Since the Obama administration has negotiated a $25 billion dollar mortgage settlement with 49 states and the 5 largest mortgage servicing banks, it is not likely to significantly help the vast majority of homeowners in crisis, and here’s why.
“The latest mortgage settlement will have little to no impact on the current real estate market. It is limited to non-government backed loans, which accounts for less than 40 percent of the existing loans. If homeowners can’t afford their homes today the majority won’t be able to afford it tomorrow even under the new settlement. Distressed homeowners need to understand all their options and the associated tax and credit implications,” explained Andee Allen of Coldwell Banker Liberty Realty.
While the five mortgage servicing banks will benefit by release from further state claims due to improperly circumventing procedures prior to moving forward on foreclosure, there is no “typical” outcome for the entire pool of homeowners that suffered the negative impact of robo-signing. Some proportion of homeowners have already lost their home to banks and should expect to receive small amounts of compensation, while others remain in their home or are “merely” underwater and may expect an improvement in loan terms.
Note that individual homeowners still retain the right to legal action despite this umbrella settlement, but their ability to pursue banks as a group, would end. And of course, by not joining together, the power of such remedy is greatly diminished.
The disbursement of the $25 billion dollars
The $25 billion is earmarked for distribution over 3 years, with incentives for giving out a larger proportion of the payout in the first year. Since we know from recent experience that there were significant problems with monitoring and enforcement by governmental authorities for oversight of previous mortgage settlement programs, it is not unreasonable to assume that similar complications will arise. (For example, Moody’s Investor Service, New York, predicted in late 2010 that only 400,000 to 1 million homeowners would be saved from foreclosure by participating in the Home Affordable Modification Program, a fraction of the 3-4 million that the U.S. government had projected would benefit.)
Nonprofits that seek to assist homeowners would do well to get in the game early, to lobby on behalf of households for what they have owing and due, and meticulously attend to what their clients receive (or don’t receive) within the legal timeframe that is set.
The lump sum payment anticipated for each “eligible homeowner” who has actually lost their home, is projected to be about $1,800-$2,000 apiece. The legislation strictly defines what comprises an “eligible homeowner.” It includes borrowers who were not offered appropriate opportunities for loss mitigation, other borrowers whose documents were automatically signedwithout the plaintiff properly producing a note as evidence that they have the right to foreclose, foreclosure victims who were on the receiving end of counterfeit and altered documents, and similar instances of fraud. Homeowners also must have lost their home between January 1, 2008 and Dec. 31, 2011, in order to qualify.
The mortgage settlement provides for $17 billion, to be set aside for principal reduction and other modifications of existing loans, in order to prevent future foreclosures. Three-fifths of this $17 billion is tied explicitly to principal reduction. This was a particular sticking point for mortgage servicers, who argued that due to investor obligations and the fact that such mortgages had already been bundled and securitized to Fannie Mae, Freddie Mac and the stock market, the reduction of principal was not pragmatic. However, in the final negotiation, this compromise would seem to represent a softening of the banks’ position, although how it plays out is anybody’s guess since it “seems that the banks can get credit for the principal reductions they offer rather than have to pay toward the actual settlement penalty.”
Homeowners whose loans greatly exceed the current appraised value of their homes—what is commonly known as being “underwater”—will be entitled to $3 billion of the settlement.
Who the $25 billion loan settlement will not help
The five banks that are participating in the mortgage settlement include Wells Fargo, Citigroup, Ally Financial, JP Morgan Chase and Bank of America. Homeowners whose mortgage servicer is not among this group, are out of luck. It is estimated that more than half of all homeowners in America have mortgages with other banks, with Fannie or Freddie Mac, or with the FHA. And in a state like California that is devastated by foreclosure, only 40% of mortgages across the state come from one of the five lenders named above.
However, California and Florida will both greatly benefit from this boon to their housing market. In fact, homeowners in California will get a chunk of change worth about $18 billion, from the mortgage settlement.
Put another way, it is estimated that the settlement may help as many as 1-2 million homeowners whose home value is below the amount they owe on the mortgage. However, one source estimates that there are 11 million homeowners that are underwater.
How would the average Joe fare if he were underwater, but did not miss any payments?
According to Deborah Jacobs of Forbes, the mortgage settlement offers people who are up to date on payments but suffer a valuation below the amount they owe, roughly $3,000 a year in savings by refinancing with the FHA.
How would the average Joe fare if he were delinquent on his mortgage?
This really depends upon how many states actually sign on to the deal, but the law does not provide a specific, minimum amount of mortgage relief by state.
How large is the number of former homeowners that qualify for the $2,000 compensation contained in the mortgage settlement?
About three-quarter of a million families were ousted from their home during the qualifying period, and meet the conditions necessary to receive compensation.
prices are the root of the problem in Beverly Hills.