If you have fallen behind in your mortgage payments, and your lender is threatening you with foreclosure, you may qualify for assistance under the Federal Government’s new HOPE for Homeowners Act 2008.
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In essence, the Act is aiming to reduce mortgage payments to a level which is affordable for borrowers, rather than having borrowers lose their homes. The catch is that the lender will have to agree to reduce the size of the mortgage, which means a big loss of capital for the lender.
Many lenders will co-operate with this process, though, because with falling house prices, they may be unlikely to recoup the full value of the mortgage if they repossessed your home and sold it. Writing down the value of the loan may be more profitable for them than foreclosing and trying to sell the house.
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The “HOPE for Homeowners Act of 2008″ creates a new, temporary, voluntary program within FHA to back FHA-insured mortgages to distressed borrowers. The new mortgages offered by FHA-approved lenders will refinance distressed loans at a significant discount for owner-occupants at risk of losing their homes to foreclosure. In exchange, homeowners will share future appreciation with FHA.
What this means is that when you house goes up in value again, after the refinancing, you will only get half the gains, and FHA will get the other half. You can view FHA as your “partner” in your home until you sell it, or refinance.
Of course, if the alternative is losing your home, you will gladly share the future gains in value with FHA, won’t you?
Fighting Foreclosure - 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.
Fighting Foreclosure - 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.
Fighting Foreclosure - Program Size
The program is authorized to insure up to $300 billion in mortgages and is expected to serve approximately 400,000 homeowners.
The program is built on five principles:
1. Long-term affordability. The program is built on the idea, expressed by Federal Reserve Chairman Bernanke, that creating new equity for troubled homeowners is likely to be a more effective way to avoid foreclosures. New loans will be based on a family’s ability to repay the loan, ensuring affordability and sustainable homeownership.
This will be particularly good news for home owners who took out low-start loans, in which the payments were artificially low for the first few years, but the shortfall was added to the balance owing on the mortgage.
Not only are the higher payments compltely out of reach for some borrowers, the increased balances mean that many of these borrowers are now upside down on their mortgages.
2. No investor or lender bailout. Investors and/or lenders will have to take significant losses in order to benefit from the proceeds of the loans refinanced with government insurance. However, these losses would be less than the losses associated with foreclosure.
3. No windfall for borrowers. Borrowers will share their new equity and future appreciation equally with FHA. Borrowers will pay for the FHA insurance.
4. Voluntary participation. This will be a voluntary program. No lenders, servicers, or investors will be compelled to participate.
5. Restore confidence, liquidity, and transparency. Credit markets are fearful and frozen in part because banks and other financial institutions do not know what their subprime mortgages and related securities are worth. The uncertainty is forcing lenders to hoard capital and stop the lending necessary for economic growth. This program will help restore confidence and get markets flowing again.
Program Oversight
The new program will be overseen by a Board made up of the Secretary of HUD, the Secretary of the Treasury, the Chairman of the Federal Reserve Board, and the Chairman of the Federal Deposit Insurance Corporation (FDIC). The Board will have the authority to develop standards within the framework of the legislation.
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.
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.
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.
Qualified Safe Harbor
The legislation provides servicers with an incentive to participate in the program by offering a safe harbor against legal liability.
Program Sunset
The program will begin October 1, 2008 and sunset on September 30, 2011. CBO say the program will net nearly $250 million for taxpayers.
Images: Allan Ferguson, pnwra