old loan
- You cannot take any cash out

See here at the HUD site for more info on FHA Streamlines. The beauty of an FHA to FHA Streamline loan is that there is no credit score requirement and no requirement for an appraisal. That is what makes refinancing possible even when home values in any given area have dropped dramatically.

If you owe more than your home is worth and you have an FHA loan currently contact us today and we’ll see about improving your loan terms.

No one knows for sure what this means but reports this morning are that the Bush administration agreed to the demands of the Democrats that the massive $700 billion bailout will include provisions to help homeowners prevent foreclosure (somehow…). Here is an excerpt from the AP article:

WASHINGTON - A key Democrat negotiating a $700 billion financial bailout says the Bush administration has agreed to include mortgage aid and strong congressional oversight in the plan.

Rep. Barney Frank, the Financial Services Committee chairman, says a great deal of progress has been made in talks between lawmakers and President Bush’s team on the rescue.

A government official with knowledge of the talks also said the administration has agreed to create a plan to help prevent foreclosures on mortgages it acquires as part of the bailout.

The federal government saw the writing on this week and decided that if it does not step in to help the financial sector in the US the entire economy could come to a grinding halt and plunge the US into a depression. The solution proposed centers around the government buying up something like $700 billion worth of undesirable bundled securities made up of all kinds of mortgages that may or may not ever get paid. The basic idea is that if the banks can be relieved of this burden the whole financial system will start working again. That means loans will become easier to get again which will lead to more home buyers again which will prop up housing prices again, etc. Most experts agree that dramatic action like this is needed. The idea seems to be that the dangers associated with the US falling into an economic depression more than offset the risks of this sort of bailout.

Both the Republicans and Democrats are on board with the general idea, but the Democrats are working hard to be sure the richer don’t get richer as a result of this action. Here are a few interesting quotes from a recent Bloomberg article:

U.S. Democratic lawmakers said they would act quickly on a $700 billion rescue plan for financial companies, while demanding that the legislation limit compensation for executives of companies that will benefit. …

“I know of nobody who is arguing over the amount of money or even about that the secretary ought to have the authority to purchase these toxic instruments, these bad debts,” said Senator Christopher Dodd, the Democratic chairman of the Banking Committee.

Still, Democrats said they would seek changes, including limiting executive compensation and offering new help to homeowners struggling to avoid foreclosure. …

“This is not a position where I like to see the taxpayer, but it is far better than the alternative,” Paulson said on NBC’s “Meet the Press.” …

Frank said it would be a “grave mistake” not to include a executive pay provision, while Paulson called such a measure “punitive.” …

As has been the norm with these recent volatile events, there are numerous details that have yet to emerge with all of this. It is possible that the new situation will help more upside down homeowners refinance into FHA short refi loans than before. Whatever the case, things are looking brighter for homeowners in trouble than they looked just a week ago. We’ll keep you posted on new developments.

There was an excellent article over at HousingWire.com on the recent congressional hearing with lenders about the Hope For Homeowners program that is set to launch in less than two weeks. While lenders are not jumping for joy over the prospect of writing off millions of dollars of debts indications are that they will use the program when it is the best remaining option. But they are still waiting on the FHA to release more details and guidelines before they can set their policies. Here is a quote from HUD commissioner Brian Montgomery in the article:

Part of servicers’ hesitance to provide details may be due to a lack of details surrounding the program specifics; it’s tough to say who will qualify when you don’t know what the standards will be. HUD commissioner Brian Montgomery, however, assured Congress that everything would be in place in time.

“First and foremost, we want to assure you that we are firmly committed to having the program up and running by October 1, 2008, and believe this goal is achievable,” Montgomery said to open his testimony on Wednesday.

The good news is that part of the delay seems to be that HUD is trying to figure out a way to get 2nd mortgages in on the act so they will not block the program entirely. Right now most 2nd mortgages stand to lose everything with a HOPE loan so they have no incentive to allow for the refinance.

HUD’s Montgomery also alluded to perhaps the program’s largest sticking point: second liens. “One of the greatest challenges to successful loan modifications is obtaining the consent of all existing lien holders, including the holders of junior mortgages,” he said. He suggested HUD was close to proposing rules under the HFH program that would have second lien holders share in the government’s interest in the property.

