The FDIC chairwoman unveils plan that would streamline modifications to put delinquent borrowers in affordable mortgages.
By
Tami Luhby, CNNMoney.com senior writer
Last Updated: November 14, 2008: 11:40 AM ET
NEW YORK (CNNMoney.com) -- In a surprise move, FDIC Chairwoman Sheila Bair Friday unveiled details of her plan to have the government help delinquent homeowners.
There are two key elements to the proposal.
First, housing payments for delinquent borrowers would be reduced to 31% of gross monthly income.
To get there, mortgage rates could be set as low as 3% for five years, before increasing at an annual rate of 1 percentage point until it hits the prevailing market rate. Loan terms could be extended as long as 40 years.
Second, to encourage servicers and investors to participate, the government would share up to 50% of the losses if a borrower who had been helped ended up in default anyway. The risk of re-default had been one obstacle to getting lenders on board with systematic modification plans.
In addition, the FDIC would pay servicers who process mortgages $1,000 for each re-worked loan.
The plan is expected to initially help 2.2 million borrowers get new loans; after some borrowers re-default, 1.5 million would ultimately keep their homes, the FDIC estimated.
The plan would cost an estimated $24.4 billion, which Bair has said could come from the $700 billion bailout Congress approved last month.
"It is imperative to provide incentives to achieve a sufficient scale in loan modifications to stem the reductions in housing prices and rising foreclosures," the Federal Deposit Insurance Corp. said in a statement Friday.
Bair's move Friday sets up a public power struggle not often seen within an administration. Unless her proposal gets the Treasury Department's blessing, it would have to be approved by Congress or wait for review by the Obama administration.
The FDIC has had "productive conversations" with Treasury officials, said Andrew Gray, FDIC spokesman. "We're going to continue to push it," he said.
The FDIC chairwoman has long wanted the government to take a more active role in helping troubled homeowners. She initiated a similar plan at IndyMac, one of the largest mortgage lenders, after the agency took it over in mid-July.
Bush administration officials, however, have resisted her efforts, instead unveiling a plan Tuesday to streamline modifications of loans held or guaranteed by Fannie Mae and Freddie Mac.
Though he praised Bair's proposal, Treasury Secretary Henry Paulson Wednesday said it was one of several under discussion. Bair supporters took that to mean the plan was essentially dead.
Congressional Democrats, however, have continued to press for increased assistance to homeowners. They have publicly backed Bair, which could give her proposal the support needed for adoption.
"[The Fannie/Freddie plan] should not be considered a replacement for the guarantee program authorized by the recently-enacted financial rescue law which the FDIC has agreed to operate," Sen. Christopher Dodd, D-Conn. said Tuesday, after the mortgage finance plan was announced.
No principal reduction
Borrowers who are at least 60 days late on payments would qualify for this program.
Servicers would have to systematically review all the loans in their portfolios to determine whether they would recover more value by modifying the mortgage rather than foreclosing on the home.
But unlike some other government programs, the FDIC proposal would not reduce the principal to bring it in line with the home's current value. Instead it would allow part of the principal to be deferred free of interest to the end of the loan.
Borrowers who sell or refinance before paying off the debt would have to pay the principal at that time or work out a short-sale with the bank, where the servicer agrees to forgive the outstanding balance.
Some consumer advocates consider principal reduction key to assisting borrowers in areas where property values have plummeted, leaving many with mortgages greater than their home's worth.
Under the Hope for Homeowners program implemented last month, mortgages would be written down to 90% of the home's current market value and borrowers would be refinanced into 30-year fixed-rate mortgages insured by the Federal Housing Administration.
The FDIC's program, on the other hand, would not be as beneficial for so-called underwater homeowners. For situations where the mortgage is worth more than the home, the government's loss-sharing arrangement would gradually decline to 20% before ending for homes where the loan-to-value exceeds 150%. The loss-sharing arrangement would last for eight years.
The agency is not pursuing principal reductions because it can achieve affordable monthly payments without them, Gray said.
Also, it's easier to convince investors to agree if the loan balance is not changed. When the principal is lowered, the value of loan modification over foreclosure is reduced.
IndyMac as a model
At IndyMac, agency officials have already modified 5,000 troubled mortgages, achieving affordable payments through interest rate modifications in 70% of the cases. Another 20,000 delinquent borrowers are in the process of having their income verified.
Taking over IndyMac allowed the FDIC to put into practice its call for a streamlined system to mortgage modifications, a move servicers have since followed. Until then, loans were being adjusted on a case-by-case basis, which overwhelmed servicers and increased the flood of foreclosures.
Payments on the modified IndyMac loans, which are being adjusted to between 31% and 38% of income, are lowered by $380 on average, Bair told lawmakers last month.
A total of 65,000 borrowers, or 10% of IndyMac's loan portfolio, were delinquent when the government took over. The agency is reaching out to another 20,000 delinquent borrowers, while the remaining 20,000 borrowers are not eligible for help for a variety of reasons including that they no longer live in the home, have turned in the keys or are already in the foreclosure process.
The agency is adjusting both loans that IndyMac owns and those it services that have been bundled into securities and sold to investors. According to the FDIC, officials are not having trouble convincing investors -- who are often accused of blocking modifications -- that they'll recover more if the loan is adjusted rather than if it goes into foreclosure.
"You demonstrate to investors that modifications are the better alternative," Gray said.
First Published: November 14, 2008: 8:08 AM ET
