Mortgage Modifications Still Uncommon Despite Huge Losses From Liquidation Sales

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The Huffingtonpost   |  Matthew Palevsky
First Posted: 07- 6-09 01:04 PM   |   Updated: 07- 6-09 05:53 PM

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Despite efforts by the Obama Administration to stave off foreclosures by providing incentives for banks to modify mortgages for distressed homeowners, the Office of the Comptroller of Currency reported that foreclosures in progress rose 22 percent in the first quarter and was 73 percent higher than during the first quarter last year.

Foreclosures are up, in part, because convincing a bank to adjust the interest or principle on a mortgage has been a herculean task for the government and homeowners alike. In our Dispatches from the Displaced feature, we have heard from many homeowners who spent endless hours on the phone over many months to work out a financially viable mortgage with their bank. Some were successful, many have not been and others have fallen victim to mortgage scams out of desperation.

These families' primary complaint has been the dearth of information regarding how likely they are to receive a modification. They want to know if they should sell their house now and possibly go into bankruptcy, or hold out for a modification. Not having the information to make this decision has been torturous for struggling homeowners.

VeeAlva Adams, from New Mexico, wrote in to tell us that while she was led to expect a rapid response to her loan mod application, her bank continued to delay their response:

Wells Fargo said that I would be notified in 30 days about whether or not I qualified for help with [loan] restructuring. I contacted them every week to see if there was progress. After 30 days, they said it could be as much as 60 days. After 60 days, they said it could be as much as 90 days and now, long story short, as of last week they said they might not have an answer for me "indefinitely."

Mrs. Adams doesn't know whether or not to keep waiting. This weekend, the New York Times spoke with Alan M. White, an assistant professor at the Valparaiso University law school in Indiana who analyzed data on 3.5 million mortgages held by some of the nation's largest loan services companies, such as Bank of America, Chase Home Finance, Litton Loan Servicing, and Wells Fargo -- the company responsible for putting these mortgages into large securitization pools.

Mr. White found that modifications were rare, and mods that actually reduced a homeowner's principal were even rarer, despite the fact that banks lose far more from selling foreclosed houses than they do from reducing principal on mortgages.

In June, the data show almost 32,000 liquidation sales; the average loss on those was 64.7 percent of the original loan balance[...]
Given losses like these, Mr. White said he was perplexed that lenders and their representatives were resisting reducing principal when they modify loans. His data shows how rare it is for lenders to reduce principal. In June, for example, 3,135 loans -- just 17.2 percent of the total modified -- involved write-downs of principal, interest or fees. The total loss from these write-downs was just $45 million in June.

And yet, the losses incurred in foreclosure sales involving loans in the securitization trusts were a staggering $4.59 billion in June. "There is 100 times as much money lost in foreclosure sales as there was in writing down balances in modifications," Mr. White said. "That is not rational economic behavior."

According to Mr. White, banks are hesitant to provide substantive modifications to struggling homeowners, even when refusing to lower interest rates could mean losing considerably more by selling the house in this barren market.

There is no precedent for widespread mortgage modifications, so banks need to guess at how modifying mortgages will affect their bottom line. The Huffington Post wants to hear from the decision makers in this process, those who choose between offering a modification and letting a family fall into foreclosure. If you are one of these people, please tell us your story by emailing us here.

Despite efforts by the Obama Administration to stave off foreclosures by providing incentives for banks to modify mortgages for distressed homeowners, the Office of the Comptroller of Currency reporte...
Despite efforts by the Obama Administration to stave off foreclosures by providing incentives for banks to modify mortgages for distressed homeowners, the Office of the Comptroller of Currency reporte...
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The housing delinquencies and foreclosures have seen an alarming rise in the first quarter of this financial year. Among the 34 million loans that are tracked by The Office of the Comptroller, the foreclosure rates rose by 22% and surprisingly, this is a 73% increase as compared to the same period last year. This puts forth a question whether the banks and policymakers are intelligently tackling the problem.

