Like Crooked Circus Carnies, BofA Teases 200,000 Homeowners With Principal Writedowns

They Only Get Them If They Jump Through Hoops And Qualify

Diana Olick, CNBC

A select group of struggling mortgage borrowers are about to get an offer that sounds too good to be true. Executives at Bank of America say they will begin mailing 200,000 letters offering certain customers mortgage principal reduction.

If people get these things and toss them, they won’t be eligible,” says Ron Sturzenegger, the Bank of America executive charged with providing solutions to borrowers in need of mortgage assistance.

But the offer is real, and eligible borrowers could get as much as $150,000 knocked off the balance of their mortgages. It is all part of the $25 billion settlement reached this year between federal and state agencies and the nation’s five largest mortgage servicers over fraudulent foreclosure document processing (so-called “robo-signing”).

Bank of America [BAC  7.79    -0.17  (-2.14%)   ], in a deal with state attorneys general and the U.S. Department of Justice, committed $11 billion to mortgage principal reduction, but executives say they will go beyond that if enough borrowers respond to their offer. Five thousand borrowers have already received a collective $700 million in principal reduction through a pilot program for those already in a modification negotiation. The 200,000 borrowers being targeted now may have already exhausted modification options or may have yet to contact the lender.

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HuffPost Says Its Time To Fire FHFA Puppet Master DeMarco

Peter S. Goodman, Business Editor, Huffington Post

FHFA Puppet Master DeMarcoThe single largest obstacle to meaningful economic recovery is a man who most Americans have probably never heard of, Edward J. DeMarco.

From his perch as acting director of the Federal Housing Finance Agency, DeMarco oversees Fannie Mae and Freddie Mac, the government-owned mortgage behemoths that collectively control about half of all home loans in the land. What he does shapes both the national housing market and the ability of troubled borrowers to hang on to their homes. What he has been been doing lately has been so unhelpful that Democratic lawmakers and grassroots advocacy groups are properly demanding his ouster.

DeMarco steadfastly refuses to allow Fannie and Freddie to help distressed homeowners by writing off principal balances on their mortgages. This has ensured that tens of millions of borrowers remain “underwater,” meaning they owe the banks more than their homes are worth — a status that has an alarming tendency to portend foreclosure. His refusal is based on logic that is both elegantly simple and tragically flawed: He is responsible for cleaning up the books at Fannie and Freddie, so he is against spending money.

If DeMarco were fire chief and your house became engulfed in flames, you could forget about calling 911. By his reasoning, the taxpayer would be best served by keeping the fire engines in the station, lest they get damaged in the line of duty. It would not matter whether the flames licking your windows were the result of your recklessness or the product of an explosion at, say, the methamphetamine lab down the street. He would not run up the municipal water bill by saving your block.

Many housing experts have long argued that writing down balances for underwater homeowners is the key to limiting foreclosures. Even the Obama administration — which previously fought against principal reduction — has come to embrace this strategy. The $25 billion foreclosure settlement that the administration brokered last month with the nation’s five largest banks includes provisions that will write down balances.

But if DeMarco keeps refusing to go along, the new program will be irrelevant. Only he has the power to make principal reduction happen broadly because only he has his hands on the levers at the institutions that control most of the mortgages.

“He is standing in the way,” Rep. Jerrold Nadler, the New York Democrat, told me on Thursday. “He is single-handedly saying that he’s opposed to any write-downs because all he cares about is the fiscal solvency of Fannie and Freddie — a legitimate concern, but not the only concern. If he doesn’t do what he ought to do, then he ought to be fired.”

A day earlier, Nadler stood on Capitol Hill with a dozen other lawmakers and a coalition of activist groups, the New Bottom Line, to call for DeMarco’s removal. The group delivered petitions to the Federal Housing Finance Agency headquarters bearing the signatures of 85,000 Americans demanding DeMarco’s firing. They sent the petitions to President Barack Obama.

