Houston Chronicle

Bill has an unintended setback for mortgage payers

- By Joe Light and Shahien Nasiripour

U.S. homeowners hurt by the coronaviru­s were told that they could delay their mortgage payments without facing consequenc­es. Now, some are learning they’re at risk of being shut out of the housing market.

The hastily drafted $2.2 trillion stimulus bill that Congress passed in March allowed borrowers with government-backed loans to postpone payments for as long as 12 months if they’re dealing with financial hardships stemming from the pandemic. It even specified that mortgage companies must report homeowners in forbearanc­e as being “current” on payments, thus preventing any damage to their credit scores.

But the law didn’t address longstandi­ng policies that restrict consumers from getting new loans for a year after their forbearanc­es end. For instance, Fannie Mae and Freddie Mac, the government-controlled companies that facilitate nearly half of U.S. home lending, won’t buy such mortgages.

Some borrowers who took advantage of the relief that lawmakers provided are now being told that they will have to wait before they can refinance or obtain a fresh mortgage to purchase a home. That’s true even for those who ultimately make their payments on time, as the forbearanc­es are still being noted on some consumers’ credit reports.

Fannie and Freddie’s policies don’t contemplat­e an emergency such as the current pandemic or specify how affected borrowers should be treated, said Raphael Williams, a spokesman for the Federal Housing Finance Agency. The agency, which regulates Fannie and Freddie, is working with the companies to resolve the situation, he said.

Fannie and Freddie spokesmen referred comment to the FHFA.

Ian McDonald, a branch manager with Fairway Independen­t

Mortgage in Hutchinson, Minn., said his company recently tried to lend to someone who wanted to purchase a new home. The borrower had his work hours cut in March and April but recently had them restored. The individual called his mortgage servicer to ask about forbearanc­e but never missed a payment, according to McDonald.

But when a Fairway loan officer pulled the borrower’s credit report, they found that he was in the forbearanc­e program approved by Congress. The borrower rushed to make his May mortgage payment, which wasn’t yet due, and told his servicer to take him out of forbearanc­e. Still, McDonald’s company determined that it was too late.

“We believe he’s ineligible for all loans,” McDonald said. “They put this legislatio­n in with good intentions, but there wasn’t contemplat­ion of all the ripple effects that are taking place right now in real time.”

The National Associatio­n of

Mortgage Brokers wants lawmakers to get involved. In a letter Tuesday, the trade group told members of the Senate Banking Committee that it believes that it violates the spirit of the virus stimulus bill for mortgage forbearanc­e to be disclosed to credit reporting companies — the firms that collect consumers’ financial data. NAMB President-Elect Kimber White said halting such disclosure­s would reduce the ramificati­ons of Fannie and Freddie’s forbearanc­e policies.

St. Louis-based lender F&B Financial Group has fielded calls from several customers wanting to refinance their loans who didn’t know their recent forbearanc­e requests had made them ineligible for mortgages backed by Fannie and Freddie, said owner Chris Fox.

Fox said he discovered himself that servicers were leaving borrowers in the dark after calling the company that handles his mortgage.

“I went through the process with them, and pointedly asked twice, ‘So there are no negative impacts from doing this?’ and I was told, ‘No, sir, go ahead and do it,’” he said.

To address the problem, Fannie and Freddie are considerin­g shortening the time period that homeowners are restricted from getting new loans to three months or even fewer if borrowers never miss payments, said a person familiar with the companies’ discussion­s. The issue has taken on some urgency because of concerns that consumers have received forbearanc­e without being informed of the risks, said the person, who asked not to be named in discussing internal deliberati­ons.

If Fannie and Freddie don’t take action, the broader economy could take a hit should a substantia­l number of homeowners fail to secure financing to buy new properties once the pandemic passes, Moody’s Analytics chief economist Mark Zandi said. A slump in mortgage refinances wouldn’t have the same harm, he said.

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