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    Bush subprime plan offers help to 1.2M

    Bush subprime plan offers help to 1.2M
    Mortgage interest rates will be frozen only for ARM borrowers who are not yet in foreclosure.

    NEW YORK (CNNMoney.com) -- President Bush's unveiled a foreclosure relief plan Thursday that he said could help 1.2 million distressed homeowners.

    The program allows a five-year freeze in interest rates only for borrowers current with their monthly payments.

    It will streamline the mortgage modification process for many distressed borrowers, according to Bush. It will offer "more relief to more homeowners, more quickly," he said.

    But the plan is limited. It excludes anyone more than 30 days late at the time the mortgage would be modified or anyone who has been more than 60 days late at any time within the previous 12 months.

    It also only covers borrowers with adjustable rate mortgages (ARMs) resetting beginning in 2008 and leaves out any who are judged capable of continuing to make mortgage payments at the higher reset rates. And borrowers who can't afford the loan even at low introductory rates also will be ineligible, according to Anne Canfield, executive director of the Consumer Mortgage Coalition, which represents lenders and mortgage servicers.

    The president said 1.2 million borrowers could benefit. But of the 2.2 million subprime ARMS that are expected to reset through the end of 2008, only 240,000 of those would be covered according to an analysis made by investment banker Barclays Capital as reported in The New York Times.

    "I think the plan is good in theory," said Mark Zandi, chief economist for Moody's Economy.com, "but, in practice, it's going to come up short. There are too many impediments to its widespread adoption by investors and servicers."

    Obstacles include contractual obligations between servicers and investors as well as logistical difficulties. When loans have been sliced up and resold through the securitization process, it's hard to determine who ultimately decides what modifications are possible and still in the best interests of the investors.

    Furthermore, said Zandi, "There's no stick in the plan; it depends on moral suasion."

    But just because every homeowner won't benefit under the Bush plan, help will be available, according to Canfield.

    "The industry will still work to modify these loans," she said. "We have every incentive to do that."

    Delinquent loans increase financial pressure on servicers because they still have to make payments to investors, as well as tax payments to local governments, according to Canfield.

    The principle aim of the Bush plan is to streamline the modification process, at least for that limited number of borrowers, allowing them to get fast help. Lenders will examine readily available loan criteria, such as loan-to-value ratios, loan amount, credit scores and payment history, to make a quick determination of qualifications.

    That makes it a "start in the right direction," said Darla Keegan, speaking for Novadebt, a national nonprofit housing and credit counseling agency, because it will move some borrowers through the system quickly.Mortgage counseling services are currently stretched.

    For the rest, she said, "We can still see if lenders will work out agreements with lenders for these borrowers."

    "Qualified borrowers will get their modifications much more quickly," said Kurt Pfotenhauer, senior vice president for government affairs with the Mortgage Bankers Association. "A whole cohort will be done on an accelerated basis."

    Still, said Bruce Marks, chief executive of the Neighborhood Assistance Corporation of America, a community advocacy group, "The number of borrowers affected by the plan is very small, but it sets the precedent and standard so that more borrowers can be helped down the road."

    He expects more of that help to come. "An important point is why they're doing it. They're seeing the numbers of delinquencies. They can't say publicly that it will have a huge impact on the economy, but this action says that."

    If the impact of subprime foreclosures increases, pressure will build for the government to do more.

    The agreement does leap one of the thorniest hurdles to making wholesale mortgage modifications work: resistance from the investment community, who were sold a bill of goods, according to John Taylor, CEO of the National Community Reinvestment Coalition.

    "They were promised a product that looked very safe and had attractive rates," he said. "Now they're getting little or nothing in return and are being asked to take bigger losses."

    As the foreclosure crisis deepened it became apparent that many sensible modifications were being shot down because investors would not agree. An analysis by Moody's earlier this autumn revealed only about 1 percent of resetting ARMs had been modified this year.

    The administration had to use its powers of persuasion to get investors aboard at all, according to Don Lampe, a real estate attorney who has testified before Congress on subprime mortgage issues. "Investor push-back probably weakened the plan," he said.

    Despite all the criticism, the initiative was welcomed by nearly all the players, including consumer groups. Many wish it were stronger but were happy to see some response from the administration.

    As Lampe put it, "Perfection is the enemy of progress."

