Aug 30 2011
Why Loan Modifications Are So Rare in the Foreclosure Process
One big obstacle for any mortgage modification program is the pooling and servicing agreement (PSA). This is the agreement that dictates terms affecting how mortgages are pooled, securitized, marketed to investors, and then serviced by other corporations. And one of the restrictions many of these agreements contains makes it very difficult for some borrowers to be offered a modification.
In fact, some pooling and servicing agreements state that at most 5% or 10% of the mortgages contained in the pool can be offered mortgage modifications in the case of default. Thus, the US Treasury Department, in reporting that 9% of debtors who qualify for plans have been offered modifications, is simply reporting information that could have been guessed at just by looking into the structure of the mortgage agreements.
These PSAs set a limit to how many mortgage modifications can be offered by servicers, and these servicers may face lawsuits from the trusts or investors that own the underlying loans if they offer too many workout plans to homeowners. They may find themselves in breach of the servicing terms they agreed to, even though it would allow more debtors to avoid foreclosure, and they are not willing to take this risk.









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