Thursday, December 13, 2007

House ponders mortgage bankruptcy bill

WASHINGTON (AP) -- A House committee is scheduled to vote Wednesday on legislation that would permit judges to shrink the size of home loans for bankrupt homeowners - a mortgage-mess remedy supported by consumer advocates and ardently opposed by the lending industry.

Many Democrats say the proposal is a better way to help homeowners than a plan to freeze interest rates announced by the Bush administration last week and negotiated with lenders and investors.

Mortgage-industry leaders say the proposed legislation would open a floodgate of bankruptcy filings, further threatening the industry's already shaky footing. Lenders, they argue, would be forced to charge higher rates to offset any unpaid loan balances that would be reduced in court.

The House Judiciary Committee's hearing is scheduled for 10:15 a.m. EST. The bill is unlikely to head to the full House until next year, but could gather steam as Congress faces increasing pressure to do something about mounting foreclosures and defaults.
What a rate cut means to homeowners

Under existing law, judges can't modify loan terms on a borrower's primary residence, but can do so for mortgages on second homes.

Democrats have pushed for legislation to extend a bankruptcy judge's so-called 'cramdown' power to primary home loans. Doing so, advocates say, could help more than 500,000 homeowners avoid foreclosure.

The bill up for consideration Wednesday is a compromise between House Judiciary Committee Chairman John Conyers, D-Mich., and Rep. Steve Chabot, R-Ohio.

It would apply to subprime loans made since 2000 to borrowers with shaky credit, and other nontraditional loans, such as those in which borrowers only make interest payments.

The bill "assists a broad category of homeowners who would not otherwise benefit" from the Bush administration's proposal, Conyers said in a statement Tuesday.
Bush subprime plan offers help to 1.2M

The Center for Responsible Lending, a Durham, N.C.-based consumer group, estimates that 145,000 households will qualify for the administration's rate freeze. Mark Zandi, chief economist with Moody's Economy.com, calculates that about 250,000 borrowers will likely benefit from it.

President Bush, announcing the initiative last Thursday, said 1.2 million homeowners could be eligible for relief, which includes the rate freeze and efforts to helping people refinance into more affordable mortgages.

Financial markets have been turbulent for much of the year amid worries about the growing scope of losses in investments tied to residential mortgages. On Tuesday, the chief executives of government sponsored mortgage-finance companies Fannie Mae (Charts) and Freddie Mac (Charts, Fortune 500) warned the suffering isn't over for their ailing mortgage-finance companies.

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Source : /money.cnn.com

Americans split on mortgage bailout

NEW YORK (CNNMoney.com) -- Americans are nearly equally divided on whether those facing defaults on their mortgages should get special help, with most believing the borrowers are to blame for their own problems.

A poll conducted for CNN by Opinion Research Corp. found that 51 percent of Americans surveyed believed that those at risk of defaulting on their mortgages and losing their homes "should receive special treatment." But 46 percent said there should not be any special treatment afforded to those in trouble.

In addition, when asked which statement comes closer to their feelings on the topic, 51 percent agreed they felt sorry for those whose homes are at risk, but that those borrowers willingly entered into those agreements and have no one to blame but themselves. The survey found 46 percent agreed that they think the borrowers are the victims of bad lending policies by the banks who provided mortgages to them.

The only question on the subject with a clear-cut majority is the opposition Americans feel towards any help offered to lenders. Only 26 percent said banks and other financial institutions that currently hold bad home loans should receive special treatment that would prevent them from losing money on those mortgages, while 72 percent said they would oppose any such special treatment.
Foreclosure rescue: No help for you

The survey of 1,002 adults has a margin of error of plus or minus 3 percent, which means that the answers to the two questions about borrowers are within that margin. The four days of polling started Dec. 6, the day the Bush administration unveiled its plan to work with lenders to freeze up to 1.2 million variable-rate mortgages.

Also on Dec. 6, the Mortgage Bankers Association announced that the third quarter of this year saw record levels of significantly late payments and mortgage foreclosures, with the problem particularly bad on subprime mortgages made to those without top credit ratings and which have variable interest rates. Nearly one in six of those loans are now either 90 days or more late or are in the foreclosure process.
Subprime blame game

The problems of rising late payments and defaults has raised the risk that the already battered housing and home building markets could sink further in 2008 and possibly trigger a recession in the broader U.S. economy.

