Two U.S. Senators have reintroduced
legislation to help homeowners refinance into lower interest mortgages. The bill,
The Responsible Homeowner
Refinancing Act of 2013,
removes the barriers preventing the Fannie Mae and Freddie Mac borrowers from
refinancing their loans at the lowest rate possible.
The legislation,
introduced by Robert Menendez (D-NJ) and Barbara Boxer (D-CA) had failed to
pass the 112th Congress. If passed it would direct the GSEs to require
the same streamlined underwriting and associated representations and warranties
under the Home Affordable Refinancing Program (HARP) to new servicers who now face
stricter underwriting guidelines fear greater risk from putbacks and loan
repurchases than do the current servicers who already have the risk. This would level the playing field and unlock
competition between banks for borrowers' business.
When FHFA recently
expanded HARP eligibility to underwater borrowers, they continued to require
lenders to distinguish between borrowers with less than 20 percent equity and
greater than 20 percent equity in ways that left higher equity borrowers with
greater costs and administrative burden. Although the GSEs lowered
up-front fees for HARP loans with less than 20 percent equity, they left them
in place for those with more equity. This created the economically
indefensible situation in which borrowers with significant equity in their
homes and presenting lower risk could face steeper costs in refinancing than
borrowers with no equity whatsoever and therefore higher risk. These additional
fees can be as high as two percent of the loan amount, or an extra $4,000 on a
$200,000 loan.
This bill prohibits the
GSEs from charging up-front fees to refinance any loan they already guarantee,
which is also in the best financial interests of the GSEs and taxpayers.
GSEs use Automated
Valuation Models to determine home values without the need for slow and costly
manual appraisals. However, borrowers who happen to live in communities without
a significant number of recent home sales often cannot use these models and are
forced instead to pay hundreds of dollars for a manual appraisal for a HARP
refinance.
This bill requires the
GSEs to develop additional streamlined alternatives to manual appraisals,
eliminating a significant barrier and reducing cost and time for borrowers and
lenders alike, especially in rural areas.
HARP already restricts participation
to borrowers who are current on their loans and have demonstrated a commitment
to making their payments on time - even in the face of loss of income or
employment. There is thus no reason to require proof of employment or income
for these loans, particularly given that the GSEs already retain the risk which
will only diminish with lower interest rates. This bill eliminates employment
and income verification requirements, further streamlining the refinancing
process and removing unnecessary costs and hassle for lenders and borrowers
alike.
According to the CBO,
the bill pays for itself through reduced default rates on GSE loans, which
saves taxpayers money.
Finally, the bill extends the HARP
program for one additional year beyond its scheduled expiration of December 31,
2013.
Under HARP an average
homeowner saves about $2,500 per year. This bill would increase the amount they
could save and expand refinancing opportunities for millions of eligible
borrowers.