There are clearly some hurdles to overcome there but with any luck the folks at HUD will concoct a win-win program.

Not surprisingly, Montgomery also noted that the HOPE loans will have a higher interest rates than traditional FHA loans.

A very interesting article over at CNNmoney.com suggested that many lenders are not enthused about the new HOPE loan/FHA short refi program at all. This is in line with our predictions that HOPE loans will be seen as the very last option by banks when all other options look worse. Here are some quotes:

As part of the massive housing rescue bill passed by Congress in July, troubled borrowers will be able to refinance their home loans with the backing of the Federal Housing Authority (FHA) starting on October 1.

But at a congressional hearing today in Washington, lenders didn’t seem terribly enthusiastic about the program, dubbed Hope for Homeowners.

…

One lender’s representative, Marguerite Sheehan, Senior Vice President for JPMorganChase (JPM, Fortune 500) Home Lending, testified about the drawbacks of Hope for Homeowners.

“Under the Program, [investors in the loans] will take a loss when the principal balance is written down,” she testified, adding that they won’t have a chance to make up that loss if home prices recover. Sheehan added that Chase can make borrowers’ monthly payments affordable simply by reducing their interest rates, rather than loan principle.

She added that JPMorganChase will use the program when it is deemed to be the best option for investors and borrowers, but that investors would prefer to use alternative loan workouts that give banks and investors the chance to share in any future home price appreciation. That’s similar to the program recently announced by the FDIC for IndyMac Bank.

…

When asked whether the program would be considered a last resort by lenders, all the members of the panel, including Gross, agreed that it would be.

The good news might be that more and more banks will be looking to modify existing loans in efforts to avoid foreclosure in the next year. The value to a loan modification is that a bank still gets to collect the whole loan amount eventually rather than write down the loan by tens or hundreds of thousands of dollars.

So in the end it looks like the FHA short refi is just as we predicted — a last ditch escape hatch where banks lose less money than they would if they foreclosed and consumers get to stay at home. It is certainly better to have such an eject seat available than not, even if it won’t work for everyone.

As the fallout from the US mortgage crunch gets worse and worse (see the news today with Wall Street behemoth Lehman Brothers going under and Merrill-Lynch agreeing to fold into Bank of America) there is no question that the banking disaster is far from over. The Federal government has reached its limit when it comes to bailing banks out so expect more and more banks to fail.

What effect this will have on the mortgage industry is still unclear but the banking world will never be the same after 2008. More and more people are wisely looking into FHA-backed mortgages and that trend will likely continue until things turn around enough for irrational exuberance to take hold again. If you find yourself in a adjustable rate mortgage (ARM) and are feeling a bit nervous about it contact us about getting refinanced into a fixed rate loan. Rates are back down here is September of ‘08 so the timing is looking very good right now.

While the overall impact of the Fed stepping in to take over Fannie Mae and Freddie Mac is still to be determined, the short term impact has been that interest rates have dropped pretty significantly this week. FHA loans that used to be in the high 6’s are now in the low 6’s. People with great credit and equity can even get loan in the 5’s this week.

For most of the summer rates were hovering between 6.5% and 7% so this drop in rates is a welcome change and it is spurred by the Fed action this weekend

The results from the second quarter came in on Friday from the Mortgage Bankers Association and they were sobering. Nearly 1 in 10 mortgages were 30 days or more late. It was news like this that prompted the federal government to take of Fannie Mae and Freddie Mac over the weekend. As drastic as that measure might seem, the Fed apparently saw the writing on the wall. This title wave of defaulting mortgages is far too big for Fannie and Freddie to handle on their own. Here is a link to a recent WSJ article on the MBA report and a few quotes:

The rate of U.S. home mortgages overdue or in foreclosure rose again in the second quarter as housing markets weakened, particularly in California and Florida, and more borrowers defaulted on so-called prime loans.

Among mortgages on one- to four-family homes, 9.16% were at least a month overdue or in the foreclosure process in the second quarter, according to the latest survey by the Mortgage Bankers Association, a trade group. That is up from 6.52% a year earlier and is the highest level since the MBA began such surveys 39 years ago.

…

For prime loans, 5.35% of loans were past due or in foreclosure in the latest quarter. For subprime, the rate was about 30%.

In the latest quarter, 2.75% of all loans were in the foreclosure process, up from 1.40% a year earlier.

