Treasury Advised to Revamp HAMP Policies and Rectify Confusion Created by Poor Communication
The Special Inspector General for the Troubled Asset Relief
Program (SIGTARP) concludes its report to the Treasury Secretary with a number
of recommendations for improving the performance of the Home Affordable
Modification Program (HAMP); suggesting changes to both policies and
administration.
One of the primary criticisms the report made of HAMP was
its failure to establish goals that were reasonable measures of what it
actually was designed to accomplish. Treasury's
stated goal of three to four million offers to borrowers to modify their loans
was essentially meaningless, according to SIGTARP, because the program could
reach or even greatly exceed that goal while still actually helping only a few
homeowners. Instead, the report
recommends that Treasury rectify the confusion that its own statements have
caused with respect to its goals and expectations for the program. "Treasury must unambiguously and
prominently disclose its goals and estimates of how many homeowners will
actually be helped...and report monthly on its progress to meeting that
goal."
Beyond measuring modifications, the Department should
develop other performance metrics. As an
example, the report suggests goals for servicers to meet in processing modifications
such as the time involved, the numbers of modifications relative to the number
of the servicers' loans that are in default or to foreclosures in general, or
the rate of borrowers falling out of the program. "Having
specific goals and metrics and comparing performance against those goals will
be essential in further refining the program and measuring its success."
The program should greatly increase its marketing efforts
including a sustained public service campaign to reach additional borrowers who
might be helped by the program and to arm the public with complete and accurate
information about the program to avoid confusion and delay and prevent fraud
and abuse. The report had specifically criticized
the earlier lack of marketing materials designed for its target audience, its
meager attempts to gauge whether information was reaching troubled borrowers,
and the absence of a public service television campaign.
The Department was advised to reconsider its policy that
allows servicers to substitute alternative forms of income verification based
on the servicers' subjective determination.
This makes it difficult to determine whether the rules are followed from
both a compliance and oversight perspective.
Because servicers have both an economic and public relations incentive to
convert as many trials to permanent modifications as possible, "this
provision seriously risks being the exception that devours the rule, with
servicers applying loose underwriting standards to generate higher conversion
rates." The report states that, if
Treasury believes it is appropriate to expand the forms of income verification,
it should do so in an open and transparent manner rather than simply deferring the
decision to the servicers.
The entire program structure should be reexamined to ensure
that the program is adequately minimizing the risk of re-default. "If HAMP ends up being a foreclosure
mitigation program that merely delays foreclosures rather than preventing them,
the program will be of questionable value, particularly in light of the huge
investment of taxpayer funds." The
report suggests that the program at present does not address the issues of
non-mortgage debt, second liens on the property, interest rate resets after the
five-year modification term ends, and the fact that many homeowners are
hopelessly underwater on their mortgages.
These conditions are all factors that can lead to re-default.
The report concludes by acknowledging that Treasury has done
a "considerable amount of work and made progress in establishing the
administrative framework of the program" but warns that the Department
must promptly address the issues raised in the report. "Failure to do so," it says,
"could result in a lost opportunity to make sure that the TARP program
that was specifically intended to benefit Main Street as well as Wall Street
succeeds."