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Congressional Oversight Panel: Congressional Oversight Panel Reviews Treasury's Foreclosure Prevention Programs

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Home > Press > Congressional Oversight Panel Reviews Treasury's Foreclosure Prevention Programs

Congressional Oversight Panel Reviews Treasury's Foreclosure
Prevention Programs
December 14, 2010
For Immediate Release

HAMP On Track to Prevent Far Fewer Foreclosures Than
Expected, but Treasury Can Still Take Steps to Help More
Homeowners Avoid Foreclosure
WASHINGTON, D.C. - The Congressional Oversight Panel today released its December
oversight report, "A Review of Treasury's Foreclosure Prevention Programs." In the eight
months since the Panel's last report on the Home Affordable Modification Program
(HAMP), Treasury has made minor tweaks to the program, but the changes have not
resolved the Panel's core concerns. The Panel now estimates that, if current trends hold,
HAMP will prevent only 700,000 foreclosures -- far fewer than the three to four million
foreclosures that Treasury initially aimed to stop, and vastly fewer than the eight to 13
million foreclosures expected by 2012.
While HAMP's most dramatic shortcoming has been its poor results in
preventing foreclosures, the program has had other significant flaws. For
example, despite repeated urgings from the Panel, Treasury has failed to collect and
analyze data that would explain HAMP's shortcomings, and it does not even have a way to
collect data for many of HAMP's add-on programs. Further, Treasury has refused to
specify meaningful goals by which to measure HAMP's progress, while the program's sole
initial goal -- to prevent three to four million foreclosures -- has been repeatedly redefined
and watered down.
Treasury has failed to hold loan servicers accountable when they have
repeatedly lost borrower paperwork or refused to perform loan
modifications. Treasury has essentially outsourced the responsibility for overseeing
servicers to Fannie Mae and Freddie Mac, but Freddie Mac in particular has hesitated to
enforce some of its contractual rights related to the foreclosure process, arguing that doing
so "may negatively impact our relationships with these seller/servicers, some of which are
among our largest sources of mortgage loans." Treasury bears the ultimate responsibility
for preventing such conflicts of interest, and it should ensure that loan servicers are
penalized when they fail to complete loan modifications appropriately.
It is too late for Treasury to revamp its foreclosure prevention strategy, but
Treasury can still take steps to wring every possible benefit from its programs.
Treasury should enable borrowers to apply for loan modifications more easily -- for
example, by allowing online applications. Treasury should also carefully monitor and,
where appropriate, intervene in cases in which borrowers are falling behind on their
HAMP-modified mortgages. Preventing redefaults is an extremely powerful way of
magnifying HAMP's impact, as each redefault prevented translates directly into a borrower

http://cybercemetery.unt.edu/archive/cop/20110401231507/http://cop.senate.gov/press/releases/release-121410-foreclosure.cfm[12/15/2015 11:52:33 AM]

Congressional Oversight Panel: Congressional Oversight Panel Reviews Treasury's Foreclosure Prevention Programs

keeping his home.
Treasury should acknowledge that HAMP will not reach the expected number
of homeowners and should provide a meaningful framework for evaluating
the program in the future. Treasury continues to state that HAMP will expend $30
billion in Troubled Asset Relief Program funding, yet the Panel's estimate based on
Congressional Budget Office figures is that HAMP will likely spend only around $4 billion.
Had Treasury acknowledged this reality before its crisis authority expired, it could have
reallocated the money to a more effective program. Now, that option is gone. Absent a
dramatic and unexpected increase in HAMP enrollment, many billions of dollars set aside
for foreclosure mitigation may well be left unused. As a result, an untold number of
borrowers may go without help -- all because Treasury failed to acknowledge HAMP's
shortcomings in time.
The full report is available at cop.senate.gov
The Congressional Oversight Panel was created to oversee the expenditure of the
Troubled Asset Relief Program (TARP) funds authorized by Congress in the Emergency
Economic Stabilization Act of 2008 (EESA) and to provide recommendations on
regulatory reform. The Panel members are former Senator Ted Kaufman; J. Mark
McWatters; Richard H. Neiman, Superintendent of Banks for the State of New York;
Damon Silvers, Policy Director and Special Counsel for the AFL-CIO; and Kenneth
Troske, William B. Sturgill Professor of Economics at the University of Kentucky.

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