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Shaggy Rogers

Homeowners tell of battling firms to modify their loans

BEE WASHINGTON BUREAU                       
last updated: March 29, 2008 04:41:07 AM

WASHINGTON -- In the nearly four months since Treasury Secretary Henry Paulson challenged mortgage lenders to modify distressed home loans voluntarily to ease record numbers of foreclosures, it remains difficult to gauge the program's success.

McClatchy Newspapers followed several homeowners as they worked with and sometimes battled lenders and loan collectors during the mortgage modification process, called Hope Now.

These homeowners got their loan problems fixed, temporarily or permanently, but the process was arduous and varied.

Some got stays from foreclosure, while others merely saw the threat pushed into the future. For many, the value of their loans didn't drop and remained larger than the value of their homes.

"You have to fight for your house. If you are in my situation, you have to be persistent and do everything you can imagine," said Chris Jennings, a homeowner in Shasta Lake, a Northern California town not far from the Oregon border.

An antiques dealer without a fixed income, Jennings had refinanced his home two years ago with an adjustable-rate loan that was about to reset Feb. 15, adding $440 to his monthly payment. He'd assumed, like many other Americans, that he'd be able to refinance again when the time came for rates to change. His house was appraised at $225,000 in 2005, but nearby foreclosed properties now sell for $191,000 or less.

Jennings reached out in December to Litton Loan Servicing, a Houston company that collects his mortgage payments for holders of mortgage bonds. Banks rarely keep home loans on their books, instead selling them into a secondary market where they're pooled and sold as mortgage bonds. Loan servicers collect mortgage payments, which then serve as the return on investment in mortgage bonds.

Litton told Jennings he didn't qualify for a modification, even though he mentioned the Hope Now effort that had been launched Dec. 6, just days before his call.

Less than two weeks later, he tried again and was told that he'd be considered. He then waited for weeks as his Feb. 15 deadline moved closer. Already struggling to make his regular mortgage payments, he pulled cash from his credit cards and borrowed from friends to stay current on his loan.

Litton alternately told him that a modification looked probable, then improbable. The turning point came, Jennings said, when he threatened to hand over the keys to his home. Soon afterward, Litton gave him a 30-year fixed-rate mortgage at 7.1 percent. The new loan knocked $200 off his monthly payment.

"It certainly wasn't for my benefit. They researched it well enough to know that if they'd foreclosed it, it would sit for a year or two with no income coming in," Jennings said.

He agreed to allow McClatchy to follow his negotiations, and Litton was told that a reporter was covering his case.

Litton increased staffing

Donna Marie Jendritza, Litton's public relations manager, said the industry initially struggled "to turn a big ship" because of the massive increase in requests for help from borrowers.

To cope, Litton increased its staffing for loss mitigation, the industry term for loan modification, by 150 percent last year, she said.

Litton is one of 10 lenders sending loss mitigation specialists to Modesto today for a foreclosure prevention workshop. Those lenders will meet face to face with homeowners to discuss options for modifying loans and avoiding foreclosure.

Today's 9 a.m. to 3 p.m. event will be at Modesto Centre Plaza, 1000 K St. Homeowners who are having trouble paying their mortgage are invited to bring their loan documents and financial information to the free event.

Specially trained housing counselors will be available to discuss credit problems and mortgage options.

In addition to Litton, lenders attending are Bank of America, Carrington Mortgage Services, Countrywide, Indymac, Option One, Wachovia, Washington Mutual, Wells Fargo and Wilshire Credit Corp.

Litton is expected to send eight representatives.

Jendritza said Litton services more than 340,000 home loans nationwide and is modifying about 3,000 loans a month, most of them involving permanent changes to the loans.

Those permanent modifications are important but hard to verify.

Among the chief complaints about Hope Now is a lack of transparent data. Even Federal Reserve Chairman Ben Bernanke has said that he can't get reliable data on loan modifications.

At the time of its creation, Hope Now sought to modify up to 1.2 million adjustable-rate mortgages issued to subprime borrowers, those with the weakest credit. In a statement March 3 on its Web site, operated by mortgage-industry players, Hope Now said that more than 1 million homeowners had received loan workouts since July.

That just muddied the waters. It included a period well before Hope Now began and didn't distinguish among one-month payment deferrals, temporary freezes on adjustable rates and modifications into fixed-rate loans.

McClatchy also closely followed another borrower, in this case without revealing to the lender that a reporter was watching.

Julie Mickley and her husband bought their home 12 years ago in Tracy and refinanced two years ago at the urging of a mortgage broker, who they wrongly assumed had a duty to serve them and not the lender.

Better disclosure coming?

Interest-only loans have low initial rates, and during that period the payments go toward interest, not principal. In the Mickleys' case, a higher rate kicked in after 24 months, along with a first payment of principal. Together, that added $1,200 to their payments.

Mickley, 48, said the broker never fully explained that the loan's rate would adjust, and she acknowledged that she didn't read the complicated contract closely enough. New federal proposals expected to pass this year would force clearer disclosure of payment increases at the time that a loan is agreed to.

Interest-only loans usually are for borrowers who don't plan on living in areas long and can count on home prices to keep appreciating.

Unfortunately for the Mickleys, Julie was planning to stay and home prices plunged. They were upside down on their loan, owing about $120,000 more than the house was worth.

To make matters worse, the required uptick in monthly payments was substantial. When they paid only the interest on the loan, their monthly payment was $2,800. After the first adjustment, when the rate rose from 6.5 percent to 8.5 percent and principal was included, the payment jumped to $4,011. In March, the loan terms were to change again and the monthly payment would have been $4,354.

"It's a double whammy. Not only can you not refinance and get yourself straight ... but you're stuck with an adjustable-rate mortgage," said Julie Mickley, a manager for a telecommunications firm.

Battled loan server for months

For months, she battled loan servicer EMC Mortgage, owned by investment bank Bear Stearns. When she began calling about a loan modification last fall, unable to refinance, she was treated rudely, she said, sometimes left on hold for hours at a time.

Mickley was asked to document all their expenses, then was told that they could afford the mortgage because there was $250 left every month after expenses.

"When you take into consideration where we live, $250, anything from a vet visit to a birthday party (would eat that up) ... it would basically make us a prisoner in our home," she said.

Mickley grew so angry that she sent a certified letter of complaint to the chief financial officer of Bear Stearns. Around Christmastime, just after Hope Now began, she got a call back and was told that her loan rate would be frozen at the starter rate of 6.5 percent for five years.

Even then, she was instructed to skip her January payment, which technically made her a delinquent borrower. She could never talk to the same person twice and constantly had to start conversations from scratch.

"It actually put us into a spot where we looked at the house and said, 'Is it worth it,' because of what they were putting us through," Mickley said. She added that it took until late January before their temporary fix was finalized. "They handled all of the paperwork poorly, but by the time we got to the official documents, I was too beat up to argue."

EMC Mortgage declined to discuss her case, citing privacy restrictions.

Bee staff writer J.N. Sbranti contributed to this report.

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