Colorado and Georgia Lead Highest U.S. Foreclosure Listings Increase

/PRNewswire/ -- ForeclosureDataOnline.com reports that Colorado and Georgia had the highest increase in foreclosure listings, considered the most in the United States from April to May of 2011, reflecting more accurate statistics and reasons challenging the overall appearance of a downward trend over the previous year.

Colorado foreclosed homes were 6,825 in March and 7,277 listings in April, a 6.62% increase.

Georgia had a bit more at 3,575 foreclosure listings in March and 3,828 listings in April, a 7.08% increase.

Only Georgia, Colorado, New Jersey, Wyoming, Alabama, and Alaska had increases from March to April 2011. Experts suggest that the slight rise in the preceding month has to do with the continuous flow of foreclosures that have been stuck in limbo while courts and lenders wade through the many filings to ensure that all paperwork was correctly and accurately completed. Last year's scrutiny of so-called "robo-signing" of documents by inexperienced personnel hired to help process the many loans in default or in modification, temporarily slowed the process.

As more foreclosure paperwork continues to be processed, more of these homes will appear on the market. In Colorado, the consensus is that the tourism industry has been affected by the lack of spendable income and that has affected jobs in the mountain state. In Georgia, jobs were added in several industry sectors for the second straight month. Yet data reveals a slight relief of the immense backlog of foreclosure listings that have been held up for months by the tight scrutiny of the foreclosure processes that have slowed the process in previous months, and now shows the increase in listings.

Completing the information, ForeclosureDataOnline.com also calculated the percentage of Colorado and Georgia foreclosed homes of the top cities of these states:

COLORADO
Denver: -1.0%
Aurora: +5.4%
Arvada: +7.0%
Colorado Springs: +7.7%
Brighton: +10.4%

GEORGIA
Atlanta: +28.9%
Lawrenceville: +5.4%
Marietta: +23.6%
Douglasville: +129.3%
Savannah: -5.6%

High unemployment, a soft real estate market, and underwater borrowers--all key factors that create foreclosures--are contributing to the long duration of the housing and financial crisis.

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LPS' July Mortgage Monitor Report: Foreclosure Starts Increase; Late-Stage Delinquencies Lead Rise

/PRNewswire/ -- The July Mortgage Monitor report released by Lender Processing Services, Inc. (NYSE:LPS) shows that foreclosure starts are on the rise, with seriously delinquent loans - those six or more months delinquent - dominating new foreclosure actions.

The increase in foreclosure starts is consistent with the Department of Treasury's latest report that approximately half of all Home Affordable Modification Program (HAMP) trial modifications resulted in cancellation, though 45.4 percent of those have resulted in alternative (non-HAMP) modifications.

Delinquent and foreclosure inventories continue to stabilize but have yet to show annual declines. Continuing the trend from June, agency prime loans have seen the greatest month-over-month increase in foreclosure inventory and the second highest percentage increase since January 2009. Only non-agency jumbo prime loans have experienced a greater increase during the same period, but the month-over-month results indicate that this inventory has begun to decline.

The report also shows that approximately 895,000 loans that were current at the beginning of January are at least 60 days delinquent or in foreclosure as of the end of July - a month-over-month increase of 120,000 loans. Cure rates remain steady overall, but seriously delinquent cures have declined significantly, by approximately 25 percent, which is consistent with the decline in permanent modifications established during the month of July.

Other key results from LPS' latest Mortgage Monitor report include:

           Total U.S. loan delinquency
           rate:                           9.33 percent
           Total U.S. foreclosure
           inventory rate:                 3.75 percent
           Total U.S. non-current* loan
           rate:                           13.08 percent
           States with most non-current*    Florida, Nevada, Mississippi,
           loans:                           Georgia, Arizona
           States with the fewest non-      North Dakota, South Dakota,
           current* loans:                  Alaska, Wyoming, Montana

  *Non-current totals combine foreclosures and delinquencies as a
   percent of active loans in that state.
  Note: Totals based on LPS Applied Analytics' loan-level database of
   mortgage assets.

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Number of Foreclosures in August, 2010 Still Falling

/PRNewswire/ -- Foreclosure Deals, an online leader in the foreclosed homes for sale listings and information industry, announced today that foreclosures increased by 4% nationwide during July and still have fall in the month of August. The month's total of 325,225 homes represents a 10% decrease from foreclosure totals in June 2009, and indicate that the trend of rising bank repossessions is continuing well into the summer.

Using statistics drawn from the Foreclosure Deals database of foreclosure properties, the company revealed that bank repossessions, also known as REO properties, totaled 94,500 during July with a drop of less than 1% in the month of August, nearly matching the single-month record. Bank repossessions represent the final stage of the foreclosure process, but are still sold for discounts as bank owned homes. Notices of default, which mark a new foreclosure, were up 1% in July, but down over 28% from July of 2009.

The trend of increasing bank repossessions and fewer Notice of Default has been the case for several months, but experts are careful to point out that it does not signal that the foreclosure market is flagging.

"Foreclosure totals are up over 300,000 for the month of August, and that's a huge number," remarked James Foxx, a business analyst with Foreclosure Deals. "A lot of bank repos are occurring because they're finally clearing out the huge log of properties that have been in foreclosure limbo due to moratoriums, loan negotiations and similar delays. Notices of default are down, but a lot of that has to do with foreclosure prevention programs. So we're cutting down on new foreclosures, but there are still plenty of bank-owned homes out there, keeping the foreclosure inventory high."

The top 5 states for foreclosure totals, California, Florida, Michigan, Illinois and Arizona, all saw foreclosures increase during August by at least 7%, except for California, which saw its totals decrease slightly by 3.1%. Illinois saw a staggering monthly increase of 33% mainly in Chicago.

The states with the highest rates of foreclosure however, Arizona, Florida and Nevada, all saw a dramatic decrease in foreclosures from August of 2009. Other states saw their foreclosure rate increase dramatically during the same time period, including Michigan, up 128%; Illinois, up 35%; Maryland, up 35%; and Georgia, up 13%.

"A lot of buyers are reporting great deals on bank repossessions," notes Foxx. "Banks are looking to get rid of that surplus inventory, and prices have been very competitive."

Foreclosure Deals is a leading source for detailed foreclosure listings, news and information for buyers and investors. For more information on foreclosures or to browse listings in your area, visit www.ForeclosureDeals.com.

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Fannie Mae Mortgage Help Center Opens in Atlanta

/PRNewswire/ -- Fannie Mae (OTC Bulletin Board: FNMA) today announced the opening of a new mortgage help center in Atlanta to provide counseling and other services for struggling homeowners in the greater metro area with loans owned by Fannie Mae. The Atlanta Mortgage Help Center is the third facility and fourth announced partnership in a series of planned nationwide mortgage help centers. Fannie Mae is partnering on this initiative with Forest Park-based The D&;E Group, A Financial Education and Training Institute, Inc., major mortgage servicers, and civic and community leaders from across the region.

At the center, borrowers will meet directly with dedicated on-site English- and Spanish-speaking staff and experienced housing counselors to discuss their mortgage situation. These face-to-face meetings will help borrowers better understand the range of foreclosure prevention options available to them and help them to better manage their relationship with their servicer.

"A common misconception is that foreclosure is the only option, and in reality foreclosure doesn't have to be an option," said Jeff Hayward, Fannie Mae's Senior Vice President, National Servicing Organization. "We are opening the Fannie Mae Mortgage Help Center in Atlanta to provide distressed homeowners in the area the resources necessary to stay in their homes including free access to high quality counseling and in-person resolution of their particular mortgage circumstances. For those who do not qualify for a modification or other solution, our counselors will work with the servicer and homeowner to arrange a graceful exit from the property, which may include assistance with relocation costs. Homeowners who are struggling to make mortgage payments or who anticipate financial hardship should know that our doors are open for them."

Counselors will provide a full range of services, which include reviewing a borrower's loan, discussing foreclosure alternatives, collecting the required documents for the federal Making Home Affordable Program and providing help to finalize any pending loan workout efforts. Fannie Mae and The D&E Group will provide information and clarify expectations for the foreclosure prevention process. Efforts will be made to counteract local scams and groups that charge fees for modifications and foreclosure prevention services.

"The Fannie Mae Mortgage Help Center offers counseling, information and tools necessary to help homeowners avoid foreclosure," said Carrie Harris, President and Founder, The D&E Group. "Struggling homeowners should seek counseling through the center or a HUD-approved counseling agency and guard against scams by avoiding any individual or business who promises a modification for a fee."

