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For The "Lucky Few" Who Renegotiate Their Mortgages, Towering Debt Remains

First Posted: 03/18/10 06:12 AM ET Updated: 05/25/11 03:25 PM ET

Loan Mods

A Huffington Post analysis of recent mortgage-modification data shows that even those relatively few homeowners fortunate enough to renegotiate their loans are almost never getting lenders to forgive any of the principal. Instead, monthly payments are being cut either by lowering inflated interest rates, extending the duration of the loan repayment, or simply postponing the day of reckoning by setting up large balloon payments decades down the line.

Furthermore, President Obama's much heralded $75 billion plan to prevent foreclosures is essentially limited to people who still hold a job -- leaving many of the approximately 10 percent of Americans who are unemployed with no more options than they had before.

In short, there is some relief for homeowners who haven't lost their jobs and were paying high interest rates - but not so much for people who've lost their jobs, bought a house that they can't afford, or now have significant negative equity due to the bursting of the housing bubble. For them their burdens remain.

The relative failure of Obama's plan is a particular disappointment, consumer advocates say. After spending hundreds of billions of dollars in bank bailouts, the administration proposed a plan that would pay mortgage servicers for successfully modifying eligible delinquent home loans. Investors that owned securitized mortgages that were modified would get paid, too. Most importantly, distressed homeowners would get to keep their homes.

Despite the incentives, the program hasn't been a roaring success. The administration originally said it would "help up to three to four million at-risk homeowners avoid foreclosure by reducing monthly mortgage payments." Thus far, about 500,000 homeowners have been placed in three-month trial plans. Though it's still early on (the program was launched in March), as of Sept. 1 only 1,711 of the trial modifications had become permanent.

Here is a summary of the plan's progress from the Congressional Oversight Panel:

For those lucky enough to get a permanent modification, principal forgiveness is not in the cards. While interest rates are being brought down, as are monthly payments (on average a $500/month decrease), the overall amount owed isn't changing.

In fact, in some cases the amount of the loan is actually going up. That's because the life of the loan is expanding. Rather than reducing the overall amount owed, lenders and servicers are mostly lowering the monthly payment (temporarily) and making borrowers pay for longer. So instead of having 20 years left on a mortgage, for example, it could be 25 years. Loan modifications outside of the government's program are no different. Principal forgiveness is rare, and virtually non-existent in securitized mortgages.

In fact, balloon payments -- instances when a large amount of the money owed is due at the end of the mortgage in full -- are more common than principal forgiveness. From data on modifications of securitized home mortgages, courtesy of Fitch Ratings:

All of this suggests that investors and lenders are willing to take the hit for having enabled and charged high interest rates -- but are still refusing to take responsibility for having underwritten excessively large loans, at overly inflated prices.

More bad news comes from a recent report from the Congressional Oversight Panel, which concluded that "it increasingly appears that [the program] is targeted at the housing crisis as it existed six months ago, rather than as it exists right now."

What's changed is the rising unemployment rate. Because eligibility under Obama's plan requires certain levels of income (depending on one's monthly mortgage payment), the unemployed -- without other sources of cash -- could be shut out.

And the panel doesn't expect the modification rate to go up, seeing as "servicers may initially move to modify the easiest surest cases, and the most motivated and organized homeowners are likely to be among the earlier applicants."

And unfortunately, in the end, a significant number of modified loans will eventually re-default. A sobering chart:

And don't expect anyone to ride to the rescue. Freddie Mac, the agency empowered to police the Obama plan -- like getting to the bottom of why otherwise-eligible homeowners are getting rejected for loan modifications -- is falling down on the job, according to a recent government watchdog report described by the nonprofit investigative news organization ProPublica.



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A Huffington Post analysis of recent mortgage-modification data shows that even those relatively few homeowners fortunate enough to renegotiate their loans are almost never getting lenders to forgive ...
A Huffington Post analysis of recent mortgage-modification data shows that even those relatively few homeowners fortunate enough to renegotiate their loans are almost never getting lenders to forgive ...
 