The meltdown in the mortgage market made many major lenders pull back from making subprime mortgage loans, which in turn helped send home sales, prices and new construction sharply lower. Countrywide Financial (Charts, Fortune 500), the nation's largest mortgage lender, was one of the banks to pull back from making subprime loans. Washington Mutual (Charts, Fortune 500), the nation's largest thrift, announced Monday evening it would take a loss in the current quarter, slash its dividend and lay off more than 3,000 workers.

In addition to the effect on homeowners and mortgage lenders, many of the top Wall Street firms, including financial giant Citigroup (Charts, Fortune 500) and No. 1 brokerage Merrill Lynch (Charts, Fortune 500), have been hit by the mortgage meltdown. Both took billions in writedowns from subprime losses, and their chief executives were forced to resign.

The two government-sponsored mortgage finance firms, Fannie Mae (Charts) and Freddie Mac (Charts, Fortune 500), have also both been hit with losses stemming from problems in the mortgage market. As a result, they've been left them scrambling to raise cash.

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Source : money.cnn.com

Burned out: Recovering from a fire

(Money Magazine) -- Emily Martin is nine years old and quite sure of herself. So when she saw the news on television that wildfires were spreading across the San Diego area, not far from her family's home in Rancho Bernardo, she instructed her seven-year-old sister Haley to pack a bag.

The girls scampered into their rooms and placed their dolls and clothes into backpacks. When their parents saw what their daughters were up to, they laughed. Kevin and Nicole Martin had been following the news too and told the girls not to worry. The fire was not headed their way.

At four o'clock the next morning, Kevin's mother, who lived with the family, woke up. Lynn Martin, 64, still does not know why - perhaps it was "divine guidance," she says. She turned on the news, saw that the fire was heading their way, and ran to wake up her son. They looked outside and saw the sky was glowing red.
The evacuation drill

"Nicole, go get the girls!" Kevin yelled. They threw on clothes and grabbed what they could - a terrifying real-life version of the old parlor game, What would you take if your house was on fire? Kevin reached for his wallet, his cell phone and the family's passports. Nicole got water and snacks. Lynn took a photo album, clothes and four paintings by her father, the artist Frank Soltesz. The girls had their backpacks. In all it took 17 minutes for the family to wake up, dress and evacuate.

They piled into three cars. Suddenly, Kevin remembered Luna, their springer spaniel puppy, and ran back into the smoke-filled house to grab her. As the caravan pulled away, Lynn turned and saw that the back of the house was on fire.

The Martins had just spent three years renovating their four-bedroom home; the property, including the land, had recently been appraised at $1.4 million. It burned to the ground in less than 2½ hours. The family escaped safely but lost most of their possessions, as well as Emily's cat, Trina Tree Stump. The date was Oct. 22- Kevin and Nicole's 13th anniversary.

How does a family bounce back from such a catastrophe? Like so many victims of last fall's California wildfires - which destroyed at least 1,500 homes from Santa Barbara to the Mexican border - the Martins were devastated. In the weeks immediately following, Kevin and Nicole couldn't eat, Emily had nightmares, and Haley, the baby of the family, suddenly didn't want help from anyone.
Cracks in the financial foundation

The Martins are also facing severe financial repercussions. They were initially euphoric at receiving $1.1 million from Farmers, their insurance company, just two weeks after the fire ($785,000 of the total was earmarked for rebuilding the house). But they've since learned that the settlement probably won't come close to covering the cost of rebuilding, replacing their belongings and living in temporary housing until the work is completed.

The fire also exposed the cracks in the solid financial foundation the couple thought they stood on. They earn a comfortable living: Kevin, 38, an industrial engineer with Qualcomm, and Nicole, 37, who runs a home-based window-treatment business, make $145,000 a year.

But the couple had borrowed heavily against their house, in part to pay for a risky real estate venture, leaving them with loan payments that eat up more than two-thirds of their net income. And while they do save steadily for retirement, they have little cash on hand for emergencies. As Hal Schweiger, a financial planner in San Diego who reviewed the family's finances, put it, "They're right on the brink."