The center is only for borrowers who have a mortgage held by Fannie Mae. Homeowners can determine if Fannie Mae owns their loan by visiting www.fanniemae.com/loanlookup or by contacting Fannie Mae at 1-800-7FANNIE. Homeowners who do not have loans owned by Fannie Mae can contact the Homeowner's HOPE(TM) Hotline at 888-995-HOPE.

The center is available by appointment only and borrowers wishing to schedule a visit should call (866) 442-8573 or E-mail atlanta_mhc@fanniemae.com.

Fannie Mae exists to expand affordable housing and bring global capital to local communities in order to serve the U.S. housing market. Fannie Mae has a federal charter and operates in America's secondary mortgage market to enhance the liquidity of the mortgage market by providing funds to mortgage bankers and other lenders so that they may lend to home buyers. Our job is to help those who house America.

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Foreclosures Fall 9% Nationwide During April

/PRNewswire/ -- Foreclosure Deals, a leader in providing listings of foreclosed homes for sale nationwide, reported today that foreclosure filings in April fell 9% from the previous month, and over 2% from April of 2009. The company also revealed that default notices, which mark the beginning of a new foreclosure, were down 12% from March and over 27% from the previous year, while bank repossessions (also known as REOs) of existing foreclosures hit a record high. These facts lead experts to believe the foreclosure market could be leveling off.

"Fewer foreclosure homes coming onto the market and more foreclosures being resolved by bank repossession is certainly a sign that the market is contracting," remarked James Foxx, a business analyst with Foreclosure Deals. "We have yet to see how this trend will play out, but if it continues it will lead to fast-growing foreclosure property values for foreclosure investors who act now."

The statistics show that the highest volume of foreclosures is concentrated in 5 states: Florida, California, Michigan, Illinois and Nevada. These states account for just over 50% of the national total. The Top 5 states for foreclosure rates remain Nevada, Arizona, Florida, California and relative newcomer Utah. Michigan saw the highest increase in foreclosures in the past year at 77%, while California saw the biggest drop, down 29%. California also saw the biggest monthly drop at 27%, with Georgia close behind, falling 21%.

Reno, NV was the only city among the Top 10 cities for foreclosure rates that saw an increase in foreclosures from April of 2009, another good sign for the national market. Other cities like Las Vegas, NV; Modesto, CA; Bakersfield, CA; Phoenix, AZ; Cape Coral, FL and Fort Myers, FL, all saw their foreclosure rates decrease over the past year.

Other states in the Top 10 for foreclosure rates were Idaho, at 1 in 226 homes; Georgia at 1 in 288 homes; and Colorado, at 1 in 337 homes. Despite being among the Top 10 states for foreclosure volume, Texas, Ohio and Virginia were not among the Top 10 states for rates of foreclosure.

Foreclosure Deals specializes in providing the most recent foreclosure news and information, as well as foreclosure listings from across the nation. Visit www.ForeclosureDeals.com to learn more.

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HGTV’s FrontDoor.com Identifies Top 10 Real Estate Predictions for 2010

(BUSINESS WIRE)--With some subtle signs of recovery in the housing market, the real estate industry is due to bounce back – but more challenges could lie ahead for buyers and sellers alike. HGTV’s FrontDoor.com identifies the top 10 must-know real estate trends for the coming year: (http://www.frontdoor.com/top10)

#10: Cash is king. All-cash offers will become even more popular for foreclosures and short sales, as banks would rather get less money than deal with the hassles of loan transactions.

#9: Smoother short sales. As lenders and real estate professionals become more accustomed to short sales (sales in which the proceeds are less than the outstanding debt), the process will become more streamlined and successful for all parties involved.

#8: Tricky appraisal rules. Due to the government’s Home Valuation Code of Conduct passed in May, property appraisals will be more expensive and take longer, sometimes hindering (or breaking) real estate deals.

#7: A conflicted construction market. Though lenders are still reluctant to finance new housing projects for builders, there’s a chance of double-digit increases in new construction next year (according to the McGraw-Hill Construction Outlook Report).

#6: Rising mortgage rates. The Fed’s effort to keep mortgage rates at historic lows is scheduled to end in March. Homebuyers should act now to capitalize on the lowest interest rates in years.

#5: Lending standards still tight. With the subprime mortgage debacle in recent memory, lenders will continue to require stellar credit and thorough documentation from borrowers.

#4: Some stabilizing home values. Nationally, the outlook for home values is good, with a rise in home prices during the last two quarters of 2009. Locally, however, many markets are a long way from full recovery.

#3: More foreclosures to come. Though more homes will go into foreclosure in 2010, some homeowners will be able to lease back their property at market rental rates for a year’s time, allowing more people to stay in their homes longer.

#2: More buyers entering the market. The government’s first-time homebuyer tax credit was extended to April 30 and to a broader range of buyers, which should bring even more buying activity to bear.

#1: Still a buyer’s market. As 2010 looks to be another year of low home prices and a robust inventory of homes for sale, it will still be the best opportunity for buyers to cash in on some great real estate deals.

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Tweaking Voluntary Measures Won't Stop Foreclosures

/PRNewswire/ -- The following is a statement by Michael Calhoun, President, Center for Responsible Lending:

"The Obama administration's latest adjustments to its nine-month-old foreclosure prevention program do little but highlight the continued failure of lenders' voluntary efforts to stop the foreclosure crisis. The number of Americans in foreclosure continues to rise dramatically, with up to three million new foreclosure starts this year alone, a trend that undermines economic recovery.

To address the foreclosure crisis that's at the root of the current slump will require more comprehensive action. Specifically, Congress must:

-- Require loan companies stop foreclosure proceedings while loan
modifications are under consideration.
-- Require loan companies to work with homeowners in distress.
Recognizing that the current voluntary system has failed, the House
and Senate currently are considering bills to make loss mitigation
efforts mandatory.
-- Create a low-cost, short-term loan program for unemployed homeowners
who have no other option for keeping current on their mortgage.
-- Require Treasury to go beyond selectively publishing loan servicing
data and make all data available so the public - including taxpayers -
can better evaluate the program and the efforts of individual
companies.
-- Allow stressed homeowners the option of lowering their principal
mortgage balance, including through bankruptcy courts.


Lenders have insisted for almost three years now that they will voluntarily address the foreclosure crisis, but the record shows they've made too few long-term modifications. The HAMP program the administration introduced last spring was an improvement, but it was originally designed as just one part of the solution, along with allowing homeowners to seek loan modifications through the existing court system.

Without mandatory requirements and fully disclosed results, foreclosure prevention efforts--no matter how well-intentioned--will not succeed. And the cost of failure will be borne by not just struggling homeowners, but by their neighbors, communities, and the larger economy."

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Avoidable Foreclosures Continue Despite Servicers' 'Loan Modifications'

/PRNewswire/ -- Why have several recent programs designed to encourage loan modifications failed to slow America's still-worsening home mortgage foreclosure crisis? A new report from the National Consumer Law Center (NCLC) discloses that mortgage servicers - including many large banks - have found it cheaper to foreclose on homeowners than to offer loan modifications that would benefit homeowners and investors.

The result: Americans who might be able to stay in their homes under a loan modification plan are being moved right past that option and on to foreclosure.

The new NCLC report, "Why Servicers Foreclose, When They Should Modify, and Other Puzzles of Servicer Behavior," reveals that servicers, unlike investors or homeowners, generally don't risk losing money on foreclosures. In fact, servicers usually make money on foreclosures.

Report author Diane E. Thompson, an attorney with NCLC, said, "The country is in the midst of a foreclosure crisis of unprecedented proportions. Millions of families have lost their homes and millions more are expected to lose their homes in the next few years. With home values plummeting and layoffs common, homeowners are crumbling under the weight of mortgages that were at best only marginally affordable when made. One common sense solution to the foreclosure crisis is to modify the loan terms in more instances. Foreclosures are a costly ordeal for the homeowner, the lender, and the community. Yet they continue to outstrip loan modifications because servicers have no incentive to help borrowers stay in their homes."

Who are these servicers that profit from foreclosures? Servicers are the banks or financial companies that usually collect payments and administer mortgage loans. They play a key role in the current foreclosure crisis, since original lenders frequently sell loans to investment trusts that rely on servicers to carry out most day to day transactions. Homeowners seeking to save their homes by modifying unaffordable loans typically deal with servicers. That is why the financial interests of servicers have the potential to hurt homeowners.