California and Florida account for about one in five mortgage loans outstanding, but 39% of loans that went into the foreclosure process in the quarter were in those two states.

…

Among loans insured by the Federal Housing Administration, 14.87% were overdue or in foreclosure, up from 14.73% a year earlier. The portion of FHA loans going bad is likely to increase in the quarters ahead because of a surge in new loans insured by the federal agency.

The share of new mortgages insured by the FHA leaped to 23% in July from a low of 1.8% in 2006, according to Inside Mortgage Finance, a trade publication. Guy Cecala, publisher of Inside Mortgage Finance, said the FHA’s share might reach 30% by year end.

Wow. This is a big deal. Who knows what the long term fallout will be in the mortgage business. But this is a big deal. Here is a link to the recent AP article on the subject and a few quotes:

The government is expected to take over Fannie Mae and Freddie Mac as soon as this weekend in a monumental move designed to protect the mortgage market from the failure of the two companies, which together hold or guarantee half of the nation’s mortgage debt, a person briefed on the matter said Friday night.

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The news also followed a report Friday by the Mortgage Bankers Association that more than 4 million American homeowners with a mortgage, a record 9 percent, were either behind on their payments or in foreclosure at the end of June.

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Fannie Mae was created by the government in 1938, and was turned into a shareholder-owned company 30 years later. Freddie Mac was established in 1970 to provide competition for Fannie.

A government takeover could cost taxpayers up to $25 billion, according to the Congressional Budget Office.

But the epic decision highlights the size of the threats facing the housing market and the economy. On Friday, Nevada regulators shut down Silver State Bank, the 11th failure this year of a federally insured bank. And earlier this year, the government orchestrated the takeover of investment bank Bear Stearns by JP Morgan Chase.

A HUD spokesman recently spoke and warned Americans not to expect a housing rebound any time soon. Here are some quotes from a recent Reuters article on the subject:

A recovery in the U.S. housing market from the worst slump since the Depression is unlikely until “well into 2009,” Housing and Urban Development Secretary Steve Preston said today.

“I think we’re right in the middle of it, and I think we have a ways to go before we start seeing a turnaround,” Preston said today in an interview at the agency’s Washington headquarters. “We’ll be well into 2009 before we see some real energy in this market.”

There was an interesting article over at Forbes recently looking back at the utter failure of the FHAsecure program the Bush administration proudly unveiled around this time last year. We have posted on this failure here and here in the past .

At the time the FHAsecure plan was hailed as a way to help struggling homeowners avoid foreclosure by loosening the standards on getting into FHA loans. The problems with the program were manifold. First, the restrictions were very tight so only a small percentage of hopefuls could apply. For instance, a candidate had to already be 30+ days late on their mortgage to apply but the had to prove that they were late because an ARM reset and not because of other factors. Then the candidate had to find a bank willing to participate and most banks ended shrugging their shoulders and said “nah, no thanks” to the voluntary program. As a result only about 1% of the FHA loans over the last year had anything to do with the FHAsecure program at all.

Yet in recent press release from the White House we got this ugly bit of deception (as quoted from the Forbes article):

In a press release Friday, U.S. Housing and Urban Development Secretary Steve Preston bragged that his agency had helped more than 325,000 American families refinance into affordable mortgages since the housing crisis began.

“One year ago, the Bush Administration proactively provided an affordable safety net to homeowners who wanted to stay in their homes,” said Preston. “Today, with the expansion firmly in place, hundreds of thousands of families are in a better place thanks to FHA [Federal Housing Administration].”

Specifically, Preston cited the success of the FHASecure program intended to help borrowers who missed mortgage payments.

Will the “hope for homeowners” program be any better? It is actually law and was passed via some bi-partisan effort so there is that going for it. But we still have no word from banks on their policies concerning FHA short refinances. They have until October 1st before the program kicks in so with any luck we will see some positive developments on that front in the next 30 days.

There was an interesting AP article published recently with quick comparisons between McCain and Obama on all sorts of issues. Here is the bit on housing:

McCain: Open to helping homeowners facing foreclosure if they are “legitimate borrowers” and not speculators.