 
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12:12 PM on 10/25/2009
Thank you for Shashien for this article! Keep up the great reporting!
Our mortgage was sold; we were never notified. Our first attempt to modify, we were told by servicing company, National City, there were investor's on our loan and should wait until the investor decided to adopt the HAMP plan. NCM gave us a forbearance agreement and lowered the payment for four months.

Two months later we were notified that the servicer was changed to GMAC Mortgage. We had to start the modification over again. GMAC would not accept agreements from NCM. GMAC asked for our loan docs at the start of servicing our mortgage, stating docs hadn't been transferred yet. Aren't they supposed to have the originals? Our title changed to GMAC as lender this month.

We have been sent modification docs that conflicted within themselves; have $50,000 in arrears interest, fees, servicing charges. Are signed up for the HAMP plan; GMAC wants us agree to principal increase. We won't sign it. Now, we don't qualify for HAMP, because we are not going through "trial" payment period on an amount we don't agree to. We have been told by GMAC, "This is it, there is no negotiations with the documents."

We need another solution. We will not settle for anything less than principal reduction on a modification. Or we need to find a great attorney in OR to help us.

DO NOT SIGN! - homeowners revolt against unfair mortgage practices and bogus modifications! alldebtmods.com - Our Story
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HUFFPOST SUPER USER
IndependentMeans
Some people are wise, and some are otherwise.
05:42 PM on 11/30/2009
GMAC approved us for permanent modification a few weeks ago. It was hell to go through, but for us, kept us in our home. We were never behind in payments though, and we have income to make our payments. We just had to change our 15 yr. loan to 23 years, and went from 6% to 2% currently, caps at 5% for the life of loan in five years.

I feel incredibly grateful to President Obama for making this possible. Under President Bush, we were denied two times. I was specifically told this was made possible by the Obama's Loan Modification program.
10:28 PM on 10/24/2009
buying homes is a gamble

buying stocks is a gamble.

hell getting married is a gamble..

if things dont work out the way you thought, govt should come in and make up for the difference??
03:01 PM on 10/23/2009
This is a two year program. In the first three months, 500,000 people have been brought in. So saying this:

"The administration originally said it would "help up to three to four million at-risk homeowners avoid foreclosure by reducing monthly mortgage payments." "

and that the program has not been successful is misleading. Since the author can't complain about the program not being on track, he switches to complaining about the way payments are lowered to 1/3 of imcome:

"For those lucky enough to get a permanent modification, principal forgiveness is not in the cards."

Not only do homeowners want to pay less for their homes than most renters, renters pay an average of 40% of their income for rent, they also want to reduce the prinicpal and own the home too! I'm sure nobody who qualifies for the new Section 8 for mortgages would turn around and flip the house when the market picks up if their principal were reduced. That would be greedy and we know only wall street types are capable of that.

By the way, the administration-backed bill to allow judges to reduce principal in foreclosure agreements died in committee. How do you expect lenders to comply with a law that doesn't exist?
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HUFFPOST SUPER USER
IndependentMeans
Some people are wise, and some are otherwise.
05:43 PM on 11/30/2009
I was just approved for permanent modification and I am extremely grateful. No complaints with terms here. Thank you President Obama.
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JeffersonState
Gruntled Current Employee
11:14 AM on 10/23/2009
Im one of the 'lucky" ones. B of A modified my loan.

I fell behind on my payments, and they would call me several times a day. They sent me a financial hardship package and assumedly reviewed the documents I provided. Then they sent me my revised loan docs.

My payment went UP $100.

Now they dont call anymore, or know who I should talk to when I call.
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HUFFPOST SUPER USER
sposton
right to tell what they don't want to hear
10:13 AM on 10/23/2009
The least the corrupt Congress can do for people is to repeal all the onerous parts in the personal bankruptcy law they passed a few years ago, under instruction of the thieving classes. How can all that crap still remain the law is beyond comprehension! That alone would be a good reason to throw them all out.
schatsie
Wall Street is Worse than Vegas
07:06 AM on 10/23/2009
Everything I have checked has cost more in fees than it is worth and extends the life of the loan... so what is the point....I guess I can afford it for a while, but I will bail eventually...
12:43 AM on 10/23/2009
Did you know the value of a new car drops preciptiously when you drive it off the lot? That ain't supposed to happen when you buy a home. The value should go up fairly steadily.
schatsie
Wall Street is Worse than Vegas
07:08 AM on 10/23/2009
that was only for the last 50 years, once the baby boomers hit the real estate market, the prices started going up about 1.5% above inflation on the average....