And too many of those financial incentives encourage servicers to ignore the interests of homeowners. For example, the report found that servicers often deny homeowners principal and interest rate reductions because as servicers they find it profitable to offer repayment plans or forbearance agreements that do little to reduce homeowners' debt burdens.

The consequences of such choices can be grim for homeowners. As the NCLC report notes: "Loan modifications inevitably cost the servicer something. A servicer deciding between a foreclosure and a loan modification faces the prospect of near certain loss if the loan is modified, and no penalty, but potential profit, if the home is foreclosed."

The NCLC report also found that the lack of third-party oversight allows servicers to pursue foreclosure instead of effective loan modifications that would benefit homeowners as well as investors. While credit rating agencies and bond insurers do monitor servicers, their oversight too often encourages servicers to foreclose.

The NCLC report includes a detailed examination of loans in foreclosure from 1995-2009 and how components of servicer compensation affected the likelihood and speed of foreclosure. It also looks at the rise of the servicer industry as a by-product of securitization; and the limited, but only effective oversight of servicers by credit rating agencies and bond insurers.

RECOMMENDED REFORMS

Thompson said: "The people who could change the way servicers are doing business - Congress, the Administration, and the Securities and Exchange Commission - and the market participants who set the terms of engagement - credit rating agencies and bond insurers - have failed to provide servicers with the necessary incentives to reduce foreclosures and increase loan modifications."

The NCLC report outlines the following action steps:

-- Avoid irresponsible lending through regulation of loan origination
-- Mandate loan modifications before a foreclosure
-- Fund quality mediation programs
-- Provide for principal reductions on existing loans in the
Administration's Home Affordable Modification Program (HAMP) and
through bankruptcy reform
-- Increase automated and standardized loan modifications for borrowers
in default and provide a safety net for borrowers for whom a
standardized modification is not affordable or who later default,
through no fault of their own, on a loan modification
-- Ease accounting rules for modifications to facilitate standardized
review, encourage long-term modifications, and enhance servicer
recovery of the expenses incurred in performing a modification
-- Require more transparency and uniformity in how servicers report loan
modifications to investors
-- Limit fees charged borrowers in default to reasonable and necessary
ones

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Consumer Credit Counseling Service of Greater Atlanta Receives $3.5 Million Grant to Support Foreclosure Prevention Counseling Efforts

/PRNewswire/ -- Consumer Credit Counseling Service (CCCS) of Greater Atlanta today announced that it has received a $3.5 million grant to support its national foreclosure prevention counseling efforts in several metropolitan areas. The much-needed boost will enable CCCS of Greater Atlanta to provide more foreclosure counseling than ever before to homeowners in danger of foreclosure.

"This grant will enable us to help homeowners in metropolitan areas that have been hit hardest by the nation's foreclosure crisis," said Suzanne Boas, president of CCCS of Greater Atlanta. "At no cost to the homeowner, counseling provides people with information and resources to help them avoid foreclosure. This is most effective when they reach out for help shortly after they become delinquent on their mortgage payments. We hope people concerned about foreclosure will call us for assistance at 800-251-2227."

Funds from this grant will enable CCCS of Greater Atlanta to conduct 18,400 foreclosure prevention counseling sessions. Based on the agency's historic client distribution, the 10 largest Metropolitan Statistical Areas (MSAs) that will benefit most from the grant are: Atlanta, Miami/Fort Lauderdale, New York/Northern New Jersey, Los Angeles, Washington, D.C., Orlando, Chicago, Tampa/St. Petersburg, Riverside/San Bernardino, Calif., and Phoenix.

The grant to support CCCS of Greater Atlanta's foreclosure intervention efforts was provided by funds from the National Foreclosure Mitigation Counseling Program. The initial funding was provided by Congress in the fiscal 2008 Consolidated Appropriations Act. Additional funding was provided through the Housing and Economic Recovery Act of 2008 and the Omnibus Appropriations Act of 2009.

The National Foreclosure Mitigation Counseling Program is administered through a competitive application process by NeighborWorks® America, within guidelines defined by Congressional legislation. NeighborWorks America is an independent, Congressionally-chartered non-profit organization based in Washington, D.C., with a mission to provide access to sustainable homeownership and safe, affordable rental housing.

The $3.5 million grant is the highest amount awarded to any single organization by NeighborWorks America. Four other nonprofit housing organizations also received $3.5 million.

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Mortgage Programs Fall Short in Keeping Homeowners out of Foreclosure

Economists debate whether or not the country is actually currently in a recession. Some say that there are positive signs that we have reached the bottom and the economy is turning around. Others, however, suggest that the country still has a long way to go and it may be years yet before we truly reach financial recovery. Regardless of who is right though, one thing is clear: many people are facing significant financial hardships and need help now.

For many, the place they need the most help is keeping their homes out of foreclosure. The sub-prime mortgage disaster has left many people unable to make their monthly payments and facing the prospect of losing their homes.

In an effort to prevent the national economy from worsening and help alleviate some of the suffering felt by homeowners, the Obama Administration introduced the "Making Homes Affordable" plan last March. So far, however, the plan has failed to have the effect the Administration claimed it would, reaching far fewer homeowners than the millions promised.

Federal Programs to Refinance and Restructure Mortgages

Making Homes Affordable created two programs meant to help homeowners keep their homes out of foreclosure by either refinancing or restructuring their home loan debt.

The first program, the Home Affordable Refinance Program(HARP), is meant to help those homeowners who want to refinance their mortgages, but are unable to secure traditional refinancing because their home has lost value in the depressed market. HARP is only open to homeowners who have their loans owned or guaranteed by the government-run Fannie Mae or Freddie Mac. Additionally, refinancing through HARP will not lower or otherwise impact the principal owed on the loan.

Other eligibility requirements of the refinancing program include:
-Homeowners must be current on their mortgage payments
-Homeowners cannot have been more than 30 days late on a payment within the last 12 months
-The amount owed on the first mortgage cannot be more than 125% of the current market value of the home
-The homeowner must be able to demonstrate a reasonable ability to pay the refinanced amount

The second program, the Home Affordable Modification Program(HAMP), applies to homeowners who are delinquent in the mortgage payments and either in foreclosure or facing the immediate threat of foreclosure. Once a homeowner's application is in review for the program, any foreclosure proceedings against him or her must be stayed until an eligibility decision is made.

To be eligible for HAMP, homeowners must demonstrate a financial hardship that makes it impossible for them to meet their mortgage obligations. This financial hardship may include things like unemployment and medical expenses. Some of the other qualifications homeowners must meet include:
-The unpaid principal balance on a single home cannot be more than $729,000
-The monthly mortgage payment must be more than 31% of the homeowner's monthly pre-tax income
-The first mortgage on the home must have originated on or after January 1, 2009
-The home must be the primary residence

If the homeowner has more than one mortgage lien on the property, only the first mortgage is eligible for modification under the program.

Criticisms of the Federal Programs

Even as the federal government continues to laud the successes of its Making Homes Affordable programs, those who have sought acceptance into either program are telling a different story. Some of the chief criticisms of the federal mortgage programs include:
- The programs are not helping as many people as the Administration claimed they would. According to reports, only 6% of the 4 million eligible homeowners are participating in the refinancing or restructuring programs. As of September, 88% of the 1 million ARM mortgages had not been modified or refinanced. Only 575,000 homeowners have been offered a trial program and of those, only 360,000 currently are underway.
- The programs only are mandatory for federal lenders and not private ones. Right now, private lenders like Bank of America and Citigroup are not required to participate in either program. Given that private lenders hold 85% of the 14 million mortgages in the country, their participation is necessary to offer any real relief.
- Voluntary involvement by private lenders is limited. Even though the federal government is pushing private lenders to become more involved - and giving them bail-out money as an incentive - the participation rates by private banks and other lenders are still low. Recent reports put JP Morgan Chase at the top of the list, having enrolled 20% of its eligible customers in the federal program. Wells Fargo and Bank of America round-out the bottom of the list with 6% and 4% respective enrollment.
- The process itself is difficult for homeowners. When homeowners are deemed eligible to participate in the program, they are buried under paperwork and may be forced to wait months before they obtain final approval. Many private lenders do not have the resources or personnel to handle the onslaught of requests, leading to lost documents, duplicate requests and long waits. The process is confusing at best, making it not worth the hassle for some frustrated homeowners.
- The programs do not offer relief to those who need it most.Arguably the biggest problem with the program is that it fails to help those in the worst financial straits. Homeowners behind in their payments are not eligible for the refinancing option. Those who qualify for the restructuring option must be able to make three payments on-time during the trial period in order to secure final approval for the restructured mortgage. If they fail to do so, they are dropped from the trial program and their home is subject to foreclosure. It stands to reason that an option should be made available for those in the worst financial conditions who cannot meet the eligibility requirements for either program.

