As the government seems to be hell bent on subsidizing the stupid and greedy idiots who bought over priced homes in the last few years, we might as well try to make it simple and straightforward, instead of throwing in a bunch of impractical rules.
I would say, the most simple solution would be to write down the principal to the current market value (CMV) and create an IOU in favor of the lender/s for the difference between the CMV and the Mortgage balance, which would be payable with interest if and when the home sells above the CMV and will be extinguished on the sale of the home.
If the home sells for less than the CMV, the IOU will be a total loss for the Lender.
If the home sells for more than CMV+IOU, the Homeowner keeps the balance above the CMV+IOU.
If the home sells for more than CMV but less than CMV+IOU, then the value above CMV will go towards paying off the IOU.
These IOU's can be securitized and traded providing liquidity to the Lenders, although I am not aware if anyone would be willing to buy these IOU's, I can definitely bet my hat that there will be at least a value of a dollar on these IOU's.
If these IOU's become tradeable, the homeowners could buy out their own IOU's too (at the market price, which would be a steep discount to their face value), that would definitely improve the price of these IOU's. The value of these IOU's would also increase in tandem with the home value. I see some exciting possibilities on the IOU's. If the initial value of the IOU is say $ 100000 and the IOU is trading at say 10000 the homeowner can buy it off for that price and then they get to keep any profits on the sale of their home!!
Another possibility is to replace the IOU with a 'Student Loan' type of loan, with the option to make the payment left entirely to the borrower. This should have 2 simple features - one that it shows up on the Credit Report as a Loan till it is repaid and the other is that the borrower has the flexibility to make the payments at will.
Now, about the abuses of this rather simple program:
1. Should this mod show up on the Credit Report? I would say yes!. The IOU can fall off the report when it is paid in full with interest! Yes, we will need for the Credit Reporting agencies to incorporate new parameters into their calculations.
2. What about me selling my home to my brother and vice versa and thus getting rid of the IOU liability? - item 1 should take care of that because banks may not be too willing to lend to someone who has had a mod..
3. What about people who need to move for whatever reason and buy a home where they have moved? - I would say, this is a tricky issue, my suggestion would be for the IOU to be transferred to the new home.
4. Should documented income be a criteria to qualify for the mod? - I would say that documented income should be a pre-requisite to any mod.
5. What about those who lost their jobs? - My suggestions would be to allow a moratorium of a max of 2 yrs on the payments and bundle these payments into an IOU again.
6. Do people who can afford the current payment also qualify for this mod? - I would say YES to this also, because by reducing the monthly payment, we are allowing the people to spend, which supposedly drives our Economy!! The other flipside is that even if the people end up saving this money, it can be used by the banks to enhance Credit to businesses.
The bottomline, is to keep it as simple as possible so that it does not lead to more fraud and cause heart burn amongst the diligent home-owners or the honest tax payers!!
Comments?