Homeowners with second lien mortgages bailout

04/28/2009 12:57:00 PM

Homeowners with second lien mortgages can now receive handouts from the Federal government. Second lien mortgages were used for purchasing homes without any downpayment in many cases.  Another little detail snucked in the guidelines says principal writedowns are required now. What’s next ?
Here are details from the press release (Bold is mine).

——————————————————————————————————
Making Home Affordable
… today we are announcing additional details on the Second Lien Program and the integration of Hope for Homeowners into the MHA Program.
Millions of workers have lost their jobs or had their hours cut, and are now struggling to stay current on their mortgage payments. As a result, as many as 6 million families are expected to face foreclosure in the next several years, with millions more struggling to stay current on their mortgage payments. Second liens contribute to the number of American homeowners unable to afford their housing payments. Even where a first mortgage payment may be affordable, the addition of a second mortgage payment can increase monthly payments beyond affordable levels. In addition, second mortgages often complicate or prevent modification or refinancing of a first mortgage. We estimate up to 50 percent of at-risk mortgages currently have second liens. By offering homeowners a way to lower payments on their second mortgages through our Second Lien Program, we may potentially reduce payments further for up to 1 to 1.5 million homeowners, accounting for up to 50 percent of participants in the Home Affordable Modification Program, as well as maximize the effectiveness of our first lien modification program. The program ensures that first and second lien holders are treated fairly and consistent with priority of liens.
Separately, the integration of an improved Hope for Homeowners program will help underwater borrowers, who often face heightened risks of foreclosure, by requiring principal writedowns to help homeowners increase the equity they own in their homes.
These new details on the Second Lien Program and the integration of Hope for Homeowners mark ongoing progress of the Making Home Affordable Program in improving mortgage affordability for responsible homeowners and keeping more Americans in their homes.

1. Second Lien Program To Create a Comprehensive Affordability Solution for Homeowners: We
estimate up to 50 percent of at-risk mortgages have second liens. Even if a first lien is modified to create
an affordable payment, second liens can contribute to much higher foreclosure rates if not addressed. The
Second Lien Program coordinates with the first mortgage modification program to lower payments on
second liens and offer a comprehensive affordability solution for homeowners, helping keep more than a
million Americans in their homes. In some cases where appropriately tailored to the borrower, servicers
may also choose to accept a lump-sum payment from Treasury to extinguish some or all of a second lien.

• A Second Lien Program to reach up to 1 to 1.5 million homeowners, and potentially reduce
payments further for up to 50 percent of participants in the Home Affordable Modification
Program: The Second Lien Program will be a complementary program to the first lien
modification program. It is intended to reach more than a million responsible homeowners who
are struggling to afford their mortgage payments because of the current recession, yet cannot sell
their homes because prices have fallen so significantly. In the current economy, in which 5.1
million jobs have been lost over the past 14 months, millions of hard working families have seen
their mortgage payments rise to 40 or even 50 percent of their monthly income – particularly if
they received subprime and exotic loans with exploding terms and hidden fees. The Second Lien
Program will help create a sustainably affordable mortgage payment for millions of homeowners
who qualify for a first mortgage modification, yet still face challenges in affording their monthly
payments because of a second mortgage.

• Shared Efforts with Lenders to Reduce Second Mortgage Payments:

Making Home Affordable will share the cost with lenders of reducing payments for
homeowners on second mortgages.

o For amortizing loans (loans with monthly payments of interest and principal),
we will share the cost of reducing the interest rate on the second mortgage to
1 percent. Participating servicers will be required to follow these steps to
modify amortizing second liens:

.. Reduce the interest rate to 1 percent;

.. Extend the term of the modified second mortgage to match the term
of the modified first mortgage, by amortizing the unpaid principal
balance of the second lien over a term that matches the term of the
modified first mortgage;

.. Forbear principal in the same proportion as any principal forbearance
on the first lien, with the option of extinguishing principal under the
Extinguishment Schedule;

.. After five years, the interest rate on the second lien will step up to
the then current interest rate on the modified first mortgage, subject
to the Interest Rate Cap on the first lien, set equal to the Freddie Mac
Survey Rate;

.. The second mortgage will re-amortize over the remaining term at the
higher interest rate(s); and

.. Investors will receive an incentive payment from Treasury equal to
half of the difference between (i) the interest rate on the first lien as
modified and (ii) 1 percent, subject to a floor.

