The Fed Wants to Help You Stay in Your Home.

So the Obama administration is doing everything in its power to try and save your home. Really? They launched the “Making Home Affordable” or “Home Affordable Modification “initiative today and if you have nothing better to do, you can read the 17 pages of Government speak at:

http://www.treas.gov/press/releases/reports/modification_program_guidelines.pdf

For those of you looking for some of the high-level highlights so you can move on with your day, here they are:

Eligibility Requirements

  • Origination Date of Loan Subject to Modification:
    The mortgage to be modified must have been originated on or before January 1, 2009.
    (Hopefully you got a good rate if you bought in the last two months!)
  • Program Expiration:
    New borrowers will be accepted until December 31, 2012. Program payments will be made for up to five years after the date of entry into a Home Affordable Modification. Monitoring will continue through the life of the program.
    (So Big Brother will be watching your loan too.)
  • Qualification Terms:
    a.) The home must be an owner occupied, single family 1-4 unit property (including condominium, cooperative, and manufactured home affixed to a foundation and treated as real property under state law).
    b.) The home must be a primary residence (verified with tax return, credit report, and other documentation such as a utility bill).
    c.) The home may not be investor-owned.
    d.) The home may not be vacant or condemned.
    e.) Borrowers in bankruptcy are not automatically eliminated from consideration for a modification.
    f.) Borrowers in active litigation regarding the mortgage loan can qualify for a modification without waiving their legal rights.
    g.) First lien loans must have an unpaid principal balance (prior to capitalization of arrearages) equal to or less than:

                           1 Unit: $729,750  

                          2 Units: $934,200

                          3 Units: $1,129,250

                         4 Units: $1,403,400

(These guys obviously don’t live in the Bay Area)

  • In Foreclosure Process:
    Any foreclosure action will be temporarily suspended during the trial period, or while borrowers are considered for alternative foreclosure prevention options. In the event that the Home Affordable Modification or alternative foreclosure prevention options fail, the foreclosure action may be resumed.
  • Current Loan To Value (LTV):

             There is no minimum or maximum LTV ratio for eligibility purposes.

(Isn’t this one of the things that got us into this mess in the first place?)

  • Loan Type Exclusions:
    Loans can only be modified under the Home Affordable Modification program once.
    (You mean the bailouts will not go on forever?)
  • Property Value:
    The servicer may use, at its discretion, either one of the government sponsored enterprises (GSEs) automated valuation model (AVM) – provided that the AVM renders a reliable confidence score – or a broker price opinion (BPO). In all cases, the property valuation may not be more than 60 days old.
    (Does my Zestimate count?)
  • Income and Asset Validation:
    The borrower’s income will be verified by requiring a signed Form 4506-T (Request for Transcript of Tax Return) and obtaining the most recent tax return on file for each borrower on the note. For wage earners, the two most recent pay stubs for each wage earner on the note will also be required. For self-employed borrowers or for non-wage income, the borrower’s income will be verified by obtaining other third party documents that provide reasonably reliable evidence of income. Borrowers must also represent and warrant that they do not have sufficient liquid assets to make their monthly mortgage payments.
  • Adjustment of the rate after 5 years:
  • The modified interest rate must remain in place for five years, after which time the interest rate will be gradually increased 1% (100 basis points) per year or such lesser amount as may be needed until it reaches the Interest Rate Cap.
  • “Pay for Success” Incentives to Servicers:
    Servicers will receive an up-front fee of $1,000 for each eligible modification meeting guidelines established under this initiative. Servicers will also receive “pay for success” fees -as long as the borrower is successful at staying in the program – of $1,000 each year for three years, subject to a de minimis threshold.
  • Responsible Modification Incentives:
    Because loan modifications are more likely to succeed if they are made before a borrower misses a payment, the plan will include an incentive payment of $1,500 to mortgage holders and $500 for servicers for modifications made while a borrower at risk of imminent default is still current on their payments.

There are a ton of other tidbits in the document that will make your brain melt, but these are some of the most pertinent. I truly encourage you to read the complete document if you think you might qualify.

http://www.treas.gov/press/releases/reports/modification_program_guidelines.pdf

The expectation is that up to 9 million borrowers, including up to 5 million who have mortgages held by government controlled mortgage finance giants Fannie Mae and Freddie Mac, should qualify. Just note that borrowers with Fannie and Freddie loans should be eligible to refinance through June 2010 while all other borrowers can qualify through 2012.