I think the situation would deteriorate even further due to

* Massive Job losses
* There Is No Demand
* Since May, Mortgage Rates Have Gone Up
* Too Much Supply
* Option ARM – The Next Wave of Default
* Market Psychology

Recently read an article on a similar premise.

http://www.housingnewslive.com/is-the-housing-market-recovering.php

    Favorite    Flag as abusive Posted 02:38 PM on 07/08/2009
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I helped my father to fill out a loan modification application in April. He got sick and his income got cut significantly. Now the mortgage payment consume 70% of his monthly income. I've called Chase regularly for the last 2 months. Now they just told me we have to wait another 30 days to get an "underwriter" who will spend another 30 days deciding if we are eligible for modification.

    Favorite    Flag as abusive Posted 02:39 PM on 07/07/2009
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Prof. White states in his summary covering 5/26/09 to 6/25/09 period that there "were 10.2 times as many liquidated foreclosures as there were mortgage modifications with write‐offs". http://www.valpo.edu/law/faculty/awhite/data/june09_summary.pdf
There's a good reason mortgage modifications haven't been embraced by mortgage servicers and i-banks.
"Foreclosure is frequently more profitable to servicers than loan modification. Therefore servicers are incentivized to foreclose rather than modify loans, even if modification is in the best interest of the MBS holders and the homeowners­." Short 5 page piece by Prof. Adam J. Levitan well worth reading. http://www.law.georgetown.edu/faculty/levitin/documents/MBSModificationIssues_000.pdf
Servicers gorge themselves on default servicing fees and other ill gotten gains from Mortgage Servicing Fraud while manufacturing defaults for i-banks so they can win at rigged credit default swap casino. No small wonder, having milked these mortgages for all they could get out of them, they are selling REOs at give away prices, rather than having to deal w/ maintainance, property taxes, insurance and vandalism. I-banks and mortgage servicers have $$$ incentive to manufacture defaults. They'll do a few mods to generate some positive press spin, make it look like they're doing the right thing, taking focus away from the fact that they are ripping off homeowners, investors, monoline insurers and now . . . American taxpayers.
Servicers have received $17,980,830,000 in TARP funds to date as "incentive payments for mortgage modifications".

    Favorite    Flag as abusive Posted 02:04 PM on 07/07/2009

We are borrowing the stimulus money. More stimulus is equivlent to throwing gasoline on the fire. We can't possible pay the debt back... legitemately. The government will use inflation to cheapen the debt. Unfortuneatly, this will hurt the poor, the working class, and the elderly on fixed income. Reckless government spending is not a Liberal value. http://www.alexandria.lib.va.us/link/redir.pxe?www.iamned.com

Stimulus is a joke of a concept; it doesn't end up with real economic growth in the long term. Even the New Deal failed to increase private investment. It wasn't until 1941 that domestic private investment reached 1929 levels. The fact that the first stimulus has failed to stop the bleeding yet isn't surprising. Our government deficit for the year which is over 20% of GDP (when the omnibus bill, first stimulus, bailouts, and on-budget deficit are summed) is unsustainable and something's gotta give, whether it be the lenders or the interest rates.

hat tip to http://www.alexandria.lib.va.us/link/redir.pxe?www.iamned.com

    Favorite    Flag as abusive Posted 01:11 PM on 07/07/2009
- Lorianne I'm a Fan of Lorianne 60 fans permalink
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Yet another of these stories ... from a site sporting a Di-Tech ad no less.

    Favorite    Flag as abusive Posted 12:57 PM on 07/07/2009
- mjtaylor22 I'm a Fan of mjtaylor22 38 fans permalink
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I applied for a modification, waited two weeks and called in,
The guy told me "I am glad you called, I now know we have your docs and paystubs.' "It will take me about a month, month n a half to get back to you on this, I am going on vacation and their are others in front of you, I'm sure"

We are talking a 2 month wait to even hear if they will review and find in my favor for modification
Or if I am left floating in the wind anyway and by then it will be too late.
Never should have given the banks the money, the homeowners needed it; the banks just did not want to miss their bonus this year.

