NJ DOBI Bulletin 2007-24
Workout Arrangements for Residential Mortgage Borrowers
State of New Jersey
DEPARTMENT OF BANKING AND INSURANCE
DIVISION OF BANKING
PO BOX 040
TRENTON, NJ 086250040
JON S. CORZINE
STEVEN M. GOLDMAN
Governor
Commissioner
Visit us on the Web at www.njdobi.org
New Jersey is an Equal Opportunity Employer • Printed on Recycled Paper and Recyclable
BULLETIN NO. 0724
TO:
ALL
NEW
JERSEY
LICENSED
MORTGAGE
BANKERS,
CORRESPONDENT
MORTGAGE
BANKERS,
MORTGAGE
BROKERS, SECONDARY LENDERS, REGISTERED MORTGAGE
SOLICITORS, AND ALL NEW JERSEY CHARTERED BANKS,
SAVINGS BANKS, STATE ASSOCIATIONS AND CREDIT UNIONS
FROM:
STEVEN M. GOLDMAN, COMMISSIONER
RE:
WORKOUT ARRANGEMENTS FOR RESIDENTIAL
MORTGAGE BORROWERS
The Department of Banking and Insurance (“Department”) encourages all entities
involved in the mortgage lending and servicing industries including, but not limited to,
those regulated under Title 17 of the New Jersey statutes, to provide appropriate workout
arrangements for financially stressed borrowers and to preserve homeownership and
avoid the prospect of foreclosure.
Workout Arrangements for Financially Stressed Borrowers
The Department encourages all entities involved in the mortgage lending industry
in New Jersey (particularly those in the mortgage loan servicing industry to the extent
they are authorized to do so) to provide workout arrangements for financially stressed
borrowers that will modify or convert their loans to loan products with predicable
payments that are manageable for the borrower. The Department requests that loan
servicers promptly identify borrowers currently in distress, and those who they anticipate
may be in distress as a result of the interest rates on their adjustable rate mortgage loans
resetting in the coming two years. It is also requested that loan servicers notify such
borrowers of reset provisions, and utilize loss mitigation techniques which will preserve
the privilege of homeownership and avoid the prospect of foreclosure. The early
identification program should be consistent with the following statements dated
September 4, 2007: (1) the “Statement on Loss Strategies for Servicers of Residential
Mortgages” published by the Federal Deposit Insurance Corporation (“FDIC”), the Board
of Governors of the Federal Reserve System, the Office of the Comptroller of the
Currency, the Office of Thrift Supervision, the National Credit Union Administration,
and the Conference of State Bank Supervisors (“CSBS”); and (2) the Joint Release
published by the FDIC, CSBS and the American Association of Residential Mortgage
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Regulators (“AARMR”) entitled “FDIC, CSBS and AARMR Suggest Servicers Avoid
DebttoIncome (DTI) Ratios Above 50 Percent for Modified Obligations”.
Homeownership Preservation Principles
The Department strongly recommends that loan servicers act in accordance with
principles developed by the United States Senate Committee on Banking, Housing and
Urban Affairs and released on May 2, 2007, entitled the “Homeownership Preservation
Statement of Principles” (the “Principles”). The six Principles applicable to private
industry loan servicers, as the Department views them, are as follows:
1. Early Contact and Evaluation.
Servicers should develop a systematic
approach to contacting subprime adjustable rate mortgage (ARM) borrowers sufficiently
prior to loan resets to determine whether the higher payments create a reasonable risk of
default. If it is clear, after reviewing all the available facts and circumstances, that the
borrower will be unable to make the new payments when the loan resets, the servicer may
assume that default on the mortgage is reasonably likely to occur and consider ways in
which the loan may be modified.
2. Modify to Create Longterm Affordability. If a borrower cannot afford a
reset payment, the servicer should seek to modify the loan prior to the reset. The
objective of the modification should be to create a permanent, fixed rate financing
solution for the borrower, which is sustainable for the life of the loan, and not to merely
defer the date of the rate reset. Modification options should include, as appropriate, one
or more of the following:
• Change from adjustable to fixed rate. Switching from an adjustable to an
affordable fixed rate loan by, for example, making the introductory rate or
another demonstrably affordable rate permanent.
• Reduce the interest rate. Reducing a high interest rate is one way to assist a
borrower to afford the mortgage. Ability to repay should take into account
the borrower’s total debttoincome ratio, including factoring in the costs of
taxes and insurance.
• Reduce principal. Reducing the loan principal in order to ensure borrower
affordability and a continued revenue stream to investors.
• Reamortize the loan. Reamortizing the loan to account for any changed loan
terms or to make the payments more affordable.
• Escrows. If possible, servicers should begin to escrow for taxes and insurance
as part of the modification process to ensure the home loan will remain
sustainable for the life of the loan.
3. Dedicated Teams and Resources. Servicers should adopt a loss mitigation
and loan modification policy that will permit modifications to be effectuated in the large
numbers that may be necessary in the near term in a timely fashion. Servicers should do
so by allocating teams and resources specifically dedicated to the task. When feasible,
servicers should partner with experienced third party counselors and nonprofits to make
outreach as effective as possible.
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4. LowCost Refinancing. For those who are eligible, refinancing to prime loans
should be made in as streamlined and lowcost fashion as possible.
5. Maximize Success, Minimize Damage.
Not every foreclosure can be
prevented nor every home saved. All parties should work to minimize the damage to
borrowers, communities, and the mortgage market when saving the home is not possible.
The Department urges servicers to be prepared to promptly refer borrowers whose homes
cannot be saved to the appropriate local providers of alternative services.
6. Accountability. A system should be developed for measuring progress on
achieving the principles outlined above in order that progress can be tracked and reported
and that the process can be as transparent and accountable as possible.
The Department encourages all loan servicers to follow these Principles with
respect to all borrowers. Although the Principles are designed largely to address certain
types of adjustable rate mortgage loans, loan servicers will surely be asked to deal with
issues and questions relating to other loan types as well, on which these Principles should
also provide guidance. Furthermore, the Department urges all loan servicers to follow
these Principles with respect to all borrowers without regard to such borrower
classifications, categorizations, or distinctions as may result from plans or agreements
struck by HOPE NOW participants, or by other means. HOPE NOW is a collaboration
of credit and homeowners’ counselors, mortgage servicers and mortgage market
participants that was formed earlier this year with the encouragement of the United States
Departments of the Treasury and Housing and Urban Development.
For Further Information
Copies of the abovereferenced documents are all available on the Department’s
website at www.njdobi.org in the banking link under the “Resources for Industry”
heading.
12/17/07
/s/ Steven M. Goldman
Date
Steven M. Goldman
Commissioner
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