The Homeowner Affordability and Stability Plan (HASP) does offer a lot of provisions for helping a wide variety of homeowners. However, a decrease in home value isn't on its own a valid reason for your lender to drop your principal balance (this is called a "cram-down"). If your property increases in value, after all, your lender doesn't get to demand that you pay more. That said, here is the short course on this plan, who it can (and can't) help, and how you qualify for a refinance or loan modification. The rescue comes in two parts: The Home Affordable Refinance Plan and the Home Affordable Modification Plan.
Home Affordable Refinance Plan (HARP) Qualification
This plan is designed to allow homeowners who are underwater on their houses but successfully making their payments to refinance to today's lower rates. It is what's called a streamline refinance with minimal qualifying. To be eligible:
- Your mortgage must be owned by Freddie Mac or Fannie Mae.
- The home must be your primary residence. Not an investment or vacation property.
- You must be in good standing (no late payments in the last 12 months) on your current home loan.
- Your refinanced first mortgage can't exceed 105% of your home's current appraised value.
Home Affordable Modification Plan (HAMP) Qualification
This program is for homeowners in trouble--those whose mortgage payment is unreasonably high for their income. To be eligible:
- Your housing costs must exceed 31% of your gross income.
- The unpaid balance of your mortgage must be below $729,750 (multifamily homes have a higher limit).
- You may be required to attend credit counseling sessions if you have a lot of consumer debt.
- Modification takes place first by lowering the interest rate (to as low as 2% if necessary), extending the term of the loan (as long as 40 years), and finally to reducing the balance (to no less than the appraised value of the home). You must be able to realistically make a modified payment. If you have little or no income, you won't qualify.
- Mortgage servicers are not required to make a modification if you're close to defaulting or you are at least 60 days behind on your payments. In that case, the servicer is required by law to determine if modifying your loan will generate more cash flow over five years than not modifying it. If it does, you get a modification. If not, the lender doesn't have to modify your loan and if you default it can foreclose.
These programs have been created with the goal of helping 9 million homeowners. Check with your current loan servicer to see if you might be one of them.
Answer Submitted on Mon, Mar 23 2009
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