The Treasury Department has shifted their thinking on HAMP, their tentpole foreclosure mitigation program. Despite initial estimates of the program being able to keep 3 million people in their homes (to date, just 400,000 have been approved for a permanent loan modification, with only .1% of those actually getting the kind of principal reduction that can really make a difference), Treasury now says that the goal was to delay foreclosures so the market could better absorb the glut of vacant homes, and prices would remain somewhat stable. Treasury claims they couldn’t justify spending the amount necessary to keep borrowers in their homes; however, just $250 million of an earmarked $75 billion has been spent on the program, according to the Special Inspector General for TARP ($50 billion of the $75 billion for HAMP is supposed to come from TARP, with the rest from Fannie and Freddie).
What doesn’t get discussed in this reading is the human face behind the statistics, those whose foreclosures were merely delayed and who now wait for the day when their lender evicts them. For them, HAMP has turned their lives upside down, and in some cases accelerated their problems rather than mitigated them.
Dennis is a middle-aged man living in Long Beach, California. Because he is still negotiating a workout with his lender, Citi Mortgage, I’ve changed his name at his request so this profile doesn’t impede on his chances for keeping his home.
Dennis, an architect and a project manager in housing construction, bought his home, a fixer-upper, in 2007, just after the peak of the market. “The thing was crashing when I was in escrow,” he told me. “There was a guy who bought a house in similar condition across the street who was trying to flip it, he upgraded the place, and I kept seeing them bring the price down, and down, and they couldn’t sell it.”
He briefly considered pulling out of the deal, but ultimately stayed with it. His fixed-rate mortgage was a no-doc loan, where income is merely stated instead of verified (these loans have since been banned by the government, under the new financial reform bill). While the interest rate still reflected the higher rates of the time, without the no-doc status it would climb higher. Dennis’ business is on a freelance, project-rate basis, and without definitive income, it would have been hard for him to purchase a home. Besides, he had plans to put his building skills to work to turn this “piece of crap,” as he affectionately put it, into something he could be proud of.
So Dennis bought the house, and the value predictably dropped like a rock amid the housing crash. He paid $500,000 and sunk close to $50,000 into the home, redoing the layout, upgrading the kitchen and putting in new landscaping. The county assessor just appraised the house a month ago at $338,000.
While Dennis was severely underwater on the home, he wasn’t necessarily thinking about a loan modification. In fact, he was talked into one in the summer of 2009. Dennis, an active Democrat who canvassed in Nevada for Barack Obama in 2008, founded a Democratic club in his area after the elections, and they started to run “Recession Nights,” events for the community that covered topics like how to write a great resume, or how to have fun without spending much money. One of these nights concerned how to get a loan modification. The lady who ran the event told Dennis he was a perfect candidate.
“She was a real nice lady, and she kept saying I would qualify for this Obama Administration program and get to cut my payment,” Dennis said. “It was presented as no risk. What’s to lose?” Dennis gave this lady $2,000 and filtered all dealings with his mortgage lender through her. “She made it seem like she had some magic formula” to ensure a permanent modification, according to Dennis. “It was real casual, she didn’t even provide a written agreement.”
The documentation process took months. “Everything had to be two months current,” Dennis said. “It would pass from department to department.” Dennis kept asking the lady he was dealing with why it was taking so long, but she assured him it was merely a formality, and kept asking for more documents.
Finally, in December of 2009, Citi Mortgage approved Dennis for a trial modification. He was told by the bank, incorrectly, to miss a payment on the loan to qualify for HAMP (an example of the many violations of program rules on the part of the banks). The trial modification would start the following month. The trial modification cut the interest rate and saved Dennis over $500 on his monthly payment. Both the missed payment and this savings, however, would come back to haunt him.
“They never gave any advice to set the difference aside. I didn’t think about it,” said Dennis. “They pitched it as a done deal, they even said ‘Congratulations.’ After two or three months, they said I’d get folded into a permanent modification.”