How does the president view these calls for DeMarco’s removal? Let me know if you find out. The White House declined to talk.

Secretary of Housing and Urban Development Shaun Donovan has been vocal about his unhappiness with DeMarco. “Our goal is to get a good nominee and get someone in there who shares our view,” he recently told Huffington Post editors and reporters.

Last year, the Obama administration tried to replace DeMarco by appointing Joseph Smith, the respected North Carolina banking commissioner. But the Senate refused to confirm him, leaving DeMarco in place.

Some reports suggest the White House cannot remove DeMarco because he is the head of an independent agency. But that’s nonsense. He is merely the acting director and was never confirmed by the Senate. Under the 2008 law that created the Federal Housing Finance Agency, the White House could designate someone else inside the agency to take his place (though the other options bring similar ideological baggage). Better yet, the administration could circumvent the Senate with a recess appointment.

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JPMorgan Chase Argues Against Mortgage Modifications, Citing Sanctity Of Contracts

Shahien Nasiripour, Huffington Post

With millions of homeowners losing their homes to foreclosure during this recession, megabank JPMorgan Chase plans to argue against the Obama administration’s latest weapon in its fight to stem the problem — principal cuts for struggling borrowers — by citing the sanctity of contracts and the borrower’s “promise to repay.”

In testimony to be delivered Tuesday afternoon, David Lowman, chief executive officer for home lending at the “Too Big To Fail” behemoth, will fight back against the program which calls for lenders and investors to decrease the outstanding debt owed on a home mortgage. While his competitors at Bank of America, Wells Fargo and Citigroup plan to dance around the issue — judging from their prepared remarks — Lowman cut right to it: borrowers don’t deserve it.

“Like all loans, mortgage contracts are based on a promise to repay money borrowed,” Lowman’s prepared remarks read. “Importantly, there is no provision in the mortgage contract, express or implied, that the lender will restore equity or reduce the repayment amount if the value of the collateral — be it a home, a car or a stock market investment — depreciates.

“If we re-write the mortgage contract retroactively to restore equity to any mortgage borrower because the value of his or her home declined, what responsible lender will take the equity risk of financing mortgages in the future? What responsible regulator would want lenders to take such risk?”

In January, the firm’s chairman and chief executive, Jamie Dimon, told the panel investigating the roots of the financial crisis that, prior to the collapse, JPMorgan Chase did not conduct any stress tests that showed house prices falling.

“I would say that was probably one of the big misses,” Dimon said. “We stressed almost everything else, but we didn’t see home prices going down 40 percent.”

So the firm made loans, arguably not knowing that the value of the assets backing those loans might one day significantly decline in value.

Read more here: http://www.huffingtonpost.com/2010/04/12/jpmorgan-chase-argues-aga_n_534898.html

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Obama Foreclosure-Prevention Plan Lagging, New Data Shows

Shahien Nasiripour, Huffington Post

Only about a third of the homeowners who have successfully completed the trial period of the Obama administration’s mortgage modification program have been offered permanent relief, according to new federal data obtained by the Huffington Post.

The conversion rate — about 33 percent — is woefully short of what the Treasury Department had forecast. Treasury thought the rate would be “ranging up to 75 percent,” Herbert M. Allison Jr., assistant secretary for financial stability, told the Congressional Oversight Panel in October.

The other two-thirds of homeowners who have gone through the trial program and made the necessary payments remain in limbo. Some of those homeowners — more than 350,000 of them — will ultimately lose out on the kind of relief the administration has repeatedly promised: averting foreclosure through lower monthly payments.

“I remain very concerned about the relatively small number of conversions from trial to permanent modifications for homeowners,” said Richard H. Neiman, New York’s superintendent of banks and a member of the COP, in an email to HuffPost. “Hundreds of thousands of homeowners are left in limbo by [mortgage] servicers and [are] once again at risk of foreclosure.”

Read more here: http://www.huffingtonpost.com/2010/03/09/obama-foreclosure-prevent_n_492376.html

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