"Whenever the Martins leave the rented two-bedroom apartment where they now live to visit the ruins of their old house, they're reminded of the arbitrary nature of fate. The home just to the right of theirs sustained very little damage. Of the 271 houses in their subdivision, just 41 were destroyed. The likely cause of the fires: sparks from downed power lines.

The couple had moved to the area in 2003. It was a homecoming of sorts, since they'd met in San Diego while both were in college. After they married in 1994, they moved to Fort Collins, Colo., where the girls were born, then to Santa Rosa, Calif.

Four months after they arrived in Rancho Bernardo, the area was hit by the largest wildfire in California's history. The Martins were unfazed. Says Kevin: "You think it's never going to happen to you."

Shortly after buying their home, the couple began a major renovation. They'd gotten a great deal on the 4,500-square-foot house, knocking the price down from $870,000 to $710,000, because it was run down. Kevin did most of the work himself, putting in a patio, dividing one large bedroom into two for the girls, adding a guest bathroom and remodeling the kitchen and master bath. Cost: $100,000.

To pay for it, the Martins tapped their home equity, boosting their mortgage from $650,000 to $800,000 (they used the other $50,000 to pay off their credit cards and a car loan).
Flipping a house

As the Martins were renovating, they made a $100,000 profit by flipping a house they'd bought as an investment in Santa Rosa. That whetted Kevin's appetite for more real estate deals. So he used part of the proceeds to help buy a $523,000 suite in the upscale Hard Rock Hotel, a condominium hotel that opened in downtown San Diego in November. To complete the purchase, they refinanced their home mortgage again, taking out $200,000 more in equity, and then got a $230,000 mortgage on the condo for the balance.

But the Hard Rock deal put a big strain on the Martins' finances. The $5,000 a month they pay on their home mortgage eats up most of the $7,750 they take home after taxes and Kevin's contributions to his 401(k) and stock-purchase plans. (The Martins already have $200,000 set aside for retirement and another $100,000 in individual stocks.)

Now they have to start paying $1,700 a month on the Hard Rock mortgage as well. Kevin is confident that bookings at the hotel will more than cover those payments. But since the hotel just opened, its occupancy rate is uncertain.

Going out on such a limb actually may have saved the Martins, however. Before approving the refinancing, the bank required them to increase their home-owners policy to cover the appraised value of the house, excluding the land ($813,000).
Reality sets in

To satisfy the requirement, the couple boosted their insurance from $450,000 to $652,000, with extended-replacement coverage that would pay up to 25 percent over the policy limit for unforeseen costs, bringing the maximum benefit to $812,500. The Martins say they believed that would cover the total bill for rebuilding, even in the unlikely event that their home was ever completely destroyed by fire.

"The day after the wildfire, Kevin returned in a police cruiser to assess the damage. When he saw what was left of the house - the concrete front steps, part of a wall and a staircase now leading nowhere - he broke down sobbing.

Over the next few days, all they'd lost began to sink in: the baby videos and photos; original paintings of Kevin as a child by his artist grandfather; Emily's special baby blanket and her cat. Nicole had been assembling a slide show to honor her mom, who'd died a year earlier. All those photos are gone. "That breaks my heart," Nicole says.

The first week was like one long day. Kevin wore the same clothes for five days. Nicole was numb. The girls were disoriented, and Haley kept saying, "I want to go home." They went to Target to buy underwear. They moved to a Marriott hotel for two weeks, then into a two-bedroom apartment (Kevin's mom is house-sitting nearby).

In all, they spent $2,000 those first two weeks on hotels, clothes, toiletries, meals and odd expenses like getting the ash washed from their cars.

But money wasn't a problem at first. Within a week of the fire the Red Cross provided $1,300 in emergency funds, a Buddhist relief agency gave them $300, and they got $5,000 from their insurer to start replacing their belongings.
Help from all sides

For every financial hit they took, someone stepped up to help. Kevin took eight days off from work, but co-workers donated their vacation days to cover it. Nicole lost all her samples of window blinds and shades, but her suppliers replaced them at little or no cost. A friend dropped off two suitcases of sweatshirts, pants and other clothes.

