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History of Mortgage Loan Modifications, Part 1


  • July 30, 2008 'Hope For Homeowners' was passed by the US Congress. In the six months before it was absorbed into the Home Affordable Mortgage Plan, it accomplished one modification.


  • March 4, 2009 the US Treasury issued Uniform Guidance for President Obama’s “Making Home Affordable” plan which is the Administration’s stimulus strategy to get the housing market corrected. This included the Home Affordable Mortgage Plan.


  • May 20, 2009 President Obama signed the 'Helping Families Save Their Homes Act', and the 'Fraud Enforcement and Recovery Act' (FERA)

On May 20, 2009 President Obama signed the Helping Families Save Their Homes Act, and the Fraud Enforcement and Recovery Act (FERA):

The Helping Families Save Their Homes Act is aimed at helping homeowners by making mortgages more affordable and preventing "avoidable" foreclosures. As many as 9 million homeowners could benefit from this legislation. Obama, before signing the bill, said the bill "expands the reach of our existing housing plan for homeowners with FHA or USDA rural housing loans, providing them with new opportunities to modify or refinance their mortgages to more affordable levels." The original bill was criticized for the "cram down" provision, which according to critics would encourage borrowers to abdicate their responsibility towards loan repayment. The legislation, however, was ultimately passed without the cram down provision.

FERA is a bid to revamp the outdated and ineffective laws governing mortgage fraud. The number of investigations pertaining to mortgage fraud, initiated by the Federal Bureau of Investigation (FBI), has doubled over the past three years. The legislation, in addition to providing $331 million to agencies such as the FBI and the Securities and Exchange Commission, expands the authority of the Department of Justice "to prosecute fraud that takes place in many of the private institutions not covered under current federal bank fraud criminal statutes," according to President Obama.

Around the first of August, the media was replete with reports that 235,000 mortgages had been modified since the passage of "Making Home Affordable" in March. That came to 9% of the estimated 4 million that the US Treasury estimated as eligible. Much was made of the Treasury's intent to raise that number to 250,000 by November. That computes to 13% of the same eligible 4 million. Those same reports focused on homeowner's difficulty in getting any satisfaction from their lenders. Meanwhile, US national attorneys are quietly getting 95% of their application negotiations completed. The reader is asked to use a calculator and simple math to figure what is happening to the others.


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