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Janis Bowdler

Janis Bowdler

 

Time to Move On: Families Facing Foreclosure Need Better Solutions Than HAMP

Posted: 03/24/11 01:22 PM ET

More than one million Latino families have either lost or will soon lose their homes. In California, Hispanic-owned homes account for nearly half (48 percent) of all foreclosures. The rapid loss of homes among Latino and Black homeowners has increased the gap in homeownership rates between White families and families of color. Our research shows that foreclosures wipe out wealth that should have paid for retirements and college educations, depress neighborhoods and home values, and harm family relationships.

Our efforts to support community-based housing counselors working with families in foreclosure has helped us better understand how national foreclosure prevention programs and policies can effectively reach the ten to 13 million families expected to lose their home during this calamity. As did others who are deeply concerned about the impact of the housing crises on families, we worked tirelessly to share information and provide guidance and recommendations to Congress and the administration. We had high hopes for the Obama administration's signature Home Affordable Modification Program (HAMP). And when we recognized signs of trouble with HAMP's implementation, and complaints from the community began to mount, we offered additional options and solutions to administrators.

Unfortunately, many of our recommendations went unheeded. While HAMP set out to provide three to four million modifications, only 600,000 families have received permanent loan modifications through the program. Treasury has made some tweaks, but fundamental changes are needed to reach more families in distress. Our counselors still report difficulty obtaining modifications for worthy homeowners, and the lack of compliance has made justice unattainable for those wrongfully foreclosed upon. Moreover, the private sector's move away from HAMP―proprietary modifications outnumber HAMP modifications two to one―suggests that the program's influence and relevance are waning. At best, HAMP addresses the housing crises of yesterday; continued congressional focus on the program is preventing us from taking the bold steps that are needed to help millions of Americans facing foreclosure today.

For these reasons we are left with little choice but to support the "HAMP Termination Act of 2011" (H.R. 839). It's time to focus on foreclosure prevention remedies that reach further. Congress and the administration must consider more effective approaches, such as these five promising ideas:

•Leverage private-sector innovation. Rather than modifying mortgages one at a time, remaining HAMP funds could be leveraged to negotiate directly with investors to buy toxic mortgages in bulk. The savings can be passed to the homeowner in the form of principle write-downs and other modifications. Wall Street is way ahead on this, and similar models should be brought to scale.

•Support local success. Boston Community Capital is helping evicted homeowners reclaim their property. States are using the Hardest Hit Fund to respond to unique local conditions. Congress and the administration should elevate and scale local victories.

•Require more accountability from Fannie Mae and Freddie Mac. The OCC called for an end to the "dual tracking" of foreclosures and modifications, and Bank of America has committed to partnering with others to address this unfair practice. Their efforts are severely undermined, however, without Fannie and Freddie on board. The Treasury and FHFA must compel the GSEs to implement this basic tenant of responsible foreclosure prevention.

•Give the state attorneys generals (AGs) a shot. The AGs must accomplish what the Treasury has not―set firm, enforceable rules for modifications that include principle write-downs. The recently leaked terms raise concerns that the settlement might not go far enough. The AGs must conduct a rigorous inquiry and not settle until they have the best deal for their state.

•Give homeowners some leverage. Many deserving homeowners miss out on modifications because they are mired in their servicer's bureaucracy. A little leverage in the form of a bankruptcy safety net would prompt more thorough customer service. Bankruptcy reform has failed in the House and Senate, but this budget-neutral option should be reconsidered for struggling homeowners.

Other efforts show more promise―namely the Neighborhood Stabilization Program and state endeavors through the Hardest Hit Fund―but these programs are not a substitute for a national strategy to modify mortgages for deserving homeowners.

Stabilizing our housing market is essential to our economic recovery and should be a concerted, bipartisan effort. We call on Congress and the administration to set politics aside and work together on a comprehensive strategy to put an end to needless and wrongful foreclosure.

