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FORECLOSURE PREVENTION AND LOSS MITIGATION OVERVIEW FEBRUARY 24, 2011 FAITH-BASED AND NEIGHBORHOOD PARTNERS FORECLOSURE PREVENTION EDUCATION WORKSHOP 1
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Today’s Agenda Reasons For Default FHA’s Loss Mitigation Program Strategic Foreclosures Mortgage Scams Questions Resources Foreclosure Prevention Tips 2
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3 The Crisis Continues
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Reasons for Default Poor money management Over extended obligations Loss of income Lack of concern or Understanding mortgage obligation Illness Divorce 4
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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 5
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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 6
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FHA’s Loss Mitigation Program Home Retention Tools: Special Forbearance Agreement Loan Modification Partial Claim FHA-HAMP 7
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FHA’s Loss Mitigation Program Home Disposition Tools: Pre-Foreclosure Sale (Short Sale) Deed In Lieu 8
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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 9 Home Retention Tools
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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 10
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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 1 st mortgage or no longer owns property 11 Home Retention Tools
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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 12 FHA-HAMP
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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. 13 Home Disposition Tools
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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 14 Home Disposition Tools
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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 15 Strategic Foreclosures
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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 16
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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 17
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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. 18
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HUD/FHA Resources www.hud.gov 19
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HUD/FHA Resources Join HUD’s email list: http://www.hud.gov/offices/hsg/sfh/ref/hsgregst.cfmhttp://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.govwww.MakingHomeAffordable.gov Join Free FHA Webinars: http://www.hud.gov/offices/hsg/sfh/events/events.cfmhttp://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/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 22
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HUD/FHA Resources FHA Call Center 1-800 Call FHA 800-225-5342 Loss Mitigation – hsg-lossmit@hud.govhsg-lossmit@hud.gov HECM (Reverse Mortgages) – hecmhelp@hud.gov 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 www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm 23
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Questions Vickie Johnson FHA Account Liaison Vickie.L.Johnson@hud.gov 24
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