In an effort to end the foreclosure crisis, the Obama administration
has been trying to keep defaulting owners in their homes. Now it will
take a new approach: paying some of them to leave.
This latest program, which will allow owners to sell for less than they
owe and will give them a little cash to speed them on their way, is one
of the administration’s most aggressive attempts to grapple with a
problem that has defied solutions.
More than five million households are behind on their mortgages and
risk foreclosure. The government’s $75 billion mortgage modification
plan has helped only a small slice of them. Consumer advocates, economists and even some banking industry representatives say much more needs to be done.
For the administration, there is also the concern that millions of
foreclosures could delay or even reverse the economy’s tentative
recovery — the last thing it wants in an election year.
Taking effect on April 5, the program could encourage hundreds of
thousands of delinquent borrowers who have not been rescued by the loan modification program to shed their houses through a process known as a short sale,
in which property is sold for less than the balance of the mortgage.
Lenders will be compelled to accept that arrangement, forgiving the
difference between the market price of the property and what they are
owed.
“We want to streamline and standardize the short sale process to make
it much easier on the borrower and much easier on the lender,” said
Seth Wheeler, a Treasury senior adviser.
The problem is highlighted by a routine case in Phoenix. Chris Paul, a
real estate agent, has a house he is trying to sell on behalf of its
owner, who owes $150,000. Mr. Paul has an offer for $48,000, but the
bank holding the mortgage says it wants at least $90,000. The
frustrated owner is now contemplating foreclosure.
To bring the various parties to the table — the homeowner, the lender
that services the loan, the investor that owns the loan, the bank that
owns the second mortgage on the property — the government intends to
spread its cash around.
Under the new program, the servicing bank, as with all modifications,
will get $1,000. Another $1,000 can go toward a second loan, if there
is one. And for the first time the government would give money to the
distressed homeowners themselves. They will get $1,500 in “relocation
assistance.”
Should the incentives prove successful, the short sales program could
have multiple benefits. For the investment pools that own many home
loans, there is the prospect of getting more money with a sale than
with a foreclosure.
For the borrowers, there is the likelihood of suffering less damage to
credit ratings. And as part of the transaction, they will get the
lender’s assurance that they will not later be sued for an unpaid
mortgage balance.
For communities, the plan will mean fewer empty foreclosed houses
waiting to be sold by banks. By some estimates, as many as half of all
foreclosed properties are ransacked by either the former owners or
vandals, which depresses the value of the property further and pulls
down the value of neighboring homes.
If short sales are about to have their moment, it has been a long time
coming. At the beginning of the foreclosure crisis, lenders shunned
short sales. They were not equipped to deal with the labor-intensive
process and were suspicious of it.
The lenders’ thinking, said the economist Thomas Lawler, went like
this: “I lend someone $200,000 to buy a house. Then he says, ‘Look, I
have someone willing to pay $150,000 for it; otherwise I think I’m
going to default.’ Do I really believe the borrower can’t pay it back?
And is $150,000 a reasonable offer for the property?”
Short sales are “tailor-made for fraud,” said Mr. Lawler, a former executive at the mortgage finance company Fannie Mae.
Last year, short sales started to increase, although they remain
relatively uncommon. Fannie Mae said preforeclosure deals on loans in
its portfolio more than tripled in 2009, to 36,968. But real estate
agents say many lenders still seem to disapprove of short sales.
Under the new federal program, a lender will use real estate agents to
determine the value of a home and thus the minimum to accept. This
figure will not be shared with the owner, but if an offer comes in that
is equal to or higher than this amount, the lender must take it.
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