UPDATE: US Government, Lenders Seek Ways To Help Some Homeowners
October 07 2009 - 5:06PM
Dow Jones News
Lenders and government officials are searching for ways to head
off a wave of defaults on pay-option adjustable rate mortgages,
which are threatening to become the next storm to hit the U.S.
housing market.
Option ARMs aren't easy to modify due to the risky features of
the loans and their concentration in states where property values
have plummeted the most. The loans catered to creditworthy
borrowers who had to stretch a great deal to buy a home in an
overheated market.
Option ARMs allow borrowers to choose from a range of minimum
monthly payments, including paying less than the interest owed each
month. Many such borrowers are now grappling with ballooning loan
balances and plunging property values.
Administration officials have been talking to mortgage investors
and servicers about ways to help option ARM borrowers avoid
foreclosure, but the parties don't appear close to a solution. A
major sticking point: Whether lenders need to forgive loan
principal to help these borrowers stay in their homes.
"All sides are talking," said Laurie Goodman, a senior managing
director of broker/dealer Amherst Securities Group. "The servicers
and investors have different solutions to the problem. Servicers
are more reluctant than investors to forgive principal."
Mortgage investors contend that forgiving loan principal is
crucial because so many option ARM borrowers are underwater, owing
much more than their homes are worth. Meanwhile, servicers favor
taking other measures before writing off any loan principal. The
government risks a backlash from borrowers who are paying off their
loans in full if it takes steps to encourage principal
forgiveness.
A U.S. Treasury Department spokeswoman declined to comment.
The major mortgage servicers - JPMorgan Chase & Co. (JPM),
Wells Fargo & Co. (WFC) and Bank of America Corp. (BAC) - also
hold large portfolios of option ARMs acquired through purchases of
other banks. Investors suspect that they are reluctant to forgive
principal on option ARMs in their servicing portfolios because that
could trigger write downs of the banks' option ARM holdings.
Delinquencies and foreclosures of option ARMs are climbing and
the problem is expected to get worse. In the second quarter, 15.2%
of option ARMs were at least 60 days past due, compared with a 5.3%
delinquency rate for all mortgages, the Office of the Comptroller
of the Currency said in a report analyzing 34 million U.S.
mortgages. Meanwhile, 10% of option ARMs were in the process of
foreclosure, more than triple the 2.9% rate for all mortgages, the
OCC said.
The poor performance partly reflects the loans' heavy
concentration in the four states that have seen the sharpest price
drops. Option ARMs represent nearly 40% of loans at least 60 days
past due in Florida and in Nevada and 28% of such loans in
California, according to First American CoreLogic. One in five
delinquent mortgages in Arizona is an option ARM.
Making matters worse, more than a million option ARMs are due to
reset over the next four years, according to First American
CoreLogic. When that happens, borrowers who were making partial
interest payments will have to make fully amortizing payments
reflecting a larger loan balance.
Option ARMs aren't good candidates for the government's
loan-modification program. Borrowers with such loans are often
already struggling to make already very low payments, leaving
little room to cut the payments further.
Some borrowers are so deeply underwater that lenders would have
to write off or defer huge amounts of loan principal to achieve a
sustainable modification. That could trigger a failure of the net
present value test required to complete a modification under the
government's program.
Mortgage servicers are seeking changes to the program to make it
work better for option ARMS. They propose forgiving deferred
interest, converting the loan to one with an interest-only period
and increasing the loan term before any principal is written off.
By contrast, investors favor refinancing borrowers who qualify into
a Federal Housing Administration-backed mortgage after the loan
principal has been cut.
Wells Fargo, which values the Pick-A-Pay loans it acquired when
it bought Wachovia Corp. at $90.45 billion, isn't modifying these
loans through the government's program.
Mike Heid, co-president of Wells Fargo's Home Mortgage business,
told Dow Jones it was difficult to modify Pick-A-Pay mortgages
through the government's program. The bank has modified 60,000
Pick-A-Pays through its own programs.
Investors argue that slashing monthly payments or forbearing
principal - when portions of the loan balance is deferred - won't
help many option ARM borrowers because they are so upside down on
their mortgages.
The concern with principal forbearance is that people may still
owe much more than their house is worth, argued Michael Henriques
of Magnetar Capital, a mortgage investor. "There's no material
incentive to maintain or take care of it," he said. That
deterioration drags down the property values of the neighboring
houses as well, prolonging the housing recovery, Henriques
added.
Spokesmen for Bank of America and JPMorgan declined to
comment.
Bank of America valued the pay-option loans it acquired when it
bought Countrywide Financial Corp. at $23.2 billion as of December
31, 2008. Meanwhile, JPMorgan holds nearly $40 billion of option
ARMs from its acquisition of Washington Mutual last year.
-By Jessica Holzer, Dow Jones Newswires; 202-862-9228;
jessica.holzer@dowjones.com