Representatives of four of the
nation's largest mortgage lenders and servicers testified before the House Financial Services Committee yesterday on "Second Liens and Other
Barriers to Principal Reduction as an Effective Foreclosure Mitigation Program."
Prepared testimony from speakers indicates
that the servicers are concerned not only with second liens but also with the
concept of principal reduction as a loan modification tool. The remarks of the four also address the
level of effort their companies have put forward in addressing the current
mortgage foreclosure crisis.
David Lowman, J.P. Morgan
Chase's CEO for Home Lending said in his testimony that large scale, broad-based principal
reduction programs raise serious policy concerns, for both first and second
lien mortgage loans, and particularly for current borrowers with an ability to
repay their obligations. "In
Chase's view, such programs could be potentially very harmful to consumers,
investors, and future mortgage market conditions - and should not be undertaken
without first attempting other solutions, including more targeted modifications
efforts."
He said that mortgage
contracts are based on a promise to repay the money borrowed and contain no
provision that the lender will restore equity or reduce the repayment amount if
the collateral 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?"
Lowman also voiced concern
that broad-based principal reduction could result in reduced access to credit
and higher costs for consumers if market risk to lenders and investors
materially increases. Because this would
result in increased down payment requirements and higher premiums for mortgage
credit, less affluent borrowers would be harmed disproportionately.
Barbara Desoer, President
of Bank of American Home Loans says in her prepared testimony that, while her
company "is supportive of principal reduction for customers who have high
loan to value rations and are experiencing hardship, we believe solutions must
balance the interests of the customer and the investor."
She said that in using
principal reduction there is, from the customer perspective, a fairness
issue. 86 percent of her bank's servicing
portfolio is current; customers paying their mortgages every month "some
of them making difficult choices and sacrifices to do so." She said this does not mean that principal
reduction should not be used for those unable to stay current, but that it must
be done in a measured, responsible way so that "only customers with a
legitimate hardship and genuine interest in maintaining homeownership
qualify."
She said that Bank of
America's recently announced program for principal reduction is a solid
start. It includes what she called an
"innovative earned principal forgiveness approach" to help customers
who owe significantly more than their homes are worth.
Her bank, she said, is also
looking forward to the final details of Treasury's new program to reduce
principal for homeowners with an LTV ratio in excess of 115 percent. She said Bank of America is very supportive
of targeted principal reduction performed in a way that addresses the "significant
moral and financial hazards but also recognizes the reality regarding the
diminished future prospects for home appreciation."
Michael J. Heid, Co-President,
Wells Fargo Home Mortgage said his company began using principal forgiveness as
an element of its loan modification program several months before the advent of
the Home Affordable Modification Program (HAMP). While "principal forgiveness is not an
across-the-board solution," he said, he has positive results to share with
the House Committee.
Wells Fargo completed more
than 50,000 loan modifications using principal reduction in 2009 resulting in a
total reduction of more than $2.6 billion. The bank's program granted immediate
and permanent forgiveness, not an "earn out" over time. On average, he said, customers received a 15
percent reduction in principal amounting to more than $50,000, and when
combined with rate reductions and term extensions their average monthly
payments dropped by 25 percent.
Heid said that Wells Fargo
has found principal forgiveness is best used to help customers with certain
characteristics. Typically, they are
owner occupants and are concentrated in areas with severe price declines and
little prospect for full recovery of home values. "While these customers have suffered
financial hardship," he said, "they continue to have sufficient
verifiable incomes to sustain homeownership with appropriately reduced
payments. Finally, they want to remain
in their homes."
He said the bank is pleased
with the performance of the modifications for customers with these
characteristics and in fact, during 2009, the re-default rate among them was
less than half the rate for similar loans in the industry.
Sanjiv Das, President and
CEO, Citi Mortgage Inc., said, in very brief prepared remarks, that Citi has
used and continues to use principal reductions and believe that this is one of
many options that must be used responsibly.
Comments from the four
were, perhaps a little less defensive, when discussing the role of second liens
in modification efforts. We will look at
their comments and suggestions as well as their perspectives on their overall
loan modification efforts to date in subsequent articles.