Conclusion

People who have found themselves behind on their mortgages and facing foreclosure have other options besides seeking participation in one of the federally-sponsored Making Homes Affordable programs. Lenders have created their own refinancing and restructuring programs for many homeowners. If a bank program is not an option, homeowners may be able to keep their home out of foreclosure by negotiating a private settlement with the lender or filing for Chapter 13 bankruptcy protection.

Even though the unemployment and foreclosure numbers in Louisiana are considered moderate when compared to other states, this does not mean people in the state are not suffering from the economic downturn. According to the Louisiana Economic Vital statistics, foreclosures in Louisiana increased by 46% in August 2009 over the prior month. For more information on your legal options to reduce debt, contact an experienced attorney.

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Freddie Mac Extends Moratorium on Foreclosure Sales

/PRNewswire-FirstCall/ -- Freddie Mac (NYSE:FRE) today announced it is immediately suspending all foreclosure sales involving occupied single family and 2-4 unit properties with Freddie Mac-owned mortgages through March 6, 2009. The suspension does not apply to vacant properties.

The extension will provide servicers with more time to help troubled borrowers find an alternative to foreclosure.

Freddie Mac gives lenders servicing its mortgages broad authority to provide forbearance to borrowers who are not yet delinquent, and permanent rate reductions, mortgage term extensions, forbearance of principal or other modifications to borrowers who are already delinquent. (For more about Freddie Mac workout options, see freddiemac.com.)

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Foreclosure Activity Decreases 10 Percent in January According to RealtyTrac(R) U.S. Foreclosure Market Report

/PRNewswire/ -- RealtyTrac(R) (www.realtytrac.com), the leading online marketplace for foreclosure properties, today released its January 2009 U.S. Foreclosure Market Report(TM), which shows foreclosure filings -- default notices, auction sale notices and bank repossessions -- were reported on 274,399 U.S. properties during the month, a 10 percent decrease from the previous month but still up 18 percent from January 2008. The report also shows one in every 466 U.S. housing units received a foreclosure filing in January.

"The extensive foreclosure efforts on the part of lenders and government agencies appear to have impacted the January numbers -- particularly the Fannie Mae and Freddie Mac moratorium on all foreclosure sales that was extended through the end of January along with Florida's voluntary 45-day freeze on all new foreclosure actions and scheduling of foreclosure sales that was announced at the beginning of December," said James J. Saccacio, chief executive officer of RealtyTrac. "January REOs, which represent completed foreclosure sales to the foreclosing lender, were down 15 percent nationwide from the previous month. And in Florida overall foreclosure activity was down 20 percent from the previous month."

Nevada, California, Arizona post top state foreclosure rates

Nevada foreclosure activity in January decreased 4 percent from the previous month, but the state continued to register the nation's No. 1 foreclosure rate, with one in every 76 housing units receiving a foreclosure filing during the month. Foreclosure filings were reported on 14,444 Nevada properties in January, up 137 percent from January 2008.

California posted the nation's second highest state foreclosure rate in January, with one in every 173 housing units receiving a foreclosure filing during the month, and Arizona posted the nation's third highest state foreclosure rate, with one in every 182 housing units receiving a foreclosure filing during the month.

Despite a 20 percent month-over-month drop in foreclosure activity, Florida posted the nation's fourth highest state foreclosure rate, with one in every 214 housing units receiving a foreclosure filing during the month.

Other states with foreclosure rates ranking among the nation's 10 highest were Oregon, Illinois, Michigan, Georgia, Idaho and Ohio.

California, Florida, Arizona post highest foreclosure totals

Foreclosure filings were reported on 76,761 California properties, the most of any state despite a 14 percent decrease from the previous month. The state's foreclosure activity in January still increased 34 percent from January 2008.

Florida's 40,770 properties receiving foreclosure filings in January was the second highest total of any state, and Arizona's 14,674 properties receiving foreclosure filings was the third highest total of any state

Illinois foreclosure activity in January increased 16 percent from the previous month, giving the state 14,447 properties with foreclosure filings -- the fourth highest state total. One in every 363 Illinois properties received a foreclosure filing in January, the nation's sixth highest foreclosure rate.

Nevada, Michigan, Ohio, Georgia, Texas and Virginia also reported foreclosure totals that were among the nation's 10 highest.

California, Florida, Nevada cities post top metro foreclosure rates

California cities accounted for six of the top 10 metro foreclosure rates in January among metro areas with a population of 200,000 or more. Merced, Calif., posted the top metro foreclosure rate, with one in every 59 housing units receiving a foreclosure filing during the month -- nearly eight times the national average.

Other California metro areas with foreclosure rates among the top 10: Riverside-San Bernardino at No. 4 with one in every 81 housing units receiving a foreclosure filing; Modesto at No. 5 with one in every 84 housing units receiving a foreclosure filing; Stockton at No. 6 with one in every 86 housing units receiving a foreclosure filing; Vallejo-Fairfield at No. 7 with one in every 100 housing units receiving a foreclosure filing; and Bakersfield at No. 8 with one in every 120 housing units receiving a foreclosure filing.

Two Florida cities posted foreclosure rates among the top 10 metro foreclosure rates: Cape Coral-Fort Myers at No. 3 with one in every 80 housing units receiving a foreclosure filing and Port St. Lucie at No. 9 with one in every 123 housing units receiving a foreclosure filing.

With one in every 63 housing units receiving a foreclosure filing, the Las Vegas-Paradise, Nev., metro area posted the second highest metro foreclosure rate in January. The Reno-Sparks, Nev., metro area posted the 10th highest metro foreclosure rate, with one in every 128 housing units receiving a foreclosure filing. Reno-Sparks was the only metro area in the top 10 that did not experience a month-over-month decrease in foreclosure activity, but all of the top 10 saw year-over-year increases in activity.

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Freddie Mac Extends Eviction Suspension Until March, Launches Rental Option for Foreclosed Borrowers, Tenants

/PRNewswire-FirstCall/ -- Freddie Mac (NYSE:FRE) today announced it is extending its suspension of evictions triggered by foreclosures on single family properties with Freddie Mac-owned mortgages through February 28, 2009. Freddie Mac is simultaneously launching a new strategy to offer qualified owner-occupants and tenants leases so they can rent the properties on a month-to-month basis after foreclosure.

"First and foremost, Freddie Mac's REO Rental Option is intended to help cushion the impact of foreclosure on families who own or rent homes with Freddie Mac-owned mortgages," said David M. Moffett, Chief Executive Officer of Freddie Mac. "At the same time keeping foreclosed properties occupied and in better repair will support local property values and promote a faster recovery in the housing market."

Under the REO Rental Option, leases will be offered to current renters on a month-to-month basis at market rents or the rent amount they were paying prior to foreclosure, whichever is less. The rent for former owner-occupants will be the market rent, which will determined by the property management firm Freddie Mac contracted to manage the program.

To qualify, current tenants and former owner-occupants must be able to demonstrate they have adequate income to pay the monthly rental amount. The home must also meet applicable building codes, or can be affordably brought into compliance, to be eligible.

Freddie Mac will also explore loan modification options that may enable owner-occupants to retain ownership of their homes by reinstating their mortgage with modified terms.

"In about half of all foreclosure sales there is no conversation between the borrower and the mortgage servicer about workouts. Before starting the eviction process, we want to ensure there is one last effort to achieve a workout," explained Ingrid Beckles, Senior Vice President of Default Asset Management at Freddie Mac.

In 2008 Freddie Mac approved more than 87,485 workouts, enabling three out of five of its seriously delinquent borrowers to avoid foreclosure.

