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FORECLOSURE PREVENTION AND LOSS MITIGATION OVERVIEW FEBRUARY 24, 2011 FAITH-BASED AND NEIGHBORHOOD PARTNERS FORECLOSURE PREVENTION EDUCATION WORKSHOP. Today’s Agenda. Reasons For Default . Foreclosure Prevention Tips. FHA’s Loss Mitigation Program. Strategic Foreclosures . Mortgage Scams.
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FORECLOSURE PREVENTION AND LOSS MITIGATION OVERVIEWFEBRUARY 24, 2011FAITH-BASED AND NEIGHBORHOOD PARTNERSFORECLOSURE PREVENTION EDUCATION WORKSHOP
Today’s Agenda Reasons For Default Foreclosure Prevention Tips FHA’s Loss Mitigation Program Strategic Foreclosures Mortgage Scams Resources Questions
Reasons for Default • Poor money management • Over extended obligations • Loss of income • Lack of concern or Understanding mortgage obligation • Illness • Divorce
Foreclosure Prevention Tips • Don’t ignore the problem/Open and respond to mail • Contact Lender and HCAs • Prioritize spending • Know Your Mortgage rights • Understand Foreclosure Prevention Options
FHA Loss Mitigation General Criteria • Borrower must be Owner Occupant • Loan must not be delinquent more than 12 months (PITI) • LM is mandatory on FHA loans that are delinquent • LM Options are in order of effectiveness
FHA’s Loss Mitigation Program Home Retention Tools: • Special Forbearance Agreement • Loan Modification • Partial Claim • FHA-HAMP
FHA’s Loss Mitigation Program Home Disposition Tools: • Pre-Foreclosure Sale (Short Sale) • Deed In Lieu
Home Retention Tools Special Forbearance Agreement: • Written agreement between lender and borrower which contains a plan to reinstate the loan • Three months delinquent but no more than 12 months • Minimum duration of four months – no max • Late fees not accessed
Home Retention Tools Loan Modification: • A permanent change in the terms of a Mortgagor’s loan. • Interest Rate shall be reduced. • Legal fees and related foreclosure costs may be capitalized. • Allows a loan to be reinstated
Home Retention Tools Partial Claim: FHA advances funds on behalf of a borrower in an amount necessary to reinstate a delinquent • Not to exceed the equivalent of 12 months PITI. • Promissory Note is executed • Mortgage is subordinated to HUD • Interest rated shall be reduced • Not due and payable until the borrower pays off the 1st mortgage or no longer owns property
FHA-HAMP FHA’s Home Affordable Modification Program: Designed to help homeowners retain property and prevent foreclosure: • Provides borrowers with reduced mortgage payment • Combines Loan Mod with Partial claim • Results in a 30 year fixed rate mortgage • Imminent default or default mortgage
Home Disposition Tools Pre-Foreclosure Sale (Short sale): Allows a borrower in default to sell their home and use sale proceeds to satisfy mortgage debt. • At the time of sale, the property must be at least 31 days, but no more than 12 months • PFS is unavailable if a property has been abandoned or Mortgagor has ability to pay the debt. • The PFS must be an outright sale of the property.
Home Disposition Tools Deed In Lieu (of foreclosure): Borrower voluntarily deeds collateral property to HUD in exchange for a release from all obligations under the mortgage • No walk aways/owner-occupant status • Borrower may receive up to $2,000 (Must be used to help pay off liens if needed) • Property must be left in good condition
Strategic Foreclosures • Borrowers with mortgages appraised significantly lower than property value often just walk away from their principal residence • This occurs when negative equity in the home reaches a level whereby, the mortgage substantially exceeds the property value • FHA’s Buy and Bail Policy
Mortgage Scams • Be cautious of companies making donations to the church or requesting church approvals • Work with HUD Approved Housing counseling agencies, or verify authenticity of Housing Counselors/agencies invited to church events • Borrower should never make payments to anyone but lender or lender approved entity • Be aware of fake “government” modification programs
Mortgage Scams Common Scam Types • Phantom Help – The “rescuer” charges high fees for work that the homeowner could do for themselves, or charges for strong representation that never materializes • Bailout – Includes various schemes where homeowners surrender their house title thinking that they will be able to remain as renters and buy the house back
Mortgage Scams • Bait and Switch – Homeowners think they are signing documents for a new loan making the mortgage current, but actually sign away rights to the home. They are left still holding the mortgage payments. • Equity Stripping – A buyer purchases the home for the amount of the arrearage and flips the home for a quick profit.
HUD/FHA Resources • Join HUD’s email list: http://www.hud.gov/offices/hsg/sfh/ref/hsgregst.cfm Receive email notification of important industry announcements such as new mortgagee letters, handbooks, FHA mortgage limit increases, events and training opportunities. • For borrowers facing foreclosure, struggling with their mortgages and/or trying to avoid foreclosure, visit www.MakingHomeAffordable.gov • Join Free FHA Webinars: http://www.hud.gov/offices/hsg/sfh/events/events.cfm Sign up and join other National FHA Mortgage industry partners • HUD’s Office of Inspector General: http://www.hud.gov/offices/oig/hotline/ Contact OIG to report fraud, waste, abuse, mismanagement or violations of law, rules or regulations by HUD employees or HUD program participants. Call: 1-800-347-3735
HUD/FHA Resources • FHA Call Center 1-800 Call FHA 800-225-5342 • Loss Mitigation – hsg-lossmit@hud.gov • HECM (Reverse Mortgages) – hecmhelp@hud.gov • National Servicing Call Center – 1-877-622-8525 • HUD Approved Housing Counseling Agencies www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm
Questions Vickie Johnson FHA Account Liaison Vickie.L.Johnson@hud.gov