o For interest-only loans, we will share the cost of reducing the interest rate on
the second mortgage to 2 percent. Participating servicers will be required to
follow these steps to modify interest-only second liens:

.. Reduce the interest rate to 2 percent;

.. Forbear principal in the same proportion as any principal forbearance
on the first lien, with the option of extinguishing principal under the
Extinguishment Schedule;

.. After five years, the interest rate on the second lien will step up to
the then current interest rate on the modified first mortgage, subject
to the Interest Rate Cap on the first lien, set equal to the Freddie Mac
Survey Rate;

.. The second lien will amortize over the longer of the remaining term
of the modified first lien or the originally scheduled amortization
term, with amortization to begin at the time specified in the original
contract;

.. Investors will receive an incentive payment from Treasury equal to
half of the difference between (i) the lower of the contract rate on the
second lien and the interest rate on the first lien as modified and (ii)
2 percent, subject to a floor.

• Pay-for-Success Incentives for Servicers and Borrowers:

o The Second Lien Program will have a pay-for-success structure similar to the
first lien modification program, aligning incentives to reduce homeowner
payments in a way most cost effective for taxpayers.

.. Servicers can be paid $500 up-front for a successful modification
and then success payments of $250 per year for three years, as long
as the modified first loan remains current.

.. Borrowers can receive success payments of up to $250 per year for
as many as five years. These payments will be applied to pay down
principal on the first mortgage, helping to build the borrower’s equity
in the home.

• Payment Schedule to Compensate Lenders for Extinguishing a Second Mortgage:

o As an alternative to modifying the second lien, lenders/investors will have
the option to extinguish second liens in exchange for larger payments under a
pre-set formula. This will allow second lien holders to target principal
extinguishment to the borrowers where extinguishment is most appropriate.
For loans that are more than 180 days past due at the time of the
modification, the lender/investor will be paid three cents per dollar of UPB
extinguished.

• Table: Extinguishment Price Schedule: Per Dollar of UPB in LTV range
(Loans less than 180 days past due)

Second-Lien LTV Range

Back-End
DTI
< 110
110 to 140
> 140

> 55 %

0.09
0.06
0.04

< 55 %

0.12
0.09
0.06

• Clear and Consistent Guidelines for Second Lien Modifications: As with the first lien
modification program, the Second Lien Program provides clear and consistent guidelines for
modifying both amortizing and interest-only second liens. A lack of common standards has
limited loan modifications of both first and second liens in the past, even when modifications are
likely to both reduce the chance of foreclosure and raise the value of the securities owned by
investors. Mortgage servicers, who should have an interest in instituting common-sense loan
modifications, often refrain from doing so because of a lack of clear standards. Clear and
consistent guidelines for modifications are a key component of foreclosure prevention.

• Automatic Modification of a Second Lien When a First Lien is Modified: The Second Lien
Program will facilitate automatic modification of a second lien when a first lien is modified for
participating servicers, to ensure a comprehensive affordability solution for borrowers.

• Second Lien Modification May Not Delay First Lien Modification: The Second Lien Program
will be a voluntary parallel program to the first lien modification program. Modification of a
second lien will not delay modification of a first lien. The modification offer for a second lien
under the program will occur as soon as the second lien servicer is able to prepare the terms and
contact the borrower.

• Cost-Effective for Taxpayers: To protect taxpayers, the MHA Second Lien Program will focus
on sound modifications. All the payments are designed around the principle of “pay for success.”
Borrowers, servicers and lenders/investors all have aligned incentives under the program to
complete successful modifications at an affordable and sustainable level.

2. Support for Hope for Homeowners: An improved Hope for Homeowners program can offer an
important avenue for struggling borrowers to obtain a sustainable mortgage. Hope for Homeowners can
particularly benefit underwater borrowers by helping to increase the equity they own in their homes.
These additional supports are designed to work in tandem and take effect with the improved and
expanded program under consideration by Congress.

• Inclusion of Hope For Homeowners in the Making Home Affordable Program: Making Home
Affordable will include Hope for Homeowners as an important element of a comprehensive
program to help responsible homeowners improve affordability of their mortgages and avoid
preventable foreclosure.