the banks are dragging their feet intentionally

    Favorite    Flag as abusive Posted 11:02 AM on 07/07/2009

Modification is very hard or nearly impossible ,

The secret that the government , nor the main street media are telling the public ...is that their is no real lender left out there.
Thats why the servers are not interested in modification ...because they don't have the title of your home , and can't negotiate anything.
The Wall Street scam banks are using the Court system to fast tract foreclosures and are winning . The homeowners do owe the mortgage , but not to these scam artist.
Most home 98% owners don't fight back ...thinkin­g well I do owe the mortgage..
Yes but the real owner of your mortgage is an unknown investor in a Pool of Mortgages spread out into Tranches ,and resold many times . The Wall Street Scam artist have been paid many times over. with their credit swaps, and other insurance tricks. Since they own the servers companies , they look for delinquent accounts , and they are making more money again by scaming the home owners out of there home..when they don't have the legal right to do so. If a homeowner fights back and makes an effort to study his mortgage , ..who has a mortgage lien on your property ? Is the firm that is foreclosing you the same company that originated your mortgage lien and loan , or is it a new name. This investigation can open many defense options to fight the foreclosur­e...
. Lu-Miri

    Favorite    Flag as abusive Posted 06:51 AM on 07/07/2009

When a bank "lends" money on a mortgage, this does not mean that any bank assets are put at risk. It is simply an entry on the books. Abracadabra: POOF! New money. If the homeowner fails to pay and the bank "repossesses" the home, the bank has lost nothing! Their balance sheet is not as pretty, and that is what motivates them to behave as they do, the balance sheet. but it's all fiction. There is no actual money transferred; it is just accounting entries. Ah, the magic of fiat money, issued and controlled by the bank known as the "Federal Reserve" -- not a government agency but a private bank owned by private banking interests.

    Favorite    Flag as abusive Posted 05:43 AM on 07/07/2009
- sc92705 I'm a Fan of sc92705 5 fans permalink

The simplest approach is a mandated across the board mortgage reduction to 3%/40 years for everyone.

    Favorite    Flag as abusive Posted 11:51 PM on 07/06/2009

Apparetnyl, the larger picture is not being seen here.

Why modify a loan and lose a lot of money on the principal when most of these people probably cannot afford the modified loan either? Then the banks face even more of a loss when the party defaults on the modified loan.

Take the hit now, sell the home at a loss and wait for someone who can actually afford a mortgage to make the payments.

    Favorite    Flag as abusive Posted 11:45 PM on 07/06/2009
- wietog I'm a Fan of wietog 25 fans permalink
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It costs more to take the "hit" now. Think about it:

Owner X: owes $350,000 and pays $2500 a month. House is now worth $275,000. ($75K loss)

Owner Y: owes $275,000 and pays $1750 a month.

If Owner X keeps the house, but has reduced payments of $1750 per month, the bank SAVES $75K, plus any costs to manage the foreclosure (processing, likely damage to property, selling costs, etc.)

And, the bank can simply elongate the loan to make up for the initial reduced payments or put a limit on how long the reduced payments will stand (say 2 years).

Except for the concept of insurance payments making a foreclosure more appealing to a bank, why wouldn't they agree to this? Oh, and the foreclosure of course affects OTHER PROPERTIES in the neighborhood.

How many of us are taking paycuts? Why can't the BANKS???

    Favorite    Flag as abusive Posted 04:04 AM on 07/07/2009

I don't see where the saving of 75k happens, on your math. but I do believe I understand the point you were trying to make.

Even if what you said was exactly as it occurred, how does a bank stand to benefit if the person cannot afford the mortgage because of a loss of job, reduction of hours for work, or inadequate income? I think it is safe to say that most of the foreclosures are not happening because the value of the home has gone down. That means almost nothing in terms of payments in almost every loan out there. They happen because of loss of income, or the buyer did not pay attention to the true cost of an ARM or interest only loan.

Why modify if the person does not have means to pay for it?

