Volume 83 • March 2010

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ANNOUNCEMENTS

Update on making home affordable

GUEST EDITORIAL By Jacqueline J. Buyze, Esq.

We all have some level of familiarity with the Obama Administration’s Home Affordable Modification Program (“HAMP”), created to help struggling homeowners avoid foreclosure by reducing monthly payments to make the mortgage more affordable and sustainable over time. It was a hot topic of discussion even before the initial guidelines were published in March 2009. HAMP has since evolved and expanded, adding two (2) new programs that are available now and will become mandatory effective April 5, 2010. The new programs, Home Affordable Foreclosure Alternatives (“HAFA”) and the Second Lien Mortgage Modi-fication Program (“2MP”), are intended to offer more comprehensive workable solutions. These programs are mandatory for loans that are owned, securitized or guaranteed by Fannie Mae or Freddie Mac (“GSE-mortgages”). Participation is voluntary by agreement for non-GSE mortgages.

HAFA seeks to address issues that frequently arise in short-sale and deed-in-lieu transac-tions. It offers form documents and strict time requirements to create a stream-lined stan-dardized process. HAFA follows HAMP, so the borrower must meet basic HAMP eligibility criteria1 and be first evaluated for modification. Servicers then have 30 days to consider eligible borrowers for HAFA. Time commences from the day a borrower: 1) does not qualify for modification; 2) defaults during a trial modification period; 3) becomes delinquent after permanent modification on at least two consecutive payments; or 4) requests a short sale or deed-in-lieu. Effective April 5, participating servicers must offer HAFA to eligible bor-rowers before proceeding to foreclosure.

HAFA, like HAMP, includes monetary incentives for borrowers, servicers and investors. The program prohibits servicers from charging the borrower administrative/processing fees, or requiring a borrower to contribute funds as a condition of the agreement. However, when transactions are not completed servicers may add these costs to the outstanding debt. They may also require borrowers to waive reimbursement of any remaining escrow, buy-down funds or prepaid items, and assign any insurance proceeds to the investor. Those funds will NOT be applied to reduce the total net proceeds from the sale. Note also that Supple-mental Directives provide no information regarding penalties for non-compliance and the servicer has the right to terminate any agreement upon the occurrence of certain events.

2MP was designed to work in tandem with HAMP and addresses issues pertaining to sec-ond mortgages. The first lien must have been modified under HAMP and second lien must be serviced by a 2MP participant. The 2MP servicer must offer either: 1) to modify the second lien in accordance with defined protocol; or 2) accept a lump sum payment from the Treasury in full satisfaction of the second lien. 2MP servicers will rely on the financial information previously provided by the borrower under HAMP without additional evalu-ation. Accordingly, the borrower must consent to share previously provided information with the 2MP lender.

Learn more about program guidelines and details for HAMP, HAFA and 2MP by reviewing servicer documents and Supplemental Directives at www.HMPAdmin.com.

Jacqueline J. Buyze is a Florida licensed attorney, a Supreme Court certified mediator and a state-qualified arbitrator. She is a working member of the Collier County Foreclosure Task Force and Chair of its Mediation Committee. Ms. Buyze handles most civil disputes with emphasis on construction, business and real estate matters. Jacqueline Buyze Mediation, Inc. presently provides pre-suit, post-judgment and court-ordered services throughout the State of Florida.

1 See Supplemental Directives 09-09 and 10-01forHAMPeligibilitycriteria.EligibleborrowersmustbeconsideredforHAMPbeforeHAFAwillbeoffered.

Adverse Witness, March 2010 Page 17

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Paralegal Services ..................................................................................Page 19Home Nursing Services .........................................................................Page 19Workers Compensation Law ...............................................................Page 19Estate Planning Malpractice ...............................................................Page 20Mortgage Audits ....................................................................................Page 20Long Term Care Insurance ...................................................................Page 21Forensic Psychology ............................................................................ Page 22Legal Research ....................................................................................... Page 22Education ................................................................................................. Page 22Patent & Trademark Law ..................................................................... Page 22Employment Law ................................................................................... Page 23Mediation/Arbitration ....................................................................Page 23, 26Wealth Management .............................................................................Page 24Office Space ........................................................................................... Page 25Computer Support ................................................................................Page 28

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