Freddie Mac gives lenders servicing its mortgages broad authority to help troubled borrowers before they miss a payment through forbearance as well as provide permanent rate reductions, mortgage term extensions or other modifications to borrowers who are already delinquent. Freddie Mac workout options include the Streamlined Modification Program developed with Fannie Mae, the Federal Housing Finance Agency (FHFA), HOPE Now and 27 mortgage servicers to expedite loan modifications for eligible borrowers who have missed three or more mortgage payments. (For more about Freddie Mac workout options, see freddiemac.com/avoiding_foreclosure.)

Freddie Mac was established by Congress in 1970 to provide liquidity, stability and affordability to the nation's residential mortgage markets. Freddie Mac supports communities across the nation by providing mortgage capital to lenders. Over the years, Freddie Mac has made home possible for one in six homebuyers and more than five million renters.

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Fannie Mae Extends Foreclosure Sale and Eviction Suspension

/PRNewswire-FirstCall/ -- Fannie Mae (NYSE:FNM) today announced that it would extend the suspension of foreclosure sales and evictions from single-family properties through January 31, 2009.

This action will enable the company to work with mortgage servicers to further implement the Streamlined Modification Program (SMP) announced on November 11, 2008 and initiated on December 15, 2008. The extension will also provide additional time for the company to operationalize its new National REO Rental Policy, which will allow renters in company-owned foreclosed properties to stay in their homes. Details of the new policy are expected to be announced shortly.

The temporary suspension of foreclosures will allow affected borrowers facing foreclosure to retain their homes while Fannie Mae works with mortgage servicers to implement the SMP. Foreclosure attorneys and loan servicers have been instructed to use the additional time to reach out to borrowers and continue to pursue workout options. The initiative applies to loans owned or securitized by Fannie Mae.

The SMP is aimed at the borrower who has missed three payments or more, owns and occupies the primary residence, and has not filed for bankruptcy. The program creates a fast-track method for getting troubled borrowers into an affordable monthly payment through a mix of reducing the mortgage interest rate, extending the life of the loan or even deferring payments on part of the principal. Servicers have flexibility in the approach, but the objective is to create a more affordable payment for borrowers at risk of foreclosure.

Fannie Mae's loan servicers are prepared to work with borrowers during this suspension period, even if previous workout efforts have been unsuccessful. As part of the company's "Second Look" initiative, Fannie Mae personnel have been reviewing seriously delinquent loans to determine if the borrower has been contacted and all workout options have been exhausted.

The streamlined modification program and temporary suspension of foreclosures are two of a series of steps Fannie Mae has taken to expand its foreclosure prevention efforts, which are designed to give loan servicers and foreclosure attorneys tools to find the best solution for a borrower in financial trouble. Fannie Mae and its many partners in the housing industry urge borrowers in financial difficulty to reach out to their loan servicers, regardless of whether they are facing imminent foreclosure. Solutions may be available that could make an existing mortgage more affordable.

Fannie Mae exists to expand affordable housing and bring global capital to local communities in order to serve the U.S. housing market. Fannie Mae has a federal charter and operates in America's secondary mortgage market to enhance the liquidity of the mortgage market by providing funds to mortgage bankers and other lenders so that they may lend to home buyers. Our job is to help those who house America.

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Freddie Mac Extends Suspension of Single Family Foreclosure Sales, Evictions Until January 31, 2009

/PRNewswire-FirstCall/ -- Freddie Mac (NYSE:FRE) today announced it is extending its suspension of all foreclosure sales and evictions involving occupied single family and 2-4 unit properties with Freddie Mac-owned mortgages through January 31, 2009. The suspension does not apply to vacant single family properties.

"Freddie Mac is committed to pursuing every responsible opportunity to reduce foreclosures and accelerate the return of stability to the U.S. housing market," said Freddie Mac Chief Executive Officer David M. Moffett. "Today's announcement will provide Freddie Mac and its servicers additional opportunities to help put more families on the path to stable homeownership."

The extension will also provide servicers with more time to help troubled borrowers find an alternative to foreclosure and implement the Streamlined Modification Program that went into operation on December 15, 2008. Developed by Freddie Mac, Fannie Mae, the Federal Housing Finance Agency (FHFA), HOPE Now and 27 mortgage servicers, the Streamlined Modification Program was designed to expedite loan modifications for eligible borrowers who have missed three or more mortgage payments.

Freddie Mac gives lenders servicing its mortgages broad authority to help troubled borrowers before they miss a payment through forbearance as well as provide permanent rate reductions, mortgage term extensions or other modifications to borrowers who are already delinquent. In 2008 Freddie Mac enabled three out of five of its delinquent borrowers avoid foreclosure. (For more about Freddie Mac workout options, see freddiemac.com)

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Foreclosure Prevention Hotline Helps Over 1 Million Homeowners

/PRNewswire-USNewswire/ -- The Homeownership Preservation Foundation (HPF) today announced that the Homeowner's HOPE(TM) Hotline (1-888-995-4673) received over 1,000,000 calls to date in 2008. An average of 87,000 calls was received each month, from January to November, this year.

The Homeowner's HOPE(TM) Hotline, provided by the Homeownership Preservation Foundation, is a national 24/7 hotline offering free, bilingual, personalized assistance to homeowners struggling to avoid foreclosure.

"That we have reached over 1 million homeowners in just one year is both staggering and humbling," stated Colleen Hernandez, President and Executive Director of the Homeownership Preservation Foundation. "It is exciting that the Hotline is available to help so many Americans struggling to hold onto their homes. However, I am also humbled by the reality of the current economic situation of our country, leaving yet many more that still need our help."

Almost 300,000 of those who called 1-888-995-HOPE(TM) in 2008 participated in counseling sessions. Counseling sessions connect homeowners with counselors at HUD-certified housing counseling agencies who listen to the details of a caller's difficult and sometimes complicated homeownership situation. Counselors guide callers through a thorough analysis of their financial situation, set goals for moving forward, develop a plan of action for accomplishing homeownership goals, and make a recommendation of the best options for each homeowner's unique situation. If appropriate and with the homeowners consent, Hotline counselors help to connect struggling homeowners with a dedicated team of servicers who will work through the caller's unique mortgage difficulties.

"When someone calls the Homeowner's HOPE Hotline, our goal is to leave him or her better off than before they reached out to us, to help them be more financially secure and to help them avoid foreclosure whenever possible," continued Hernandez. "We have a dedicated team of network partner agencies and Hotline counselors who work with thousands of callers each day to work through the details of their mortgage difficulties, connecting callers with local resources to assist them during difficult times. Our goal has always been to enable individuals and families to avoid foreclosure - and we are succeeding every day."

"A recent study performed by our network partner agency the CCCS Atlanta found that almost 70 percent of counseled homeowners had avoided foreclosure and remained in their homes one year after receiving counseling from the Homeowner's HOPE(TM) Hotline," stated Hernandez. "We have helped over 1 million people and will continue to be the resource to which struggling homeowners can turn."

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Data: Mortgage 'Foreclosure Prevention' Fixes Failing to Work, U.S. Home Foreclosure Toll Now Expected to Rise Even Higher to Eight Million

/PRNewswire-USNewswire/ -- Much hyped "foreclosure prevention programs" relying on voluntary loan modifications are failing to reach a significant number of troubled homeowners and are often backfiring when they do so, according to newly updated research released today by the National Association of Consumer Bankruptcy Attorneys (NACBA). The across-the-board failure of these much ballyhooed "fixes" for the foreclosure crisis are expected to result in the new President and Congress facing considerable new pressure to clear the way for court-supervised loan modifications that will prove more beneficial for homeowners.

The findings released today by NACBA come on the heels of a dire new projection from Credit Suisse that "over 8 million foreclosures (are now) expected" over the next four years in the U.S. That astounding level accounts for 16 percent of all mortgages -- including 59 percent of all subprime mortgages and more than 11 percent of all other mortgages, including Alt-A, options ARMS and even those in the prime category. This new forecast from Credit Suisse is up sharply from the two to six million foreclosure range cited in previous estimates from industry sources.

The new data presented today from Professor Alan White, Valparaiso University School of Law, Valparaiso, IN, is updated through November 2008 (http://www.hastingsgroup.com/Whiteupdate.pdf) and shows that:

-- Less than 10 percent of the time do the voluntary programs result in a
reduced principal loan balance with more than half of modifications
capitalizing unpaid interest and fees into larger and more drawn out
debt on the back end of the mortgage; and

-- Only about a third (35 percent) of voluntary mortgage modifications
reduce monthly payment burdens for homeowners, with nearly half (45
percent) actually saddling distressed homeowners with increased
payments under the modifications.


