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The American Securitization Forum Policy Statement

The American Securitization Forum (ASF)1 is publishing this Statement as part of its continuing efforts to inform its members and promulgate relevant securitization industry guidance in light of the challenges currently confronting the subprime residential mortgage markets.

Current subprime residential mortgage market conditions include a number of concerns that impact securitization transactions, subprime mortgage finance and the overall housing market: an increase in delinquency, default and foreclosure rates; an increase in real estate owned inventories; a decline in home price appreciation; and a prevalence of loans with a relatively low introductory rate that are adjusting to a higher rate. This Statement is being published concurrently with our Streamlined Foreclosure and Loss Avoidance Framework for Securitized Subprime ARM Loans, Executive Summary, and provides additional background, detail and discussion supporting that document.

The ASF believes that minimizing foreclosures and preserving homeownership, wherever possible, is in the best interests of borrowers, servicers, originators and investors as foreclosure is typically the most costly and least-preferred method of resolving a defaulted mortgage loan. As such, the interests of secondary mortgage market participants continue to be aligned with borrowers, communities and policymakers to prevent foreclosures where possible.

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Homeowners’ rallying cry: Produce the note

ZEPHYRHILLS, Fla. – Kathy Lovelace lost her job and was about to lose her house, too. But then she made a seemingly simple request of the bank: Show me the original mortgage paperwork. And just like that, the foreclosure proceedings came to a standstill.

Lovelace and other homeowners around the country are managing to stave off foreclosure by employing a strategy that goes to the heart of the whole nationwide mess.

During the real estate frenzy of the past decade, mortgages were sold and resold, bundled into securities and peddled to investors. In many cases, the original note signed by the homeowner was lost, stored away in a distant warehouse or destroyed.

Persuading a judge to compel production of hard-to-find or nonexistent documents can, at the very least, delay foreclosure, buying the homeowner some time and turning up the pressure on the lender to renegotiate the mortgage.

“I’m going to hang on for dear life until they can prove to me it belongs to them,” said Lovelace, a 50-year-old divorced mother who owns a $200,000 home in Zephyrhills, near Tampa. “I’ll try everything I can because it’s all I have left.”

In interviews with The Associated Press, lawyers, homeowners and advocates outlined the produce-the-note strategy. Exactly how many homeowners have employed it is unknown. Nor is it clear how successful it has been; some judges are more sympathetic than others.

More than 2.3 million homeowners faced foreclosure proceedings last year and millions more are in danger of losing their homes. On Wednesday, President Obama will unveil a plan to spend at least $50 billion to help homeowners fend off foreclosure.

via Homeowners’ rallying cry: Produce the note|NewsChannel 8.

The Government’s New Loan Modification Plan

Feb. 18 (Bloomberg) — JPMorgan Chase & Co. Chief Executive Officer Jamie Dimon said the government’s new housing plan was “comprehensive” and would help the bank modify more loans.

“The plan is good and strong, comprehensive and thoughtful,” Dimon, 52, said in an interview today. “I think it will be successful in modifying mortgages in a way that’s good for homeowners.”

President Barack Obama today announced a $275 billion program that includes cutting mortgage payments for qualified borrowers and expanding the role of Fannie Mae and Freddie Mac in curbing foreclosures.

Dimon also said he’s “concerned” the bank may lose employees because of new U.S. restrictions on executive pay. He said he would like to see more details and clarifications about how the rules could apply.

via Bloomberg.com: Worldwide.