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There are at least three serious issues with the Freddie (FRE) / Fannie (FNM) mortgage modification programs. First, they are fundamentally offensive to anyone who bought a house with a reasonable amount of money down, some contentiousness about the price paid, and the cash flow to support it. Granted, sometimes you have to hold your nose and go along with such things if a credible case that the alternative is worse – i.e., mass defaults – but that doesn’t make it materially less offensive.

Second, unless I missed something, the mortgage mods didn’t actually, you know, modify the most vexing part of the mortgages. Interest can be lower, but principle will be repaid at the end of the loan? What the f**k does that do that’s useful for people who owe more on their mortgages than their houses are worth? Those are most of the people walking away right now. Simply being able to (currently) muster the cash flow to hang in doesn’t make it materially less likely that many people won’t walk away from their home.

Third, the 38% debt to income cap is, in a word, high. Sure, it’s better than being really, really high, as is the case when you made no down payment on a mortgage that has now reset, but that’s sort of beside the point, isn’t it? These are still people highly levered to fixed payments in an environment where their incomes stand a greater chance of declining than increasing over the next twelve months.

Maybe I’m wrong, but I think we’re setting the stage for mass judicial review / rewriting of many U.S. mortgages early in 2009. This plan doesn’t strikes me as if it will stick.

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  •  
    your probably right about that judicial review. the alternative is the mass defaults. which won't help the holders of the loans as they then will own the property, the loss incurred from the bad loan, and be unable to unload the property to any body. Nobody will buying many houses in today's market. so a few (ok maybe a lot) of banks or other financial companies will go under. or get a bail out depending on how big they are!
    2008 Nov 11 05:25 PM | Link | Reply
  •  
    I have to agree with PK...
    The last time prices fell 30% in Southern California, it took 10 yrs to get back to the 'top' or 'break even' point for the mortgage. In other words, IF you bought a $600K house that is NOW worth $400K, even if the government modifies your loan, you are essentially paying 'rent'. In the forward 10 yrs of paying your mortgage, you'll NEVER accumulate ANY equity and will only get you out @ your original $600K. You're essentially servicing a loan like a renter is paying a landlords mortgage! You are 'renting' your own house till the mortgage is paid OR you move and STILL have a balloon payment to pay off...WHY would anyone do this!? Walking away and getting into another situation where there is at least SOME upside Equity potential would be THE only answer for these people! Sorry...
    2008 Nov 11 05:32 PM | Link | Reply
  •  
    If a deal must be made, maybe we should first open up the same offer to those that might better qualify and weren't so hasty to buy into a housing market that was rising at an unsustainable rate. If nobody seizes on the renegotiated price, allow the original occupants to retain the home with the renegotiated mortgage.
    This would serve us better in a number of ways. First, as a taxpayer I wouldn't be as upset at someone who played by the rules to have first crack. Second, it would eliminate moral hazard. Third, we may get someone who better qualifies for the loan and therefore we wouldn't be in jeopardy of this home later falling into foreclosure anyway.
    2008 Nov 11 05:35 PM | Link | Reply
  •  
    Talk about being ripe for abuse. So let me get this straight, you have to be 90 days down. Anybody wanna bet a lot more people are now going to be 90 days down?
    Also, 38% of income? Whose income? Husband and wife, or just husband, or just wife. Many might find it better to "lose" their job to claim hardship and take advantage of this program.
    And how about those equity lines? What happens to them in this scheme?

    You can take this to the bank - this program is nuts. It is one more knee-jerk attempt to fix the problem.
    Moreover, how much do you want to bet that more and more peo0le are now going to stop paying their mortgages hoping for a better deal to come along when this one blows up in their faces.
    Here is the root of the problem - these "fixes" are merely window dressing to make it look like something is being done.
    Let the bums get foreclosed on, go bankrupt, and lose the houses. The private sector will come in and clean up the mess a lot faster than a bunch of moronic bureaucrats masquerading as saviors.
    2008 Nov 11 06:31 PM | Link | Reply
  •  
    "The resulting Fannie Mae MBS carries a guarantee of timely payment of principal and interest to the investor, whether or not there is sufficient cash flow from the underlying group of mortgages...."