    The president also used the announcement as an opportunity to call on Congress to act quicker on passing mortgage relief legislation, including the FHA Modernization bill, the change in tax code and a bill enabling local and state governments to issue bonds to finance mortgage refinancings. All have been bottled up in the Senate for weeks or months.
    The information provided is not, and should not be considered legal advice. All information provided is only informational and should be verified by a law practioner whenever possible. When confronted with legal issues contact an experienced attorney in your state who specializes in the area of law most directly called into question by your particular situation.

    #2
    So the Government has finally heard the alarm bells ringing, and is now rushing to put out the raging fire.....with a half-full five gallon bucket.
    Business as usual, it will again prove to be far too little, arriving far too late.

    Comment


      #3
      A day late, a dollar short. They should not have even bothered...let the market, and our attorneys, handle the fallout. Some of us are part of the fallout...that's why we're here. At least I am anyway.
      Filed Ch 7 - January 29th, 2008
      341 - February 29th, 2008
      Discharge - June 20th, 2008
      Closed - October, 2008

      Comment


        #4
        I may be unpopular here for this statement, but personally, I don't think that there should be ANY bailouts to ANY businesses or people.

        The housing market was sorely over priced and sorely over inflated. It needs to settle back DOWN. It's insane what houses are going for. And they need to be lowered EVEN MORE.
        Chapter 13 Filed "Old Law"
        Filed: 6/2003 Confirmed: 3/2004
        Early pay off sent: 10/05/2007 - 9 months early
        11/16/2007 - Discharged!

        Comment


          #5
          I agree with you chpxiii, in the long haul it will be far better for all of the players in this fiasco (Government, the Lenders and us consumers) to have to take their hard knocks and learn the lessons that will bring about the legislation and laws that will put an end to most predatory lending and "creative" mortgage practices.
          It is my personal opinion that better safeguards need to be put into place to protect us, both from the shenanigans of investment market controlled lenders, and from our own lack of financial common sense.
          Along these lines it appears to me that the foremost effective way to address the problem is with legislation that;
          Requires that all credit cards have fixed interest rates, with a full and clear disclosure of any and all fees and charges, with no "automatic" or unrequested increases in debit limits, and no "automatically generated "loans" allowed.

          "Intent of Deception" legislation applied to all types of Lending and credit contracts, wherein, if upon investigation, it is evident that the Lender intended to deceive and to entice the borrower(s) into a deceptive loan agreement, any such agreement be ruled and declared as null and void and uncollectible, without any penalty or prejudice to the borrowers.

          And on the consumer side, far more responsibility when applying for credit, or for mortgage loans, The consumer side of "Intent of Deception" legislation being ;
          Requiring the providing of an accurate accounting of income vs. expenses, and of assets vs. liabilities, and documented evidence of a sufficient income to cover all anticipated payments and normal living expenses.

          No more loans or credit lines based on an "anticipated" or "guesstimated" income.
          A single, simple, document listing actual yearly average income (must be able to document and prove claimed income) and all scheduled expenses, being required for ALL loan and credit applications.
          With hard Federal penalties enforced against any willful withholding or falsification of financial information.
          Bankruptcy would no longer allow the discharge any debt that was incurred by willfully providing significantly false financial information.

          This would put an end to predatory lending practices, and put most of the sleazy debt collection agencies out of business.

          Would it "hurt" business? Would it make it more difficult to get credit or loans?
          Damn right it would! (And should) The present situation is the evidence of the failure of a business "system" based on mutual deception and dishonesty.
          If a people and a nation are not legally prevented from the practice of deceptive and dishonest (but extremely profitable) business dealings, then it is no wonder that deception and dishonesty in business have became the norm.

          Of course an application of honesty might also ask, Why have the wealthy and the "self-employed" and the financially shaky found "no-doc loans" to be so attractive?

          Comment


            #6
            This is the bailout that never was. It won't help much of anyone (only those with no incentive to keep their house Ie. those upside down). The rent afford ability indexes show that it is a great time to rent. Why would anybody stay in an underwater home? But of course the banks love debt slaves! And that is precisely who the plan serves.
            Filed Pro Se 9-27-07
            341 Telephonically 10-30-07
            Discharged 1-16-2008!
            Closed 1-22-2008!

            Comment


              #7
              trust me.. this little trick has so many gray areas its unbelieveable.

              The biggest thing nobody mentions is that it is up to the lender to ok the rate freeze, or to adjust. So the govt really didnt do much here.
              NotFun
              Filed: 10/31/2007
              341: 12/05/2007
              Last day for objections: 02/05/2008

              Comment

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