More on the Foreclosure Rescue Bill

By Joel Persinger
YourRealEstateDude.com

While the world is focused on the Olympic Games and parents are focused on getting their kid back into school, many families are focusing on the Housing and Economic Recovery Act of 2008 and whether it might help them keep their homes. Real estate and lending professional are also scrambling to figure the thing out and are only getting it piece by piece.

That said, here are some new pieces to the already complicated puzzle. According to a number of reports, homeowners must meet the following criteria in order to have a chance of being helped by the new law: the loan must be on their primary residence, the loan must have been originated between January 2005 and June of 2007 and the payment must add up to 31% or more of the homeowners gross monthly income.

There are additional FHA requirements as well. For example: the borrower must pay an annual fee to FHA in the amount of 1.5% of the loan amount as an insurance premium. If the homeowner sells the property within on year of making the deal, FHA keeps 100% of the profits realized from the sale. If they sell after one year FHA gets 90%. The percentage keeps dropping in increments of 10% until it reaches a 50% split after five years. The bottom line is, the government may help you to keep your house, but it won’t be for free. You’re going to have to pay up sooner or later.

Just like the problems it’s trying to solve, this law is complicated. Real estate and lending professionals are learning more about it every day and so far, it looks like it may be helpful for some folks. But, it won’t help everyone. Many of the people who are currently in trouble with their mortgage or whose mortgage interest rate is soon going to adjust, will not be helped by this legislation. This is particularly true when the property in question is a rental or a second home. Another sticking point is that all of the fixes require the lenders to agree to take hefty losses. As a result, it’s not surprising that many prognosticators are predicting that short sales and foreclosures are going to continue for some time to come.

While it’s not a perfect fix, it is a fix and it will help many people. In fact, for the right people in the right situation this new “bail out” plan could be a dream come true. So, if you think it might help you or someone you know, the best place to start is with your lender or your Realtor. Just don’t forget that there are other available options in case this one doesn’t work for you.