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(1) provides lenders and
loan servicers with certain compensation to cover
administrative costs for each loan modified according to
the required standards; and
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(2) provides loss sharing
or guarantees for certain losses incurred if a modified
loan should subsequently re-default.
(c) Program Components- The program established under subsection (a) may include the following components:
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(1) ELIGIBLE BORROWERS-
The program shall be limited to loans secured by
owner-occupied properties.
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(2) EXCLUSION FOR EARLY
PAYMENT DEFAULT- To promote sustainable mortgages, loss
sharing or guarantees shall be available only after the
borrower has made a specified minimum number of payments
on the modified mortgage.
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(3) STANDARD NET PRESENT
VALUE TEST- In order to promote consistency and
simplicity in implementation and audit, the Secretary
shall prescribe a standardized net present value
analysis for participating lenders and servicers
comparing the expected net present value of modifying
past due loans compared to the net present value of
foreclosing on them will be applied. Under this test,
standard assumptions shall be used to ensure that a
consistent standard for affordability is provided based
on a ratio of the borrower's mortgage-related expenses
for the first priority mortgage-to-gross income
specified by the Secretary.
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(4) SYSTEMATIC LOAN REVIEW
BY PARTICIPATING LENDERS AND SERVICERS- Participating
lenders and servicers shall be required to undertake a
systematic review of all of the loans under their
management, to subject each loan to a standard net
present value test to determine whether it is a suitable
candidate for modification, and to offer modifications
for all loans that pass this test. The penalty for
failing to undertake such a systematic review and to
carry out modifications where they are justified would
be disqualification from further participation in the
program until such a systematic program was introduced.
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(5) MODIFICATIONS-
Modifications may include any of the following:
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(A) Reduction in
interest rates and fees.
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(B) Term or
amortization extensions.
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(C) Forbearance or
forgiveness of principal.
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(D) Other similar
modifications.
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(6) SIMPLIFIED LOSS SHARE
CALCULATION- In order to ensure the administrative
efficiency and effective operation of the program, the
Secretary shall define appropriate measures for loss
sharing or guarantees designed to reduce the risk and
loss upon redefault of modified mortgages in order to
provide adequate incentives to lenders, servicers, and
investors to modify eligible mortgages and avoid
unnecessary foreclosures. Interim modifications shall be
allowed.
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(7) DE MINIMIS TEST- To
lower administrative costs, a de minimis test shall be
used to exclude from loss sharing any modification that
does not lower the monthly payment at least 10 percent.
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(8) 8 YEAR LIMIT ON LOSS
SHARING PAYMENT- The loss sharing guarantee shall
terminate at the end of the 8-year period beginning on
the date the modification was consummated.
(e) Regulations- The Secretary shall prescribe such regulations as may be necessary to implement this section and prevent evasions thereof.
(f) Troubled Assets- The costs incurred by the Federal Government in carrying out the loan modification program established under this section shall be covered out of the funds made available to the Secretary of the Treasury under title I of the Emergency Economic Stabilization Act of 2008 or such other funds as may be available to the Secretary.(g) Report- Before the end of the 6-month period beginning on the date of the enactment of this Act, the Secretary shall submit a progress report to the Congress containing such findings and such recommendations for legislative or administrative action as the Secretary may determine to be appropriate.