    Does this plan change the guarantees to the bondholders? Or who makes up the difference?
    2008 Nov 11 06:57 PM | Link | Reply
  •  
    I wonder if the seeking alpha blogsphere thinks I'm being excessively paranoid? Concerning Paul's point that many people find bailing out individual homeowner's offensive, and by definition I think a majority of home owners made prudent home loans and are paying them off. I think jpm, fdic/indy mac and maybe citibank are lowering the principal balance of their mortgage loans as well as just lowering the interest rate. Some of the other blogs I am reading are threatening a general mortgage strike if taxpayer money goes to yuppies who bought a better house than they did and now are in trouble on their loan. My paranoid thought is this, do you think treasury/the fed is offering to buy mortgages at the original loan balance from the "cleanup banks" (jpm, wfc, c?) if the cleanup banks re-negotiate the mortgage and modify the terms including principal write downs? I can't see why a for profit bank would write down a principal balance. But maybe treasury/the fed is offering to buy the loan resets later in a low key transaction that doesn't reach the radar screen of the financial press or the blogsphere. They are doing this to take the political unpopularity out of bailing out homeowners who took too much risk, have a better house than they should, and now taxpayers are enabling them to stay in the house and possibly have more capital gains on the house in the future when the market recovers.

    ... Flash
    2008 Nov 11 07:58 PM | Link | Reply
  •  
    Paying "rent" in the form of tax deductible mortgage payments is far better than simply paying rent. Uncle same is subsidizing the mortgage payments.

    Furthermore, your conclusion that they would be better off walking away from the current situation where they are merely "paying rent" and getting into a better housing situation with upside is based on the false assumption that their credit record would allow them to do so.

    Lot of people took out 30 year mortgages due in 5 or 7 years on the assumption that they'd only be in the home for less than 5 or 7 years and thus would not face the higher reset rate on the balloon that was due. How is this any different than the refinancing risk on the balloon at the end of your 10-year recovery scenario?

    I'm sorry, but your description here wreaks of a prevailing attitude that purchasers of real estate are entitled to capital gains while the downside risk is only to be born by the lender.


    On Nov 11 05:32 PM RJMoran wrote:

    > I have to agree with PK...
    > The last time prices fell 30% in Southern California, it took 10
    > yrs to get back to the 'top' or 'break even' point for the mortgage.
    > In other words, IF you bought a $600K house that is NOW worth $400K,
    > even if the government modifies your loan, you are essentially paying
    > 'rent'. In the forward 10 yrs of paying your mortgage, you'll NEVER
    > accumulate ANY equity and will only get you out @ your original $600K.
    > You're essentially servicing a loan like a renter is paying a landlords
    > mortgage! You are 'renting' your own house till the mortgage is
    > paid OR you move and STILL have a balloon payment to pay off...WHY
    > would anyone do this!? Walking away and getting into another situation
    > where there is at least SOME upside Equity potential would be THE
    > only answer for these people! Sorry...
    2008 Nov 11 08:05 PM | Link | Reply
  •  
    Flash is spot on...there is so much under-the-radar stuff gong on already,nobody can keep up with the liars..I stopped counting bailout money at 1.5 trillion a month ago,its probably 3 trillion or more by now..not counting liquidity injections...
    2008 Nov 11 08:10 PM | Link | Reply
  •  
    I agree with K9. The homeowners who really should get help are the ones who were responsible going in: 20% down, full docs, DTI you can afford.

    Instead, the 80/20 people who lied about their income are the ones getting the first handout and the 20% down people are getting screwed!

    You'll never see the government help the 20%ers though... because they're "rich" {or at least used to be}.
    2008 Nov 11 08:10 PM | Link | Reply
  •  
    Haven't studied the latest program, but IMHO, the only way such a bailout makes sense, if like Paulsen's proposed bailout to the banks, the US Gov't receives an equity participation for the bailed out collateral so, when the market recovers, however long it takes, the gov't (i.e. taxpayers) receives a RETURN for bailing out these borrowers who shouldn't have been given these loans in the first place.