• Requirement that Servicers Seek Hope for Homeowners Refinancing in Tandem with a
MHA Trial Modification: When a borrower is in a trial Home Affordable Modification, a
servicer will be required to evaluate a borrower for a Hope for Homeowners refinance
and to offer the refinancing opportunity to the borrower if he or she qualifies. If a servicer
determines the borrower is eligible for a Hope for Homeowners refinance in the initial
discussion with the borrower, the servicer is required to also offer the refinance at the
same time as the trial modification offer.

• Pay-For-Success Incentives Similar to Other MHA Modifications: Servicers and
lenders who help make mortgages more affordable for struggling homeowners through
Hope for Homeowners will receive pay-for-success incentive payments similar to the
incentive payments offered for Home Affordable Modifications.

o Servicers can receive a $2,500 up-front incentive payment for a successful Hope
for Homeowners refinancing.

o Lenders who originate the new Hope for Homeowners refinanced loans are
eligible for success fees of up to $1,000 per year for up to three years, so long as
the refinanced loan remains current.

o These incentive payments will only be available to servicers and originators who
are participants in the Making Home Affordable Program.

• More Principal Writedowns to Help Underwater Borrowers: Hope for Homeowners offers
homeowners mortgage refinancings that include principal writedowns. This will allow
underwater borrowers to increase the amount of equity they own in their homes. Underwater
borrowers are more likely to be at risk of foreclosure, so increasing equity for these homeowners
through Hope for Homeowners will be an important tool for the Administration in preventing
avoidable foreclosures and keeping Americans in their homes.

• Support for Legislation to Strengthen Hope for Homeowners: In order to ensure that many
more borrowers are able to participate in Hope for Homeowners, we are working to improve the
program and actively pursuing legislation so that the FHA may reduce fees paid by borrowers,
increase flexibility for lenders to refinance troubled loans, permit borrowers with higher debt
loads to qualify, and make further improvements to strengthen Hope for Homeowners so that it
can function effectively as an integral part of the Making Home Affordable Program.

• Treasury Purchase of Special Ginnie Mae Pools to Provide Liquidity for Hope for
Homeowners Loans: Under HERA authority, Treasury or the GSEs would purchase special
Hope for Homeowners Ginnie Mae IIs wrapped by the GSEs. These purchases will increase
secondary market liquidity for new Hope for Homeowners loans, supporting additional assistance
to homeowners.

Helping Homeowners with the Second Lien Program: Two Cases
Family A: Amortizing Second Mortgage

In 2006: Family A took out a 30-year closed-end second mortgage with a balance of $45,000 and an interest rate of 8.6%.

Today: Family A has an unpaid balance of almost $44,000 on their second mortgage.

Under the Second Lien Program: The interest rate on Family A’s second mortgage will be reduced to 1% for five years. This will reduce their annual payments by over $2,300.

After those five years, Family A’s mortgage payment will rise again but to a more moderate level.
Existing Mortgage
Loan Modification
Balance
$43,942
$43,942
Remaining Years
27
27
Interest Rate
8.6%
1.0%
Monthly Payment
$349.48
$154.81
Savings
$195 per month, $2,336 per year for five years


Family B: Interest-Only Second Mortgage

In 2006: Family B took out an interest-only second mortgage with a balance of $60,000, an interest rate of 4.4%, and a term of 15 years.

Today: Family B has $60,000 remaining on their interest-only second mortgage because none of the principal was paid down.

Under the Second Lien Program: The interest rate on Family B’s interest-only second mortgage will be reduced to 2% for five years. This will reduce their annual interest payments by $1,440.

After those five years, Family B’s mortgage payment will adjust back up and the mortgage will amortize over a term equal to the longer of (i) the remaining term of the family’s modified first mortgage (e.g. 27 years if the first mortgage had a 30 year term at origination and was three years old at the time of modification) or (ii) the originally scheduled amortization term of the second mortgage.
Existing Mortgage
Loan Modification
Balance
$60,000
$60,000
Remaining Years
12
27 (term reset to the remaining term of the modified first loan)
Interest Rate
4.4%
2.0%
Monthly Interest Payments
$220
$100
Savings
$120 per month, $1,440 per year for five years


Comments

  1. I wonder how this will work when you have two diffrent servicers?

    Renee - May 6, 2009 11:29 am

  2. I have not found any further news on who is doing these modifications. Had anybody heard anything or is it just another failed policy

    Larry - June 22, 2009 2:37 pm

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