2nd UPDATE: FHA Eyes Regulatory Changes To Aid Homeowners
February 24 2009 - 5:48PM
Dow Jones News
The Obama administration is working on regulatory changes to
allow the Federal Housing Administration to assist homeowners faced
with "more than just temporary" losses in income, a senior U.S.
housing official testified Tuesday to a U.S. House panel.
The Department of Housing and Urban Development is also
requesting authority to allow the FHA to buy down balances of
troubled mortgage loans, HUD Director for Single Family Asset
Management Vance T. Morris told the panel.
The remarks reveal fresh details of the administration's
strategy to assist homeowners at risk of foreclosure. President
Barack Obama last week unveiled a sweeping plan to spur loan
modifications for certain borrowers and to make it easier for
borrowers who have seen their home values plummet to take advantage
of current low mortgage rates.
But so far, officials have indicated the modification program
would focus on borrowers who have seen their mortgage payments
balloon due to adjustable-rate mortgages. They haven't announced
steps to help borrowers who can't afford their payments because
they may have lost their jobs, a growing problem due to the
economic downturn.
The housing plan targets "working homeowners making a good-faith
effort to stay current on their mortgage payments," according to a
fact sheet released by the administration. More plan details are
scheduled for release on March 4.
Morris testified Tuesday before the Financial Services
Committee's housing subcommittee, the latest in a string of
hearings in recent months on mortgage servicers' efforts to help
troubled borrowers.
In addition, officials from the Office of the Comptroller of the
Currency, the Office of Thrift Supervision and the Federal Housing
Finance Agency testified. Industry executives representing
Citigroup Inc. (C), Bank of America Corp. (BAC), Ocwen Financial
Corp. (OCN), Wells Fargo & Co. (WFC) and JPMorgan Chase &
Co. (JPM) comprised a second slate of witnesses.
The company executives touted their efforts to modify loans, but
the government officials noted that such actions haven't kept pace
with steadily climbing delinquencies and foreclosure actions.
JPMorgan Chase has prevented 330,000 foreclosures through loan
modifications and expects to avert 650,000 foreclosures by the end
of 2010, according to Molly Sheehan, an official in the bank's
home-lending division.
Sheehan said the bank would soon announce new measures to
prevent foreclosures, including an automatic five-year rate freeze
for certain homeowners with subprime adjustable-rate mortgages
scheduled to reset for the first time. The bank will also offer
pre-approved modifications for certain borrowers with loans backed
by Fannie Mae (FNM) or Freddie Mac (FRE) who meet the criteria of
the mortgage giants' Streamlined Modification Program.
Bank of America completed 230,000 loan modifications in 2008,
nearly double the number in 2007, the bank's managing director of
loan administration loss mitigation, Michael Gross, said. Bank of
America, which purchased subprime lender Countrywide Financial last
year, announced a joint effort with several state attorneys general
last fall to provide loan modifications for Countrywide
borrowers.
Gross said Bank of America estimates that 25% to 40% of its loan
modifications have re-defaulted. In his testimony, FHFA chief
economist Patrick J. Lawler said re-default rates of individually
modified loans have historically ranged around 25% to 30%, far
lower than the more-than-50%-rate cited by the OCC. However, he
noted that a lack of common definitions makes it difficult to
compare re-default rates.
Lawler said the administration plan to allow homeowners who owe
more than 80% of the value of their homes to refinance more easily
wouldn't increase the risk to Fannie and Freddie.
The program, open only to borrowers with mortgages backed by the
mortgage giants, would allow people with high loan-to-value
mortgages to refinance without purchasing additional mortgage
insurance. The companies' government charters prevent them from
buying mortgages with loan-to-value ratios above 80% unless the
borrower obtains credit enhancement.
As part of its housing plan, the Obama administration has
proposed changes to FHA and Veterans Administration authority to
ensure that partial claims are paid to investors in mortgages
backed by the agencies in the event of a "cram down," or a
reduction in the principal amount or a change in the interest rate,
by a bankruptcy judge or a voluntary modification by the servicer.
The changes are intended to prevent investors from shunning
mortgages insured by the agencies and to spur more loan
modifications.
Legislation pending before the House would make the statutory
changes. The bill, which is set for a vote as soon as Thursday,
would also make it easier for mortgage servicers to assign
government-insured loans back to the government for
modification.
The change would allow them to avoid the costs of buying back
loans packaged into Ginnie Mae securities and sold to
investors.
Lawler said that programs by the Federal Reserve to buy
mortgage-backed securities and debt issued by Fannie and Freddie
have reduced mortgage rates. "If confidence is restored and the
present large spread to Treasury rates is reduced, mortgage rates
could move lower," he said.
Lawler repeated that the government's agreement to pump $200
billion into Fannie and Freddie to keep them solvent amounted to an
"effective guarantee" of the firms' debt and mortgage-backed
securities.
-By Jessica Holzer, Dow Jones Newswires; 202-862-9228;
jessica.holzer@dowjones.com