 
 
 
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10:13 AM on 03/28/2011
I was struck wiith a rare brain disease last year and had 2 strokes and 2 brain surgeries both requiring out of state travel over a six month period of time. Due to the financial impact this had on my family and my inability to work during this time we fell behind on our house payment by several months. We have been denied assistance from the HAMP program. Ocwen Mortgage Co. will not accept any payment less than the full delinquent amount and have began the foreclosure process. We are checking into bankruptcy this week. We retained a firm in Florida called Rennick, Young, Cohen & Associates in October of 2010 with absolutely no results. Their website states results from 1 day to 3 months. The young lady that has our file took it over in January, well OK who had it since October 2010??? Who will put a roof over my family of seven??? Not Ocwen, Rennick & Assoc. or President Obama I sent the White House a email also. Guess no one checks that!
10:13 PM on 03/27/2011
The Hardest Hit Fund should be renamed the Most Recent Hit Fund because it does nothing to help the majority of truly hardest hit homeowners, at least, not in Nevada. Homes in Nevada are as much as $100,000 underwater. That means that the value of these homes is $100,000 less than what the homeowners owe on their mortgages. T

The Hardest Hit fund pays up to $500 per month for six months toward homeowners' monthly mortgage payments, which are, for many homeowners $1700 or more monthly. Many homeowners are now unemployed or underemployed in a state where minimum wage is what the majority earn.

Add to that the fact that the right to decide who's helped is left to the lenders and investors, which makes no sense because they have not yet helped a significant number of homeowners through other programs.

The 2nd phase of the Hardest Hit Fund in Nevada, is not available yet. The 2nd phase is Principal Reduction of up to $50,000, but only if the lender agrees and pays half of that ($25,000), and this is for homeowners who are $100,000 or more underwater on their mortgages.

These programs are a pitiful joke and meaningless to homeowners who need help N-O-W.

Add to that the insult judges are paying to homeowners by not even requiring lenders to produce the paperwork that proves whether they have a right to foreclose. Stop all foreclosures until a solution that helps homeowners keep their homes is reached.
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robert horwitz
10:24 AM on 03/27/2011
I having watched all the Congressional hearings on this matter I knew whatever Congress settled on would be a failure. I knew this because every plan considered dealing with any private institution involved with home mortgage lending and or financing in any way had in any proposed plan the word "Voluntary". When these folks hear the word "Voluntary" all they do is think how much more can I steal and how can I do it.
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TeeLolly
12:40 AM on 03/27/2011
Give bankruptcy judges the power to "cram down" principal reductions based on the actual value of homes in foreclosure, and restructure the loans accordingly.
 
Oh, I forgot. The banksters don't like that plan ...
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02:32 PM on 03/26/2011
I don't mean to be blunt, but (whether you are Latino or not...) there is exactly one appropriate thing to do.

(Fair warning; your bankers WILL NOT like it.)

Declare Chapter-7 bankruptcy. That's right ... total liquidation. You can easily show that your debts far exceed your assets and that they will continue to do so for a long time. You can also show that the largest debt ... on the house itself ... greatly exceeds the value of the house itself ... which is, of course, an asset.

Banks do not like to hear such talk. In fact, they will do anything to avoid it (except to deal reasonably with you, which would of course require them first to acknowledge the truth of your position). Instead of dealing fairly with you, they will throw you out of your home in order to preserve the fiction that their companies are actually "bulging with cash" when they are worse than bankrupt.

So ... force the issue. There are probably 100 million people in this nation who are in an identical situation and who have so far been persuaded that "a legal contract" is "a blood oath." Enough of that... this is business. My debt to you cannot be paid. All of it. It is now going to be a legal finding-of-fact that my entire debt is now ...gone... and so is the bank's imagined asset.