Best of all, despite the horror stories the Martins had heard about people fighting to get settlements after a disaster, the checks from their insurer kept coming. Just over two weeks after the fire, the Martins received $785,000 to rebuild the house, $245,000 to replace their belongings and $102,000 for living expenses during the time it would take them to rebuild.

But their delight quickly turned to dismay by mid-November after they spoke with George Kehrer, head of the nonprofit Community Assisting Recovery (CARe), a consumer-advocacy group for disaster victims. "It was a real eye-opener," says Kevin.
Underinsurance horror

Upon reviewing the Martins' situation, Kehrer concluded that they were underinsured by at least 30 percent to 40 percent. The $785,000 they received to rebuild their home, while close to their policy limit, works out to about $175 a square foot.

But, Kehrer says, constructing a custom-built house on a hillside in their neighborhood typically runs $250 to $300 a square foot, based on estimates from local builders. That would put the tab for rebuilding closer to $1.1 million to $1.35 million. And he estimates that the cost of replacing their belongings might be twice as high as the $245,000 the insurer sent them.

Kehrer says disaster victims like the Martins are in a state of shock and just grateful to get help. "If the insurer cuts a check quickly, most people never raise an eyebrow," he says. "They've never seen a check that big. Later they realize there's no way they can rebuild for that price."
The advice

Push for a bigger payout Under the terms of their policy, the Martins are entitled to get as much as $489,000 to replace their lost possessions vs. the $245,000 they received - if they can document that what they owned was worth that much money. Since the couple didn't keep an inventory of their belongings, they should put together a detailed list of the clothing, furniture and assorted other items they lost, then try to recreate documentation. They can, for example, get records of their purchases from stores and credit-card companies and also provide their insurer with photos of their possessions taken during the recent reappraisal.

The Martins could also qualify for an additional $196,000 in reimbursements apart from the house. Walkways, fences and similar structures, for example, are covered separately, for up to 10 percent of the $652,000 policy limit; upgrading the new house to meet current building codes could net them another 10 percent; debris removal could add up to 5 percent; and landscaping work is also covered up to 5 percent.

Kehrer says that the Martins even have a chance of getting compensation beyond their policy's stated benefits if they can make a case that they had good reason to believe they'd be fully covered when they bought the policy and show how much more rebuilding is likely to cost than the insurer's estimates.

The first step, Kehrer says, is to get the "scope-of-loss report," which details how the company arrived at their payout; then hire a reputable contractor to render a second opinion. This might cost as much as $5,000, but if an independent assessment concludes it would take far more than $785,000 to rebuild, the insurance company might up the payout, Kehrer says.

(Farmers declined to comment on the Martins' case, but a spokesman says the settling of claims is an "ongoing process" and confirms that the company is open to negotiation even after its initial checks have been cut.)

Hold off on rebuilding As eager as the Martins are to get going on a new home, Kehrer urges them to postpone using the insurance money they've gotten until they finalize their settlement. Not because cashing the check would close the case - in California, homeowners have two years to dispute a settlement - but because disaster victims can't make smart decisions about what type of house to build until they know for sure how much they'll have to pay for it.

If they were to forge ahead now and later win a larger settlement, the Martins would have wasted time and money on construction plans they'd probably end up scrapping.

Slash the mortgage debt Even before the fire, the Martins were living dangerously because of the staggering $1.2 million they're carrying in mortgage debt. Says Schweiger: "If, say, Kevin were to get laid off, they'd really be in trouble."

The best way out: Sell the Hard Rock Hotel suite, Schweiger urges. After paying off the hotel mortgage, they'd still have $290,000 left, which they could use to pay down nearly a third of their home mortgage. That would save the family $1,300 a month, making it much easier to stay on top of their bills and set more money aside for emergencies (the goal, Schweiger says, is to boost their short-term savings from $20,000 to $50,000).

Bonus: They wouldn't have to worry about how they'll pay the Hard Rock mortgage if bookings of their suite fall short of expectations.

Spread the wealth Schweiger wants to make sure the Martins don't neglect their long-term goals as they struggle with their current crisis - goals like putting the girls through college and retiring by age 55. But, he says, those plans are threatened by the lack of diversity in the Martins' portfolio, which puts them at risk of higher-than-average losses if the market turns against them. About 70 percent of their individual stocks, for instance, are in shares of Qualcomm (Charts, Fortune 500), Kevin's employer, making the family's financial fate too closely linked to the fortunes of one company. And nearly a third of Kevin's 401(k) is also in individual stocks.

