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Fresh off the CNN Press!!! Citi backs foreclosure prevention plan!

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    Fresh off the CNN Press!!! Citi backs foreclosure prevention plan!

    Citi backs foreclosure prevention plan
    Banking giant gives nod to legislation that would allow judges to alter mortgages for homeowners who have filed for bankruptcy.


    NEW YORK (CNNMoney.com) -- Citigroup reached an agreement with Democratic lawmakers Thursday on legislation that would allow judges to reduce mortgage debt for individuals who have filed for bankruptcy.

    Sen. Dick Durbin of Illinois, the bill's architect, said he hoped the participation of Citigroup would entice other mortgage lenders to sign onto the program.

    "I hope other institutions will follow suit," he said. Durbin appeared at a press conference along with fellow sponsors of the bill, Sen. Christopher Dodd of Connecticut and Sen. Charles Schumer of New York.

    Until recently, members of the banking industry, including Citigroup (C, Fortune 500), as well as other housing-related groups like the National Association of Realtors, have criticized the notion of allowing the courts to have a say over their mortgage portfolios.

    The Mortgage Bankers Association is extremely resistant to this idea. The trade group insists that so-called "mortgage cram downs," which allow bankruptcy courts to "cram down" or reduce the size of a home loan, will add considerably to borrowing costs for borrowers in the future.

    "We remain opposed to bankruptcy cram-down legislation because of the destabilizing affect it will have on an already turbulent mortgage market," said John Courson, president and CEO of the Mortgage Bankers Association.

    The National Association of Home Builders has also historically opposed such a measure. But the group recently announced an about-face, saying it will now support the idea of bankruptcy judges altering the terms of a borrower's mortgage.

    A call to the National Association of Realtors requesting comment was not immediately returned.
    Who qualifies

    Under the proposed plan, only homeowners with existing mortgages would be eligible to have their loans reduced. Additionally, homeowners would have to certify that they attempted to contact their lender about modifying their loan before filing for bankruptcy.

    An earlier version of the bill proposed in 2008 only made this option available to borrowers who lived in their homes and held either a subprime or non-traditional mortgage, such as an adjustable rate loan.

    The Center for Responsible Lending backs the bill, and expects that it could help more than 600,000 households across the country avoid foreclosure.

    Current estimates puts the number of homeowners at risk of foreclosure around 8 million.

    "We don't think this will remedy the whole [housing] situation, but we think this is an essential and necessary tool," said Kathleen Day, a spokeswoman for the non-profit group.

    While Citigroup's approval of this bill may appear puzzling, participation in the program could go a long way to helping the ailing institution, which has been one of the hardest-hit banks during the housing crisis. It is expected to report a fourth-quarter loss later this month, due in part to its exposure to the U.S. housing market.

    A spokesperson for Citigroup was not able to immediately comment on Thursday's announcement.

    It remains to be seen whether other lenders will back the cram-down measure, but the legislation might serve to strong-arm banks into being more flexible with their loan modification programs. Faced with the threat of having judges step in and alter the terms of their loans, banks may be more willing to make the adjustments themselves.

    "There is clearly a need to try something new," said Durbin.

    #2
    But it still makes me want to vomit, because I am a responsible person who actually had bad credit but researched the state programs available and got a FHA loan that is fixed at 5.9%

    Yet, I cant cram down my underwater loan.

    I hope the bill fails.

    Comment


      #3
      Fresh off the CNN Press!!! Citi backs foreclosure prevention plan!



      Banking giant gives nod to legislation that would allow judges to alter mortgages for homeowners who have filed for bankruptcy.

      Citi backs foreclosure prevention plan
      Banking giant gives nod to legislation that would allow judges to alter mortgages for homeowners who have filed for bankruptcy.


      NEW YORK (CNNMoney.com) -- Citigroup reached an agreement with Democratic lawmakers Thursday on legislation that would allow judges to reduce mortgage debt for individuals who have filed for bankruptcy.

      Sen. Dick Durbin of Illinois, the bill's architect, said he hoped the participation of Citigroup would entice other mortgage lenders to sign onto the program.

      "I hope other institutions will follow suit," he said. Durbin appeared at a press conference along with fellow sponsors of the bill, Sen. Christopher Dodd of Connecticut and Sen. Charles Schumer of New York.

      Until recently, members of the banking industry, including Citigroup (C, Fortune 500), as well as other housing-related groups like the National Association of Realtors, have criticized the notion of allowing the courts to have a say over their mortgage portfolios.

      The Mortgage Bankers Association is extremely resistant to this idea. The trade group insists that so-called "mortgage cram downs," which allow bankruptcy courts to "cram down" or reduce the size of a home loan, will add considerably to borrowing costs for borrowers in the future.