Poof.
HUFFPOST COMMUNITY MODERATOR
TeeLolly
12:41 AM on 03/27/2011
You still end up losing the house.
11:23 AM on 03/26/2011
Congress is in the process of eliminating the program all together. Consumers need to consider speaking with a Bankruptcy Attorney about their options, particularly if they are facing foreclosure.
09:22 AM on 03/25/2011
I totally agree we need to place a moratorium on Foreclosure's in this country and start working on creating Jobs. HAMP was just a warm and fuzzy cover-up. The Gov. needs to know that we are watching. Somehow they need to remember that they are working for the people.
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Mr Hankey
Kucinich / Sanders (Democratic Socialist)
09:15 AM on 03/25/2011
Let's not forget how and when homeowner programs started:
http://www.hopeforhomeownersprogram.org/news/president-bush-signs/

Quote-
President Bush signed the Housing and Economic Recovery Act of 2008. It is said that over 400,000 homeowner's will be able to take advantage of this bill. Home owners will be able to stay in their homes providing their current lender agrees to the terms of the FHA backed, "Hope for Homeowners Program". People with high interest rate mortgages, close to foreclosure or in currently in foreclosure may be able to take advantage of the bill signed today.

The new bill also established a $7,500 tax credit for 1st time homebuyers. 1st time homebuyers will be able to take advantage of this tax credit if they purchase a home between April 30th, 2008 and June 30th, 2008." -End quote
--------------------------------

Neither HOPE nor HAMP were mandated programs. The servicers are/were allowed to make up their own guidelines. HAMP itself is not a bad program - but didn't/doesn't work because it was NOT mandated, and is more like putting a band-aid on a fractured limb.
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Mover
Father, Husband, Ret 1SG
08:47 AM on 03/26/2011
"Neither HOPE nor HAMP were mandated programs."

Excellent point. I have to wonder what the thought process is where everyone knows that businesses run on profit, not charity, and will do what they believe is best for their own wallets. I don't have a problem with profits because it is a fact of life, but the politicians don't seem to know it. If they really wanted to help the people, instead of themselves, the servicers would have had mandates put on them.
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Mr Hankey
Kucinich / Sanders (Democratic Socialist)
09:46 AM on 03/26/2011
Thank you - and tax payer monies went to overseas investors without oversight under TARP. It had very little to do with helping stem the US foreclosure crisis.
Homeowners in distress are angry tax payers, but I don't understand why EVERY tax payer is not furious.
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james rimes
Armonicamedia
05:21 AM on 03/25/2011
HAMP...WAS Just So You Would Not Ask about`MBS/CDO/CDS..and how AIG Insured and Assured the issuing MBS Failures..30/60/and 100 Times..
10:29 PM on 03/24/2011
And in the first two months of this program 24% of the homes were already in default under the new terms offered by the government. Now you have home owners being dead beats in their bank owned residences because they know it will be half a year or more in some areas before they are told to leave. So why should they be allowed to do that? So they can ring of bills for heating and cooling, power, water, and just leave the utilities on the hook for their abuse?
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Mr Hankey
Kucinich / Sanders (Democratic Socialist)
09:08 AM on 03/25/2011
I don't know where to start, but your anger is misdirected.

Don't allow the corporate owned media rhetoric f00l you into thinking that banks and wall street are the good guys, and homeowners are the bad guys.

On another topic - I hope all tea party folks will read this and post their opinions:
http://www.huffingtonpost.com/2011/03/25/ges-us-tax-bill-zero_n_840472.html
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TeeLolly
12:50 AM on 03/27/2011
I have to agree with Mr. Hankey. Once the owners are kicked out of the home, looters may strip it of copper pipes, plumbing and other fixtures, while the yard isn't maintained (the banks don't have time to keep the neighborhood up, after all--their tee times are much more important, and they're certainly not going to pay someone to do it). What you end up with are devastated neighborhoods in which the remaining, occupied homes continue to lose value becaue of the banks' failure to care for the foreclosed properties they own and can't sell without taking (God forbid!) a loss..
 
