1. NY Fed President Calls for “Earned Principal Reductions”

    3 By on January 6, 2012

    In a speech to the New Jersey Bankers Association Economic Forum in Newark, New York Fed President William Dudley called for Fannie Mae and Freddie Mac to enact a form of principal writedowns on mortgages in order to help the housing market recover.

    We’ve discussed the problems in the housing sector ad nauseum, but it they are worth briefly recapping.  Home prices are down by about a third on average since 2006.  There are 1.5 million mortgage that are at least 90 days delinquent, and another 2 million in some stage of foreclosure.  There is a massive overhang of housing supply both on the market and in shadow inventory, and there is a dearth of demand for housing due to unemployment, economic uncertainty, and lack of household formation.  This imbalance in supply and demand is still causing home prices to fall.  Additionally, nearly 11 million homes with mortgages have negative equity, which accounts for about 22 percent of all homes with mortgages.  There is about $700 billion worth of negative equity in the housing market.  Dudley says that

    “Persistent weakness in housing is particularly problematic because it acts as a drag on spending and job creation in an environment in which such weakness can not be easily offest by other policy adjustments.  Housing policy should seek to break adverse feedback loops [Dudley is referring to the way that price declines lead to foreclosure, which in turn drives more price declines, which leads to more foreclosure], promote more economically efficient outcomes in housing, and support growth”.

    In order to help the housing market, Dudley calls for “improved access to mortgage credit, reduced obstacles to refinancing, lessening the flow of homes into foreclosure through bridge financing and accelerated principal reduction, and facilitating the absorption of REO back into use as owner- or renter- housing”.  The proposals for improving access to credit and turning REO into rentals are fairly straight forward.  More interesting to me is the proposal for what Dudley calls “earned principal reduction”.  Dudley proposes:

    “I believe we should also develop a program for earned principal reduction for borrowers who are underwater but keep on making their mortgage payments.  Such a program would strengthen the incentives for mortgage holders who are underwater to continue to stay current on their loans, and reduce the likely number of defaults and REO sales.  

    One option developed by my staff is for Fannie Mae and Freddie Mac to give underwater borrowers on loans that they have guaranteed the right to pay off the loan at below par in the future under certain circumstances, including that the borrowers have continued to make timely payments.

    The borrower would be protected from further declines in home prices, but in return would give up a portion of any upside from future capital gains on the home via a shared appreciation agreement”.

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    Category: Mortgage Rates
  2. Principal Reductions More Effective Than Loan Modifications in Preventing Re-Default

    By on February 8, 2011

    New data from S&P Ratings Services (via this Housingwire article) states that a shocking 80% of loans that were modified between 2007 and 2010 re-defaulted within 24 months of the modification.  According to the report, 7.8 mortgage payments are made on a modified loan before the borrower starts to fall behind again.

    The report contends that loan modifications only provide a short term solution to delinquency because they encourage borrowers to make at least a few more payments in the short-term.  S&P found that principal reductions (which make up only 3% of loan modifications) are far more successful longer term solutions.

    That principal reductions are more effective than modifications without principal reductions seems to me to be patently obvious if you look at the root causes of delinquency and foreclosure: loss of income (due to unemployment) and negative home equity.

    Lets take the example of someone who has lost their job and income.  This person likely has some amount of savings, and can probably cut costs in order to make payments for some period of time, but if this person does not find a job, they will obviously run out of money at some time.  Reducing their monthly payments may simply extend how long they can survive on their savings (principal reductions won’t really help this person in the long term either).  Borrowers in this situation need jobs more than anything, and unemployment is still stubbornly high.  Although the unemployment rate fell from 9.4 to 9.0 percent in January, the economy only added 36,000 jobs, the labor force participation rate is falling rapidly and hit levels not seen since 1984.  This means that frustrated job-seekers are simply falling off the BLS’ radar and are not even looking for jobs – the decline in the unemployment rate is largely illusory.

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    Category: Mortgage Rates
  3. Taxes Could Apply to FHA Short Refi Principal Reduction

    By on September 13, 2010

    “It was as true as taxes is.  And nothing’s truer than them”.

    -Charles Dickens

    Recently we’ve talked a lot about loan modification programs such as Home Affordable Modification Program (HAMP), Home Affordable Refinance Program (HARP), and the new FHA short refinance program.  We have discussed many of the pitfalls and issues that plague these programs, as well as the benefits that apply to those that manage to qualify for them.  One thing we have not really talked about is the potential tax liability these programs can cause.

    Any type of loan forgiveness (principal reduction) can be considered a debt discharge income (DDI) by the IRS.  As such, loan forgiveness may be taxable.  Any time a lender forgives more than $600, they may send a 1099-c form to you and the IRS, and you may be required to report the forgiven loan amount as income.  Some lenders report the forgiveness to the IRS, others do not.  Many things affect whether or not DDI is taxable or not, such as your solvency at the time the debt was forgiven.

    In 2007, Congress passed the Mortgage Debt Relief Act, which allows borrowers to exclude some debt discharge income on their principal residence.  The act currently applies to many mortgage write-downs that occur or occurred between 2007-2012.  I am not a tax attorney, so nothing that I write here is meant to be construed as legal advice.  It is extremely important to consult an attorney when undergoing any sort of mortgage modification program, because you do not want to end up with a surprise bill at tax time.

    The following is an excerpt of the FAQ from the Mortgage Forgiveness Act page of IRS.gov.  I recommend clicking through and reading the whole thing for further information.

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    Category: Mortgage Rates
  4. Bank of America to Offer Principal Reduction Plan

    1 By on March 24, 2010

    Bank of America to Offer Principal Reduction Plan

    According to an earlier report by Reuters, Bank of America is expected to announce a plan today that will forgive a portion of a borrower’s principal balance on their mortgage loan if they owe more than 120% of their home’s value. Additionally, the plan will include principal forgiveness on loans with negative amortization.

    As outlined by Reuters, the program will commence in May. The program entails Bank of America offering borrowers who remain current with their monthly mortgage payments a five-year, interest-free forbearance period. The intention of the five-year, interest-free forbearance period is to provide a strategic timeline in which homeowners have an opportunity to reduce the loan-to-value (LTV) of their home back to 100%.

    While the federal government’s efforts have largely been concentrated on keeping mortgage rates artificially low, Bank of America’s plan to reduce a homeowner’s principal balance is one of the first of its kind by an independent lender. Many homeowners are so deeply underwater that they are simply walking away from their mortgage obligations. By taking the initiative, Bank of America hopes to prevent the foreclosure crisis from intensifying. Regardless, many mortgage analysts are predicting the foreclosure dilemma will indeed amplify as we progress deeper into 2010, much to the chagrin of the federal government who has made little effort to thwart declining home values.

    During the housing economy’s heyday when obtaining a mortgage loan was nearly as easy as ordering a pizza, borrowers were lured into accepting mortgage loans with negative amortization. Negative amortization is the gradual increase in the principal balance when the monthly mortgage payment is not enough to cover the principal balance and interest due. This feature resulted in continually increasing principal balances, leaving homeowners deeper and deeper underwater. On loans with a negative amortization feature, Bank of America intends to reduce the principal balance to as low as 95% of a home’s value. Presumably scheduled to begin in May, Bank of America must first identify the borrowers who may be eligible for the program.

    Robert Hyder

    Follow Total Mortgage on Twitter

    Category: Stimulus

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