Just how badly are the voluntary modification programs flopping? To answer that question NACBA reviewed the publicly available data about the reach to date of the much-hyped programs. In one prominent case - the Hope for Homeowners Act FHA refinancing program passed by Congress with much fanfare earlier this year on the strength of forecasts that 400,000 homeowners would be aided - there have been only 312 applications to date -- and no mortgage modifications whatsoever have taken place. This is consistent with the most recent estimates from the National Association of Attorneys General that "nearly 8 out of 10 seriously delinquent homeowners are not on track for any loss mitigation outcome ... up from 7 in 10 in previous reports."

Henry Sommer, president, National Association of Consumer Bankruptcy Attorneys, Philadelphia PA., said: "Court-supervised loan modification is urgently needed to deal with this problem. We call on the incoming Obama administration and the new Congress to adopt this solution without delay. The American home mortgage foreclosure crisis has gone from the danger zone to the full-blown crisis stage. The number of foreclosures is growing rapidly and is reaching well beyond the subprime world to the American middle class. Despite a proliferation of voluntary programs, we are not seeing evidence of a meaningful number of sustainable loan modifications."

Professor Alan White, Valparaiso University School of Law, Valparaiso, IN, said: "American homeowners are carrying 10.5 trillion dollars in mortgage debt, a number that has risen by 250 percent in the past decade. While banks have written down more than half a trillion in mortgages and mortgage-related securities, homeowners have gotten little or no relief. A broad range of economists from Nouriel Roubini to Ben Bernanke to Martin Feldstein have recognized the need to deleverage the American homeowner. The excess mortgage debt is depressing home prices and consumer spending, and acting as a drag on the broader economy. Empirical evidence from mortgage servicer reports to investors shows that for the most part, the necessary deleveraging of homeowners is not happening."

Alys Cohen, staff attorney, National Consumer Law Center (NCLC), Washington, DC, said: "Sadly, the magnitude of the foreclosure crisis dwarfs the response to date from the financial services industry, regulators and lawmakers. The lack of aggressive and meaningful solutions from federal policymakers is baffling, particularly given that most economists, including the Chairman of the Federal Reserve Board and the Chair of the FDIC, have recognized that the financial crisis can be resolved by only by dealing with its root cause - the escalating millions of mortgage foreclosures ... The foreclosure crisis will not be resolved through voluntary efforts on the part of the financial services industry alone. Despite widespread efforts to encourage voluntary loan modifications, it is clear that the financial services industry has failed to implement a loan modification strategy on a scale that matches the urgent crisis we are facing. Bankruptcy courts must be empowered to implement economically rational loan modifications where the parties are unwilling or unable to do so on their own. Loan modifications through the bankruptcy courts can help accomplish this on a sufficient scale and timeframe to have a meaningful impact. Congress should lift the ban on judicial modification of primary residence mortgages, as part of the solution to stemming the tide of avoidable foreclosures and stabilizing the housing market and the broader economy. The need is urgent. The time for action is now."

When NACBA, NCLC, Consumer Federation of America (CFA) and the Center for Responsible Lending (CRL) called on Congress in April 2007 to move aggressively to stem the growing flood of home foreclosures, it was estimated that some 2 million homeowners were at risk of foreclosure. And, at the time, the financial services industry accused the organizations of being overly pessimistic about the likely toll of foreclosures. However, it turns out we were low-balling quite significantly the number of foreclosures.

As of September 2008, a full 1.2 million homeowners with subprime loans already had lost their homes to foreclosure. Another 1.7 million families with subprime loans are seriously delinquent and at risk of losing their homes in the very near future. Credit Suisse ("Foreclosure Update: Over 8 million foreclosures expected," December 2008) now estimates that 8.1 million mortgages will be in foreclosure over the next four years, representing 16 percent of all mortgages. Disturbingly, Credit Suisse finds that the problem has spread from subprime loans to Alt-A, option ARMs, and even prime loans.

FAILURE OF "FORECLOSURE PREVENTION PROGRAMS"

Bowing to the demands of the financial services industry that created the foreclosure crisis in the first place, every program put in place to prevent foreclosures has relied on the voluntary cooperation of mortgage servicers who handle the mortgages that, in most cases, are owned by securitized trusts that have issued bonds to investors. It is painfully obvious that these voluntary programs have failed to stem the tide of foreclosures. The few successful attempts at mortgage modification, such as the FDIC efforts with IndyMac, have largely dealt with those rare mortgages that are still owned by a single lender, rather than securitized loans.

Voluntary programs are failing for a variety of reasons that cannot be changed without action by the Obama Administration and new Congress:

-- Multiple owners make voluntary modification impossible. Many borrowers
and even their servicers simply cannot locate the holders of the
mortgage to negotiate with, or there are multiple owners all of whom
would have to agree to modification; the loans have been sliced and
diced so many times that all of the owners cannot be found and brought
into the process.

-- Fear of investor lawsuits blocks voluntary modifications. The servicer
has obligations to the investors who have purchased the
mortgage-backed securities through pooling and servicing contracts,
and the interests of these investors conflict. Servicers are hesitant
to modify the loans because they are concerned that it will impact
different tranches of the security differently, and thereby raise the
risk of investor lawsuits when one or more tranche loses potential
income. At least one servicer has already been sued. Under the
current system, the legally safest course for the servicer clearly is
foreclosure.

-- Piggyback seconds block voluntary modifications. Perhaps the most
intractable problem is the fact that a third to a half of all 2006
subprime borrowers took out piggyback second mortgages on their homes
at the same time they took out their first mortgages. In these cases,
the holders of the first mortgages have no incentive to provide
modifications that would free up borrower resources to make payments
on the second mortgages. At the same time, the holders of the second
mortgages have no incentive to support effective modifications by
waiving their rights, which would likely cause them to face a 100
percent loss. The holders of the second mortgages are better off
waiting to see if a borrower can make a few payments before
foreclosure.

-- Overwhelmed servicers are not set up to negotiate modifications.
Hundreds of thousands of borrowers are asking for relief from
organizations that traditionally have had a "collections" mentality of
trying to foreclose as quickly as possible. They know how to
foreclose, and the foreclosure process has been increasingly automated
to maximize the fees the servicers receive. Many receive no extra
compensation for working on modifications. These servicers are not
disposed to postponing foreclosure or equipped to handle case-by-case
negotiations. Many also have monetary incentives to foreclose rather
than modify.


In practice, these roadblocks - all of which were warned of months ago by NACBA and other groups - have resulted in gridlock in the voluntary modification programs. Consider these examples:

-- Hope for Homeowners Act -- This law, passed with much fanfare last
spring, provides an FHA refinancing if the servicer agrees to accept
slightly less than the value of the home in satisfaction of the debt.
The thought was that servicers would agree to accept less than 100%
payment if that payment was guaranteed by the government. It was
expected that the program would help 400,000 homeowners but since it
opened in October, fewer than 312 people have applied for the program
and no loans have been modified. The result? As Credit Suisse notes
in its December 2008 report: "While loan modifications and similar
interventions (such as the Hope for Homeowners FHA refinancing
program) could help to reduce the march of foreclosures, the
proliferation of generally timid loan mod programs with confusing loan
features raises significant doubt as to whether the current loan mod
momentum is sufficient to reduce foreclosures materially ... modified
loans remain a small percentage of delinquent loans and loans in
foreclosure, even though servicers have ramped up their efforts in
recent months."

-- Hope Now -- This voluntary effort by the industry, promoted by the
Administration, has produced more public relations than real results.
Homeowners have great difficulties getting answers because the
services do not have adequate staff to deal with requests. When some
accommodation is reached, servicers virtually never reduce loan
principal and often enter into repayment agreements that do not even
reduce loan payments. Studies have shown that most of the workouts
negotiated through Hope Now provide at best temporary short-term
relief from foreclosure, and in a large percentage of cases, the
homeowner cannot keep up with payments because the agreement does not
adequately modify the loan. As of September 2008, Hope Now worked out
loan modifications resulting in lower monthly payments for 266,087
homeowners; loan modifications with the same or HIGHER monthly
payments for 226,667 families; and 780,000 short term repayment plans.

-- FDIC/IndyMac - This effort covers 65,000 borrowers who are more than
two months delinquent on their mortgage, but doesn't reduce the
outstanding debt in any meaningful way and therefore has not attracted
much interest. So far, 7,200 homeowners have modified their loans
under this program. And, after a two-month moratorium on foreclosures
pending the modification program, IndyMac foreclosures in November
skyrocketed 242 percent from October, according to Mark Hanson of the
Field Check Group.