The trial period lasted five months. During that time, Dennis would get notices from the lender saying he owed money on his mortgage, and that he could face foreclosure if he remained delinquent. He would frantically call his contact at the lender, and they would patiently explain that the trial payments go to a separate account, and everything would get folded in once a permanent modification was approved.
But then, one day Dennis called up his lender for a different reason, and the person on the other end casually mentioned that he had been denied for a permanent modification. This meant that he owed all of the back payments, missed payments, fees and penalties, which came to close to $10,000. His credit took a hit from the missed payment, and the bank could immediately foreclose on his property, a consequence of being the equivalent of 90 days behind on the loan.
Citi Mortgage never officially informed Dennis that he was denied for the modification. “They said they sent a letter, and then they said they don’t send letters unless I call a certain department. So I called the department, and they told me they don’t send letters from there anymore.” At one point, he told his contact at the bank that he was recording the conversation, and she refused to speak with him.
Dennis has whittled it down to being 50 days delinquent. He is in contact with Citi for an in-house modification – which has terms much more favorable to the banks. “Again, they’re making it sound like a sure deal,” but Dennis is skeptical this time. Instead of modifying the interest rate over the life of the loan, the Citi modification would merely lower the rate for five years, with a gradual reset to the original rate. Because it’s in-house, Citi can enact more favorable terms for themselves. And they never had any pressure to use the HAMP program for modifications, so there’s seemingly no reason for them to do so. “They’ve had a year to get around HAMP,” Dennis said.
“I have made every payment I’ve been asked to make,” Dennis told me. “I haven’t defaulted, and I played by the rules. And yet I’m facing foreclosure.” Despite being significantly underwater, Dennis doesn’t want to walk away from the home, a common reaction at this point, because he is proud of what he did to fix it up and the effort that took.
The bank has all the leverage now, especially if they deny the in-house modification. “There’s not enough oversight of the program. The banks seem to do what they want,” Dennis said. A HUD counselor told him specifically that acceptance through HAMP of a permanent modification is completely up to the banks.
“Except for the small percentage of people who have been successful, this makes your financial situation worse,” Dennis concluded. “Maybe it wasn’t intended that way, but that’s what they do.” As for Treasury’s statement that the program helped the markets, delayed foreclosures and gave people a temporary reprieve on their payments, Dennis said, “That’s ridiculous. I don’t see any advantage. They keep track of those reduced payments and if you get denied, you owe it. And that gives the banks a lot of power over the homeowner. They’re trying to paint a rosy picture of this, for political purposes. They’re not telling the participants of the pitfalls.”
Here we have someone, an Obama activist, interfacing with an Obama Administration program that has put him on an emotional roller-coaster for the past year. This is why HAMP hurts liberalism. It’s not a liberal program, but it’s perceived that way, perceived as a lifeline for people in trouble. Instead it just gouges them. And then Treasury calls it a success.
I want to tell more of these stories. If you or someone you know has experience with the HAMP program of any kind, please contact me at david-dot-dayen-at-gmail-dot-com.





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“1% of those actually getting the kind of principal reduction that can really make a difference”
What possible justification is there for reducing someone’s principal? Nobody ever reduced my principal back when tinman had a mortgage. The government has no business doing this program anyway.
True, it did avert a glut of foreclosures all at once but in truth that may have been the better alternative.
There needs to be some pain or people learn nothing.
Everything’s about you, tinman, is that right?
There are justifications out there, and I’d explain them to you if I thought you cared, but I’ll just leave it at [Edited by Mod: Rules of the road here require treating other commenters with some modicum of respect.]
Our society has an interest in seeing a principal reduction if it allows the borrower to stay in his home.
The bank has an interest in principal modification if the alternative is bankruptcy and foreclosure. When a property is “underwater”, it is no longer worth its appraised value, so the bank cannot simply seize the property and recoup its loss. Because the property isn’t worth the value of the loan any longer.
In the case cited above (and presumably in many other cases), the bank itself has been a bad actor. They have allegedly counseled Dennis to miss a payment, but the result of the missed payment has allowed them to set more favorable terms.
That should be easy to understand, for somebody who read the post.
