The Federal Housing
Administration (FHA) published a new mortgagee letter on Friday laying out the
details of enhancements to its Making Home Affordable Program (MHA) and its own
refinance program aimed specifically at "upside-down" homeowners. The changes were first announced on March 26
and will take effect on September 7.
The enhancements are
designed to maintain homeownership for borrowers who are current on their
mortgage but owe more on those mortgages than the market value of the
home. Like most of the measures that
have been undertaken to stem the flow of foreclosures and stop the collapse of
the housing market, these changes rely to a great extent on the cooperation of
a homeowner's existing lenders who must be willing to write off at least 10
percent of the outstanding balance of a senior lien or relinquish or
re-subordinate a junior lien position.
Participation in the
voluntary program is limited to homeowners who, In addition to a negative
equity position and being current on mortgage payments, must be the
owner-occupant of a 1-4 family home used as the primary residence and not
currently financed with an FHA guaranteed mortgage. The borrower must qualify for the new loan
under current FHA underwriting guidelines which, among other criteria, require
a "FICO-based" credit score of at least 500.
The requirement that
the mortgage be current does not eliminate borrowers who have cured
delinquencies. A borrower who has
successfully completed the trial modification period under the Making Home
Affordable Modification Program (HAMP) may close on one of the new loans the
month following the conversion of his loan to permanent status. In the case of a non-HAMP modification, the
borrower must have made three monthly payments on time and be paid-to-date at
the time the loan is made.
The new FHA mortgage
can have a loan to value (LTV) ratio of no more than 97.75 percent, and if
junior liens are re-subordinated to the new loan, the combined indebtedness can
not constitute more than a 115 percent LTV of the refinanced loan.
The new mortgage can
be used only to refinance the unpaid principal balance on the first lien plus any
prepaid interest for the month the mortgage is originated, prepayment
penalties, late charges, escrow shortages, closing costs, prepaid expenses, and
discount points. Any charges that would
put the LTV above the levels described above would have to be written off by
the mortgagee.
In underwriting the
loan, lenders are not permitted to use premium pricing to pay off existing debt
obligations in order to qualify the borrower nor are they allowed to make
mortgage payments on behalf of the borrowers or otherwise bring the loan
current in order to qualify for FHA insurance.
The existing mortgagee is also prohibited from bringing its mortgage
current except through an acceptable permanent loan modification.
For loans that
receive a "refer" risk classification for TOTAL Mortgage Scorecard
and/or are manually underwritten, the homeowner's total monthly mortgage
payment including mortgage payments, cannot be greater than 31 percent of gross
monthly income and the total debt cannot be greater than 50 percent.
Under the program a
junior lien holder would be eligible for a $500 cash incentive for
extinguishing all claims on the collateral.
If the junior lien holder merely agrees to re-subordinate his lien, then
the subordination documents may not provide for a balloon payment within ten
years from closing unless the property is sold or refinanced and must permit
the borrower to prepay the loan without penalty with 30 days advance
notice. Any required payments on the
lien must be collected monthly and, unless any forbearance is for a period of
at least 36 months, any payment must be included in the borrowers qualifying
ratios.
The agency cites a
HUD Regulatory analysis that concluded that at least one-half million people
would take advantage of the enhancements in order to refinance although as many
as three times that number is thought possible.
The economic benefits of the program could be as little as $11.8 billion
or as much as $35.3 billion.
FHA advises
borrowers that their credit reports and credit scores might be damaged because
of the principal forgiveness requirement and that they should also consult a
financial advisor about any tax ramifications that might come from their participation
in the program.