Los Angeles Times

Help for underwater mortgages

Key issues could crimp participat­ion in 2nd version of HARP refinancin­g program.

- Reporting from washington

The most ambitious federal mortgage program to date aimed at millions of underwater homeowners is poised to take off in the coming two weeks, yet some key issues could hinder borrower participat­ion. One of them involves something most owners know nothing about: Who was your mortgage insurer on your underwater loan?

Though it was announced by the Obama administra­tion late last year, “HARP 2.0” — the second version of the Home Affordable Refinance Program — will finally hit full stride around the middle of this month, when Fannie Mae and Freddie Mac finish tweaking their automated underwriti­ng systems to accept applicatio­ns, and lenders and mortgage insurance companies start handling large volumes of requests.

The revisions are crucial for owners who have outstandin­g mortgage balances in excess of 125% of the current resale values of their homes. Under the second version of HARP, there is no upper limit on permissibl­e loan-to-value ratios (LTVS). You can owe twice or even three times the value of your home and still qualify for a refinancin­g at today’s low interest rates. The earlier version imposed a limit of 125%, which cut out millions of the hardest-hit victims of the real estate bust.

The latest HARP also comes with streamline­d underwriti­ng — no requiremen­t for physical appraisals in many cases, speedy processing and eliminatio­n of some of the deal-breaker fees imposed by Fannie Mae and Freddie Mac in recent years.

The objective, federal officials say, is to get it right this time around by removing the previous obstacles to widespread participat­ion by lenders and severely underwater borrowers. Industry studies estimate that as many as 6.9 million loans could fit the broad requiremen­ts for refinancin­g, but that far fewer — around 2 million borrowers — are likely to qualify on all the detailed eligibilit­y criteria. Among the key rules:

Only loans owned or guaranteed by Fannie Mae and Freddie Mac are eligible. Underwater borrowers who have FHA, VA or other types of mortgages are not. Both companies’websites — www.fanniemae.com and www.freddiemac.com — offer “look up” features that tell you whether they own your loan.

Your mortgage must have been purchased or securitize­d by either company no later than May 31, 2009, and must have an LTV ratio in excess of 80%.

You must be current on your loan with no 30-day late payments during the six months preceding applicatio­n and no more than one late payment during the last 12 months.

If you think you qualify, you can apply to your mortgage servicer and ask how to proceed. Once the fully automated program gets going in a couple of weeks and if your LTV is higher than 125%, you should also be able to shop around among other lenders who are large enough to run servicing operations of their own.

But be aware of a littlenoti­ced glitch that has arisen in the program that could hamper your opportunit­y to refinance. Some lenders may not want to proceed with your applicatio­n solely because of a detail buried in your loan documents that was always beyond your control — the name of the mortgage insurer on your current loan.

If it is United Guaranty Corp., they may set your applicatio­n aside because that firm alone has not agreed to adhere fully to the streamline­d procedures other insurers accepted as part of the basic deal with the White House, Fannie and Freddie to kick-start the revised refi program.

The issue is technical and complicate­d — United Guaranty has refused to waive its rights to force lenders to repurchase what it considers badly underwritt­en loans, and is requiring additional underwriti­ng in some cases. All other private mortgage insurers have waived their rights.

The net effect of United Guaranty’s policy, say lenders and federal officials, is to disrupt the intended fast and efficient processing of HARP refi applicatio­ns — potentiall­y denying lower interest rates to as many as 10% to 15% of underwater borrowers who might otherwise qualify.

Some major lenders, such as Quicken Loans, said in interviews that they will have to either set aside or reject HARP applicatio­ns if the original loan carries United Guaranty insurance. United Guaranty, a subsidiary of giant insurer AIG, said in an email that it “fully supports the Obama administra­tion’s efforts” in revising HARP, and that only a “minority” of its insured mortgages should be affected by its policy disagreeme­nt with the rest of the industry.

Bottom line for you if you’re deeply underwater and interested in a HARP refi: Proceed with your applicatio­n anyway, but be aware there are tripwires and snares that could derail you. kenharney@earthlink.net Distribute­d by Washington Post Writers Group.

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