Most recently, FDIC Chairwoman Bair has proposed a program that would, like Hope for Homeowners, provide government guarantees as a carrot to entice servicers to make modifications of interest rates and defer principal payments under a formula based on the debtor's ability to pay. If the payments are modified by at least 10 percent, (but only for five years) the government would guarantee 50 percent of the loan losses. The Treasury Department noted that this program could actually give servicers an incentive to make minimal modifications and then foreclose to collect the guarantees.

While NACBA applauds FDIC Chair Bair's commitment to homeowners, it fears that, other than in cases where a planned foreclosure would be more lucrative for the servicer, this program also would have few takers. It is likely that, for all the same reasons plaguing existing programs, servicers would be unwilling to make meaningful modifications of most loans voluntarily. Moreover, the program does nothing to deal with the problem of piggyback second mortgages, often the riskiest loans given by the most irresponsible lenders. Holders of second mortgages can block the modification of the first mortgage, even though the second mortgage typically would be wiped out in a foreclosure sale. Absent reductions in principal, the program will neither sufficiently reduce payments nor prevent later foreclosures when homeowners need to move or cannot refinance to resolve a financial problem. As even Federal Reserve Board Chairman Bernanke has noted, "With low or negative equity ... a stressed borrower has less ability (because there is no home equity to tap) and less financial incentive to try to remain in the home." At best, the Bair proposal would help only a small number of homeowners and, in most cases, only postpone the foreclosure problem - at considerable expense to taxpayers.

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Foreclosure Activity Decreases 7 Percent in November According to RealtyTrac(R) U.S. Foreclosure Market Report

GHRE Note: Georgia ranks sixth in foreclosures.

/PRNewswire/ -- RealtyTrac(R) (www.realtytrac.com), the leading online marketplace for foreclosure properties, today released its November 2008 U.S. Foreclosure Market Report(TM), which shows foreclosure filings -- default notices, auction sale notices and bank repossessions -- were reported on 259,085 U.S. properties during the month, a 7 percent decrease from the previous month but still up 28 percent from November 2007. The report also shows one in every 488 U.S. housing units received a foreclosure filing in November.

RealtyTrac publishes the largest and most comprehensive national database of foreclosure and bank-owned properties, with over 1.5 million properties from over 2,200 counties across the country, and is the foreclosure data provider to MSN Real Estate, Yahoo! Real Estate and The Wall Street Journal's Real Estate Journal.

"Foreclosure activity in November hit the lowest level we've seen since June thanks in part to recently enacted laws that have extended the foreclosure process in some states, along with more aggressive loan modification programs and self-imposed holiday foreclosure moratoriums introduced by some lenders," said James J. Saccacio, chief executive officer of RealtyTrac. "There are several indications, however, that this lower activity is simply a temporary lull before another foreclosure storm hits in the coming months.

"Delinquencies on loans not yet in the foreclosure process jumped to nearly 7 percent in the third quarter, a record high, according to the Mortgage Bankers Association," Saccacio continued. "And more than half of the homeowners who received loan modifications to reduce monthly mortgage payments in the first half of 2008 are already delinquent on their loans again, according to the U.S. Office of Thrift Supervision. Many of these delinquencies could turn into foreclosures next year."

Nevada, Florida, Arizona post top state foreclosure rates

Nevada foreclosure activity in November decreased nearly 4 percent from the previous month, but the state maintained the nation's No. 1 foreclosure rate, with one in every 76 housing units receiving a foreclosure filing during the month -- more than six times the national average. Foreclosure filings were reported on 13,962 Nevada properties, up 109 percent from November 2007.

Florida foreclosure activity in November was also down from the previous month, but the state's foreclosure rate moved up to the No. 2 spot thanks to an even bigger monthly decrease in Arizona. One in every 173 Florida housing units received a foreclosure filing during the month, nearly three times the national average.

With one in every 198 housing units receiving a foreclosure filing, Arizona posted the nation's third highest foreclosure rate in November despite a nearly 25 percent decrease in foreclosure activity from the previous month. Foreclosure filings were reported on 13,136 Arizona properties during the month, up nearly 128 percent from November 2008.

Other states with foreclosure rates ranking among the top 10 were California, Michigan, Georgia, Ohio, Colorado, Utah and Idaho.

California, Florida, Michigan post highest foreclosure totals

Foreclosure filings were reported on 60,491 California properties in November, the most of any state and a 6 percent increase from the previous month following two consecutive monthly decreases. The state's foreclosure activity was up 51 percent from November 2007, and one in every 218 housing units received a foreclosure filing during the month -- more than twice the national average.

Despite a 9 percent decrease in foreclosure activity from the previous month, Florida continued to post the nation's second highest number of properties with foreclosure filings -- 49,190. The state's foreclosure activity was still up 68 percent from November 2007.

Michigan foreclosure activity in November increased 28 percent from the previous month, giving the state 14,594 properties with foreclosure filings during the month -- the nation's third highest state total. Michigan's foreclosure activity was up 27 percent from November 2007, and the state's foreclosure rate ranked fifth highest in the nation for the month.

Nevada, Arizona, Ohio, Georgia, Illinois, Texas and Virginia also reported foreclosure totals that were among the nation's 10 highest.

California and Florida cities account for nine of Top 10 metro foreclosure rates

With one in every 59 housing units receiving a foreclosure filing in November, Cape Coral-Fort Myers, Fla., posted the highest metropolitan foreclosure rate among the 230 metro areas tracked in the report. Two other Florida cities ranked among the top 10 in terms of foreclosure rate: Fort Lauderdale at No. 7, with one in every 117 housing units receiving a foreclosure filing; and Port Lucie-Fort Pierce at No. 8, with one in every 118 housing units receiving a foreclosure filing.

Las Vegas was the only city not in Florida or California with a foreclosure rate that ranked among the top 10. One in every 61 Las Vegas housing units received a foreclosure filing in November, the second highest metro foreclosure rate.

California accounted for the remainder of the top 10 metro foreclosure rates. Merced was at No. 3, with one in every 76 housing units receiving a foreclosure filing; Modesto was at No. 4, with one in every 93 housing units receiving a foreclosure filing; Stockton was at No. 5, with one in every 94 housing units receiving a foreclosure filing; Riverside-San Bernardino was at No. 6, with one in every 107 housing units receiving a foreclosure filing; Bakersfield was at No. 9, with one in every 129 housing units receiving a foreclosure filing; and Vallejo-Fairfield was at No. 10, with one in every 133 housing units receiving a foreclosure filing.

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Fannie Mae Provides New Servicer Flexibility to Help Borrowers Avoid Foreclosure

/PRNewswire-FirstCall/ -- Fannie Mae (NYSE:FNM) announced a series of actions designed to help borrowers and loan servicers address potential mortgage problems and prevent unnecessary home foreclosures among the more than 18 million single-family loans owned or guaranteed by Fannie Mae.

Fannie Mae said the actions are designed to build on and complement the recently announced streamlined loan modification program (SMP) that targets borrowers who have missed three full payments and meet certain other criteria. The steps announced today are meant to reach borrowers earlier with foreclosure prevention options, and include:

-- Specific direction to servicers to provide foreclosure prevention
assistance as soon as a borrower demonstrates the need for help --
even if a borrower is current but default is reasonably foreseeable.
-- Fannie Mae's new Early Workout program allowing servicers, in one
step, to pre-negotiate a loan modification that becomes effective and
permanent only after an initial trial period. The Early Workout
process can begin as soon as a borrower demonstrates the need for a
modification -- even if a borrower is current but a default is
reasonably foreseeable.
-- Doubling of the maximum forbearance and repayment plan periods for
most loans to borrowers in need of loan workouts.
-- A new 2009 Single-Family Master Trust Agreement and servicer guidance
that give Fannie Mae servicers the flexibility to remove a loan from
an MBS pool once the loan is one month delinquent for the purpose of a
loan modification. This applies only to loans backing securities
issued on or after January 1, 2009. Trust agreements for pools issued
before that date do not allow for this flexibility, but as described
above, Early Workout gives servicers the tools necessary to address
problem loans as early as necessary, regardless of MBS pool date.



These policy changes will enable Fannie Mae servicers to provide a uniform, consistent set of foreclosure prevention options for borrowers who demonstrate the need for help, whether a loan is owned by Fannie Mae or is included in a securitized Fannie Mae MBS pool.

