Posts Tagged ‘loan’

Bank of America Suspends Fixed-Rate Loans in Illinois

Thursday, September 17th, 2009

BoA LogoLast night Bank of America announced that it was suspending the origination of its fixed-rate product in Illinois. This occurred because of the Illinois High Risk Home Loan Act (HRHLA), which only applies in the state of Illinois. The act is designed to protect borrowers against high-cost loans, and applies to all kinds of loans and mortgages.  Under the threshold set by HRHLA, Bank of America’s fixed-rate product is high cost, since the total closing costs often exceed 5% of the principal limit.

As a result, Bank of America has suspended all fixed-rate reverse mortgage loans in Illinois effective immediately.  They are not allowing wholesale partners to purchase any more Illinois high cost loans.  Bank of America will work with all business partners regarding Illinois loans with a closing costs:principal limit ratio greater than 5%. If new fixed-rate loan applications are received by Bank of America, Bank of America will work with the business partner to determine if the transaction should be re-disclosed as an adjustable-rate.  Otherwise, the loan will be denied.

Although Bank of America has only been issuing its fixed-rate product for the last month or so, this change is still likely to reverberate throughout Illinois.

Wall Street Journal Publishes Front Page Article on Website on Reverse Mortgage Fraud

Thursday, August 27th, 2009

This morning the Wall Street Journal published an article on reverse mortgage fraud on the front page of their website. It is likely the article will make it into tomorrow’s print edition.  The article focuses on the allegedly growing number of reverse mortgage scams, but a closer look at the cases in the article indicates that they appear to be more cases of elder abuse than problems with the reverse mortgage program.

In the case that leads off the article, the borrower was defrauded by the title agent, who defrauded 10 borrowers by taking their money and never giving it to the lender. The title agent, Garry Martin, pleaded guilty to stealing $5 million from over 50 borrowers in mortgage-related frauds. But as the perpetrator of the fraud was a title agent, not indicating a problem with the product at large.

The other two cases mentioned were examples of elder abuse or simple fraud. In one, the son took the mother’s payments. In another, the son took out a reverse mortgage in the name of a deceased mother. He even gave the funeral director an incorrect social security number and birthdate so that the death certificate could not be found by those with the correct information.  In both of these cases, the fraud extended far beyond a reverse mortgage.

Reverse mortgages have a lot of protection built in to protect borrowers from fraud, and loan officers in most states and specifically trained in order to discover and prevent fraud.  Fraud occurs with almost any financial product, but 29 suspected fraud cases out of 165,000 reverse mortgage loans still indicates a pretty safe product- with fraud only occuring at a rate of 0.02% of the time.

More information is also available at reverse mortgage fraud and scams.

Bank of America HECM Servicing Division Found Out of Compliance By OIG

Wednesday, August 26th, 2009

The Office of the Inspector General (OIG) found Bank of America’s HECM Servicing Division to be out of compliance.  The OIG alleged that Bank of America did not comply with two important HUD requirements in its servicing of reverse mortgages. It did not maintain the annual certifications of the borrower’s residency, and it failed to notify HUD in a timely manner when the reverse mortgages became due and payable as a result of the death of the borrower. One reverse mortgage loan file also did not contain an appraisal.

Bank of America  disputes the findings of the OIG. Their main objection appears to be that many of the loans in question were not being serviced by Bank of America when the loan was completed or when the borrower passed away, and rather are files that have since been acquired by Bank of America when Bank of America acquired the Seattle Mortgage Company in April 2007.  The OIG responded that the acquiring servicer is responsible for receiving the complete file from the prior servicer. Another Bank of America objection is that many of the certificates of occupancy could be found through online methods, while the OIG only reviewed the hard copy files. The OIG responded that while there was a written procedure, it did not appear to always be followed, and the occupancy certificates need to be retained.

A complete copy of the report, including Bank of America’s response, can be found below:

OIG Audit Report of Bank of America

Countrywide Can Be Sued by Investors, Rules Federal Judge

Friday, August 21st, 2009

A federal judge in Manhattan ruled yesterday that the Helping Families Save Their Homes Act of 2009 did not exempt Countrywide from investor lawsuits. Countrywide had argued that the federal legislation automatically voided its pledge to buy back loans from investors if those loans were modified for troubled borrowers.  The Helping Families Save Their Homes Act of 2009 was meant to help encourage servicing companies to modify loans, in part by providing some protection under liability arising from loan changes.

However, many of the mortgages owned by Countrywide (which has since been purchased by Bank of America), are owned by investors. The investors receive interests and principal payments from borrowers over the life of the loans. When the loans are modified, these payments are typically reduced. The investors are arguing that when Countrywide and Bank of America agreed to modify the loans, they breached their contract with the investors.