As far as heating and cooling bills go, those tend to be in the homeowner's name, payable by the homeowner. I don't know where you live, but in Ohio they cut your power if you don't pay your bills. And if you move out owing utility bills, the utility companies will sue you for what you owe. They have no legal basis for going after the bank for the homeowner's bill.
RealistBC
Micro-bios must pass muster.
08:21 PM on 03/24/2011
Yet more proof that Obama doesn't care enough about Main Street and too much about Wall Street.
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HUFFPOST SUPER USER
jtenn
08:07 PM on 03/24/2011
We've been through two modification hearings. Foreclosure stayed both times. Wells provided nothing. Now, after dealing with "Wachovias office of the presidents" banker for 6 weeks, we wee offered nothing and if we didn't agree to slightly lower payment, (way over HAMPs 31%), he would "foreclose on us and sell the house." A feight attempt at intimidation I think. Told em to bring the Note and or Deed of Trust to the next hearing!!!
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HUFFPOST SUPER USER
jtenn
08:01 PM on 03/24/2011
Professor Warren can't be our only advocate. I'm hopeful that the republicans will see the harm there party is doing to the nation as a whole and vote these suckers back out in 20 months. En mass!
08:23 PM on 03/24/2011
Hmm . . .

So because the Democrats and President Obama rolled out HAMP . . .

It's the Republican's fault the program is a failure. Got it.
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Mister Grumpy
An Angry American
04:26 PM on 03/25/2011
No...... the Republicans are at fault because of their special interest tax cuts to companies that off shored and outsourced their american workers....... those unemployed can't get refinanced........... HAMP or not..........
02:38 PM on 03/28/2011
Actually, TARP was under the Bush Administration. The failure is that TARP gave the banks a blank check and "requested" that banks modify loans to all the people they had screwed. Rs or Ds, doesn't matter somebody needs to fix it because our economy will not rebound otherwise
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Lloyd Cata
06:18 PM on 03/24/2011
HAMP! What a farce!

This has to be the most hypocritical program to come out of the financial disaster. Obama had to pretend that he was for homeowners while secretly allowing the banks to 'process' people out of their homes.

It's tempting to still blame people who were 'given' mortgages they could not afford(grapepickers with $500k mortgages), but we all know people who honored their debts and still were foreclosed because their mortgage was 'bundled' into a 'securities pool'.

Now Obama tries to cover the fact that even US troops and veterans were swindled by the Wizards of Wall Street.

The "cabal of ignorance" continues to rule the markets, and they expect the American people to remain ignorant...and that's why they are against public education. They don't want your children to understand how they stole their future.
10:31 PM on 03/24/2011
Yes half of country wide loans were given to people with no proof of their incomes, but countrywide was a big Obama supporter so they got off easy by having Bank of America buy them out.
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TeeLolly
12:57 AM on 03/27/2011
So that's what B.eck and R.ush are telling you these days? The lenders and mortgage brokers making the bad loans did so for one reason--they made a huge profit up front (mortgage brokers earned commissions or fees, while the banks securitized the bad loans and made money by bundling them and selling them to investors), before any problems surfaced. They knew there would be problems, but didn't do anything about that because all they cared about was their cut.
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HUFFPOST SUPER USER
Mover
Father, Husband, Ret 1SG
04:29 PM on 03/24/2011
There was only one answer to the mortgage securities crisis that caused and is causing families of all races to lose their homes.

A moratorium on foreclosures.

Back in 2008 our leaders were looking for a way to save the homes of working families and after several minutes grueling brainstorming they came up with a plan to bailout those responsible for the mortgage mess. Somewhere along the line, they totally ignored the working families that they had claimed they were helping.

Since that time they have been patting themselves on the back having claimed to stop a recession from becoming a depression and not noticing that millions of Americans lost their homes and their retirement savings.

And the real kick in the head is that those bad actors at the financial institutions, who did not lose their jobs, homes and savings, are getting those homes to resell again. As it is those same bankers are fat and happy and sitting on their bailout money and minimizing their risk instead of reinvesting it in a major way. This another reason the recovery is so slow.

If congress and Presidents Bush and Obama really wanted to help working Americans they would have stopped foreclosures and allowed the bankers to sink instead. There would have been no depression. Only new faces running those financial institutions and the recovery would be well on its way to pre-bailout levels.