Questions about the mortgage plan
By MarketWatch
Last update: 6:05 p.m. EST Dec. 6, 2007
WASHINGTON (MarketWatch) -- Under prodding from the government, the mortgage industry has agreed to give more than a million homeowners the chance to modify their subprime adjustable-rate loan before they fall behind in their payment.
Here are answers to a few frequently asked questions about the plan.
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I'd like to have my rate frozen. What do I need to do?
You must call a special hot-line or your mortgage servicing company.
The plan is open to a select group of homeowners. To be eligible, a borrower must have a FICO credit score of 660 or less, have taken out an adjustable-rate loan between Jan. 1, 2005 and June 30, 2007, and be current on payments. The industry estimates that about 1.2 million homeowners may be eligible.
Any borrower who wants to participate must contact the HOPE NOW coalition at 1-888-995-HOPE. There is no automatic signup. Some lenders will send letters to borrowers who may qualify, but some may not. Some lenders aren't part of this voluntary plan, but may be open to a case-by-case modification.
What if I've fallen behind in my payment?
Borrowers who are delinquent should contact their lender, mortgage servicer or a nonprofit credit counselor immediately to try to work out a payment plan. The rate freeze is not automatically available to those who are behind in their payments. Lenders have an incentive to modify your loan so you can stay current. They don't want to own your house, but they also want to be repaid.
Of 1.8 million subprime ARMs due to reset in 2008 and 2009, an estimated 600,000 are already delinquent and not eligible for the fast-track modification plan announced Thursday.
What's the next step if I'm current with my payments?
Once you've shown you're current, the servicer will determine whether you're eligible for a modification, based on the standardized criteria established by this plan.
The next step is to see whether you could refinance your current ARM into a sustainable mortgage with a payment you can afford under stricter lending standards that have now been put into place, including income verification and tighter requirements on debt-to-income ratios. The plan does not cancel existing pre-payment penalties.
If you can't refinance, the servicer then evaluates your ability to afford the higher payment that you'll owe once your adjustable-rate resets. If you can afford the higher payment, according to industry standards on debt-to-income ratios, you won't be offered any modification.
If you can't afford the higher payment, your interest rate will be frozen at the "starter" rate for five years. For most subprime borrowers, the starter rate is between 7% and 9%. The starter rate is not a "teaser" rate of 1% or 2%, which may be offered for a few months at the beginning of a loan, before jumping to the starter rate.
If it's not clear whether you can afford the payment or not (based on a quick analysis of your history and your loan), then your case would leave the assembly line and go to a case officer for more detailed individual evaluation. You'll either get a rate freeze, or you'll be told to get ready to pay the higher rate.
I thought this was going to be a blanket freeze on all interest-rate resets? Why not just freeze everybody's interest rate? Wouldn't that prevent more foreclosures without having to evaluate each loan?
Freezing everybody's rate would violate the rules for securitizing mortgages, which typically allow modifications only when the loan is in default or in danger of going into default. The goal of preventing foreclosures was balanced with the goal of maintaining a functioning securities market, which could be decimated if the accounting or tax treatment of securitized loans were changed ad hoc.
What if I have a fixed-rate mortgage, or a prime adjustable-rate loan that is about to reset?
You aren't eligible for this plan, but you should contact your lender or servicer if you feel you can't make your payment.
Isn't this a government bailout?
The government isn't using any taxpayer money for this plan. The costs will be borne by the mortgage industry.
Why should these deadbeats be helped? They signed a contract and should suffer the consequences of their bad decision to take out a mortgage they couldn't afford. I did the responsible thing, and no one is helping me with my payment.
Life is unfair. Some undeserving people will benefit from the plan. Some people were greedy. Some were unscrupulous. But many subprime borrowers didn't understand the consequences of what they agreed to. Even the mortgage industry accepts that most borrowers don't understand the terms of their loans. It's apparent that even the most sophisticated investors didn't really understand the risks from subprime lending.
The industry has agreed to this plan because it is in their interest to limit foreclosures if at all possible. No one is being forced to modify loans. The government worked for the agreement because it wants to prevent foreclosures from destroying families, neighborhoods and the economy.
It's possible that preventing foreclosures will also prevent housing prices from falling as far as they might. Depending on whether you are buying or selling, that's either a good or a bad thing.
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