But it used to be that interest rates were about 1.5% above the inflation rate and the banks were satisfied with that when tax rates were 90%...Now they are 6% above inflation and the banks are making out FABULOUSLY.....
12:08 AM on 10/23/2009
If foreclosures lower the price of housing, doesn't that make housing more affordable?

So how again does preventing forclosures make housing more affordable?
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BBackSoon
Hello, I must be going.
12:35 AM on 10/23/2009
Cars are supposed to depreciate.
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BBackSoon
Hello, I must be going.
12:35 AM on 10/23/2009
Except it you’re the one left holding the bag.

You lose your house they sell it for a reduced amount and you get to pay the rest but you have no house.
schatsie
Wall Street is Worse than Vegas
07:11 AM on 10/23/2009
they selll it to their friends at a reduced amount....that is exactly what Jeb Bush did in Miami....he gave up a building that cost 5 million decided not to make payments, the S&L took it back and then resold it to JEB BUSH HIMSELF for 500.000.... great way to get 90% equity in real estate property...TOOO BAD you and I cannot do that...I would love to get 90% equity in my house tax free with no effort at all....
11:16 PM on 10/22/2009
You know, I cannot believe how the value of the new car I bough has gone down.

It's just not fair.

Can I get a bailout, please?
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BBackSoon
Hello, I must be going.
12:35 AM on 10/23/2009
Cars are suppose to depreciate.
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HUFFPOST SUPER USER
tapeatsbill
Founder of the Ownership Project
10:07 PM on 10/22/2009
I'm a former bank insider. US Bank. GMAC. Mortgage lending divisions. Had friends working for BofA and Countrywide. Yada Yada There is good news for many people.

Many loans have violations of Truth in Lending Act, RESPA, Real Estate Settlement Procedures Act as well as predatory loan violations. In a very large percentage of loans the chain of custody of ownership in the loans is broken and cannot be fixed. All this adds up to serious amunition for a homeowner trying to save the home. So how can they find out and go fight?

Step one is to get a "Forensic Loan Audit" by experts. Step two is to take the results to a really good attorney who is up on the brand new case law like the Kansas Supreme Court decision.

Lots of power to homeowners. The big banks and Wall Street guys in many cases really screwed up.
This has been written about in the Wall Street Journal, New York Times and here on Hugg

http://livinglies.wordpress.com/2009/04/24/ny-times-exposes-mers/

BB
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HUFFPOST SUPER USER
eilish
Life ain't like a box of chocolates
10:11 PM on 10/22/2009
Thanks!
01:04 AM on 10/23/2009
Yeah, let's reward greed.
schatsie
Wall Street is Worse than Vegas
07:15 AM on 10/23/2009
It is fighting greed,, Why should I be paying the highest interest rates in the developed countries to the banksters when the money the rich are getting is not even being taxed....I am paying my taxes all of them...no secret letters for me, no breaks at all....
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HUFFPOST SUPER USER
coloagnt
09:00 PM on 10/22/2009
One of the very same "lenders" who is still in business solely because of the US Government bailout continues to "stiff" it's' customers. GMAC

For those "lucky few" whose loans are modified, they are on interest only terms for five years with their loan not coming down one red cent.

The US Government should begin forcing (encouraging) those lenders to modify these loans to reasonable fixed rate loans. It would be better for the long term economy, encourage homeowners to resist walking away from their properties and help reduce the high foreclosure rates and decreasing home values that continues to plague the US economy.