Obama: Tax credit covering 10 percent of annual mortgage-interest payments for “struggling homeowners,” scoring system for consumers to compare mortgages, a fund for mortgage-fraud victims, new penalties for mortgage fraud, aid to state and local governments stung by housing crisis, in $20 billion plan geared to “responsible homeowners.”

Not much meat there but perhaps of some interest to our readers nevertheless.

Unpleasant news just came down for FHA borrowers. For a long time the up front FHA mortgage insurance premium had been 1.5%. That meant that for anyone getting an FHA loan they had to pay 1.5% of the loan amount up front in order to offset the risk the FHA was taking to essentially co-sign on the loan. But as foreclosures rose over the last year the FHA found its reserves dwindling quickly. So in recent months the FHA launched a “risk-based” upfront mortgage insurance premium. Under that program borrowers with lower credit scores paid more of a premium up front.

The new housing legislation did away with the risk-based insurance premium plan and mandated that FHA charge the same premium to all borrowers. So in response the FHA recently announced that all FHA loans will now require a 1.75% up front insurance premium payment. See a Reuters article on that here.

How does this play out? Well on a $200,000 loan borrowers with decent credit used to have to pay a 1.5% insurance premium up front, or $3000. With the new standards that same borrower will have to pay 1.75% up front, or $3500. This premium is normally rolled into the new loan amount rather than paid out of pocket by consumers but that extra $500 is still extra debt. While this move probably helps the FHA stay solvent it is still painful for borrowers.

So far we have not seen any announcements from any banks on how they plan to handle the new FHA guideline that allows FHA to help people who owe more than their house is worth (aka are “upside down) and on the verge of foreclosure refinance into a new loans. The HOPE loan portion of the new financing law allows FHA to back loans for for people in that situation for up to 90% of the appraised value of the home. There is some real skepticism in the industry about the program because it is voluntary of the part of banks but only time will tell on this one.

We will update you as soon as banks start announcing their policies on the issue. The new law goes into effect on October 1, 2008 but there is no telling when banks will be ready to do anything about it.

For the last several years homebuyers have been able to take advantage of a loophole in the FHA rules that allowed them to buy a house with no money down. One of the the results of the new housing legislation that just passed is that loophole is closing. Homebuyers will now need to bring at least a 3% down payment when purchasing a house with an FHA loan.

But there is good news for homebuyers in the new legislation too. Homebuyers can now receive up to a $7500 tax rebate. The qualifications for that program are:

1. The buyer cannot have owned a home in the last three years
2. The income of the buyer cannot exceed $75000 per year if single or $150,000 if filing jointly
3. It applies to homes purchased after April 9th of 2008 and sometime before July 1st of 2009
4. Must be a primary residence
5. The rebate is 10% of the purchase price of the home with a $7500 cap

So basically if you qualify and purchase a home this year you can expect up to an extra $7500 showing up in your tax rebate check.

Before you get too excited please note that this rebate is really just a tax free and interest free loan. The principle must be paid back to the IRS over the course of 15 years. Nevertheless, tax free and interest free money is good stuff. If you would like more information about this program please contact us. We help buyers get into government backed loans.

The economic stimulus package increased the FHA loan limits in most part of the country. In the most expensive areas of the country FHA loans can be up to $729,000 in 2008. But those limits expire at the end of 2008. The new maximum limits (as a result of the newly passed housing legislation) will range from $271,000 in lower cost areas to a maximum of $625,000. The limit is calculated by multiplying the median housing price in a county by 115%. (The conventional loan limits with Fannie Mae and Freddie Mac have the same upper limit but have a $417,000 low end no matter what the median housing price is in a county.)

See here to search current FHA loan limits by county.

There was an interesting article over in the Financial Times recently highlighting the issues homeowners with 2nd mortgages may face as they try to get a FHA short refi after October 1st. The HOPE loan program requires that any 2nd mortgage be resolved before one can refinance into a new FHA loan so 2nd mortgage holders have the power to scuttle attempts to refi. Here are some quotes:

“The second-lien holders have the potential to hold the process hostage because they ask, ‘What’s in it for me?’” said Michael Stevens, senior vice-president with the Conference of State Bank Supervisors.

“What’s the incentive for the second-lien holder to say, ‘I’m going to give up my security interest in the mortgage to keep the borrower in the home when I get nothing’?”

