A day after the
Obama administration
proclaimed
significant progress
in its effort to
spare troubled
homeowners from
foreclosure, an
oversight panel on
Friday sharply
criticized the
program and declared
it would leave
millions of
Americans vulnerable
to losing their
homes.
In a report mild in
language but pointed
in substance, the
Congressional
Oversight Panel — a
watchdog created
last year to keep
tabs on taxpayer
bailout funds — said
the administration’s
program would, “in
the best case,”
prevent “fewer than
half of the
predicted
foreclosures.”
The report rebuked
the administration
for failing to shape
a program that
addressed the most
significant engines
of the foreclosure
crisis — soaring
joblessness and
exotic mortgages
with low
introductory
interest rates that
give way to sharply
higher payments over
the next three
years. Many of those
mortgages are too
large to qualify for
modification under
the administration’s
plan. People who
lose their jobs
often lack enough
income to qualify
for relief.
The administration’s
plan appears
“targeted at the
housing crisis as it
existed six months
ago, rather than as
it exists now,”
asserted the
oversight panel in
its report.
“The panel urges
Treasury to
reconsider the
scope, scalability
and permanence of
the programs
designed to minimize
the economic impact
of foreclosures and
consider whether new
programs or program
enhancements could
be adopted.”
In a telephone
briefing with
reporters, the
oversight panel’s
chairwoman,
Elizabeth Warren,
said the
administration’s
housing program was
so limited that it
was unlikely to keep
pace with the
growing wave of
foreclosures.
“Even when
Treasury’s programs
are running at full
speed, foreclosures
are estimated to
outpace
modifications by
about two to one,”
Ms. Warren said. “It
simply isn’t clear
that the programs in
place will do enough
to tame the crisis
and have a
significant impact
on the broader
economy.”
The Treasury
acknowledged that
its anti-foreclosure
program was limited,
with the effect of
rising unemployment
not fully checked.
But the department
said other relief
efforts, like
extended jobless
benefits and
continued health
insurance for people
who lose work, were
better suited to
alleviating economic
distress than the
housing program.
“In developing this
program, it was
critical that we
address challenges
that could be solved
quickly with the
tools available to
us to ensure the
most effective use
of taxpayer money,”
said Meg Reilly, a
Treasury
spokeswoman.
The administration’s
decision to limit
the cost of its one
program aimed at
helping homeowners
could become more
contentious as the
foreclosure crisis
grinds on. Populist
anger has flashed
over the rescues of
major institutions
including Citigroup
and the American
International Group
— the most prominent
components of a $700
billion
taxpayer-financed
bailout — while
homeowners struggle.
“These Treasury
people are all from
Wall Street, and
they’re not doing
anything but
protecting Wall
Street,” said
Melissa A. Huelsman,
a Seattle lawyer who
represents
homeowners fighting
foreclosure. “They
don’t care in the
least about
protecting
homeowners.”
When the Obama
administration began
its $75 billion
Making Home
Affordable program
in March, it said
the plan would spare
as many as four
million households
from foreclosure. On
Thursday, Treasury
announced that
500,000 homeowners
had since had their
payments lowered on
a trial basis,
celebrating this as
a milestone.
But the report from
the oversight panel
directly challenged
the administration’s
characterizations.
Most prominently,
the panel had grave
uncertainty about
whether large
numbers of the trial
loan modifications —
which typically run
for three months —
would successfully
be converted to
permanent terms.
As of the beginning
of September, only
1.26 percent of
trial modifications
that had made it
through the
three-month trial
period had become
permanent, the
report found. Of
course, very few of
those trial loans
had reached their
three-month
expiration because
the program only
recently began
processing large
numbers of
applications. As of
Sept. 1, the Obama
plan had produced
1,711 permanent loan
modifications.
Some homeowners
complain they have
received trial
modifications only
to have them
canceled for what
seem dubious reasons
— checks sent but
supposedly never
received, documents
once in the file but
suddenly missing.
“We’re on the
phone arguing with
mortgage companies
every day,” said Dan
Harris, chief
executive of Home
Retention Group, a
company that
negotiates with
mortgage companies
for loan
modifications on
behalf of
homeowners, adding
that trial
modifications for
four of his clients
had been canceled
over the last month.
“It’s incredible.”
Major mortgage
companies say they
have significantly
increased staffing
to better manage the
flow of paperwork,
while notifying
customers of the
need to send in
fresh documents to
make their trial
modifications
permanent. But the
companies offer no
assurances that a
large number of 3
month trial
modifications will
indeed become
permanent.
“The process is too
new,” said Dan Frahm,
a spokesman for Bank
of America. “We
don’t know the
number.” He
estimated that 15
percent to half of
all trial
modifications would
fail to become
permanent.
The Treasury
expressed hopes that
a newly streamlined
process that allowed
borrowers to submit
documents to
mortgage companies
more easily would
help make large
numbers of trial
modifications
permanent.
“We are intent on
working with
servicers to ensure
that eligible
borrowers receive
permanent
modifications,” said
the department
spokesperson, Ms.
Reilly.
The oversight
panel’s report
expressed chagrin
that the vast
majority of loan
modifications did
not lower loan
balances, leaving
many homeowners
still “under water,”
or owing more than
their homes were
worth.
This tends to lower
all property values,
the report noted,
because underwater
borrowers have less
incentive to care
for their homes, and
greater reason to
stop making payments
and default.
An Obama
administration
official who spoke
on condition of
anonymity, citing a
lack of
authorization to
speak publicly, said
the Treasury would
have preferred that
the program focused
more on writing down
principal balances
but ultimately opted
against it because
“that would make it
significantly more
expensive to the
taxpayer.”
In Wauwatosa, Wis.,
Theresa Lutz, 47,
has been seeking to
lower the payments
on her home for
several months. She
is a graphic
designer whose
working hours were
cut last summer. In
September, her
employer cut her
salary by 6 percent.
That has made it
difficult for her to
pay her monthly
mortgage of $1,307.
As Ms. Lutz
described it, her
mortgage company,
Wells Fargo,
initially agreed to
lower her payments.
But then, last week,
the bank informed
her that she would
have to come up with
a fresh $3,000 to
compensate the
investor who owned
her loan.
A Wells Fargo
spokesman, Kevin
Waetke, said that
information had been
conveyed “in error”
and “the customer
has been notified
that payment does
not need to be
made.”
As Ms. Lutz
struggled to clarify
her agreement with
Wells Fargo, she
expressed dismay at
news of the
oversight panel’s
report, and its
finding that not
enough help seemed
to be on the way.
“It looks to me like
Wall Street is too
invested in our
government,” she
said. “Big business
is winning out over
the average person.”