Supporting, Informing & Connecting People in Foreclosure
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THREEyears after the mortgage crisis began, there are still 11 million to 15 millionhomeowners who owe more than their home is worth, meaning that about 25 percentof all mortgage holders are underwater. As a result, foreclosures continue tomount; many homeowners can’t make their payments and are tempted to simply walkaway from their debt. Meanwhile, the lenders and investors who own the loansare unwilling to work out a deal if, as is usually the case, it means losingmoney.
Fortunately, there is a solution. Rather than be at odds,homeowners and investors should partner in long-term equity-sharingarrangements.
Here’s how it would work. Let’s say a homeowner purchased a housein 2004 for $300,000 with no money down, and the property is now worth $150,000— a 50 percent drop in value.
In an equity-sharing arrangement, the lender would write a newloan for $150,000, retire the original $300,000 loan and, to make up for thatloss, take a 50 percent deeded ownership interest in the property. Thehomeowner would also agree to split 50 percent of the net proceeds of anyfuture sale of the property with the lender. The new arrangement would alsoinclude a buyout provision, so that if the homeowner ever wanted to take overthe lender’s share, he would simply pay the lender a predetermined amount ofcash.
Such a plan would be relatively easy to put in place, assuming thelender held the loan in its own portfolio. In most cases, however, lendersimmediately sold their loans to investors and merely performed loan-servicingduties like collecting monthly payments and sending statements.
In those instances, the lender would have already made its moneywhen the loan was originated, the proceeds from the new loan and the 50 percentdeeded interest in the property would go to the investor, not the lender. Theinvestor would also benefit from any future sale or when the homeownerexercised the buyout provision.
Equity-sharing would be a boon for everyone involved. Homeownerscould stay in their houses and preserve their credit (assuming they staycurrent on the new loan). The neighborhood would avoid a foreclosure, which candepress property values. And the lender or investor could participate in theupside potential when the house eventually sells. Best of all, it wouldn’t costtaxpayers a dime.
A major reason the mortgage mess has gone on so long is thathomeowners, lenders and investors assume their interests are at odds. An equity-sharingarrangement would bring all three onto the same side — and help solve America’sforeclosure crisis.
Alex Perriello is the president and chief executiveof a real estate franchise organization.
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