The problem could become widespread for borrowers seeking to refinance. Credit Suisse estimates that half of subprime homebuyers in 2006 took out a second mortgage for their purchases – and many other types of mortgage also have a second lien on the property. The second mortgage market is estimated at $1,000bn, SMR Research says.

Keith Johnson, president of Clayton Holdings, which collects mortgage payments, suggested government action might be needed to speed the renegotiating process. “You need a simple, easy, broad-based solution that I don’t know if anyone has really come up with yet,” he said. “You may need regulatory action.”

Traditionally, homeowners took second mortgages to refinance high-interest credit-card debt or pay for renovations. In recent years, homebuyers also have taken out second mortgages to finance downpayments. About 30 per cent of the second-lien market consists of such “piggy-back” mortgages, SMR Research says.

Nobody yet seems to know exactly what it will take to get banks to agree to the new short refi/ HOPE loan program. We know the following for sure:

Eligible Borrowers. Only owner-occupants who are unable to afford their mortgage payments are eligible for the program. No investors or investor properties will qualify. Homeowners must certify, under penalty of law, that they have not intentionally defaulted on their loan to qualify for the program and must have a mortgage debt to income ratio greater than 31 percent as of March 1, 2008. Lenders must document and verify borrowers’ income with the IRS.

In other words this program only works on primary residences of borrowers. Also the current loan (including taxes and insurance) must have been more than 31% of your gross income as of 3/1/08. We also know for sure that the program does not officially begin until October 1, 2008.

New Loan Amount. The size of the new FHA-insured loan will be lesser of the amount the borrower can afford to repay, as determined by the current affordability requirements of FHA; or, 90% of the current value of the home. Loans must be 30-year, fixed rate loans.

While the old loan payment had to be more than 31% of your gross income, the new loan payment (with the loan amount at 90% of current appraised value) probably will need to be at or below 31% of gross income. That means that if you aren’t upside down (or have not had a significant income loss since March of ‘08) this program may not work for you. You have to show you could not afford the old loan but you can afford the new one.

Equity & Appreciation Sharing. In order to avoid a windfall to the borrower created by the new 90% loan-to-value FHA-insured mortgage, the borrower must share the newly-created equity and future appreciation equally with FHA. This obligation will continue until the borrower sells the home or refinances the FHA-insured mortgage. Moreover, the homeowner’s access to the newly created equity will be phased-in over 5 years.

If you get a HOPE loan and sell your place within 5 years you must share profits with the FHA. After 5 years it is all yours.

Eligible Mortgages. In order to protect against adverse selection, the program prohibits the Secretary from paying an insurance claim whenever the representations and warranties required to be made by lenders are violated, or in cases in which a borrower has an early payment default and misses the first payment. The Act provides the Board the authority to establish other protections against adverse selection, such as requiring “seasoning” for certain higher risk loans before they can be insured under the program. Appraisers of property insured by FHA must be certified by the state where the property is located, or by a nationally recognized professional appraisal organization, and have “demonstrated verifiable education” in FHA appraisal requirements.

The FHA gets to reject insurance claims from banks if they don’t follow the rules. That means banks will likely be strictly following the rules.

Existing Subordinate Liens. Before participating in this program, all subordinate liens must be extinguished. This will have to be done through negotiation with the first lien holder.

Before you can get the new loan you need to convince all current mortgage holders to go for it. That will be tougher if you have two loans because the 2nd mortgage holder doesn’t have much incentive to agree. Normally with short sales you agree to pay a couple of thousand to the 2nd mortgage holder so they get something instead of nothing. Having two mortgages to pay off makes things trickier.

Credit requirements

Most banks currently have a minimum credit score requirement (though the FHA itself does not). Banks will need to ignore that requirement to allow people to get a HOPE loan. It remains to be seen how they will do that.

Making banks say “Uncle”

As we have said before, it seems likely that banks will view these loans the same way they view short sales on homes. That is, they won’t like them but they will say yes on occasion if they feel it will cost them less than actually foreclosing. The problem is that you will probably need to be on the cusp of being foreclosed and evicted before banks will finally relent so the HOPE loan program really is a last ditch effort to keep people from being evicted. It remains to be seen how many people it will keep in homes. But since it is designed to help about 400,000 people and there may be 4,000,000 foreclosures in the next couple of years we may be looking at a 10% chance for most people who are facing foreclosure.