      "We remain opposed to bankruptcy cram-down legislation because of the destabilizing affect it will have on an already turbulent mortgage market," said John Courson, president and CEO of the Mortgage Bankers Association.

      The National Association of Home Builders has also historically opposed such a measure. But the group recently announced an about-face, saying it will now support the idea of bankruptcy judges altering the terms of a borrower's mortgage.

      A call to the National Association of Realtors requesting comment was not immediately returned.
      Who qualifies

      Under the proposed plan, only homeowners with existing mortgages would be eligible to have their loans reduced. Additionally, homeowners would have to certify that they attempted to contact their lender about modifying their loan before filing for bankruptcy.

      An earlier version of the bill proposed in 2008 only made this option available to borrowers who lived in their homes and held either a subprime or non-traditional mortgage, such as an adjustable rate loan.

      The Center for Responsible Lending backs the bill, and expects that it could help more than 600,000 households across the country avoid foreclosure.

      Current estimates puts the number of homeowners at risk of foreclosure around 8 million.

      "We don't think this will remedy the whole [housing] situation, but we think this is an essential and necessary tool," said Kathleen Day, a spokeswoman for the non-profit group.

      While Citigroup's approval of this bill may appear puzzling, participation in the program could go a long way to helping the ailing institution, which has been one of the hardest-hit banks during the housing crisis. It is expected to report a fourth-quarter loss later this month, due in part to its exposure to the U.S. housing market.

      A spokesperson for Citigroup was not able to immediately comment on Thursday's announcement.

      It remains to be seen whether other lenders will back the cram-down measure, but the legislation might serve to strong-arm banks into being more flexible with their loan modification programs. Faced with the threat of having judges step in and alter the terms of their loans, banks may be more willing to make the adjustments themselves.

      "There is clearly a need to try something new," said Durbin.

      Comment


        #4
        Sorry i dont know why it posted it twice! Please delete!

        Comment


          #5
          I'm afraid the MBA may be correct. The use of PMI is going to increase and costs will increase.

          The reason why Citi is on-board, is because this cramdown ability is going to have a sunset provision. For example, it will only be allowed through 2010 or something. It will also have restrictions on exactly who can qualify, and that number is going to be WAY WAY too small. Think Universal Healthcare that isn't really... well... universal! (Or Vonage's unlimited long distance calling... that's limited to 5,000 minutes.)

          If you're Citigroup, what would you rather have? A person paying on a home... or an empty home you can't sell?

          And let me get on my pedestal and tell you what's going to really happen. First, look at the message which states that only 600,000 would qualify. That's already about 8,000,000 people too few. (Read further to see that there are 8,000,000 homes in jeopardy of foreclosure, yet this "save us" bill will help less about 6% or 6 in 100.)

          Then, just like the last Fannie Mae/Freddie Mac program, hardly anyone even took advantage of it. I mean, well under 100,000.

          Politicians are giving us another shiny turd.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #6
            I'm afraid the MBA may be correct. The use of PMI is going to increase and costs will increase.

            The reason why Citi is on-board, is because this cramdown ability is going to have a sunset provision. For example, it will only be allowed through 2010 or something. It will also have restrictions on exactly who can qualify, and that number is going to be WAY WAY too small. Think Universal Healthcare that isn't really... well... universal! (Or Vonage's unlimited long distance calling... that's limited to 5,000 minutes.)

            If you're Citigroup, what would you rather have? A person paying on a home... or an empty home you can't sell?

            And let me get on my pedestal and tell you what's going to really happen. First, look at the message which states that only 600,000 would qualify. That's already about 8,000,000 people too few. (Read further to see that there are 8,000,000 homes in jeopardy of foreclosure, yet this "save us" bill will help less about 6% or 6 in 100.)

            Then, just like the last Fannie Mae/Freddie Mac program, hardly anyone even took advantage of it. I mean, well under 100,000.

            Politicians are giving us another shiny turd.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment


              #7
              If this bill passes, you are going to see a ton of borderline folks who right now do not qualify for bankruptcy just quit jobs and throw in the towel, let the mortgage go late and then file to take advantage of what is being offerred to BK filers. While it may reduce a smaller percentage of foreclosures, BK's are going to rise dramatically as was predicted in another news-related posting.
              _________________________________________
              Filed 5 Year Chapter 13: April 2002
              Early Buy-Out: April 2006
              Discharge: August 2006

              "A credit card is a snake in your pocket"

              Comment


                #8
                True, then they will try to revise the whole BAPCPA mess, and factor in even more confusing nonsense to the mix.

                Comment


                  #9
                  Originally posted by justbroke View Post
                  I'm afraid the MBA may be correct. The use of PMI is going to increase and costs will increase.

