The revamped Hope for Homeowners program is likely to be rolled
out soon without an adequate solution to a major problem: How to
extinguish second mortgages for borrowers facing foreclosure.
As a result, the program, which so far has helped only 95
borrowers refinance into government-backed mortgages, could
continue to struggle to gain traction, despite several key
improvements.
The Department of Housing and Urban Development has been in
talks for months with large national banks and their regulators on
the size of payments necessary to induce the banks to relinquish
the second liens.
But the negotiations have reached an impasse, with banks
insisting on a higher level of compensation than the government is
willing to pay, people familiar with the discussions say.
Separately, the problem of second liens is also bedeviling the
administration's efforts to encourage loan modifications and short
sales.
The deadlock could overshadow several improvements HUD is making
to Hope for Homeowners, which is the only federal effort geared
toward homeowners who are deeply underwater on their mortgages.
More than 16 million homeowners were upside down on their
mortgages at the end of the second quarter of 2009, representing
nearly one-third of all homeowners with a first mortgage, according
to Moody's Economy.com.
Lenders must agree to extinguish a second mortgage before
borrowers can refinance their first mortgage under the program. As
many as half of seriously delinquent borrowers have a second
mortgage, such as a home equity or down payment loan, according to
analyst estimates.
"We appreciate the fact that there will be some second lien
holders that won't go for this," a senior HUD official told Dow
Jones Newswires. "And the program isn't for everyone. But it will
serve a substantial niche [of borrowers]."
The program may work for borrowers who don't have a second
mortgage, as well as those who are so underwater that the
second-lien holder has little hope of recovering anything, the HUD
official said.
The Obama administration inherited Hope for Homeowners, which
was conceived by congressional Democrats and enacted last year as
part of sprawling housing legislation. Administration officials
have worked to iron out kinks in the program, but the bulk of their
efforts has gone to ensuring the success of their own initiative -
a program to provide millions of homeowners with government loan
modifications.
HUD will soon roll out a retooled version of Hope for Homeowners
intended to bring the incentives more in line with those provided
under the loan modification program. Payments for extinguishing
second mortgages may even be more generous than under the loan
modification. HUD officials are also making sure Hope for
Homeowners loans can be packaged and sold into the secondary market
so that the program's rates are comparable with general mortgage
rates.
However, the cooperation of mortgage servicers, who are
gatekeepers to the administration's foreclosure prevention
programs, will be crucial. Servicers, already swamped by queries
from strapped borrowers, must have the patience to pursue a
refinance under Hope for Homeowners, which requires far more work
than a loan modification under the Obama program.
The largest servicers - JPMorgan Chase & Co. (JPM), Wells
Fargo & Co. (WFC) and Bank of America (BAC) - are also the
largest holders of second mortgages, giving rise to concerns they
may not act in borrowers' best interest. Banks may be reluctant to
extinguish second mortgages if it means they will be required to
immediately write off the mortgage.
Mortgage investors - many of whom are intensely interested in
Hope for Homeowners and favor it over the government loan
modification program - are deeply skeptical that servicers will
play along. Laurie Goodman, a senior managing director of Amherst
Securities Group, called the second-line problem "intractable" in a
recent research note to clients.
She believes Hope for Homeowners won't be used extensively for
loans that have been packaged and sold into private-label
securities. However, just 36% of all non-performing mortgages in
private label securities had second liens taken out with the first,
she noted.
A JPMorgan spokeswoman declined to comment. Spokesmen for Wells
Fargo and Bank of America didn't return calls requesting
comment.
If Hope for Homeowners flops a second time, deeply underwater
borrowers who qualify can always get their interest rates cut
temporarily, to as low as 2%, through the government's loan
modification program.
But over the long term, these people will have difficulty
refinancing or selling their home, Andrew Jakabovics, associate
director for housing and economics at the Center for American
Progress, said. "You may end up with a lot more people trapped in
their mortgages," he said.
Under Hope for Homeowners, qualified borrowers can refinance
into a new, government-backed loan that matches the current value
of their home, as long as the investor in the prior mortgage agrees
to write off a portion of the debt. By contrast, people familiar
with the program say servicers typically aren't forgiving loan
principal as part of the government loan modification effort.
Glenn Boyd, head of U.S. Asset-Backed Securitization Research
for Barclays Capital, said mortgage servicers will ultimately need
to agree to substantial principal forgiveness in order to bring
down default rates.
"Simply having your mortgage rate reduced won't be sufficient
for many of these borrowers who are significantly underwater," he
said.
-By Jessica Holzer, Dow Jones Newswires; 202-862-9228;
jessica.holzer@dowjones.com