I agree completely! Many of the foreclosures are not due to the owners buying too much house or a house they couldn’t afford. Some are due to the drubbing home values took at the hands of the banks. Some folks were credit worthy and expected to refi before their rates went through the roof, but couldn’t because the house they bought for $250K was now worth $175K. That’s on the banks; not really their fault. One expects real estate to at least hold its value even if it doesn’t appreciate.
The other thing is, cram down should be allowed for the simple reason that the banks could not sell the asset to another buyer for the current amount they originally lent; again, the banks caused the market to devalue the assets in their rush to make a fast buck.
The banks didn’t cause anything. You need to look at Barney Frank and his friends.
Everything is about me when it is the taxpayers that will ultimately be on the hook. I’m a member of that select group. Few of you can say that.
You must remember the Dems forced the lenders to make loans to people who could just barely tie their shoes in the morning. A 30 year obligation is pretty serious and a lot of people should have remained renters.
In addition to being a taxpayer Tinman, you’re a flaming[Edited by Mod: Name calling of this nature is expressly prohibited at this site.] And I pay taxes, am not underwater and have perfect credit.
What is the sense of telling a homeowner who paid $400k and owes $300k on a house now worth $200k that there can be no principal reduction? The howmowner walks away, as he or she should, leaving the bank with a house that will now sell for $200k. The bank still loses $100k, the only difference is the homeowner has a credit rating problem and is mightily inconvenienced. The bank still, and always will in these cases, lose the money on the now underwater loan.
Your claim that that Democratic programs for assisting low income individuals with mortgages has been disproved so many times now you have to be[Edited out by Mod] to keep repeating it, or a dedicated viewer of Fox NEws (same thing). Wall Street caused this by slicing and dicing mortgages for resale as securities, creating ever greater demand for the supply of the product (more mortgages) incentivizing banks to OK loans that should never have been handed out.
MOD: Can you tell us what nature of name-calling is allowed so that I can properly characterize Tinman’s grotesquely absurd comments?
Just
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past the
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As it is far easier on the blood pressure to ignore the ravings. He likes to drop the turds just to incite people then usually runs off no matter how many times people have pointed out to him that the legislation he is blaming on Barney Frank was first passed in 1977 and the time period he is blaming it on Barney is when Gingrich and Delay were running things and pretty much ignoring Barney Frank.
Agreed! He’s only here to needle and annoy. Responses tend to encourage him. Best to ignore, ignore, ignore. I usually remind the person that is responding that his response will likely provoke an unwanted dissertation. They eventually go away when the other kids on the playground learn not to play with them. Some religions call it shunning.
Here’s an even worse aspect to this: Even if an underwater home-debtor manages to get refinanced, under California law, the loan now becomes a “recourse loan” meaning that if they subsequently default, the bank can come after their other assets, not just repossess the collateral. This program was never about “homeowners” and always about bailing out our banking overlords. (note: many states, including California, are “non-recourse” states, meaning lenders can repossess the house for non-payment, but have no claim to other assets or future income). Banks are already using the judicial system to send those who default to “debtors’ prison”. Welcome to the Middle Ages. We are all sub-prime serfs now.
The Obama administration hurts liberalism?
Are you sure that isn’t a feature, not a bug??
St. Ronnie would be so proud of this ostensibly Dem prez and how he’s doing things to wreck the social safety net and destroy the Dem Party.
Here iss why cramdown is not right: If I pay say 850,000 for my house and my neighbor pays 850,000 for his house, and I make my payments but he does not, and he gets a principal reduction and I do not, not only has he laid off part of his obligation to me, either through a higher interest rate at the bank or out of my income tax, when we both go to sell we will presumably get approximately the same price, which leads to a higher profit for him. So not only have I subsidized his principal (and concurrently the total amount of interest he pays) I have also subsidized his profit when he goes to sell. Unless there was outright provable fraud on the part of his lender, I cannot see that cramdown is any way fair to any homeowner, upside down rightside up or paid off, the only way to make it fair is to give cramdown to everyone, if they are paid off write them a check. Or, require the homeowner to repay the cramdown amount when they sell, I guess I could go along with something like that even though I would still be underwriting his interest payments.