                  The reason why Citi is on-board, is because this cramdown ability is going to have a sunset provision. For example, it will only be allowed through 2010 or something. It will also have restrictions on exactly who can qualify, and that number is going to be WAY WAY too small. Think Universal Healthcare that isn't really... well... universal! (Or Vonage's unlimited long distance calling... that's limited to 5,000 minutes.)

                  If you're Citigroup, what would you rather have? A person paying on a home... or an empty home you can't sell?

                  And let me get on my pedestal and tell you what's going to really happen. First, look at the message which states that only 600,000 would qualify. That's already about 8,000,000 people too few. (Read further to see that there are 8,000,000 homes in jeopardy of foreclosure, yet this "save us" bill will help less about 6% or 6 in 100.)

                  Then, just like the last Fannie Mae/Freddie Mac program, hardly anyone even took advantage of it. I mean, well under 100,000.

                  Politicians are giving us another shiny turd.
                  I think their guessing at the numbers . Might be that 600,000 is the number just for Citibank mortgage holders of which I am one. This is just the legislation I have been waiting on. I feel sorry for those who already lost their house and could have used this. I am upside down by $200k, and still declining due to the forclosures in the inland empire. Only thing that keeps me from walking is I love this house. bring it on. I will gladly take advantage of this program if passed.
                  Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

                  Comment


                    #10
                    think their guessing at the numbers . Might be that 600,000 is the number just for Citibank mortgage holders of which I am one. This is just the legislation I have been waiting on. I feel sorry for those who already lost their house and could have used this. I am upside down by $200k, and still declining due to the forclosures in the inland empire. Only thing that keeps me from walking is I love this house. bring it on. I will gladly take advantage of this program if passed.
                    Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

                    Comment


                      #11
                      I would back the bill if I were them too, because no on is going to qualify for it

                      Here is the actual text of the bill as it relates to BK
                      (a) In General- Section 1322(b) of title 11, United States Code, is amended--

                      (1) in paragraph (10), by striking ‘and’ at the end;

                      (2) by redesignating paragraph (11) as paragraph (12); and

                      (3) by inserting after paragraph (10) the following:

                      ‘(11) notwithstanding paragraph (2) and otherwise applicable nonbankruptcy law--

                      ‘(A) modify an allowed secured claim for a debt incurred prior to the effective date of this paragraph secured by a nontraditional mortgage, or a subprime mortgage, and any lien subordinate to such claim, on the debtor’s principal residence, as described in subparagraph (B), if, after deduction from the debtor’s current monthly income of the expenses permitted for debtors described in section 1325(b)(3) of this title (other than amounts contractually due to creditors holding such allowed secured claims and additional payments necessary to maintain possession of that residence), the debtor has insufficient remaining income to retain possession of the residence by curing a default and maintaining payments while the case is pending, as provided under paragraph (5);

                      ‘(B) provide for payment of such claim--

                      ‘(i) in an amount equal to the amount of the allowed secured claim;

                      ‘(ii) for a period that is the longer of 30 years (reduced by the period for which the loan has been outstanding) or the remaining term of such loan, beginning on the date of the order for relief under this chapter; and

                      ‘(iii) at a rate of interest accruing after such date calculated at a fixed annual percentage rate, in an amount equal to the most recently published annual yield on conventional mortgages published by the Board of Governors of the Federal Reserve System, as of the applicable time set forth in the rules of the Board, plus a reasonable premium for risk; and

                      ‘(C) if a claim has been modified to an amount below the original principal of the loan pursuant to subparagraph (B)(i) and the debtor’s principal residence is sold during the term of the plan, the holder of the claim shall be entitled to receive, in addition to the unpaid portion of the allowed secured claim, the net proceeds of the sale, or the amount of the holder’s allowed unsecured claim, whichever is less; and’.
                      First obvious CATCH...it only applies to non-traditional and subprime mortgages, second, if you sell the house in the future and the house increases in value, it appears the lender maintains a lien for the unsecured portion of their claim, also, it will only apply to loans that exist before the effective date of the law. It appears that this will add a layer to the income and expense calculation, if I am reading this correctly you only qualify for the write down if you cannot afford the current monthly payment.

                      So bottom line, as it is written right now, you can only modify the first mortgage if
                      1. the mortgage is sub-prime
                      2. You cannot afford the current monthly payment of your mortgage along with your other necessary expenses
                      3. The mortgage company maintains some sort of subordinate lien for the unsecured portion of their claim if you sell the house during your chapter 13 plan.

                      As it stands right now, this bill is garbage, sorry to say. Instead of doing all this stupid crap, they should just strike the wording in Sec 1322(b)(2) that states "other than a claim secured only by a security interest in real property that is the debtor's principal residence,"

                      Comment

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