LENDERS COMPLIANCE GROUP® is the country's first full-service mortgage risk management firms in the United States, devoted to offering a full suite of services in residential mortgage banking, respectively, to banks and nonbanks, independent mortgage professionals, and mortgage servicers. We also provide state-of-the-art mortgage quality control auditing and loan analytics.
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Wednesday, October 12, 2011
Plethora of Languid Foreclosure Prevention Programs
Thursday, June 9, 2011
Boom or Bust?
Managing
Director
Page 4, 6/7/11, CoreLogic
- "The Administration's efforts have helped millions of families deal with the worst economic crisis since the Great Depression."
- "Tens of thousands of new homeowners continue to receive real payment relief from HAMP every month."
- "Mortgage delinquencies continued a downward trend compared to early 2010 and foreclosure starts and completions remain below peak."
High rates or low rates, the negative equity condition is not improving much at all. In fact, it has yet to crest.
Monday, March 7, 2011
"Repeal-But-Don't-Replace" - Ending Foreclosure Programs
The Committee believes that the elimination of these two programs -- the FHA Refinance Program and the Emergency Mortgage Relief Program -- provides $9 billion in savings.
- Home Affordable Modification Program (HAMP)
- Neighborhood Stabilization Program (NSP).
- The HAMP Termination Act of 2011 (HR 839)

- NSP Termination Act (HR 861)

House Committee on Financial Services, Press Release, 3/3/11
FHA Refinance Program Termination Act
HR 830 (2/28/11-3/3/11)
Emergency Mortgage Relief Program Termination Act
HR 836 (2/28/11-3/3/11)
Wednesday, February 9, 2011
The Principal Reduction Alternative
"The number of permanent mortgage modifications under HAMP remains anemic - there were just 522,000 ongoing permanent modifications as of December 31, 2010, with approximately 238,000 of those funded by and attributable to TARP. The remaining were funded outside of TARP by the GSEs. A combined total of more than 792,000 trial and permanent modifications have been canceled, with more than 152,000 trial modification still in limbo. These permanent modification numbers pale in comparison not only to foreclosure filings, but also to Treasury's initial prediction that HAMP would 'help up to 3 to 4 million at-risk homeowners avoid foreclosure' by reducing monthly payments to sustainable levels." (My Emphasis)
- NPV - the acronym for Net Present Value, when we've extricated the math and algorithm basics - is simply a calculation to decide if the lender is in a better profit position by approving a modification or would have a higher profit margin by foreclosing. It is part of HAMP procedures.
- Plus, the so-called waterfall process, which is really just a step-by-step analytical tool used for HAMP loan workouts. It consists of a series of calculations; however, in this case using such parameters as the gross monthly income, percentage of that gross income used to generate a target monthly payment, and so forth.
- Servicers evaluating HAMP modifications derive a mark to market loan to value (MTM-LTV) ratio on any loan greater than 115%. If so, a principal reduction then becomes available to reducing monthly payments to the eligible 31% of the borrower's gross income.
- Some generic rules: to get to the eligible 31% of gross income servicers reduce the interest rate, extend the loan term, even provide principal forbearance, but only use principal reduction as a last resort.
"Lenders will receive far more value from Principal Reduction modifications than from other mortgage modifications."
"Restoring the borrower's incentive to pay in this way [referring to principal reduction] nearly quadruples the reduction in re-default rates achieved by payment reductions through interest rate modifications and term extensions alone."
"Consistent with the HAMP concept, a PRA HAMP modification should be mandatory for participating Lenders whenever its NPV exceeds that of both the standard HAMP modification and the "No Modification" alternatives."
As the aforementioned SIGTARP report states:
"Treasury's central foreclosure prevention effort designed to preserve that goal [of 'preserving homeownership'] - the Home Affordable Modification Program (HAMP) - has been beset by problems from the outset and, despite frequent retooling, continues to fall dramatically short of any meaningful standard of success." (My emphasis)
"Lenders will achieve far greater financial benefits than with any current modification program, and borrowers will have a fighting chance to regain equity and security in their home."
Wednesday, January 5, 2011
Mortgage Performance Metrics: A Quick Look
COMMENTARY: by JONATHAN FOXX
Jonathan Foxx, former Chief Compliance Officer of two publicly traded financial institutions, is the President and Managing Director of Lenders Compliance Group, the first full-service, mortgage risk management firm in the country.
The Office of the Comptroller of the Currency (OCC) and the Office of Thrift Supervision (OTS) released their 3rd quarter 2010 mortgage Mortgage Metrics Report.
Published in December 2010, the findings are compiled from data on first-lien residential mortgages serviced by national banks and federally regulated thrifts.
The report provides information on loan performance through September 30, 2010, the year's 3rd quarter.
I think the report offers a broad view of mortgage performance, because the mortgages in this portfolio comprise 64% of all mortgages outstanding in the United States, that is, 33.3 million loans totaling almost $6 trillion in principal balances.
