Loss Mitigation

Treasury Secretary Timothy Geithner says servicers are failing in their efforts to modify loans. Geithner told a Senate subcommittee that his office has received ""countless frustrated phone calls"" from borrowers, and is troubled by reports that servicers have foreclosed on eligible homeowners and repeatedly claim to have lost documentation. Geithner says Treasury is already conducting compliance reviews targeted at certain servicers and may withhold incentive payments.

In a proposal submitted to the Treasury Department, the California Housing Finance Agency (CalHFA) detailed how it plans to use $699.1 million in federal aid made available through the administration's Hardest Hit Fund. According to the proposal, CalHFA will use the funds to implement four distinct programs, three designed to help California homeowners remain in their homes and one intended to help underwater homeowners transition out of their homes into more affordable housing.

Two House Democrats have introduced a bill to create a ""right to rent"" for homeowners facing foreclosure. The bill would allow a family receiving a foreclosure notice to petition a judge to stay in their home as renters under a 5-year lease. The judge would appoint an independent appraiser to set fair market rental value, which would be allowed to rise with inflation.

""Mixed results"" has been the predominant theme among industry studies the last couple of weeks. The latest report from Lender Processing Services held true to form. The Florida-based company's analysis of the nation's home loan market indicates ""modest improvements"" in the number of nonperforming loans returning to current status and fewer new delinquencies. But the research firm says these steps forward are still overshadowed by a large pool of 7.39 million non-current and REO loans.

Due to the high levels of home price declines and unemployment in the Sunshine State, Florida Housing Finance Corporation was selected as one of five state agencies to receive federal funding from the administration's Hardest Hit Fund. Of the initial $1.5 billion allocated for these markets, Florida Housing is slated to get $418 million. Pending approval of its proposal, the state plans to use the money to pay up to nine months of mortgage payments for unemployed homeowners and cover legal fees for some borrowers to fight foreclosure.

The legal wranglings continue for what was once the nation's premier subprime mortgage lender, Countrywide Financial Corp. The company was hit with another lawsuit Wednesday, this time from United Western Bank. The bank is suing Countrywide for losses it incurred on six private-label mortgage-backed securities (MBS) purchased from the subprime lender. Bank of America, UBS Securities, and certain officers of Countrywide are also named as defendants.

Software provider eMason, Inc. has made key enhancements to its Clarifire application that the company says will allow servicers to respond more rapidly to federal loan modification guidelines. Specifically, eMason says the upgrades provide automatic decision-making and processing for borrowers who ""fall out"" of the Home Affordable Modification Program (HAMP), including consideration for Fannie Mae's recently announced Alternative Modification (Alt Mod).

The Arizona Department of Housing (ADOH), one of five state housing finance agencies slated to receive federal funding through the administration's Hardest Hit Fund, has submitted a proposal to the U.S. Treasury Department detailing how it plans to use this financial aid. According to the proposal, the funding has the potential to assist approximately 4,000 households across Arizona and will be used for permanent mortgage modifications, second mortgage settlement, temporary mortgage assistance, and homeowner advocacy through HUD counselors.

The House Financial Services Committee approved legislation Tuesday that lawmakers say will ensure the Federal Housing Administration (FHA) remains viable and continues its mission of insuring mortgage loans. The measure was drafted after rising defaults caused the federal agency's reserves to fall below the two percent level required by law. It allows FHA to raise annual premiums charged to borrowers, and enhances the agency's authority to terminate lenders' business when incidences of fraud or noncompliance are uncovered.

Chase announced Tuesday that it is opening a homeownership center in the Stockbridge area of Atlanta this week. The center, which is the second in Georgia, will offer one-on-one help to families struggling with their mortgage payments. With the opening of this new location, Chase now has 51 homeownership centers in 14 states and Washington, D.C. Borrowers struggling with Chase, Washington Mutual, or EMC Mortgage-serviced loans can schedule appointments at these centers or simply walk in six days a week to receive assistance from trained advisors.