The ruling in the case said that the legislation did not prevent Countrywide’s investors from trying to enforce their rights under the mortgage servicing contracts. It would be up to the investors to prove that Countrywide’s pooling and servicing agreement requires it to repurchase the loans the bank modifies. The case would be in state court, outside of federal jurisdiction. Countrywide wanted the case to take place in federal court, due to the law being a federal law.

This case has some interesting implications.  Right now, the Obama Administration has made it their priority to modify mortgages for borrowers, attempting to help the over 13% of homeowners who are currently delinquent on their mortgages. However, this case shows that even if the servicing companies and lenders agree, other parties, such as investors and hedge funds, may object. Certaintly there are bound to be losers from the housing bust and subprime mortgage crisis- the question is who will bear the brunt of the blow. As individuals argue in their self interest, it appears dangerously likely that the good of the collective whole will suffer.

Breaking News: Bank of America Releases Fixed-Rate Product

Thursday, August 20th, 2009

On Wednesday night, Bank of America officially introduced its new fixed-rate HECM.  The reverse mortgage product, a Fixed HECM 5.56, will be added to Bank of America’s current product offering of the Monthly Libor 225, Monthly Libor 250, Monthly Libor 275, Monthly Libor 300, and the Annual CMT 600. Bank of America also added new disclosures to their application packages. From now on, all application packages for Bank of America loans will include:

- HECM Reverse Mortgage Product Disclosure

- Important Disclosure: Your Payment of Property Charges

- General Questions Regarding HECM Reverse Mortgage Loans

Included in Fixed-Rate Packages Only:

- Truth in Lending Disclosure

- Home Mortgage Disclosure Act (HMDA)

The Bank of America fixed rate product has been highly anticipated for some time, and will hopefully help lower the procesing times for fixed rate loans throughout the industry.

More information can be found in the official press release: 2009-8-18-fixed-rate-release

Increasing Number of Homeowners Upside Down on Mortgages

Thursday, August 6th, 2009

At the end of June, 24% of homeowners were upside down on their mortgages. In other words, 24% of homeowners owed more on their mortgages then their homes were worth. When added to those with no equity remaining in their homes, the percentage climbs to 32%. Nevada, Arizona, California, and Colorado are the biggest offenders with rates of 40%, 37%, 33%, and 31% respectively of homeowners whose homes are worth less than their mortgages. In some of these markets, homeowners are walking away from homes where they may owe twice as much as the home is worth or more. And when the home is worth less than the mortgage, borrowers no longer qualify for some of the programs that might be able to help them, such as a reverse mortgage.

In response, some are urging the government to begin reducing loan balances to help borrowers cope with the problem. Lowering loan payments or rates will only make the mortgages drag out interminably, and still not recoup the home’s equity (unless it appreciates again over time back to levels that are higher than during the time of the boom).  If the government reduces the loan balances, borrowers will be inclined to continue to invest in their homes and stay in their residences, rather than walk away. This will reduce foreclosures, hopefully, as well as abandoned properties.

What do you think?

Mortgage Servicers Under Pressure to Modify More Loans

Wednesday, July 29th, 2009

Representatives from many of the mortgage industry’s leading mortgage servicing companies met with members of the Obama administration in Washington on Tuesday.  The meeting was called to discuss ways to improve the administration’s housing rescue plan and loan modification program. It was called in light of the fact that the program, while launched in February to great fanfare, has only completed trial modifications on over 200,000 loans so far. The administration’s goal remains 500,000 trial mortgage loan modifications by November 1st.  In what is perhaps an effort to increase the pressure on mortgage servicers to modify more loans, the Obama administration also announced that it remained on track to release a report on the individual mortgage servicing companies by August 4th. The report will contain the number of trial modifications offered to eligible borrowers and the number of trial modifications currently under way.

Some seem to fear that adding additional pressures to the mortgage servicers will cause banks to take additional losses on the loans. However, it is commendable for the administration to push for the loan modifications–especially in a program that has had so many complaints over the past few months.  I’d argue that while the losses taken by the banks will in aggregate certainly be larger than that taken by the homeowner whose loan was not modified and gets foreclosed upon, the significance of the foreclosure is greater for the homeowner than for the bank. Furthermore, it is perhaps easier for the administration to then aid the bank, rather than aid each of the millions of homeowners whose homes have been pushed towards the brink of foreclosure as a result of the economy-the people who this program was designed to help.

Obama's Homeowner Relief Program Still Excludes Many

Wednesday, June 3rd, 2009

While the Obama Administration’s Home Loan Modification Program was supposed to help homeowners who have lost their jobs and are having trouble making their mortgage payments, the NYTimes wrote an article today highlighting the many people whom the banks have been unwilling to help because they have never been late on a mortgage payment before.  Some of these homeowners are upside down on their mortgages–others are having trouble simply due to the circumstances of the recession. 