According to the report, mortgage delinquency levels:
- Remained "elevated" and foreclosures (new, in process, and completed) increased during the 3rd quarter of 2010.
- New home retention actions (modifications, trial-period plans, and payment plans) decreased during the quarter.
- The overall credit quality of the portfolio of first-lien mortgages serviced by the largest national banks and thrifts seems to have remained "steady" during the 3rd quarter of 2010, after showing some improvement during the previous two quarters.
The full report is available in our Library.
Let's look now (see below) at five tables from the report and consider some statistical analysis.
According to this table, servicers implemented 470,321 new home retention actions during the 3rd quarter. This represents a 17% decline from the previous quarter.
- HAMP modifications decreased by 45.7% during the quarter while other modifications increased by 10.1%.
- New HAMP trial plans decreased by 33.2%, and other trial-period plans decreased 21% from the previous quarters.
The report indicates that servicers attribute this decline resulted from requirements to obtain, verify, and analyze borrower income before beginning a trial period plan and the falling number of borrowers who are eligible for existing modification programs.
The findings indicate that servicers modified 1,506,025 loans from the beginning of 2008 through the 2nd quarter of 2010.
- At the end of the 3rd quarter of 2010, 48% of these modifications remained current or were paid off.
- Another 10.2% were 30 to 59 days delinquent.
- Almost 24% of the modifications were seriously delinquent, 9.4% were in the process of foreclosure, and 4.2% had completed the foreclosure process.
- Modifications that reduced payments by 10% or more performed better than modifications that reduced payments by less than 10%.
- At the end of the third quarter, 58.9% of modifications that reduced payments by 10% or more were current and performing, compared with the 33.4% of modifications that reduced payments by less than 10%.
This table shows that more recent modifications have performed better than earlier modifications every quarter since the end of the first quarter of 2009, though the rate of improvement "appears to be moderating."
- At 6 months after modification, 20.2% of the modifications made in the 4th quarter of 2009 were seriously delinquent compared with 33.5% of the modifications made during the second quarter of 2009.
- The report states that this trend of lower delinquency rates following modification "corresponds with the increasing emphasis on repayment sustainability through reduction of the borrower's monthly payment, verified borrower income, and payment affordability relative to income."
One of the more interesting tables is this one, because it indicates that modified mortgages held in the servicers' portfolios performed better than modified mortgages serviced for others.
- The report asserts that this variance may result from differences in modification programs, servicers' additional flexibility to modify mortgage terms, and the underlying quality of loans serviced for different investors.
- Note that the modified government-guaranteed mortgages had the highest delinquency rates at 6, 9, and 12 months following modification, consistent with their higher overall delinquency rates.
This table charts modified loan performance, by change in monthly payments, a statistical array of data that we have commented on in previous compliance updates, particularly with respect to the HAMP program.
The report finds that modifications with decreased monthly payments consistently had lower re-default rates than modifications that left payments unchanged or increased payments.
- After 6 months, 14.6% of modifications implemented since the second quarter of 2009 that decreased monthly payments by 20% or more were seriously delinquent.
- In contrast, 28.1% of modifications that left payments unchanged and 42.% of modifications that increased payments were seriously delinquent.
The report asserts that while lower payments reduce monthly cash flows to investors, the payments may result in longer-term sustainability.
Visit Library for Issuance
OCC and OTS Mortgage Metrics Report -
Disclosure of National Bank and Federal Thrift Mortgage Loan Data:
Third Quarter 2010
Issued: December 2010
Monday, November 8, 2010
Are Foreclosures Good For The Economy?
COMMENTARY: by JONATHAN FOXX
Jonathan Foxx, former Chief Compliance Officer of two publicly traded financial institutions, is the President and Managing Director of Lenders Compliance Group, the first full-service, mortgage risk management firm in the country.
The foreclosure crisis has taken on new dimensions with the Obama Administration's apparent view that accepting the huge wave of foreclosures may be necessary and inevitable.
But have the borrowers who face foreclosure really been given every opportunity to save their homes?
Failed government programs, overwhelmed servicers and lenders, lack of systemic alternatives, and the absence of a coherent national plan or specially empowered agencies to stabilize the pandemic of foreclosures are depriving borrowers of ways and means to recover from this crisis.
"I've proposed a new Home Owners' Loan Corporation (HOLC), to launch a national effort to help homeowners refinance their mortgages. The original HOLC, launched in 1933, bought mortgages from failed banks and modified the terms so families could make affordable payments while keeping their homes. The original HOLC returned a profit to the Treasury and saved one million homes.
We can save roughly three times that many today. We should also put in place a temporary moratorium on foreclosures and freeze rate hikes in adjustable-rate mortgages. We've got to stem the tide of failing mortgages and give the markets time to recover." Hillary Clinton - September 25, 2008
The most recent report of foreclosures from RealtyTrac provides the following schematic.