"A borrower's best chance of avoiding foreclosure is to get help as quickly and efficiently as possible," said Herb Allison, president and chief executive officer of Fannie Mae. "These changes to our servicing policies are intended to remove administrative obstacles so that Fannie Mae borrowers can get the help they need and avoid foreclosure. It is important that all who have a stake in the recovery of the U.S. housing market -- including borrowers, investors and lenders -- work together to help limit foreclosures, which have both economic and human costs to communities across America. Investors in our MBS will continue to be entitled to receive the payments due on their investments, while Fannie Mae and servicers will have more tools to manage the risk of foreclosure during these unprecedented times."

These steps are the latest in a series of recent actions Fannie Mae has taken to help minimize home foreclosures. Fannie Mae is working with the Federal Housing Finance Agency and 27 lenders and servicers in the HOPE NOW alliance to launch SMP by December 15. Additionally, the company has directed servicers to suspend foreclosure sales and the completion of evictions on occupied single-family properties through January 9, 2009.

Today's announcements are more fully explained below.

New Servicer Guidance

Previously, Fannie Mae's foreclosure prevention efforts have generally been made available to a borrower only after a delinquency occurs. Under Fannie Mae's new guidance, loan servicers can and should use foreclosure prevention tools to assist distressed borrowers when a borrower demonstrates the need. As noted above, these guidelines apply to borrowers who are still current in their payments but whose default is reasonably foreseeable. This new guidance is effective immediately.

Early Workout(TM) Program

Under Fannie Mae's existing single-family workout practices, a borrower must sign documents to initiate a trial workout period during which time the servicer agrees to forbear from taking action against the borrower. When the trial workout period is over, the borrower must execute a new agreement to convert the workout to a permanent modification. Under Fannie Mae's Early Workout program, the borrower will sign a single document at the beginning of the process to establish a new monthly payment during a trial period. If the borrower successfully makes the new payments during the trial period, the workout will convert to a permanent modification. The Early Workout program can be used if a delinquency has either occurred or is confirmed to be reasonably foreseeable.

The Early Workout program adds to the efforts underway through the SMP, which will be the subject of a separate announcement to be released prior to the December 15, 2008 SMP implementation date. A modification under the SMP will be proactively offered to borrowers who have missed three payments and whose loans and financial conditions meet certain pre-set criteria. The Early Workout is an option available for any troubled Fannie Mae loan, regardless of delinquency status, when the borrower qualifies under our servicing guidelines. The terms of an Early Workout will depend on the servicer's assessment of an individual borrower's situation.

Longer Forbearance and Repayment Plan Periods

Servicers will now be able to offer forbearance and repayment plan arrangements for longer periods to most single-family borrowers. Whenever allowed by our MBS Trust documents, the maximum period of forbearance (when a borrower's payments are suspended or reduced) has been increased for most mortgages from 6 months to 12 months. Additionally, the maximum length of a repayment plan (when a borrower makes additional payments over an extended period to bring a loan current) has been increased for most mortgages from 18 months to 36 months, including any periods of forbearance.

New and Amended MBS Trust Documents

In connection with these changes, Fannie Mae issued a new 2009 Single-Family Master Trust Agreement, an Amended and Restated 2007 Single-Family Master Trust Agreement, a new Single-Family base Prospectus, and updates to its servicing guidelines.

Fannie Mae's MBS Trust agreements generally require that the servicer of an MBS mortgage loan remove the mortgage loan from the related MBS pool prior to modifying a loan. Generally, to facilitate a loan modification and avoid a foreclosure, servicers may request that Fannie Mae remove a loan from its MBS pool at any time after the loan has been in default for at least four consecutive monthly payments without a full cure of the delinquency.

The 2009 Single-Family Master Trust Agreement (MBS issued on or after January 1, 2009) and servicer guidance gives Fannie Mae servicers the flexibility, in extraordinary circumstances, to remove a loan from an MBS pool once the loan is one month delinquent for the purpose of a loan modification.

The MBS Trust documents, as well as the associated Single-Family base Prospectus that becomes effective January 1, 2009, have been posted online at:

Trust Documents: http://www.fanniemae.com/mbs/documents/mbs/trustindentures/index.jhtml?p=Mortg age-Backed+Securities&s=Prospectuses+%26+Related+Documents&t=MBS&q=Trust+Docum ents

Prospectus: http://www.fanniemae.com/mbs/documents/mbs/prospectus/index.jhtml?p=Mortgage-B acked+Securities&s=Prospectuses+%26+Related+Documents&t=MBS&q=Prospectuses

Investors should refer to the Trust agreements and the new base Prospectus for more detailed information. The current issue of MBSenger(R) also provides an overview of the changes described in this release.

Fannie Mae exists to expand affordable housing and bring global capital to local communities in order to serve the U.S. housing market. Fannie Mae has a federal charter and operates in America's secondary mortgage market to enhance the liquidity of the mortgage market by providing funds to mortgage bankers and other lenders so that they may lend to home buyers. In 2008, we mark our 70th year of service to America's housing market. Our job is to help those who house America.

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Two-Thirds of Struggling Homeowners Meet Key Criteria for Housing Bill Relief, According to Survey by CCCS of Greater Atlanta

PRNewswire/ -- Almost two-thirds of homeowners who called Consumer Credit Counseling Service (CCCS) of Greater Atlanta for foreclosure prevention counseling in recent months appear to meet the threshold requirements for relief under the new federal housing bill that took effect Oct. 1, according to a recent survey of those homeowners.

Of 591 people surveyed in late September, 381 of them, or 64.6 percent, said they met five key eligibility criteria for the mortgage refinancing program.

On July 30, President Bush signed the Housing and Economic Recovery Act of 2008. The law created a new program called Hope for Homeowners intended to help families save their homes from foreclosure. Mortgage lenders participating in the program can allow "at risk" borrowers to refinance their current mortgage into a new fixed-rate loan insured by the FHA. Lenders' participation in the program is voluntary.

"Our survey results indicate this new FHA program holds the potential to help a large number of Americans struggling to pay their mortgage," said Suzanne Boas, president of CCCS of Greater Atlanta. "Not everyone will be able to meet the terms. But if someone meets the basic criteria laid out in the housing bill, it would be worth a phone call to their lender to ask about the FHA program."

Homeowners must meet several requirements to be considered for the program. People who called CCCS of Greater Atlanta in July and August trying to avoid foreclosure were surveyed about these requirements by email from Sept. 19-23.

To be counted among the 64.6 percent of survey takers who appear to meet the threshold criteria, people needed to indicate that they live in the home with the problem mortgage; their mortgage was originated before January 2008; they didn't have an existing home equity line or other second mortgage; they did not own another home and they spend at least 31 percent of their gross monthly income on mortgage debt.

From those surveyed, the top challenge to participation in the FHA program is paying off a home equity loan or second mortgage. Thirty-five percent of respondents reported that their home secures more than one loan.

A second mortgage or home equity loan must be paid before a homeowner can qualify for the refinance program. It is possible to pay off the second mortgage through proceeds from the new FHA loan. That could be difficult if the first and second mortgage are held by different lenders because only the primary loan qualifies for the FHA program.

Also, nearly 20 percent of respondents say they don't spend at least 31 percent of their gross monthly income on their mortgage -- a threshold required by the FHA refinance program.

Borrowers who qualify for the FHA program are responsible for paying loan origination fees, as well as an insurance premium to FHA equal to 1.5 percent of the principal annually.

There are several other conditions:

-- The borrower must certify there was no misrepresentation in their application for the existing loan.

-- The borrower must agree to share both initial equity and future appreciation with The U.S. Housing and Urban Development Department (HUD).

-- The equity sharing agreement provides that if the house is sold within the first year, 100 percent of the initial equity (generally 10 percent of the value of the property at origination) will go to FHA. After 1 year, FHA is entitled to 90 percent of the initial equity. The percentage keeps dropping in 10 percent increments to 50 percent after the fifth year, where it stays.

-- In addition to the initial equity which is a fixed amount, 50 percent of any future appreciation of the property must be paid to HUD when the property is sold.

-- The FHA loan will be a 30-year fixed rate mortgage and may not exceed 90 percent of the current appraised value of the property. An additional 3 percent mortgage insurance premium will be financed in the mortgage making the initial loan to value 87 percent.

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