August, 2009:

Mortgage Industry Gearing Up To Fight Bankruptcy Reform

Mortgage Industry Gearing Up To Fight Bankruptcy Reform
As the momentum continues in the judiciary committee to revisit legislation to allow bankruptcy judges to modify mortgages in the context of a Chapter 13 bankruptcy, the mortgage industry is writing letters to the editor of the New York Times to slow down or stop the bill.
David G. Kittle, Chairman of the Mortgage Bankers Association wrote that the modification process has helped 4.5 million homeowners!  How they have helped these people stay in their homes is unknown since the experiences of the non-mortgagers are quite the opposite: that some people have been helped, but, only a fraction of those receiving foreclosure notices.
None the less, Mr. Kittle warns that allowing a bankruptcy judge to modify a home loan will increase bankruptcy filings, and be bad in the long term for the economy and the mortgage industry.  Of course, what he doesn’t say is how bad not allowing such modifications is in the short term with the rising foreclosure rate and families losing their homes now.
The voluntary modification programs have helped some homeowners.  Just not nearly enough. We still need someone to mediate and put some teeth into the process.  Bankruptcy judges are the logical alternative.

As the momentum continues in the judiciary committee to revisit legislation to allow bankruptcy judges to modify mortgages in the context of a Chapter 13 bankruptcy, the mortgage industry is writing letters to the editor of the New York Times to slow down or stop the bill.

David G. Kittle, Chairman of the Mortgage Bankers Association wrote that the modification process has helped 4.5 million homeowners!  How they have helped these people stay in their homes is unknown since the experiences of the non-mortgagers are quite the opposite: that some people have been helped, but, only a fraction of those receiving foreclosure notices.

None the less, Mr. Kittle warns that allowing a bankruptcy judge to modify a home loan will increase bankruptcy filings, and be bad in the long term for the economy and the mortgage industry.  Of course, what he doesn’t say is how bad not allowing such modifications is in the short term with the rising foreclosure rate and families losing their homes now.

The voluntary modification programs have helped some homeowners.  Just not nearly enough. We still need someone to mediate and put some teeth into the process.  Bankruptcy judges are the logical alternative.

Trying to accept a loan modification

One of my clients actually was offered a loan modification, or rather a trial period in which he could send the lender money, after which they would consider offering him a modification.

I was to fax it to the lender after we had discussed the risks and rewards.  The offer, now signed by the client, had the fax number for the return of the agreement and a deadline of August 1.

I tried twice July 31 to fax it, and the fax machine on the lender’s end did not respond.  I tried twice on August 1:  same story;  I tried again on August 3rd, clearly now within business hours on the East Coast. No response.

My paraglegal had to call and get an alternative number to even get the client’s acceptance in the hands of the lender.  It doesn’t raise my confidence level about what’s going on at the lender’s end of this deal.

Loan modifications scarce & scattered

Nearly 3 million homeowners are eligible for the government sponsored loan modifications;  only 400,000 received a loan modification offer over the life of the  government program.

In the meantime, 1.5 million homeowners got a foreclosure notice in the first half of this year.

Lenders at the top of the list for percentage of eligible loans modified include Saxon Mortgage, JPMorgan Chase, GMAC and Auroa; each modified more than 20% of eligible loans.

Bank of America, Select Portfolio, Ocwen and Wachovia modified five percent or less, according to an AP story in the San Jose Mercury.

My clients listen to the ads on radio and TV and think that modifications are widely available and actually happening. That isn’t my experience.  This report suggests that a lot depends on who is servicing the loan at this point.

We need to revisit judicially supervised loan modification before it gets any later.