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TITLE I - Troubled Assets Relief Program

Sec. 109. Foreclosure Mitigation Efforts. (2 Comments) subscribe to the comments feed

  1. RESIDENTIAL MORTGAGE LOAN SERVICING STANDARDS.To the extent that the Secretary acquires mortgages, mortgage backed securities, and other assets secured by residential real estate, including multifamily housing, the Secretary shall implement a plan that seeks to maximize assistance for homeowners and use the authority of the Secretary to encourage the servicers of the underlying mortgages, considering net present value to the taxpayer, to take advantage of the HOPE for Homeowners Program under section 257 of the National Housing Act or other available programs to minimize foreclosures. In addition, the Secretary may use loan guarantees and credit enhancements to facilitate loan modifications to prevent avoidable foreclosures.

  2. COORDINATION.The Secretary shall coordinate with the Corporation, the Board (with respect to any mortgage or mortgage-backed securities or pool of securities held, owned, or controlled by or on behalf of a Federal reserve bank, as provided in section 110(a)(1)(C)), the Federal Housing Finance Agency, the Secretary of Housing and Urban Development, and other Federal Government entities that hold troubled assets to attempt to identify opportunities for the acquisition of classes of troubled assets that will improve the ability of the Secretary to improve the loan modification and restructuring process and, where permissible, to permit bona fide tenants who are current on their rent to remain in their homes under the terms of the lease. In the case of a mortgage on a residential rental property, the plan required under this section shall include protecting Federal, State, and local rental subsidies and protections, and ensuring any modification takes into account the need for operating funds to maintain decent and safe conditions at the property.

  3. CONSENT TO REASONABLE LOAN MODIFICATION REQUESTS.Upon any request arising under existing investment contracts, the Secretary shall consent, where appropriate, and considering net present value to the taxpayer, to reasonable requests for loss mitigation measures, including term extensions, rate reductions, principal write downs, increases in the proportion of loans within a trust or other structure allowed to be modified, or removal of other limitation on modifications.

2 comments on Sec. 109. Foreclosure Mitigation Efforts.

  • 1. "encourage the servicers of the underlying mortgages" to "encourage or compel"

    2. How on earth is net present value to the taxpayer to be calculated?

    This all a mess anyhow. Consider HOLC, a program that worked, rather than this patchwork.

    posted by lambert strether (Corrente) at September 29, 2008

  • This proposal is way too little to get at the root of the problem, which is foreclosures. The foreclosures are threatening even "good" loans. Institute the HOLC and help borrowers out of this mess. You can't help the lenders if the borrowers can't repay.

    posted by Sharon Meigs at September 29, 2008
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