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The Honolulu Advertiser
Posted on: Thursday, February 19, 2009

Mortgage rescue relies on incentives

By Kevin G. Hall
McClatchy-Tribune News Service

Hawaii news photo - The Honolulu Advertiser

Speaking from a high school in Phoenix, President Obama yesterday addressed the nation on the home foreclosure problem his $275 billion plan attempts to address.

ROSS D. FRANKLIN | Associated Press

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WASHINGTON — President Obama's new effort to use Wall Street rescue money to halt the soaring rate of mortgage foreclosures nationwide encourages refinancing of homes that are now worth less than their mortgages and provides incentives for lenders to lower the debt load on struggling homeowners.

Like the failed efforts under the Bush administration, however, Obama's $275 billion plan announced yesterday doesn't compel banks and other lenders to modify troubled mortgages. Instead, it provides a menu of incentives that may or may not prove sufficient for the goal of helping 9 million homeowners.

"It's a bold plan, and that's encouraging. But at this moment, we don't have enough detail, and unfortunately with the foreclosure mitigation plans, the devil is in the details," said Elizabeth Warren, a Harvard University law professor who heads the Congressional Oversight Panel charged with monitoring use of taxpayer bailout funds. "There have been big headlines in the past, and the details never caught up with the early promises."

The Homeowner Stability Initiative, unveiled in a rowdy high school gym in the Phoenix area, seeks to address one of the triggers of the global financial crisis: the 2.3 million U.S. foreclosures last year that are protracting the mortgage crisis and helping drive down home prices across the nation.

"When the housing market collapsed, so did the availability of credit on which our economy depends. As that credit dried up, it has been harder for families to find affordable loans," Obama said. "In the end, all of us are paying a price for this home mortgage crisis. And all of us will pay an even steeper price if we allow this crisis to deepen — a crisis which is unraveling homeownership, the middle class, and the American Dream itself."

Wall Street has shown little confidence in the new steps, with the markets declining sharply Tuesday before leveling off after yesterday's announcement. The Dow Jones industrials rose 3 points for the day.

THREE COMPONENTS

The president unveiled his housing plan at a Phoenix-area high school in a state with one of the country's highest foreclosure rates.

Moody's Economy.com says that, nationally, of the nearly 52 million U.S. homeowners with mortgages, about 13.8 million, nearly 27 percent, owe more than their homes are now worth after many months of declining prices.

Obama's plan has three major components.

First, it seeks to provide low-cost refinancing for as many as 5 million Americans who aren't behind on mortgage payments, at least not yet.

If a bank agrees to issue lower-interest loans to homeowners who are current on payments, the loans could be sold to Fannie Mae and Freddie Mac, which were seized by the government in September.

The idea here is to allow access to refinancing for homeowners who don't have much equity in their homes, or owe up to 5 percent more than what their homes are worth. These borrowers can't qualify for refinancing under Fannie's and Freddie's current rules, and the change could save them up to $2,300 a year on mortgage payments. For lenders, it would generate a new stream of revenue from refinancing charges and help put a floor under declining home prices.

A second leg of the plan makes another $200 billion available for mortgage finance. The Obama plan doubles earlier $100 billion agreements with Fannie and Freddie to provide a government subsidy for purchasing mortgages from banks and other lenders.

The third and trickiest leg of the Obama plan involves using $75 billion in Wall Street rescue funds for a shared effort to help as many as 4 million distressed borrowers who are behind on their payments or facing foreclosure. Obama wants lenders to lower interest rates and extend the length of loans to make monthly mortgage payments no more than 38 percent of a borrower's after-tax income.

Then the government will step in and split the cost, dollar for dollar, to buy down those monthly payments until they account for no more than 31 percent of a borrower's after-tax income.

Obama committed to publishing standardized guidelines for mortgage modifications and additional detail by March 4 — an aggressive timetable.

LENDERS UNCONVINCED

That third leg of Obama's plan wouldn't be a permanent fix; it would be a five-year subsidy designed to stem the rising tide of foreclosures.

"It recognizes that we've got to stop foreclosures, not just for families about to lose their home but anybody who owns a home" and is seeing home price declines, said Ellen Harnick, the senior policy counsel for the Center for Responsible Lending, an advocacy group in Durham, N.C.

Consumer advocates applauded Obama's plan. The response from lenders — which would receive $1,000 payments to refinance mortgages, a $10 billion insurance program and other financial incentives — was lukewarm at best. Republicans sided with banks.

"Among the concerns we have is that it seems to offer little help to borrowers whose loan exceeds their property value by more than 5 percent. This will limit the plan's success in some of the hardest-hit areas in California, Florida, Nevada and Arizona, as well as some areas on the East Coast," John Courson, president of the Mortgage Bankers Association, said in a statement.

Obama's answer to that riles lenders. If lenders aren't willing to write down some of those so-called underwater mortgages, he said yesterday, bankruptcy courts may soon be able to do so. This is called a mortgage cram-down. Obama supported congressional efforts to authorize bankruptcy judges to write off the difference between what a borrower owes and the home's value.

"Mortgage cram-down is clearly a stick forcing investors to recognize their losses on bad mortgages. I think it's a critical component," said Warren, the Harvard professor. "By itself it won't solve the housing crisis, but it is a critical component."

Banks maintain that this will raise the cost of borrowing for homeowners. The House Republican leader, Rep. John Boehner of Ohio, echoed that view yesterday.

"Should a responsible plan include a 'cram-down' provision that could increase the monthly mortgage payments for responsible borrowers?" he asked in a statement.

The Associated Press contributed to this report.