FANNIE MAE INTENSIFIES PENALTIES FOR STRATEGIC DEFAULTERS

Seven-Year Lockout Policy for Strategic Defaulters

We would like to share this current update on recent Fannie Mae policy changes designed to encourage borrowers to work with their servicers and pursue alternatives to foreclosure. This change will affect homeowners who decides to do a “strategic default,” -- when borrowers are walking away from their homes based on the sheer fact that the property is currently worth less than what is owed, even if they are able to afford their monthly mortgage payments. This phenomenon isn’t looked upon kindly, as it unnecessarily adds to the growing number of foreclosures across the nation.

Under these changes, defaulting borrowers who walk away and had the capacity to pay or did not complete a workout alternative in good faith will be ineligible for a new Fannie Mae-backed mortgage loan for a period of seven years from the day of foreclosure.

In addition, Fannie Mae said it will take legal action to recoup the outstanding mortgage debt from borrowers who strategically default on their loans in jurisdictions that allow for deficiency judgments. In an announcement next month, the company said it will be instructing its servicers to monitor delinquent loans facing foreclosure and put forth recommendations for cases that warrant the pursuit of deficiency judgments.

“We’re taking these steps to highlight the importance of working with your servicer,” said Terence Edwards, executive vice president for credit portfolio management. “Walking away from a mortgage is bad for borrowers and bad for communities, and our approach is meant to deter the disturbing trend toward strategic defaulting.”

On the flip side, Edwards said borrowers facing hardship who make a good faith effort to resolve their situation with their servicer will preserve the option to be considered for a future Fannie Mae loan in a shorter period of time.

According to Fannie Mae, troubled borrowers who work with their servicers and provide information to help the servicer assess their situation can be considered for foreclosure alternatives, such as a loan modification, a short sale, or a deed-in-lieu of foreclosure. Fannie Mae said borrowers with extenuating circumstances who work out one of these options with their servicer could be eligible for a new mortgage loan in three years and in as little as two years depending on the circumstances.

Here is the verbiage from the FN Bulletin:

Currently, the waiting period that must elapse after a borrower experiences a
foreclosure is seven years. However, Fannie Mae allows a shorter time period –
five years – if certain additional requirements are met (e.g., minimum down
payment and credit score, and occupancy requirements).

These requirements are being modified to remove the five year option. Unless the foreclosure was the result of documented extenuating circumstances, which only requires a three-year waiting period (with additional requirements), all borrowers will now be required to meet a seven-year waiting period after a prior foreclosure to be eligible for a new mortgage loan eligible for sale to Fannie Mae."

Don't miss the section that says borrowers who have extenuating circumstances may be eligible for new loan in a shorter timeframe.

You can check out the full text of the announcement here: Fannie Mae's Selling Guide Announcement SEL-2010-05.

ARE YOU ELIGIBLE FOR THE OBAMA MORTGAGE PLAN?

Here is another helpful piece concerning the new Home Affordability and Stability Plan (HASP), courtesy of my preferred lender Aaron Gordon at Countrywide Home Loans.

There have been a lot of questions about the HASP that will allow for refinances up to 105% of property values and for note modifications down the 31% of income, if the investor on your loan is Fannie Mae or Freddie Mac.

Answers and guidelines have been coming in daily. Some are very exciting.

For example, the plan doesn't care about occupancy. It applies to investment and vacation homes as well as owner-occupied homes. There are no minimum credit score requirements. There are no debt-to-income maximums. You just have to demonstrate an ability to repay.

Here is how you can determine if you are one of the seven to nine million homeowners eligible for relief under the plan:

STEP ONE: ARE YOU FANNIE OR FREDDIE BACKED?
To determine if Fannie Mae or Freddie Mac is the investor on your loan, a requirement of the program, you can do any of the following:

1) CALL your servicing company, which is where you send your payment.

2) Or you can do this by INTERNET:

Does Fannie Mae Own Your Mortgage? Click or copy and paste the link below:
http://www.fanniemae.com/homepath/homeaffordable.jhtml

Does Freddie Mac Own Your Mortgage? Click or copy and paste the link below: http://www.freddiemac.com/corporate/buyown/english/avoiding_foreclosure/avoiding_foreclosure_form.html

3) Or you can do this by TELEPHONE:
FREDDIE MAC 1-800-FREDDIE (8am to 8pm EST) FANNIE MAE 1-800-7FANNIE (8am to 8pm EST)

STEP TWO: DETERMINE ELIGIBILITY
If this home is your primary residence, go to www.FinancialStability.gov or click or copy and paste this link: http://www.financialstability.gov/makinghomeaffordable/refinance_eligibility.html

This site will walk you thru a step-by-step questionnaire that will help you determine eligibility and more.

STEP THREE:
If it says you are eligible for refinance, call your preferred loan officer. If you are eligible for Note Modification, call your bank.

NOTE: If this property is a vacation home or an investment home and the home's value is upside now in value by no more than 5%, call your preferred lender and ask if you are a candidate for HASP. It may take a few weeks before guidelines are known but you can start getting on interest lists now.


We at The Dulcie Crawford Group are continually on the lookout for information that can affect your individual real estate situation, and we would like to be your leading source of information. Stay tuned for more updates as they become available.