Just this past Friday, the New York Times put the Obama administration's non-response to the foreclosure crisis in bold relief:
"In the most recent mortgage mess, the Obama administration has - oddly and disturbingly - been arguing that foreclosures are, in effect, good for the economy and should proceed apace as banks get their snarled paperwork in order."
However the foreclosure debacle does play itself out - and, let's be clear, there is no truly satisfactory outcome for lenders, borrowers, or the overall economy - it is important to identify who these defaulted borrowers really are: our neighbors, our co-workers, our professional class, our close friends and family, our most educated and least educated, our peers who have been downsized out of jobs, laid off, and whose jobs have been outsourced, our small business owners and self-employed.
For the most part, the foreclosed upon properties have not been demised by deadbeats - or "losers" (Rick Santelli) - or scammers or ignoramuses who would sign anything to own a house. That canard is the main stream media narrative, and it is not true at all. Statistic after statistic support the fact that most loans were underwritten pursuant to agency and investor guidelines, along with proper borrower verification.
Yet now, those same agencies and investors seem to be changing the rules. For instance, HUD is reevaluating the approval authority granted to FHA DE-mortgagees whose defaults are considered excessive, even though those mortgagees' FHA loans were underwritten to FHA guidelines.
And, since the foreclosure tsunami hit, millions of borrowers have endeavored in vain to save their homes through loss mitigation methods and loan modifications, only to find themselves, usually without the benefit of legal counsel, navigating the blizzard of new paperwork requirements in an often futile engagement with unresponsive servicers and intransigent lenders.
In some cases, borrowers in default are taking out second mortgages in order to save their homes - with payment of the proceeds going to their lawyer if the foreclosure is dismissed and the debt is reduced.
Is the appropriate response to foreclosure in this current economic environment to blame the victim?
Government assistance programs, such as HAMP, have been failures. Our servicer and investor clients are particularly frustrated by the enormous task they face to offer alternative loan terms, respond to thousands of inquiries, implement new mortgage instruments, properly execute all legal documents, and consistently and effectively track the progress of mitigated claims.
In the quote above, Mrs. Clinton stated that "We've got to stem the tide of failing mortgages and give the markets time to recover."
Maybe we should give our neighbors and neighborhoods the time to recover as well!
So, What Do You Think?
I would welcome your comments and views.
Please feel free to email me at any time.
LENDERS COMPLIANCE GROUP is the first full-service, mortgage risk management firm in the country, specializing exclusively in mortgage compliance and offering a full suite of hands-on and automated services in residential mortgage banking.
Thursday, September 23, 2010
Fannie: Introduces Second Lien Modifications
On August 13, 2009, the US Department of Treasury (Treasury) published Supplemental Directive 09-05, introducing the Second Lien Modification Program designed to work in tandem with the Home Affordable Modification Program (HAMP). The Supplemental Directive 09-05 was revised on March 26, 2010.
HAMP and the Second Lien Modification Program (which is named "2MP") are meant to create a "comprehensive solution to help borrowers achieve greater affordability by lowering payments on both first-lien and second-lien mortgage loans."
On September 21, 2010, Fannie issued Announcement SVC-2010-14, which introduces its Second Lien Modification Program and provides guidelines to Fannie servicers.
All Fannie Mae-approved servicers must participate in the program for all eligible Fannie Mae second-lien mortgage loans and must implement the 2MP program no later than January 1, 2011.
_______________________________________
Highlights
Modification Eligibility
- Borrowers in Bankruptcy
- Coordination with Other Making Home Affordable Programs
Modification Process
- Matching Second Liens to HAMP First Liens
- Reliance on First-Lien Data
- Standard Modification Steps
- Compliance with Applicable Laws
- Borrower Communication
- Trial Period Requirements
- Borrower Response
- Effective Date of 2MP Modification
- Reclassification or Removal of MBS Mortgage Loans Prior to Effective Date of Modification
- Borrower Notice
- 2MP Modification Documents
- Assignment to MERS
Use of Suspense Accounts and Application of Payments
- Monthly Statements
Reporting Requirements
- Reporting to Fannie Mae Through HSSN
- Reporting to Treasury
- Reporting to Credit Bureaus
Mortgage Insurers
- Mortgage Insurer Approval
- Reporting to Mortgage Insurers
Fees and Costs
- Servicing Fees
- Late Fees
- Administrative Costs
Incentive Compensation
- Servicer Incentive Compensation
- Borrower Incentive Compensation
- Re-default and Loss of Good Standing
Compliance
Record Retention
Transfers of Servicing
_______________________________________
Visit Library for Issuance
Fannie: Home Affordable Modification Program:
Introduction of Second Lien Modification Program
SVC-2010-14
September 21, 2010
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LENDERS COMPLIANCE GROUP is the first full-service, mortgage risk management firm in the country, specializing exclusively in mortgage compliance and offering a full suite of hands-on and automated services in residential mortgage banking.