    Policy-wise, I can understand the need for a "quick-fix" in order to preserve real estate values in nearby areas where borrowers are making monthly payments & are not underwater. But the leaders in Washington need to communicate to these imprudent borrowers there's no such thing as a free lunch. The policy should be "I will help you now, but you will pay me later" in the form of equity. There is absolutely no reason why these borrowers should keep 100% interest in their home after receiving a gift at the taxpayers' expense.
    2008 Nov 11 09:08 PM | Link | Reply
  •  
    k9....
    good point. you heard about all these bidding wars in the real estate hot spots. Now the dumbest (highest) of those bidders is now holding the house. Why not give the people who were prudent and said "too rich for my blood" a shot.

    cadoggy
    {or at least used to be} ... That's funny.
    2008 Nov 11 09:13 PM | Link | Reply
  •  
    fatcat ,flash ,k9 ,cadogy,

    You are correct ! . Those of us who put 20 % down , 28% ltv fixed mortgages on homes we could afford are getting f**ked without even a kiss!
    This is welfare that rewards financial irresponsibility . You are also correct in saying " we used to be rich ".What happens when these losers default again ? You know they will , demanding more handouts ! kp is correct in wondering " what happens to all those equity lines of credit ?"
    2008 Nov 11 09:46 PM | Link | Reply
  •  
    Lin, guess you're right. We haven't even seen the heloc implications yet.

    I think real estate prices in most places should come down. I think in the long run most people have less stressful lives if real estate prices are low. I think Paulson/Bernanke thought, if we have this many problems with real estate going from 100% of peak to 80%, then life as we know it is going to end if real estate goes to 60% of the peak. 60% of the peak is probably a good annual growth rate of 5% from the yr 2000 in most places. So Paulson/Bernanke want real estate prices to stop going down even though the increases in many hot markets would now indicate they have more to fall.

    I don't think mortgage resets do that much to keep real estate prices stable or higher. Resets keep foreclosures off the market but that's all. They don't make prices any more attractive for the new marginal buyer, who is the person who determines current market value in the market. They don't change the price for the marginal new buyer and they don't make financing any easier for the marginal new buyer.
    2008 Nov 11 10:49 PM | Link | Reply
  •  
    These solutions miss the point. The reason to rework mortgages is to stabilize prices. Keep the home off the market while time works off the excess supply. After prices stabilize, everyone will be better off. For as long as the house is occupied, prices will be better off -- no vacancy, no vandalism, stable neighborhood, and a home for a family for a longer time period. After prices stabilize, the mortgages and home ownership can be sorted out much easier.
    2008 Nov 11 11:15 PM | Link | Reply
  •  
    If I were in the situation of loosing my home for whatever reason or having government assistance, I'd stay. Yeah the value might be down and yeah it will take along time to get it back, but the kids wouldn't be uprooted and I would keep the wife happy. As far a I'm concerned those intangibles are worth more than money.

    I saw comments about rent. Actually we all are paying rent until we get the mortgage paid off. After the mortgage is paid the house can still be taken away in some States using eminent domain laws. I'm sure there will be some morons who will try to use 90 day delinquencies to lower their payments. I'm just as sure that in 180 days there will be a law passed making that illegal and it will be backdated till 11/11/08.

    I think adjustable rate mortgages need to be scrapped and balloon payments made illegal. Both of these methods add fuel to the fire. In the 1970's all mortgages (that I knew about) were fixed 15 or 30 year rates.

    Folks who have a few thousand to spare might want to go look at the houses for sale at Fannies website. You can find some pretty good bargains. Fannie has 67,000 homes to get off the books so it's sale time.
    2008 Nov 11 11:52 PM | Link | Reply
  •  
    I would sympathise with homeowners facing foreclosure, but eventually, no one escapes blame for this mess. The banks should take the blame it deserves for any predatory "selling" of its loans while borrowers should share the blame taking something they could not afford. Ultimately, both sides are guilty of something that many taxpayers have not committed and unwilling to bear.

