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Rep. Barney Frank (D-Massachusetts), who helped steer the HUD program through Congress, said some
of the federal bailout money should be used to revamp it. Frank
acknowledged the initiative has its problems, but he blamed them on the
Bush administration.
"That's partly their fault," said Frank, chairman of the House Financial Services Committee. "The administration was critical of the program and kept putting
pressure on us to make it cheaper and more restrictive. ... If it
hadn't been for the Bush administration's opposition, we would have
written it in a better way in the first place."
The goal of the program, run by the Federal Housing Administration, was to allow borrowers who owe more than their homes are worth to
refinance into more affordable 30-year fixed-rate mortgages insured by
the government.
But part of the problem is that the program's success hinges on the lenders' willingness to participate.
Congress
originally allowed the FHA to insure new loans for only 90 percent of a
home's value. With home prices plunging, borrowers who have little or
no equity in their homes and cannot otherwise come up with the
remaining 10 percent qualify only if the lender forgives this balance.
Lenders balked.
Late last month, Congress granted HUD permission
to increase the amount that's insured and the department decided to
guarantee up to 96.5 percent of the value of new loans. Preston in the
interview praised that change. Its impact remains unclear.
"Getting
the lenders to agree ... has been our biggest challenge," said Peyton
Herbert, director of foreclosure services at HomeFree USA, a housing
counseling firm in Hyattsville. "They want dollar for dollar what's
owed on that loan or something close to it. That's the fly in the
ointment."
The list of impediments goes on. Borrowers who
participate in the program must pay hefty fees and high interest rates,
and they must split any increased value with the federal government
when the home is sold.
"You're paying a premium to borrow the money already, and that ought to be enough," said John Taylor, chief executive of the National Community Reinvestment Coalition. "To me this falls into the category of, we want your firstborn."
A
further hindrance: The mortgage payment must exceed 31 percent of a
borrower's income as of March, which does not help people who have
since fallen into trouble.
Add to that the fact that borrowers
must also provide two-years of financial records and sign a statement
that they did not give false or misleading information on their
original loan application and the bar gets even higher. It becomes even
more difficult to attract borrowers who took out loans without
verifying their income.
"How do you do that?" Preston said. "That was legislated."
For all those reasons, FHA Commissioner Brian Montgomery said he got an earful from agitated lenders, housing counselors and
real estate agents at a seminar last month in Atlanta designed to
educate housing professionals about the Hope for Homeowners program.
"What
we thought would be a civil and cordial exchange with the several
hundred people gathered turned into an almost rock-throwing episode,"
said Montgomery.
He said Capitol Hill lawmakers were hampered by a philosophical divide within their ranks
when they cobbled the program together and that led to a compromise
that made little sense.
"There were two philosophies on the Hill:
Let's throw the barn door open and help as many people as we can
regardless of the reasons. Or we need to make them pay because they
should have known what they were doing," Montgomery said. "They found
some middle philosophical ground, but that philosophical middle ground
made [the program] unworkable."
Montgomery complained that any
minor adjustment to the program must be passed through an oversight
board, which further slows the FHA's response time.
Frank called Montgomery's assessment of Congress's handling of the legislation "dishonest."
As for oversight, he said the board is made up of Bush appointees. "Shame on them if that's the problem."
Frank
acknowledged, however, that concessions had to be made to make the
program palatable to the American public. This is why borrowers who
take part in it must share any gains from appreciation in home values
with the government.
"You're not going to get a program approved
that helps people refinance loans on their homes and then allows them
to turn around the following year and make a profit on that home,"
Frank said.
Frank provided a letter he wrote to Treasury Secretary Henry M. Paulson, Jr., in late November urging him to use the bailout money Congress
approved for rescuing the financial markets to reduce the upfront and
annual fees, because these are reducing use of the Hope for Homeowners
program.
In another letter to Paulson, Preston, Federal Reserve Chairman Ben Bernanke and FDIC Chairman Sheila C. Bair, Frank made a few more suggestions and praised HUD's decision to
increase the proportion of loans that the FHA can insure to 96.5
percent from 90 percent.
But yesterday, he said the FHA's leadership in these trying times has been a "disappointment."
Montgomery
said Frank's ire at his agency is misdirected. "Barney Frank may have a
beef with some of the Republicans," he said, "but he shouldn't have a
beef with us."
Intellpuke: You can read this article by Washington Post staff
writer Dina ElBoghdady, reporting from Washington, D.C., in context
here:
www.washingtonpost.com/wp-dyn/content/article/2008/12/16/AR2008121603177.html?nav=hcmodule
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