Of course, to do so would make too much sense. Meanwhile, the sharks keep feeding on their prey.
08:37 PM on 10/22/2009
Just exactly why should they forgive any of the principal? No one forced anyone to sign anything... Shouldn't renegotiating the interest and lowering payments be enough?
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HUFFPOST SUPER USER
mlm4420
Liberal progressive
08:55 PM on 10/22/2009
Why should they forgive principal? Because they took billions from the Federal Government. A lot of people including me bought a home that I could afford, but that doesn't take away that that it is no longer worth anywhere near what I paid. The mortgage crisis was caused by banks making credit cheap, approving people they knew could not afford the loan payments, ect. They didn't care if that loan was going to get paid or not, because they were going to repackage the loan and sell it at a profit anyway. Basically, they flung the dead cat into someone elses yard and scurried off with the earnings.
Let me ask you, why should the banks continue to make billions on interest over an inflated principal?
11:10 PM on 10/22/2009
So the government is responsible for you buying an over-priced house? Hmm.

Caveat Emptor - ever heard of it?

Funny how things don't work out when it's buy high, sell low, isn't it?

Perhaps you were seduced by the culture of flipping.
11:11 PM on 10/22/2009
Umm last time I checked, the banks lowered their mortgage rates AFTER the FEDERAL RESERVE lowered their rates. Additionally congress is to blame for passing legislation that encouraged high risk lending without things like income verifcation, credit score checking and mortgages available for 100% of the properties value.

Unfortunately, like yourself, I played by the rules too and bought a house within my financial comfort zone and put down the traditional 20% as a down payment. Now as my wife and I are looking to refinance and drop out interest rate, I'm laughing as the mortgage broker tells me that because of Obama's program that i can take out a new mortgage for 110% of my homes value - when will we learn???
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HUFFPOST SUPER USER
eilish
Life ain't like a box of chocolates
10:10 PM on 10/22/2009
Because banks are the ones who have all the secret methods that caused the entire housing insanity in the first place. They have yet to have suffered in any way over their un-regulated greed.
11:33 PM on 10/22/2009
No one put a gun to anyones head and said take the loan... There was no secret method or secret going on, Americans were warned for years that this crisis was going to occur, some of chose to listen and prepare and some of us chose not to...
08:36 PM on 10/22/2009
Why would lenders forgive principal? If ANYBODY gets a bank to forgive principal, I want to know about it because if they do it for one, they have to do it for all. I bought a house that I could afford and am current on my 30 yr conventional mortgage and nobody is forgiving any of my principal..... Why should I have to pay in full when I did it right and somebody else who bought way over their heads gets a big break? I feel sorry for some of the people in foreclosure situations. People who lost their jobs, etc.... but for others I think it's just time to face reality. You bought more house than you could afford. Time to get real.
11:12 PM on 10/22/2009
But, but, but the "Flip THis House" programme says I am ENTITLED to triple the value of any house I buy by virtue of my acquiring it. or by virtue of the crappy Home Depot tile that I put on my bathroom walls and on my kitchen floor.
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HUFFPOST SUPER USER
sweakley
08:34 PM on 10/22/2009
They keep saying that banks aren't lending, neither are credit card companies. The government is about to crack down on abusive charges to customers.

So how are they going to make money?

I haven't heard any answers to that question yet. If banks aren't making loans, shouldn't their profits be declining?
schatsie
Wall Street is Worse than Vegas
07:22 AM on 10/23/2009
That is the POINT, THE BANKS ARE STILL BOOKING GREAT PROFITS and PAYING THEMSELVES GREAT BONUSES...but god forbid, they should lower interest rates and god forbid they should pay the REAL TAXES that you and I pay...They are paying less than 15% on the bonuses....while you and I are coughing up payroll taxes of 15% (look to Kevin Philllips and Michail Moore for the explanation if you do not understand it) plus another 28% on marginal income.....

There is a CLASS WAR and it is a TAX WAR....
02:42 PM on 10/23/2009
Bonuses for people making $250K+ at comanies receiving tarp funds are taxed at 90%. Most other bonuses are taxed at 70%. In Oregon, I was taxed a little less than 50% when I got signing bonuses and stuff like that.

http://online.wsj.com/article/SB123745823318182841.html
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HUFFPOST SUPER USER
Littleguylobby
Truth, Justice, and the American Way
07:49 PM on 10/22/2009
Check out this video about anger directed to Wells Fargo:

http://www.youtube.com/watch?v=rV3ImC4Ol7s