In a recent Bloomberg article, President Barack Obama rolls out plan to use mortgage lending giants Fannie Mae and Freddie Mac to refinance as many as 5 million home mortgages may face legal challenges over whether the administration is overstepping its authority. The proposal may violate requirements that homeowners put up at least 20% of the appraised value of a home or carry mortgage insurance, said U.S. Representative Scott Garrett of New Jersey, the ranking Republican on a panel that oversees the mortgage companies.
Fannie and Freddie’s chief regulator, James Lockhart, has said the changes are exempted from mortgage-insurance rules written into the companies’ charters and won’t require new appraisals. Lockhart said the strategy will make it easier to help struggling homeowners to refinance and get more affordable mortgage loans with lower monthly payments.
Loan-to-Value Ratio
Fannie and Freddie’s charters prohibit the acquisition of new loans with a loan to value ratio of more than 80% — meaning the homeowner has less than 20% equity in the property — unless mortgage insurance or some other credit backing is used. Regulators will work around that requirement by treating the refinance loans as a loan modification programs “for charter purposes,” not as new mortgage loans, Lockhart, director of the Federal Housing Finance Agency, said in a February 20th letter to a mortgage insurance trade group. The difference is that a mortgage modification retains the original contract, changing its terms. Mortgage refinancing requires an entirely new mortgage, which Fannie and Freddie would have to repurchase and repackage into a new security, according to analysts and the companies. “The new home loan is treated as a new origination because the old loan is paid off,” said Amy Bonitatibus, a Fannie spokeswoman.
No Appraisals Required with New Refinance Program
The Obama mortgage rescue plan would temporarily approve Fannie Mae and Freddie Mac to provide refinance loans that they own or guarantee with loan-to-value ratios (LTV’s) of as much as 105% without appraising the property or requiring additional mortgage insurance.
