LIEB BLOG: Mortgage Trouble

Showing posts with label Mortgage Trouble. Show all posts

Tuesday, October 08, 2013

Making Home Affordable Program: Supplemental Directive 13-08

Andrew M. Lieb, Esq., MPH HAMP , Lieb at Law UPDATES

Are you currently applying for a HAMP loan modification? Then good news! If you are granted a HAMP trial period or permanent loan modification on or after March 1, 2014, you may have access to free financial counseling from your servicer!

Currently, Section 6.7 of Chapter II of the MHA Handbook, only borrowers with a total debt-to-income ratio of 55 percent are required to obtain HUD-approved financial counseling when they are approved for a Home Affordable Modification Program (HAMP) modification. These borrowers are at high risk of defaulting because they use over half of income just to satisfy their debts and have little income left over every month. It makes sense that these high-risk borrowers are required to speak with a counselor, but under this Section of the MHA Handbook, they are the only ones required to receive such counseling.

Now, under the Supplemental Directive 13-08, servicers must offer financial counseling to borrowers who have been granted a HAMP trial period plan or permanent modification regardless of the total debt-to-income ratio. More borrowers than ever before will now have access to free financial counseling from their servicers, provided that their servicers participate in HAMP, and either have enough money for HAMP ($75 million or more) or voluntarily choose to follow Supplemental Directive 13-08. This Supplemental Directive is effective March 1, 2014 and does not apply to loans that are owned, insured, or guaranteed by Fannie Mae, Freddie Mac, Veterans Administration, the Department of Agriculture’s Rural Housing Service (RHS), or the Federal Housing Administration (FHA). Even so, this Supplemental Directive will apply to many mortgage loans and affect millions of people who have been approved of a HAMP trial period or HAMP permanent modification.

The purpose of the financial counseling is to ensure that the borrowers are able to successfully complete their trial period plans and afford their permanent modified payments. Even borrowers who have already received a HAMP permanent modification before March 1, 2014 can receive financial counseling if they are at a high risk of default or believe they will be at risk in the future. It is an exciting opportunity for borrowers to receive free financial counseling from their servicers and for servicers to receive consistent monthly payments from every borrower who has received a HAMP modification.

Thank you to Lieb at Law's Assistant Case Manager, Jessica Vogele, for sharing this valuable information.

Short Sales & Deeds in Lieu added to Hope LoanPort

Andrew M. Lieb, Esq., MPH Mortgage Industry , Mortgage Trouble

In offering their organized and systematic portal from modifications to Deeds in Lieu and Short Sales hopefully homeowners will realize increased success.

Today, our firm received this email:
------------

Hello Hope LoanPort Partners,

We have responded to request from portal users by adding a robust processing platform for liquidation workouts, intended to match our existing functionality for retention workouts. Such a liquidation portal requires significant development to not only allow for short sales and deeds in lieu as workout types, but also include system availability for liquidation-specific documents, statuses, and data fields.

We released a pilot program of the liquidation case type back in the spring. We are now proceeding with a release of the Liquidation functionality for all registered housing counselors and authorized third-party representatives. Effective with our upcoming system release on August 30, all counselors registered with the portal will have access to submit Liquidation cases. This functionality will be limited to those select servicers who will be accepting these cases.

Participating Servicers: Select Portfolio Services; Nationstar; M&T Bank; Caliber; LoanCare; RCS; HSBC; Ocwen; Resurgent; Bayview

When processing a Liquidations case, users will need to be familiar with the enhancements to HLP, such as:

New Case Type: Liquidation
New Case Statuses: Property Listed, Offer Tendered, Short Sale Approved, Short Sale Denied, Offer Rejected, etc. (See PDF for full list*)
New Document Types: Listing Agreement, Appraisal, BPO, etc. (See PDF for full list*)
New Data Fields: Seller Realtor Name, List Price, Closing Date, Title Company, etc. (See PDF for full list*)
*A PDF overview of all items and can be viewed from this link.

We will be issuing system Release Notes in advance of the anticipated go-live date of August 30.

If you would like to request additional training on the liquidation case type, please contact Nora Conklin, Hope LoanPort Project Coordinator, at nconklin@hopeloanportal.org.

Sincerely,

Samantha Sue Friedman - Director of Product Development & Delivery
sfriedman@hopeloanportal.org
www.hopeloanportal.org

Attempting to modify 2nd mortgage? Read Supplemental Directive 13-05

Andrew M. Lieb, Esq., MPH HAMP , Mortgage Industry

2nd Mortgage Modifications - Supplemental Directive 13-05

Treasury just issued Supplemental Directive 13-05, which addresses the scenario of "when a borrower’s first lien is modified under HAMP and the servicer of the corresponding second lien is a 2MP participant, the 2MP servicer must offer to modify or extinguish the borrower’s second lien according to a defined protocol".

Specifically, this Directive addresses the following topics:

Matching Second Liens to First Lien GSE Standard Modifications
Dodd-Frank Certification Requirement for 2MP
Incorporating HFA Payments into the NPV Result for HAMP Tier 2
Handbook Mapping Clean-Up

So, if you or your client is attempting to modify a second mortgage, read this directive as its the roadmap to success.

Making Home Affordable Program extended to 12/31/2015

Andrew M. Lieb, Esq., MPH HAFA , HAMP

Pursuant to Supplemental Directive 13-04 of this month, the Making Home Affordable Program, including HAFA (short sales) and HAMP (mortgage mods), is extended through the end of 2015.

Additionally, Supplemental Directive 13-04 simplifies the income documentation requirements under HAMP, by modifications to the rules concerning Form 4506-T; Benefit Income; Verification of Monthly Gross Expenses; Wage or Salary Income; Self Employment Income; Rental Income; and Alimony, Separation Maintenance and Child Support.

To illustrate, now the requirement that a servicer must verify monthly gross expenses is removed and a servicer may just rely on a borrowers stated expenses. With respect to the other categories, the Supplemental Directive enables the servicer to "verify such income in accordance with the [...] documentation the servicer relies on when modifying loans held in its own portfolio..."

The extension is certainly welcomed as the foreclosure crisis is far from over. Also, these new rules are smart as they simplify an unnecessarily complex process, which has resulted in both lenders and borrowers being frozen in time when seeking to follow the rules. Instead, its expected that more decisions will be made whether to modify a loan based upon these changes.

Mortgage Foreclosure Alert: New Making Home Affordable Program Handbook Released - Version 4.2

Andrew M. Lieb, Esq., MPH Foreclosure Defense , HAFA

To access the new Handbook for MHA, inclusive of HAMP and HAFA, click here. While reviewing the Handbook you should be aware of the case of Flagstar Bank v. Walker wherein the Court held that the statutory good faith standard for a CPLR 3408 Foreclosure Settlement Conference is compliance with the Handbook. To review the case, click here.

This Handbook is the rules for banks / servicers to modify mortgages, so pay careful attention to detail and make sure that they comply.