  • Very interesting...
  • All good info for the consumer to know.
  • Hi Donne! Glad you could make it. :-)
  • Ann Allen
    Good reading....appreciate the links!
  • There is no minimum or maximum LTV ratio for eligibility purposes.

    (Isn’t this one of the things that got us into this mess in the first place?)

    Here in California (also NV, AZ, FL and now others) our housing prices have decreased 45% to 55%. This bubble was CREATED by Wall Street and the Banks while the Fed fiddled. I have clients that paid $671K for a new home in 2004, full doc with 25% down. The home is now worth $360K (based on current saleS on SAME STREET. They now have an LTV of 145%. They are willing to continue to pay on a mortgage that is about $200K more than their home is worth. All they want is an interest rate reduction of about 2%. Although the wife lost her 10 year management job at AT&T due to economy, husband picked up slack and all payments are current. Until now we were looking an attorney to force a loan mod (their bank told them unless they were late they would not help them-period). They have already lost their own 25% equity (down $168K) and are willing to wait the 10 years or so just to break even.

    What EXACTLY would YOU have them do?

    These people are NOT the exception in these areas but the rule.
  • I hear you loud and clear Marston. It is a different lanscape now. My snarky comment was referring to people who were doing no money down or 103% loans who really had no business being in the house in the first place. Need to realize that there are a lot of good people out there who did all the right things and got sucked up in the market. I'm getting close to being one of those people myself. Thanks for your comment.
  • Tami
    We need help understanding this new modification. We are working with a Financial service that has been helping us modify our loan. We were denied last week because the lender stated we had a lien on our home. Which was false we sent them the documentation showing it was paid in 2006. We have received a trustee sale date of March 23, 2009. Our service stated they had to reapply for this modification. But we are so worried we will not have the time to have ASC (american servicing company) get the ball rolling fast enough. We are need in some help to find out if ASC is going by these new guidelines. They will not give us any information. We are so stressed out about being kicked out of our home. What do I tell my children? if you have any info please let us know.
  • Tami,

    First, go here;

    www.financialstability.gov

    Follow the checklists to see where you fit into the program (if at all).

    Next, while you are working with a servicing company, if you are that close to losing your home, you NEED to contact an Attorney.

    The Obama plan specifically has most lenders holding off on actual foreclosures. After you read all of the material on the above site and are well informed you may want to contact your lender(s) directly and ask their intentions.

    Once armed with this information, an Attorney can advise you what your next step is. A BK 7 or 13 can stop the foreclosure while you get exercise your rights and explore your options.

    Be pro-active and hold your head up. Show your children strength and honesty in the face of adversity. They will "hear" you loud and clear.

    God Bless,

    Marston Myers
  • There's so much to talk about when it comes to the Making Home Affordable program. I'm not fully convinced about it, but a part of me still believes that it somehow can work. It HAS to, since there's so many people ending up homeless right now. Unless someone dishes out another, better option, I don't think people have a choice.
  • Ncy Casco
    Well, today I call my Lender ASC to see what the status of loan modification was. To my surprise they approved the modification since they denied the first modification. I would need to start making payment for the amount of $1,238.92 on May 20th. Well, first my monthly payment was for $1,029.48 I also have a second loan for the amount of $448.00 plus the HOA and other fees. What I want to know where is the “home affordable modification” in my case, and this is not even a home is only a condomainium. Now my monthly payment when up $209.44 and that is not counting my other lender. I’m so discourage which ASC. . . I don’t know what to do? I’m a single mother of one child and no job???? Know how can I request a second review on this modification now that I don’t have a job. . . yes a lawyer could help, but I don’t have the money to pay a lawyer. . . and that is not all they said that this payment is a forbearance for three month in August I will not make a payment until the they really decide what the amount of the loan modification will be. So know what???
  • DG
    I'm one of the people who put no money down, but at the time coming up with an $80,000 down payment would have been impossible for years. Turns out all I need now is $30,000 for a down payment and after not paying on my mortgage for 6 months I already have it and the bank hasn't even filed a notice of default yet. By the time this thing is over and the bank finally forecloses I might be setting on $50,000. When this is over and nearly 10 million families have been foreclosed on it will not look like such a big black mark on your credit.
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