October 24, 2011|By William E. Gibson and Donna Gehrke-White, Sun Sentinel
Tens of thousands of struggling South Florida homeowners could benefit from proposals unveiled by White House and state court officials.
President Barack Obama on Monday said “we can’t wait” for Congress to act and issued orders to make it easier for underwater homeowners to refinance. .
About 48 percent of homeowners with mortgages in Broward County are underwater, according to the research firm CoreLogic. In Palm Beach County42 percent owe more than their homes are worth. Most of these homeowners haven’t been able to take advantage of record-low mortgage rates, CoreLogic reports.
Obama will revamp the Home Affordable Refinance Program by eliminating some appraisals and underwriting requirements.More than 890,000 homeowners nationwide have already refinanced under the HARP program, which is available to borrowers with loans backed by Fannie Mae and Freddie Mac that were taken out before May 31, 2009.
Meanwhile, a panel led by Judge William Palmer of the Second District Court of Appeal is recommending the Florida Supreme Court overhaul a required mediation process for homeowners in foreclosure to ease the state’s housing crisis. The panel thinks the program, which has not led to many mediation settlements, is keeping Florida from rebounding from the foreclosure crisis.
South Florida accounts for more than a third of the state’s backlog of 462,339 foreclosure cases.
Here are answers to some questions about the two proposals:
Q: Who would be affected by the Obama refinancing plan?
A: Potentially millions of underwater homeowners nationwide could benefit, federal officials say. That includes hundreds of thousands of Florida homeowners, estimates Rob Nunziata, president of FBC Mortgage, a brokerage based in Orlando.
Until now, homeowners who were more than 25 percent underwater could not use the HARP program, excluding many families in Florida and other boom-to-bust states where housing values have plummeted.
“We have too many Americans who have done all the right things – who have paid their bills, they are current on their mortgages – yet they are still stuck with 6- or 7-percent mortgages because home prices in their neighborhoods have made them ineligible for refinancing,” said Shaun Donovan, secretary of Housing and Urban Development.
Q: What are the restrictions?
A: Homeowners must be current in their mortgage payments. Only homeowners with mortgages created before June 2009 that are owned or backed by government-controlled Fannie Mae and Freddie Mac would be eligible.
Mortgage amounts must be more than 80 percent of the current market value of homes. Officials are talking about dropping that limitation.
It does not help the 3.5 million Americans who are seriously delinquent in their loans or in the process of defaulting.
Q: How would this reduce the cost of refinancing?
A: It would eliminate risk-based fees and reduce “closing costs” when settling on a revised loan. That includes reducing the cost of title insurance and fees for processing liens.
Appraisals – which evaluate the value of homes – would be automated in most cases, eliminating or reducing the need for appraisal fees.
The Treasury Department also is contacting officials in hardest-hit states such as Florida to explore ways to further reduce closing costs.
Under the revamped program, Fannie and Freddie would reduce the fees they have charged to enable borrowers to better afford the new loans.
Among the fees that may be reduced or eliminated are those for loan level price adjustments. In future, borrowers may not be penalized for less-than-perfect credit scores, for example.
Fees also will be waived for some underwater borrowers who refinance into 20-year or other, shorter-term loans. By doing so, it could help homeowners get above water faster.
Q: When does it take effect?
A: New guidelines to implement the program will be sent to lenders on Nov. 15. The refinancing program was to end in June but will now be extended to the end of 2013.
Q: Why are they doing this now?
A: Obama administration officials had hoped that HARP would help as many as 4 million Americans, but as of August only about 900,000 had taken advantage.
Officials also said on Monday they could not count on Congress – riven by party differences – to agree on housing aid, so they took action within existing law to try to reduce costs and other barriers. “Where Congress won’t act, this president will,” said White House communications director Dan Pfeiffer.
Q: What does the special committee recommend to the state Supreme Court?
A: The panel says the mandate for a statewide mediation foreclosure program should be eliminated. Instead, the chief justices in Florida’s 19 judicial circuits should be allowed to modify the proceedings to better suit their areas’ needs.
The idea is to make the mediation go faster with more loan modifications approved during the meetings between homeowners and lenders. Homeowners should be made aware of the documents needed, such as paycheck stubs and bank account statements, before they attend a mediation meeting. The committee also recommended that the Florida Supreme Court set up a new group to come up with ways to reduce mediation fees to make it more affordable to struggling homeowners.
Q: When will the Florida Supreme Court decide on the recommendations?
A: “Too soon to tell at this point,” Supreme Court spokesman Craig Waters said Monday. “The report was just circulated to the justices on Friday.”
Q: Where is more information available on the mediation program?
A: For the courts program, Broward’s mediation officers can be reached at 866-222-6541. The Palm Beach Bar Association is handling that county’s mediation and can be called at 561-598-6259.
The website hud.gov, also provides lists of free government-approved counselors who can help struggling homeowners avoid foreclosure.
Q. Where is more information available about Obama’s new plan?
The Obama administration has not yet set up a website about the new program but you can find some information at the Federal Housing Finance Agency’s website, dgehrke@tribune.com“>http://www.fhfa.gov/
dgehrke@tribune.com or 954-356-4205