Yesterday, President Obama signed the Helping Families Save Their Homes Act into law. What a relief!
There are two main features to this law:
First, it protects renters. Renters have been one of the groups getting the collateral damage from the foreclosure crisis. When an investor owner can’t pay his mortgage, he has to turn the home over. In most cases, that means that the renters need to move on, as well.
Second, it includes a disclosure rule that requires companies buying mortgages on the secondary market to inform borrowers about who now owns their mortgage.
I have talked with so many people who are not sure who owns their mortgage. I would say that this is a hard thing to understand. I have tried to explain it numerous reporters. Many are confused by the idea of a service and an investor on top of an original lender, possibly working with a wholesaler through a mortgage broker.
Definitely my broadcast news reporters couldn’t grasp it.
There are some other good features, too: a two percent cap on origination fees, and a “net tangible benefit” to borrowers during a refinancing.
The ABA and their bankers are a hard group to bargain with. They have a lot of friends, particularly on the Financial Services Committee. So, in a way, getting any kind of new law is great. That said, this law is sort of misleading, because it does not come with the appropriate penalties for financial institutions who break its terms.
That’s because “curing” the problem does not require a systemic fix, but only a solution for the particular borrower.