Tag Archives: Principal Writedown

A recently released Supplemental Directive from Treasury increases incentives for second lien investors when loans receive principal reductions. The increased incentives apply to permanent HAMP modifications with principal reductions through the government's Principal Reduction Alternative (PRA) that have trial period plans starting March 1 or later. Increased incentives are also available when second liens are completely or partially eliminated through the Second Lien Modification Program (2MP) on loans modified starting June 1.

Obama's FY2013 budget proposal includes an extension of the Mortgage Forgiveness Debt Relief Act of 2007. The Act ensures that homeowners who received principal reductions or other forms of debt forgiveness on their primary residences do not have to pay taxes on the amount forgiven. The administration is proposing an extension that would apply to any amounts forgiven before January 1, 2015. Otherwise, short sales and even modifications that reduce the debt qualify as income to the borrower.

Thursday's unprecedented $25 billion settlement between federal and state officials and the nation's top mortgage servicers was especially favorable to California. After leaving settlement negotiations in September, claiming the proposal at the time was inadequate for California homeowners, Attorney General Kamala Harris opted to sign on to the final settlement, which was revised to secure $18 billion for the state of California. At the time Harris left the settlement, California was expected to receive about $4 billion from the banks.

The deadline for the 50 state attorneys general to sign onto the settlement negotiated between the committee headed by Iowa Attorney General Tom Miller and five large servicers was extended from Friday to Monday. Late Monday evening, Miller's office issued a statement saying more than 40 states have agreed to participate. For the past few months, the number repeated from various sources is $25 billion. That's $25 billion that Bank of America, JPMorgan Chase, Wells Fargo, Citigroup, and Ally Financial would pay for a clean slate regarding robo-signing misdeeds of the past.

Changes announced Friday to the Home Affordable Modification Program (HAMP) are expected to extend relief to a larger share of struggling homeowners as well as renters. One of the key adjustments centers around principal reductions. To encourage investors to agree to the principal reducing modification currently available through HAMP, Treasury is tripling incentives for such restructurings, paying from 18 to 63 cents on the dollar, and extending this same incentive to Fannie Mae and Freddie Mac, who have previously opted not to participate in HAMP's principal writedown option.

The ratings agency DBRS says mortgage servicers are going to continue to see ""much needed reform"" in 2012 as the industry moves to standardize the servicing business. The first go at such standardization will center around implementing the directives of regulators' consent orders, according to DBRS. The agency does expect the U.S. government to institute some of the REO programs currently being vetted, but doesn't foresee any tangible benefits in terms of loss recoveries until 2013.

The Federal Housing Finance Agency (FHFA) says as of June 30, 2011, Fannie Mae and Freddie Mac held nearly 3 million first lien mortgages in which the borrower owed more on the loan that the home was worth. FHFA estimates principal forgiveness for all of these mortgages would require funding of almost $100 billion to pay down the loans to the value of the homes securing them. Members of Congress have questioned FHFA's reasoning for excluding principal forgiveness from the menu of loss mitigation tools available to the GSEs.

After HUD Secretary Shaun Donovan announced last Wednesday that a final settlement between state attorneys general and the nation's largest servicers is just weeks away, the news broke Monday that a settlement draft is now in the hands of the attorneys general for review. Dispelling rumors suggesting President Barack Obama will announce the settlement during his State of the Union address Tuesday evening, the lead negotiator for the states has issued a statement saying, ""...we won't reach a settlement any time this week.""

Principal reductions - the merits of which have been debated strongly in recent years - are gaining support from lawmakers. Two congressmen are pushing to subpoena the Federal Housing Finance Agency (FHFA) for its analysis of the potential effects of principal reductions by the GSEs. Reps. Elijah Cummings of Maryland and John Tierney of Massachusetts sent a letter Wednesday to the chairman of the House Oversight Committee urging him to issue a subpoena after several failed attempts to procure the desired information from FHFA.

After estimations that state attorneys general would reach a settlement with banks by Christmas failed to pan out, word today is the settlement is weeks away. Negotiation talks between state counsels and the nation's five largest servicers are entering their second year, and a few attorneys general have already left the table. The parties are supposedly ""very close"" to a settlement that would provide 1 million homeowners with principal reductions, according to remarks from HUD Secretary Shaun Donovan on Wednesday.