Hope For Homeowners Program Designed to Provide Aid to Distressed Borrowers

The government starts the mortgage loan swap which lets troubled homeowners stay in their homes. Lenders, rather than borrowers, will decide whether to participate in the program, which requires them to take a loss on the initial loan. The $300 billion, three-year program is designed to help borrowers who owe more on their loans than their homes are worth. To qualify, borrowers must be spending more than 31% of their income on mortgage payments. Loans made this year are excluded, except for those completed on Jan. 1. Borrowers must have made six months of payments on their loans


Here is the gist of the act:


The “HOPE for Homeowners Act of 2008" creates a new program within FHA to back FHA-insured mortgages to distressed borrowers. The new mortgages offered by FHA-approved lenders will refinance abusive loans at a significant discount for homeowners facing difficulty meeting their mortgage payments.

The program is built on five principles:
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.
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.
No windfall for borrowers. Borrowers will share their new equity and future appreciation equally with FHA. Borrowers will pay for the FHA insurance.
Voluntary Participation. This will be a voluntary program. No servicers will be compelled to participate.
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 create certainty and get markets flowing again.

Program Administration. The new program will be overseen by a Board made up of the Secretary of HUD, the Secretary of the Treasury, 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.

Eligible Borrowers. Only owner-occupants will be eligible for the new FHA-insured mortgage. No investors or investor properties will qualify. The Board will establish other eligibility criteria, including criteria designed to determine whether borrowers can afford their existing loans.

New Loan Amount. The size of the new FHA-insured loan will be determined by:
The lesser of the amount the borrower can afford to repay, as determined by the current affordability requirements of FHA, taking into account the amount of income available to the family after basic expenses are paid (residual income); or,
The amount of the existing loan minus a discount established through an auction process established by the Board. The auction process will allow for bulk refinances, at a discount, of eligible loans. The federal government will not take possession of the mortgages.
The Board will have flexibility to change the affordability standards to suit circumstances.
In either case, FHA will not insure more than 90% of the current value of the home. Loans must be 30-year, fixed rate loans.

Equity 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.

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.

Funding. The Act provides for $20 billion in credit subsidy, which is expected to insure new, affordable loans that refinance approximately $400 billion in troubled mortgages.

Program Sunset. The program sunsets at the end of 2012. Any remaining funds, and future collections resulting from appreciation of FHA-insured mortgages made under this program, will be returned to the government.

New Foreclosure Prevention Affordable Housing Goal for Fannie Mae and Freddie Mac. In addition to the FHA option, the legislation requires the Secretary of HUD, together with the Secretary of the Treasury and the Director of OFHEO, to establish a new Foreclosure Prevention goal for Fannie Mae and Freddie Mac. The two enterprises would be required to purchase eligible loans at a discount, and write down those mortgages to help the families keep their homes. Mortgages would have to be written down according to the same criteria as loans eligible for FHA insurance under this legislation – based on ability to pay, taking residual income into account. OFHEO would be given the authority to require the enterprises to raise additional capital commensurate with the additional risk this new goal may pose.

Housing Crisis Fueled by Inflated Home Appraisal: Who are Perpetrators and Victims? The Wild West of The Housing Boom Years, Devastation and Impact.

Housing Crisis Fueled by Inflated Home Appraisal: Who are the Perpetrators and Victims?
The Wild West of The Housing Boom Years, Devastation and Impact.

Many industry insiders just knew that it was just a matter of time. What goes up will have to come crashing down. Indeed, soaring home prices were just setting the stage for this country's greatest housing meltdown. Many onlookers could see that the high home sales were just a game. They were not fair deal. It was clear that the real estate industry was starting to crumble from the inside. Rogue appraisers, real estate agents and bad real estate brokers were running the show. They were making money left and right on the ignorance of unsuspecting homeowners, buyers and sellers. The bankers, mortgage companies and real estate investors appeared ready to make money along the way. Very few people raised their little fingers. Business was good. Since 2005, many potential buyers have been kept out of the market. They were priced out by speculators who flew in and flew out of hot deals and markets all over California. Those who were not too greedy amassed a fortune. Then, they moved this money to other shores or diversified.

Many appraisers were being pressured by all sides to inflate home values. They sometimes quoted prices only aimed at supporting loans that are more than the buyers can truly afford. According to former acting director at the Federal agency charged with monitoring the appraisal industry, Marc Weinberg, the system was completely broken. Since the height of the housing boom (which was fake or based solely on borrowed money), many violations could have constituted the red flags. According to a recent AP investigation, there were complaints that were lodged at the agency, but the lack of agents prevented it from investigating. Since the complaints were uninvestigated for many years, many of the appraisers who were accused of inflating prices continued to commit fraud in the industry.

What are the causes of the current housing crisis? Many will say greed, easy money-making tricks with no regards to the future

Here is a list of some of the perpetrators and victims: They were lenders who allowed people with spotty credit to buy homes with little or no money down, mortgage brokers who focused on selling loans without regard to the borrowers' ability to repay and investment bankers who bought and sold risky mortgage-backed securities. Failure to be able to monitor the real estate appraisals also contributed to the problems we are seeing now. Foreclosures are rampant and continue to destroy communities.

How does the process work? Once an appraiser receives an order from a real estate agent, lender, or mortgage broker to inspect a property, he or she is supposed to use some measurable tools of the trade. He will use the physical inspection of the home and comparable sales in the area to develop an estimated value for the property. What happens when the values of the other properties are not real? The figure the appraisers get will be used by banks to set the home's value as collateral for the mortgage loan. That is why it makes sense for the appraisers to come up with a value free of any outside pressure. In many cases, the appraisers were influenced by owners, buyers and sellers and the rest of the players to produce a number. They know that they are supposed to generate a value free of any outside pressure. Such was not the case in many of the cases investigated by AP. Some appraisers did complain to federal and state agencies about the fraudulent inflation of property values. Oftentimes, appraisers would put each other down in front of the buyers.

No Health benefits, No Severance Package, Nothing: American Home Mortgage Investment Corporation Closed Its Door

The rumors turned to founded news. They also turned to fears for many of American Home Mortgage employees who received their last check on this fateful day. No benefits, no severance package. Nothing. Yet, they have mortgage to pay too. There is no way they could see this coming. Workers were cleaning their cubes and offices. Many observers attributed the company’s undoing to the weakening of the real estate market and of the secondary mortgage market, the commerce in financial instruments built from bundled mortgage obligations, which was American Home Mortgage’s specialty.

Now many homeowners who have their mortgage through this company have to find a new one. American Home Mortgage bailed out or checked out.

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