Agreed – Flagging the name-calling but allowing “people who could just barely tie their shoes in the morning” smacks of some strange double-standard. I gues decorum prohibits name-calling with respect to those who name-call with respect to other persons. Or something.
Anyway, banks were principally the cause of the run-up of home prices that resulted in the real estate crash. The banks were not just willing to lend to anyone able to draw breath, they actively sought out buyers with absolutely no concern as to whether the buyers could repay the loans or not. When you get more buyers in a market, prices go up. Additionally, the banks were willing to lend vast sums of money for crappy pieces of real estate. Had banks been unwilling to engage in such casino-style lending, home prices could not possibly have exploded the way they did. And the banks saw no downside to all this irresponsibility because they quickly turned around and sold these loans to investment banks, who sold to enduser investors (colloquially known as “suckers”). As a result, the original casino lenders lost nothing when home prices imploded.
Banks should eat the losses they helped generate. Even if those banks fail.
Oh, and fewer than 10% of mortgages written during the run-up in home prices were subject to federal government controls on lending to the economically disadvantaged, so blaming the real estate crisis on “poor people who couldn’t repay their loans” reveals more racism than an understanding of economics.
Which is pretty much why we tell folks to ignore that particular commenter. He is not interested in discussion with facts but prefers to drop his turds to see who responds to them. He’s assertions have been de-bunked multiple times but the facts don’t fit his world view so he ignores them.
Since this thread has already been derailed, may I take a moment to OT the following? I just really enjoy most of what Joan Walsh has to say on the Ed Show. She must have gone on vacation while Ed was on vacation too, because I think she looks great!
Now, let’s all agree not to enable the folks who try to divert the issues, okay?
Now, back to the post. I really don’t need any help making my financial situation worse. It’s been a a combination of poor choices on my part, and I’m hoping that I can save my financial future.
No one else likes Joan Walsh? No one else needs help worrying about their finances? As the kids say, C’monnnnnnn. :)
Don’t give power to the heartless. I’ve got a fiver for the next delurker. (Not saying five of what.)
Oh, then you never heard of New Century?
And asked who approved the underwriting for the SISA and NINA loan programs?
What struck me right away with Obama’s program of mortgage relief was that you couldn’t have fallen behind in your payments to get help. In other words, it was intended to help only those who didn’t actually need help.
I was told that banks are not at all concerned about repossessing a foreclosed property for example: if $300K was owed and defaulted, and now the home will sell in this deflated market for only $175K, the Federal Gubmint will make up the difference to the bank in TARP funds or other resource stream. Is this true?
That’s right tinman1967,since you didn’t get a principal reduction no one else ought to.
You [Edited by Moderator]! Why are you people so damn selfish for chrissakes!
Wonder what kind of world it would be if we all had your despicable attitude.
Those toxic assets were supposedly bought by the TARP program or at least that’s what we were told….so why shouldn’t their principals be lowered….
At the very least it’s a tax write-off, isn’t it? That would be a classic investment loss.
i’d like to say i support principle reduction, but for some reason I can’t seem to talk myself into it unless the orginal loan was fraudulent in some way shape or form.
i respect that other people have differing points of view. i just dislike the idea of rewarding financial irresponsibility with a home.
Folks the fact that he/she/it cites Barney Frank as the cause of the Foreclosure mess ought to tell ya….what kind of fool he/she/it is.He didn’t cite GWBush who was all for the “ownership society”…..remember that…so these people were set up….so the banks could walk away with billions…..remember Goldman was betting against their own product.This was a swindle & like everything else ordinary Americans are being scapegoated.
it’s only the GOP conservative mind who always comes with the “let ‘em eat sh..t” attitude.
The irresponsibility was with the financial institutions……why can’t you see that….
I think the concept that’s missing in your ideas that doesn’t allow you to support this is very key, and very obvious.