A better idea, says Schweiger: Dump the individual stocks in the 401(k) and stick with a mix of mutual funds - 80 percent in equity funds and 20 percent in fixed income. And while buying Qualcomm stock makes sense because Kevin gets a 15 percent employee discount, he should sell those shares quickly and reinvest the money along the same lines as his retirement account.

Assuming the investments earn historical rates of return and the Martins keep saving at their current rate, this plan should enable them to retire at 55 and pay the $275,000 or so that it will likely cost to send Emily and Haley to a public college.

Back at the ruins of their former life, the Martins are starting to get excited about building a new home - after they finish wrangling with the insurance company. "I'd like to have a three-car garage and a workshop," Kevin says, tromping through the wreckage. "Here we'll have stairs going up to two bedrooms for the kids, a bathroom and maybe a loft..."

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Source : money.cnn.com

Subprime creep: From city to burbs

NEW YORK (CNNMoney.com) -- Cleveland's foreclosure crisis is no longer a problem that's just for the poor.

In the city's central neighborhoods, it's been common for years: Low-income homeowners living on a financial edge were also preyed on by abusive lenders during the nation's recent housing bubble.

But now the mess has spread to Cleveland's wealthy suburbs, where delinquency filings have exploded over the past year despite residents' relative prosperity and supposedly higher education levels. The numbers are even beginning to eclipse those of the city.

In Shaker Heights, the model of an affluent Midwestern suburb, the problem "is huge," said Mark Seifert, executive director of the East Side Organizing Project (ESOP), a community advocacy group in Cleveland.

Foreclosure rescue: Saving a home

Foreclosure filings in its 44118 ZIP code nearly tripled to 910 in the first 10 months of 2007 from 334 during the same period a year ago, according to RealtyTrac. But the foreclosure rate in Cleveland proper, while still among the highest in the nation, has slowed down, although filings have doubled over the same period.

ESOP clients coming in for foreclosure counseling are much more likely to be from the suburbs than in the past, according to Seifert. Last year, about a fifth of them came from outside the city limits. Today, "It's upward of 40 percent," he said, "approaching 50 percent."

Mark Wiseman runs the foreclosure prevention program for the Treasurer's Department of Cuyahoga County, which includes Cleveland and many of its suburbs. "A lot of suburbs," he said, "especially the ones that border the city, mirror the city's problems. The lending problems are the same."

But suburban families, with more assets and income, tend to be a little more insulated from immediate default triggers. They may have been able to refi one more time and temporarily push foreclosure back. Many Cleveland city dwellers have fewer resources to tap to stay in their home.

Simple geographical progression is also to blame, according to Wiseman. Foreclosures lowered property values around inner-city homes and spread out from the center as Cleveland's economy stagnated.

Where Cleveland went wrong

And with a nationwide drop in home prices, a slowdown in sales and a rise in inventories, greater Cleveland's wealthy homeowners are now feeling the pinch like everyone else. The typical home in the metro area sells for about 4.2 percent less than it did a year ago, according to the National Association of Realtors.

By themselves, price drops can cause foreclosure jumps. When prices were high, borrowers could buy with low down payments or refinance their old homes. But when prices fell, many homeowners found themselves owing more than their homes were worth.

And when that happens, no matter how wealthy the neighborhood, many simply turn the keys over to their lenders or do a short sale where they unload their houses for what the market will bring,

Wiseman reported that on his block in University Heights, a solidly middle-class suburb, there have been two sheriff sales this year and four houses are vacant. "About 40 percent of the homes on the block are for sale," he said.

Lakewood is a densely populated town on the shore of Lake Erie. Scene, a local magazine, rated it as the Cleveland area's best city to live in. Filings tripled in its 44107 ZIP code to 572 from January to October, compared with a year ago.

In working-class Maple Heights, RealtyTrac recorded 1,165 foreclosure filings through the first 10 months of this year in zip code 44137 for a rise of 168 percent.

Foreclosure rescue: No help for you.

