HAMP Tier 2

HAMP Tier 2

HCA – June 5, 2012

Prepared by Bob Lukens, Philadelphia Legal Assistance

HAMP Tier 1 - Refresher

Threshold = 31% of PITI Incremental reduction in interest rate

2% floor and step-up after 5 years Extend term incrementally - up to 40 years Principal reduction / deferment NPV test (positive, must mod; negative, may

mod)


HAMP Tier 2

Except Fannie, Freddie, VA, and FHA loans 4.625% fixed; 40 year term

Freddie Mac Primary + 50 basis points http://www.freddiemac.com/singlefamily/service/standardmodrate.html

Revised NPV test https://www.checkmynpv.com/calculator Post-modification DTI between 25% and 42% Modified P&I at least 10% lower than pre-mod P&I

HAMP 1 defaults, P&I at least 10% of HAMP 1 Principal forbearance for LTV > 115%


Eligibility

Failed Tier 1 Income > 31% of current PITI Negative NPV Defaulted on Tier 1 trial plan Defaulted on Tier 1 permanent mod

12 months lapsed since last payment or change in circumstances


Getting Tier 1 Defaults Reviewed

upon receipt of a Tier 2 app, a servicer must evaluate for Tier 2 any borrower who previously defaulted on Tier 1 trial plan

Servicers not required to solicit Tier 2 app from any borrower who defaulted on Tier 1


NPV Negs.

If Tier 1 trial plan was based on NPV, servicer must complete new NPV analysis using borrower’s income documentation used from Tier 1 evaluation


Process Capitalize accrued interest, escrow advances to third parties,

and any required escrow advances that will be paid to third parties by the servicer during the trial period plan as well those advances made for costs and expenses incurred in performing servicing obligations

Principal Forbearance. If the loan’s pre-mod mark-to-market loan to value (LTV)

ratio is >115%, NPV 5.0 calculates principal forbearance in an amount equal to the lesser of

(i) an amount that would create a post-mod LTV ratio of 115% using the interest bearing principal balance or

(ii) an amount equal to 30% of the post-modified UPB of the mortgage loan (inclusive of capitalized arrearages)

No excessive forbearance limit Borrower’s post-modification DTI must be > 25% and < 42% Modified P&I must be at least 10% lower than pre-mod P&I


Rental

max 3 of 5 properties may be modified no “imminent default” rule

must be actual default of 2 months currently rented or vacant

may be occupied by other family, not by co-borrowers


Foreclosure

When evaluating borrower for HAMP Tier 2 after default on Tier 1 trial plan, the servicer cannot refer for foreclosure or conduct foreclosure sale until evaluation is completed


Investor Conflicts If capitalization not permitted, forgive amount to be capitalized or establish a

noninterest bearing balloon payment equal to that amount. If note rate not permitted to be modified below a certain value,

Tier 1, adjust to the greater of the restriction rate or the rate required to achieve the target monthly PITI

Tier 2, adjust to the greater of the restriction rate or the Tier 2 rate. If note rate not permitted to be permanently modified,

Tier 1, adjust to rate required for target monthly payment for the maximum period allowed by investor and step up to the note rate

Tier 2, convert rate to a fixed rate and move to the next step If the investor does not permit an adjustable rate to be converted to a fixed rate,

the loan is not eligible for HAMP modification in either Tier If a term extension is limited or not permitted, extend the term as far as

allowable and/or re-amortize the remaining term. If the current remaining term of the loan is greater than 480 months, skip the

term extension step.


Denial Notices

If both Tier 1 and Tier 2, notice provides Tier 2 denial reason

Does not meet 10% P&I reduction, notice = “Insufficient Monthly Payment Reduction”

DTI less than 25% or greater than 42%, notice = “Post-Modification DTI Outside Acceptable Range”

NPV negative for both Tiers, notice must cite “NPV Negative Result” and NPV inputs


Unemployment

Eliminated 31% threshold (no PITI limitation) Rental or vacant property eligible for UP If Tier 1 trial default, UP permitted and Tier 1

or Tier 2 are options when re-employed If Tier 1 mod default, then only Tier 2 is

available


Servicing Transfer

assigned servicer must assume the assignor’s obligations under the SPA for any eligible loan

“Eligible Loan” means 60 days or more delinquent and otherwise eligible for one of the MHA programs at the time of transfer or assignment


HAMP Tier 2

Documents

Transcript of HAMP Tier 2