This program was passed by Congress and singed by the President back in August. It was to provide for among many things, a way for homeowners that are behind or falling behind and are "upside down" (owing more on the mortgage than the house is worth) to refinance.
It was structured in the law as follows: the existing mortgage holder, or holders if more than one mortgage exists (such as a first mortgage with a line of credit as a 2nd mortgage). had to take 85% of the PRESENT VALUE.
FHA would then offer a refinance at at 90% of the PRESENT VALUE. FHA was to be entitled to a percent of any future profits starting with ALL profit in the 1st year and working to a 50-50 split with the homeowner after 5 years.
GREAT INTENTIONS.... A DUD IN REALITY:
Congress passed this and went home on vacation (as people across the country got news of some possible salvation. Commentary is unavoidable: they had a lot of nerve going home on that vacation while passing a lousy law with no teeth in it. More on the 'teeth' part in a moment)
the law was to become effective Oct 1. Many prior clients and referrals in droves flooded me with calls and many were just heart breaking. But, we just thought wait the regulations were put out by FHA (per the well intended law).
We waited and waited expecting guidelines soon. FHA took until OCT 1 to get them out! In and of itself not a very speedy thing. And then when they did - after spending who knows how much taxpayer money - the guidelines were almost absurd but wait, that isn't the worst part.
After spending your money and mine promulgating these new guidelines, work that would make an IRS booklet seem like summertime reading, it turns out it was ALL FOR NOTHING! Here's why: it seems that the (geniuses in) Congress forgot to check one small thing: WOULD THE LENDERS BEING ASKED TO TAKE LESS
ACTUALLY TAKE LESS? Well, as the kids might say "DUH"!!!
So, that was one problem as the lenders being asked to take less (referred to as taking a 'haircut' in finance parlance) . But there was more (no, the Congress wouldn't just do one stupid thing... that would border on efficiency and how often do you get THAT from Congress...sorry for the opinion; couldn't resist but this blog is meant to be informational not opinionated - excessively anyway).
The other thing they left out gets a little complicated; probably why they left it out as they basically have shown no clue as to finance works - witness our current mess from start to their 'solutions'. Let me try to keep it simple:
Most loans, including FHA are originated by local 'brick and mortar' companies such as First Capital Lending but we have to transfer these loans, basically to keep funds flowing for the next loan. We don't- or in some cases can't - be 'servicers' (which involves massive dollar amounts to hold them and huge servicing centers, etc).
So, again, we have to have a source to 'place' or 'sell' these loans. And there was the rub (BUT NOT THE TEETH - remember
that reference?) The 'teeth' in the opinion of we, brick and mortar, originators of the loans was that Congress didn't REQUIRE FHA lenders that buy these loans to be forced to buy these too. So, guess what?
Those large servicers said ' gee thanks, but umm, we'll pass on buying those', but thanks.
So there we are, Congress creates a masterpiece of, basically, air, (but pats themselves on their backs as they jet home for 'vacations' and all the while FHA is spending YOUR money putting out worthless guidelines (but heck, at least someone has a job - sorry it was a government bureaucrat telling you how to dot i's and cross t's and not an auto worker in Michigan...) and NOBODY WOULD BUY THE 'HOPE FOR HOMEOWNERS' loans. Yea, so much for that "Housing and Economic Recovery Act of 2008". Another legislative joke perpetrated by a useless Congress (sorry: opinion alert should have gone out)
Bottom line: The "Hope FOR HOMEOWNERS' (which they actually thought should have the catchy reference of 'HOPE 4 HOMEOWNERS' ....get that clever '4' thing??? yea, impressed me too) was a total DUD. Worthless (except for those bureacrats who probably knocked down some serious overtime), and as useless as a life-preserver with no air in it.
I have had to relay this sad news to clients many times each day (after many would call - totally understandably, mind you - once a week or more).
BUT TAKE HEART BECAUSE NOW CONGRESS IS AT IT AGAIN! Yes, they are proposing new bail out programs with no real substance or time frames that i can relay as of this writing. But I will make new posts as I learn them.
In the meantime all I could counsel borrowers in distress is 2 things:
1. CONTACT YOUR PRESENT LENDER AND TRY FOR A WORK-OUT of the existing loan(s). Some have been great, others totally uncooperative. Be ready to be on hold for 40 minutes before you get through to someone. Also, don't be satisfied if the first person you talk to blows you off. Get to a Supervisor. There is no guarantee that will help but it will increase the odds a bit.
2. CONTACT YOUR LEGISLATORS: Insist that the next attempt have some teeth in it. And tell them to actually check with those that they expect to be involved. They can't force lenders to drop rates (as much sense as that may make) but they should try to reach a consesus with them to find an acceptable plan that lenders can swallow.
Also, Congress may be considering "CRAM DOWN" LEGISLATION. Quick explanation: this is where Congress (with the signature of the President on a bill becoming law) authorizes Bankruptcy Courts to have the power to ulilaterally re-write the terms of the mortgage by lowering rates and or dropping principal balance owed.
Some people may think this is great but consider this first: economists have said that, should this power be given, lenders will have to
add about 3 to 4% to rates to offset future losses (long separate topic but rates have to, to some degress, reflect a factor of future losses. THINK ABOUT 10% to 11% + rates (presently 6% or so, so add 3-4% and welcome back to the 1970's). You would not just get to relive the Carter era economics, you would witness and TOTAL CRASH OF HOUSING for years.
So, as to 'HOPE FOR HOMEOWNER'S' or if you get a giggle out of 'HOPE 4 HOMEOWNERS' (which also means you are in serious need of someone to make you laugh as this is a lousy joke) the bottom line is THERE ISN'T ANY HOPE FOR HOMEOWNERS - OR HOPE 4 YOU EITHER, in the supposed "HOUSING AND ECONOMIC RECOVERY ACT OF 2008.
Don't forget to
send Congress a nice THANK YOU card for this. Sorry, the sarcasm is unavoidable.
Lets hope (and pray!) they can do something better than their present 'HOPE FOR HOMEOWNERS' attempt.