And in Parma, another close-in community south of central Cleveland, foreclosure filings totaled just 190 in the first 10 months of last year but blew up to 1,159 for the first 10 months of this year, for a 510 percent spike.

Three years ago, Seifert tried to enlist some of the city's inner-ring suburbs in the fight against foreclosures. But, he said, his attempts at outreach fell upon mostly deaf ears.

"The responses ranged from 'We're really not interested' to 'How dare you suggest that,'" said Seifert. The general attitude was "We've got it under control."

Six months after his first overtures, one suburb, Warrensville Heights, invited him to give a presentation about foreclosure prevention counseling before town officials.

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Source : money.cnn.com

Subprime freeze plan: Who's left out

NEW YORK (CNNMoney.com) -- Distressed borrowers looking for relief from the recently announced White House foreclosure prevention plan may be in for a disappointment.

In announcing the administration's plan, which includes a five-year freeze on interest rate hikes for some subprime borrowers with adjustable-rate mortgages (ARMs), the White House estimated it would offer relief to 1.2 million families out of the 1.8 million facing higher interest rates. The initiative comes at a time of record high foreclosure rates.

But there are very strict limitations.

Sharon Reuss, a spokeswoman for the Center for responsible Lending, estimated it would help 7 percent of those stuck with unaffordable subprime loans, or 145,000 borrowers.

"This is so limited in scope," she said.

The guidelines on who can be helped are spelled out by the American Securitization Forum (ASF), which represents the players in the securitization process, including lenders, those who service the loans and investors who hold the debt.

The ASF guidelines limit the interest rate freeze solely to those borrowers who are unable to afford payments if they rise above their introductory rates. These normally adjust higher after the first two (2/28 ARMs) or three (3/27 ARMs) years of the loans.


Left out are both the people who can afford to continue payments even after rates adjust higher and those who cannot afford the loan even at the low initial rates.

Further limitations are that the loans must have been made between Jan. 1, 2005 and July 31, 2007 and have been included in securitized pools. Rates must be scheduled to reset no earlier than Jan. 1, 2008 and no later than July 31, 2010 and the restructuring process must begin before the loans reset.

To determine affordability, the plan would use readily available criteria, especially credit (FICO) scores. These must not exceed 660 or have gained more than 10 percent since the origination of the mortgage.

In either of those cases, borrowers have failed the FICO test and must apply for another type of rework. "It's very likely these people will be able to refinance into a fixed rate loan," said Tom Deutsch, Deputy Executive Director of the ASF. Deutsch helped write the guidelines.

Even if loans qualify for a freeze, servicers, according to the ASF guidelines, will not take any actions that violate contracts or applicable laws.

Additionally, the loan-to-value-ratio of the mortgage must be more than 97 percent. That is, the owner must owe more (or close to it) than the home is actually worth (see correction at end of story).

Servicers of any second mortgages on the homes must agree to cooperate.

And candidates for a freeze must be current on their monthly payments; they cannot be more than 30 days late nor have been 60 days late more than once in the previous 12 months.

Also, if borrowers qualify for an FHASecure loan, the freeze is not available to them. Borrowers must also be owner/occupiers as opposed to speculators.

And the reset has to send payments up by at least 10 percent, which should not be a difficult hurdle; typically, these loans will reset from around 7 or 8 percent to at least 9 or 10 percent.

Any modifications must maximize profits for investors and be in their best interests. Especially in a falling market, investors are usually better off taking smaller profits of modifications than major losses brought on by foreclosures.

Some critics wonder individual reworks will need to gain approvals from investors. That would be a monumental task. The loans are often carved up and sold in pieces to investors all over the world.

According to Deutsch, however, mortgage servicers have the authority to make the modifications. "A key point," he said, "is that servicers are responsible for making these decisions based on the entirety of the interest of the trust," (the investors).

According to Mary Moore, of the Center for Responsible Lending, however, servicers may have reasons of their own to pursue foreclosure rather than working with borrowers to keep them in their homes.

"Servicers can have incentives to foreclose," she said. "They sometimes have affiliates who work on foreclosures - that generates a lot of income for the affiliates."

As for the Bush plan, Moore welcomes it, but with no great enthusiasm. "We would love to see further steps," she said, "but we have no indication that more is coming."

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Source : money.cnn.com