If the bank has a decrease in value of 75k of the home and they modify the principal, they lose that money, no matter who makes the payments. It makes more sense to spend the costs of foreclosure on the home and auction it off to a party who wants to take advantage of a lower cost and can actually pay for it. Then they write off the loss.

I recently attended an auction for foreclosed homes. The homes I was interested in were worth "X". The bidding started below "X" and all three sold higher than the value because the bidder was still getting a deal by the lower price.

    Favorite    Flag as abusive Posted 05:27 PM on 07/07/2009
- mjtaylor22 I'm a Fan of mjtaylor22 38 fans permalink
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it would be different if they were not complicit in artificailly inflated home prices corruption and the like.
so u say it is ok to wash their hands of the very people they worked so hard to swindle.
stated like a true wing nutt
it is just business huh

    Favorite    Flag as abusive Posted 11:06 AM on 07/07/2009

Do you frequently enter into the biggest purchase of your life without reading the contract? There is so much talk on this site about corruption on the banks part, yet the commenters say nothing about the responsibility of the buyer. Sure there is corruption. But I think its just as reasonable to say that there are more straight-shooters out there who had a buyer not pay attention to what they were getting into, or lie about their income, or now have a loss of income through no fault of the bank.

And talk all you want about inflated home prices. There are plenty of buyers who purchase at the price listed and make their payments just fine.

I am simply saying that it is time to stop giving money to the banks AND bailing out irresponsible home buyers and let both return to the beginning and start over.

    Favorite    Flag as abusive Posted 05:31 PM on 07/07/2009
- homerman I'm a Fan of homerman 4 fans permalink
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Pres. Obama - It's time to get tough with the banks. You have given them all our money and have asked for NOTHING in return! Solve this soon or risk losing in 2012.

    Favorite    Flag as abusive Posted 11:43 PM on 07/06/2009

So the banks should continue to foreclose on these homes, let the unemployment skyrocket, and they can throw every dime they want at the banks! When no one is working, there won't be any taxes for the government to give them! And the government can go broke paying out food stamps, unemployment, medicaid, etc because no one will be able to help themselves!

    Favorite    Flag as abusive Posted 11:33 PM on 07/06/2009
- dnpvd51 I'm a Fan of dnpvd51 3 fans permalink

I should have bought an overpriced house like the rest of the whining homeowners and then demanded that the government change the terms of the loan.

    Favorite    Flag as abusive Posted 11:32 PM on 07/06/2009
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the problem, though, is that everyone is affected by house after house after house going into foreclosur­e...even people like you who were responsible in their purchases.­..property values go down, yours included, when homes in your area go into foreclosur­e....peopl­e foreclosed upon become homeless, need assistance, use public resources formerly for the exception which has now become the rule....i don't understand why some people just don't get it, that helping people stay in their homes benefits all of us as a society...­..?

    Favorite    Flag as abusive Posted 12:35 AM on 07/07/2009
- Lorianne I'm a Fan of Lorianne 60 fans permalink
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Prices of homes are going down regardless.
Putting the entire country into deeper debt hurts everyone ... even people not yet born.

In about 20 years we're going to hear from the people most affected by this and I doubt they'll be kind to us.

    Favorite    Flag as abusive Posted 04:15 PM on 07/07/2009
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oops, just scrolled down and see where you said you rent .... but still, could be your landlord that goes into foreclosure and then where would you be?

    Favorite    Flag as abusive Posted 12:37 AM on 07/07/2009
- Lorianne I'm a Fan of Lorianne 60 fans permalink
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Yep. People who bought within their means, or paid off their mortgages ... suckers.

    Favorite    Flag as abusive Posted 01:56 AM on 07/07/2009
- sc92705 I'm a Fan of sc92705 5 fans permalink

Is Obama really that naive to believe the banks will lend more because he asked them nicely?
Or is he just a posturing fool politician?

    Favorite    Flag as abusive Posted 11:24 PM on 07/06/2009
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9 Months and still NO SOLUTION IN SIGHT!

That is when Obama and McCain promised relief on Home Foreclosures!

    Favorite    Flag as abusive Posted 11:22 PM on 07/06/2009
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