Following a week
when the Treasury Department, the Department of Housing and Urban Development,
and the Federal Home Financing Agency have each released reports touting the
success of their foreclosure prevention programs, the group charged with their
oversight now says the picture isn't quite so rosy.
The
Congressional Oversight Panel which was created
by Congress to keep an eye on expenditures under the Troubled Asset Relief
Program (TARP) and to provide recommendations on regulatory reform issued its
October report this morning. It
expresses "concern about the limited scope and scale of the Making Home
Affordable Program (HAMP)."
The
panel is specifically charged with assessing the effectiveness of HAMP and a
sister program, The Home Affordable Refinance Program (HARP.) HAMP is
designed to assist homeowners who are seriously delinquent on their mortgages
through loan modifications while HARP is directed toward homeowners who are
current on their mortgages but owe more on those loans than their homes are
worth.
Since
the panel last reported in March, HARP has closed 95,729 refinances which the
panel says has hopefully reduced the number of homeowners who may face
foreclosure in the future. By the end of
September HAMP had facilitated 1,711 permanent mortgage modifications
(following successful completion of a three month trial period) and placed
362,348 other loans into trial modifications.
As reported here yesterday, those trial modifications have now reached 500,000.
The
panel said that the $42.5 billion which Treasury estimates it will spend on
HAMP should support about 2 to 2.6 million modifications. If these are successful in reducing investor
losses, they should translate into improved recovery on other taxpayer
investments. However, the report states,
"if foreclosure starts continue their push toward 10 to 12 million, as
currently estimated, the remaining losses will be massive."
In its
210 page report the panel, relying in part on a cost benefit analysis conducted by Professor Alan White of Valparaiso University, expressed three concerns about the current operation
and structure of HAMP; its scope, its scale, and its permanence.
Scope. There is
reason to doubt that Treasury will be able to achieve its foreclosure
prevention goals because HAMP is limited to certain mortgage configurations. The expected wave of delinquencies in payment
option adjustable rate mortgages and interest only loans will be outside of
HAMP eligibility guidelines. In addition
the program was not designed to address foreclosures arising from unemployment
which now appears to be a major reason for non-payment. Furthermore, foreclosures are now moving from
the subprime into the prime mortgage market.
"It increasingly appears that HAMP is targeted at the housing crisis as
it existed six months ago, rather than as it exists right now," the report
states.
Scale. The report
acknowledges that significant infrastructure is required to carry out the goals
of HAMP, both at the Treasury Department and at the participating servicers and
that such infrastructure cannot be constructed overnight. Currently, however, foreclosure starts are
outpacing new trial modifications by a 2 to 1 ratio and some homeowners who
could have benefited lost their houses before they could avail themselves of any
help. The report cites the near-term
target of 500,000 trial modifications by November 1 as possible (as stated, it
has been attained) "but may not be large enough to slow down the foreclosure
crisis and its attendant impact on the economy." Treasury has estimated that the program, once
it is fully operational, could reach 25,000 to 30,000 modifications per week
but, the panel claims that at that rate less than half of the predicted foreclosures
could be avoided.
Permanence. The panel expressed
skepticism about the ability of the modifications to put borrowers into stable
situations on a long-term basis. In the
first few months of the program, the report says only a very small proportion
of the loans that have been entered into trial modification periods have been
converted into permanent modifications and even if that percent is greatly
increased, many modification plans allow payments to rise after five
years. Also, HAMP modifications increase
negative equity for many and this appears to be associated with increased rates
of redefault. Thus HAMP may merely be
delaying foreclosures, not avoiding them.
Even
if Treasury successfully addresses the panel's concerns, the future success of
the program will also depend on the housing market. One-third of all mortgages are underwater at
present; that is the homeowner owes more on the mortgage than the house is
worth, and there are suggestions that this will increase to one-half if home
prices continue to drop. Negative equity
makes it more likely that homeowners will simply mail their keys to the bank if
they have to move or if they encounter financial problems. Other may simply conclude they are better off
giving up their homes and renting for a while rather than continuing to pour
money into a mortgage. Negative equity
could mean that the country will continue to see high foreclosure rates and
housing instability for many years.
The
panel makes several recommendations. Treasury
should reconsider the scope, scalability, and permanence of its programs so as
to minimize the economic impact of foreclosures and should also consider
whether new programs or program enhancements should be adopted.
Treasury
must be fully transparent about its programs' operations and effectiveness. While the department's data collection is
improving it should be expanded and the results made public. It should also release its Net Present Value
model which is used to determine homeowner eligibility and borrowers should be
given specific reasons when their modifications are not approved and presented
with a clear path of appeal.
The
process and its associated documents should be made more uniform so that all
parties involved - borrowers, servicers, and advocates - can easily navigate
the system and the panel restated a request from its March report for
development of a web portal.
The
panel also urged strong consequences for servicers who fail to comply with the
program's requirements and for development of performance metrics to reinforce
accountability along with a public report of compliance that names the lenders
and/or servicers.
The
congressional panel is composed of the following members: former Securities and Exchange Commissioner
Paul S. Atkins, Congressman Jeb Hensarling (R-TX), Richard H. Neiman,
Superintendent of Banks for the State of New York, and Damon Silvers, Associate
General Counsel of the AFL-CIO. The
fifth member, Elizabeth Warren, Leo Gottlieb Professor of Law at Harvard Law
School, has been the public face of the panel, appearing frequently on a
variety of cable and network news shows.