For most of us it’s a generally accepted fact that the collapse of the housing market is the fault of the financial institutions. If you accept that premise you can see that people were blatantly defrauded and victimized on a grand scale.
So
they all were.
And I think everyone who bought a home from about ’98 to the day of the collapse should be entitled to principal reduction at a comparable rate. The entire market was inflated for no good reason. The value of the homes was not what they were sold for. That’s fraud, no?
As opposed to rewarding the financial incompetence and greed of Wall St. and the banks with a trillion dollar bailout? What rubbish!
it was definitely a swindle, but i’m not sure how fair it is to single out one group of people and throw money at them. Flame away. Not that it matters though because no one is getting any principle reductions.
The fraud was committed by the Financial institutions,investment banks who were the ones inflating the prices….they,Financial institutions knew sooner than most that the bubble was going to burst…..they even bet against their own investments & benefited from it.
Well said KrisAinCA.
That’s right, no one….but the banks.
And it’s not principle,it’s principal….maybe that would change your mind.
I thank all forgotten goddesses and gods every day that I bought a house I could fix up, afford, and never used as an ATM and that it is paid off!
Hopefully, as the gov continues to attack the citizens of this once great country, I will be able to keep the roof over my head while I starve, but that will only happen if I can scrape together the $$ for the property taxes and climate change doesn’t render my land useless for growing food.
GOD BLESS AMERICAN CAPITALISM. GOD BLESS OUR PRESIDENTS PAST AND PRESENT!!!!
Jeeezzzz Loueeeezzzzz
For the record, comments which involve namecalling or other negative references to a fellow commenter will be removed. The goal is to have a conversation about ideas, not throw spitballs.
[edited]
Anyway, more foreclosures mean ALL HOUSING VALUES GET HURT. That means hard working REAL AMERICANS.
The best way to tell a conservative is how they absolve Wall Street and the Republicans from all blame for everything. Irresponsible homeowners and sainted banks, forced by the guns of the BigPoorPeople lobby to lend to those people.
That is because the program is for those in need,
not “you people” looking for another government hand out.
i am say a lawyer, i save my money and buy a home for 1.6m cash, the market cuts its value in half. Am i due the same as someone who did not read the fine print,locked in a fixed rate and bought beyond their means and now faces foreclosure?
You are making a lot of assumptions. Bad decision making did not cause all of the heartache involved with the foreclosure problem. Our for profit medical industry has a lot to do with why people had to borrow money. Now, many are losing their homes due to unemployment. There are five houses in foreclosure in two blocks in my neighborhood. None of those folks were irresponsible in their borrowing practices.
When did i say i supported the wall street bailout? I didn’t, that’s right. I find it disgusting that we pissed away money and didn’t hold anyone accountable. i’d have rather seen a public works program ( a green one ) along the lines of the ones employed during the depression.
doesn’t change my opinion on principle reduction in cases where there wasn’t any fraud.
I’m not missing anything. I lived through the housing boom here in SoCal. I resisted jumping into the market I couldn’t afford even though I could have because…um, I couldn’t afford it.
We’re in a bind mostly because of wall street and partly because people convinced themselves that living beyond their means for years was a good idea.
(edit) and that’s the part you’re glossing over…no one held a gun to anyone’s head and forced them into the market. people drove up the price of homes, not banks. people paying money on fools gold. so in a huge chunk of cases it was just plain old greed that did it and not the greed of banks, the greed of your fellow citizen.
I can see that it cut both ways. If i’m going to call out wall street why the hell wouldn’t i call out my fellow citizens? if I don’t do both them i’m a fucking hypocrit, wouldn’t you think?
I don’t see what the problem is if the Treasury lets banks have 75% of any principal writeoff. They get 35% anyway on a bad debt writeoff.
Also, if a subprime payer is at 8% interest, why not give a refundable tax credit to make it a net 4%? (So government picks up half.) The government has been offering a mortgage interest deduction for years–and usually, the bigger the house, the more you get!
The government has been doing these kinds of subsidies for years anyway. And sure, it’s lousy policy. But it wouldn’t hurt to juice them up in the short run, and then scale back later on.