    I actually think that BofA, JPM and Citi are trying to make good moves to rewrite some of the loans, but I would agree with Paul that it is hard or impossible to accomplish. I definitely think FMN and FRE would invite doom by doing that. Without the proper valuation and transparency, any action would still have a huge risk to fail. Not to mention if you revalue one mortgage, you technically need to revalue all the mortgages.

    However, since the true pricing of the real estate is the problem of the loans, why should the banks focus only on salvaging the bad loans? Why not just try to revalue the value? It does take some time, but like Richard said, there will be others? Perhaps the banks should then take a writedown of part of the loan as losses should owners choose to move on and downgrade their homes? I must admit, two problems exist for this, time and guts to swallow the bitter pill. I personally will swallow bitter medicine to get well soon, so I hope this idea could fly into something better. It is better than obliteration though.
    2008 Nov 12 12:23 AM | Link | Reply
  •  
    Mortgages in the US are non-recourse loans (unlike other countries), this means if one walks away from a house valued less than the mortgage - the mortgage holder can take the house, and there is no further obligation of the borrower to pay back the mortgage.

    Taking a variation of a proposal in the WSJ a few weeks ago - refinance the owner occupied house at a low interest rate through Federal borrowing (mortgage at 4 1/2 %) where the obligation to pay remains if one walks away from the house, and the debt does not go away in a bankruptcy (except for extraordinary medical situations).

    The current loan balance is not paid in full by the Federal program: The portion of the mortgage that is greater than 85% of the original purchase price - is a 100% loss for the lender. For the portion of the remaining loan balance after the first adjustment, that is greater than current current assessed value of the house there is a 50% loss to the lender.

    When the house is sold in the future, the Federal program recovers their loss from the second adjustment at a 50% rate until it is recovered to 150%.

    With the lower interest rate, tax deduction (and Obama tax credit for mortgage interest), most people will find staying in their existing home better than walking away.

    To enter the program, both the current mortgage holder and homeowner would need to agree to doing so.

    Finally, change the tax code so that the interest paid on new non-recourse mortgages are no longer deductible or eligible for the Obama mortgage tax credit.

    For those of us who paid our mortgages on time, it's not clear if this is a better deal, they don't have non-recourse loans, we enjoy 100% of home appreciation. At the same time for those in trouble, the offer is good enough to accept.



    2008 Nov 12 01:16 AM | Link | Reply
  •  
    well hopefully the supply and demand in the housing market will equilibrate to give it a break.
    2008 Nov 12 07:49 AM | Link | Reply
  •  
    First problem cited is the problem....if you bought in 2004-2006...even if you paid cash....you paid too much. If you didn't pay too much...you're still renting because you didn't buy....the market was just too hot for rational thought....

    Second problem cited...underwater...m... clients I work with in lending were buying for 5-7 years...or more....if you bout in 2004, perhaps you worry about things in 2011 or later....if the modification plan is properly structured, the incentive to stay in the home versus renting will be a simple math issue....

    The third problem cited....underwriting ratios...is the real culprit....if Mr. Kedrosky thinks 38% is HIGH....what would he think of FNMA's realities of 65%....because F/F were puching through thier best approvals with 60/60....63/65.... FHA today is writing loans with ratios beyond what FNMA is proposing....the 38% guideline proposed is, by recent and current experiences, quite tame and moderate.....

    The leveraging of income by the GSE's and others....as well as the treatment of income..defiining just what is stable income...is at the core...along with the generous F/F guidelines....

    ANd, the housing problemsw today are the result of declining income, that was over leveraged to begin with...

    2008 Nov 12 08:38 AM | Link | Reply
  •  
    BTW, Obama added nothing to the housing debate...no real solutions....while he ran for President, and ignored his day job....250,000 homeowners were foreclosed on....he had to keep the economy down....so lets not hold out a lot of hope from him specifically....hope and help may come....but it will be driven by others.....
    2008 Nov 12 08:45 AM | Link | Reply
  •  
    I have to correct someone's previous comment.

    Not all mortgages in the USA are non-recourse. In fact, only a few states like CA and AZ have that law.

    And even in CA if you ever refinanced your primary residence it is no longer non-recourse.
    2008 Nov 12 12:30 PM | Link | Reply