Although it is often dangerous to make generalizations solely based on the case highlighted in the story, it is extremely plausible that banks are unsure how to handle customers with good payment histories who are now running into financial difficulties. The banks and government programs seem to be waiting for people to get into a lot of trouble before bailing them out, rather than helping prevent those problems in the first place.  

Furthermore, the number of subprime and Alt-A mortgages refinanced in May fell 11 percent from April, according to research by Alan White at the Valparaiso School of Law. Given the record number of homeowners behind on their mortgage payments or facing foreclosure, this statistic is problematic and disturbing. 

Many of those affected include seniors.  The woman profiled in the article, Eileen Ulery, is 63, old enough to qualify for a reverse mortgage.  However, her property is upside down, meaning she would be likely to face a shortfall.  

While I agree that on a scale of priorities we should be helping those whose circumstances are most dire first, it does not seem to correlate that homeowners who have been responsible are being penalized. Bank of America Home Loans is quoted in the article as saying they are still putting the programs in place for those not facing a severe threat of foreclosure.  I would hope that those programs are as inclusive as possible, and put together soon so that these individuals do not end up in a dire situation before they can get help.

Financial Counseling May Help Homeowners Avoid Foreclosure

Monday, June 1st, 2009

A recent New York Times article focuses on Fannie Mae’s HomeSaver Advance Program, a now-deemphasized program that gave borrowers up to 15,000 in unsecured personal loans to cover missed mortgage payments. However, 70% of the borrowers who took out these loans defaulted.  This instance helps highlight the importance of financial counseling.  The article closes with the example of a New York City program that makes foreclosure avoidance loans available to borrowers who have undergone counseling.  This program has given out 15 loans so far, none of which have defaulted.

Reverse mortgage counseling has come under fire recently, and several states have been debating whether to  pass legislation requiring counseling before all reverse mortgage transactions.  It is often argued that counseling is necessary in order to ensure that the senior borrower understands the reverse mortgage transaction, but if one looks closely, it appears that counseling has the potential to do a lot more than that.  As counselors at the NRMLA Orlando Road Show explained, the purpose of counseling is partly to make sure that the borrower will still have enough money to live on after the reverse mortgage.  The financial counseling portion of the reverse mortgage counseling process is perhaps underestimated, but it articles such as the one referenced above help show that financial counseling may be another way to help homeowners avoid foreclosure–and ensure that the steps they take in the short term will not penalize them in the long run.

Minorities Disproportionately Affected By NY Foreclosures

Monday, May 18th, 2009

The NYTimes published a very interesting article this weekend documenting how minorities have been disporportionately affected by foreclosures in NY.  The article points to systematic abuses within the system that appear to be partly responsible for the split along racial lines, and can hopefully be prevented in the future.

85% of the worst hit neighborhoods in the New York Metropolitan Area are predominantly black or hispanic.  These neighborhoods are areas where the foreclosure rate is at least double the regional average.  However, perhaps more surprising and troubling is that the crisis is affecting the African American middle class more than the lower classes. Black households making over $68,000 a year annually are more than five times as likely to hold a subprime mortgage than whites of similar or even lower incomes.  These mortgages are the ones most affected when the housing bubble burst.

Furthermore, the African American lending universe is generally constituted of about a dozen banks and lenders, constituting half the loans given to black middle income borrowers in 2005 and 2006.  The terms of these loans were generally less favorable and more risky, with costs that can vary by thousands of dollars depending on the variability of the interest rate. Furthermore, 33% of the subprime loans given out to borrowers in 2007 went to borrowers with credit scores that should have been high enough to qualify them for a conventional loan. There is normally a three percent interest rate difference between subprime and conventional loans, which can add up to a difference of tens of thousands of dollars for the consumer.  The NYTimes points to a $272,000 difference in the interest on a $350,000 loan.  They also mention well-off African Americans with nine to eleven percent annual interest rates on their mortgages, rates that are surprisingly high for the group. 

Now in NY, whole neighborhoods are under assault. Fears of disinvestment are climbing, as homes once owned are becoming rental properties and vacancies increase.

What strikes me so strongly about this story is that it seems like a strong case of discrimination.  While part of the problem stems from members of the African American community not trusting traditional banks in the wake of decades of discrimination,  pushing them to subprime lenders, part of the problem is that it appears that these populations were particularly targeted with unfavorable terms and loans.  Now, we are seeing the consequences and these are the neighborhoods that will be most affected. There is a direct correlation between the increase in the number of foreclosures and an increase in violent crime, making the situation only more dire.

These lenders need to be held responsible, hopefully many of these borrowers will be able to get their mortgages refinanced, and hopefully the city and the country will take steps to ensure that this kind of racial discrimination in the loan market does not continue.