New Orleans, Ravaged by Katrina, Hit Again by Subprime Crisis

Retired New Orleans cook Hattie
Warren survived Hurricane Katrina. Now, at 82, she is struggling
with the $100,000 subprime mortgage she took out to pay bills
and ``have a few dollars'' five months before Lake Pontchartrain
flooded the city.

The payment on her adjustable-rate loan, about $860 a
month, eats up three-quarters of her income from Social Security
and the rent daughter Gloria pays to share the two-family Creole
cottage.

``I'm going to have a little problem,'' she says, sitting
in the pink-paneled living room of her home in the city's Treme
section, one of the first places in the U.S. blacks were allowed
to own property.

To trace the turmoil in the subprime mortgage market, come
to New Orleans, where borrowers who can't repay are fueling a
surge in delinquencies. With acres of gutted houses and weed-
choked yards, Louisiana's largest city is being slammed again as
lenders exit the business, demand late payments and impose
tougher standards on new loans.

About 21 percent of the state's 60,000 subprime mortgages
were at least 30 days past due in last year's fourth quarter, up
from 15 percent in 2004, the year before the storm. Only
Mississippi and Michigan had higher delinquency rates for home
loans to borrowers with weak credit or heavy debt, according to
the Washington-based Mortgage Bankers Association.

`Our Best Interest'

``We are urging lenders not to demand immediate payment,''
Louisiana Governor Kathleen Blanco says. ``It's in all of our
best interest that they help our people.''

Massachusetts Representative Barney Frank, the Democrat who
is chairman of the U.S. House Financial Services Committee, said
in an interview that there is ample reason to give ``special
consideration'' to Louisiana mortgage holders. He also wants to
ensure no one else takes out a loan they can't handle.

``Lending people money if they don't have a good chance of
paying it back doesn't help,'' he says.

Warren, who was born when Calvin Coolidge was in the White
House, was able with her limited income to get a mortgage for as
much as some New Orleans real estate agents estimate to be the
full value of her house.

``I would guess she could get just around $100,000 to
$110,000,'' says Helen Krieger, a broker who priced a termite-
damaged listing down the street for just under that amount.

Bruce Dorpalen, director of housing counseling with Acorn
Housing Corp., a Chicago-based group assisting Warren, says she
never should have been given an adjustable rate loan.

`Forced Into Foreclosure'

``If your income is going to be steady and your mortgage
payments are going to reset, you are essentially forcing
somebody into a situation where they are going to be either
delinquent or forced into foreclosure,'' he says.

Countrywide Financial Corp., which holds Warren's loan,
``cannot and does not discriminate based on age as a credit
granting criteria,'' Jumana Bauwens, a spokeswoman, said in an
e-mailed response to questions about the credit and Dorpalen's
comment.

The Calabasas, California-based company, the biggest U.S.
mortgage lender, offered homeowners ``temporary mortgage payment
relief'' after hurricanes Katrina and Rita hit in August and
September 2005, Bauwens says. It also contracted with Acorn
Housing to help ``locate borrowers who had not contacted their
mortgage lender to begin working toward alternatives to
foreclosure,'' she said.

Hurricanes Katrina and Rita damaged or destroyed 123,000
owner-occupied homes and 80,000 rental units in Louisiana. About
half the property was in Orleans Parish, which encompasses New
Orleans.

Poorest Residents

The Lower Ninth Ward, home to many of the city's poorest
residents, remains virtually uninhabited. Sections including
Gentilly and Lakeview have a mix of boarded-up houses and newly
refurbished Cape Cods and Colonials.

Borrowers such as Gwendolyn Adams, who took out a 9.99
percent loan before Katrina to pay her son's college tuition and
renovate, are trying to manage payments on homes that no longer
exist. The city tore down her Lower Ninth Ward house because it
was deemed a safety hazard.

Citigroup Inc. agreed to reduce her payment to $350 from
about $650, says Adams, a 55-year-old housing activist who used
insurance money to cut her outstanding balance to about $14,000.
``They wanted money, and they were willing to take a little bit
rather than none at all.''

Road Home Grants

Adams is one of more than 100,000 people waiting for grants
under Louisiana's Road Home program, a federally funded plan to
compensate residents whose properties were damaged or destroyed
by Katrina and Rita. About 11 percent of 134,000 applicants had
received payments as of May 5, according to ICF International,
of Fairfax, Virginia, the program's administrator.

Blanco says Road Home came to a ``screeching halt'' for
almost a month after a March 16 rule change by the U.S.
Department of Housing and Urban Development.

HUD told the state it could no longer require grant money
to be paid into escrow accounts, where it was protected from
creditors and doled out in incremental payments to fund
rebuilding. The governor says HUD left no alternative but to
give lump sums to residents, who may now be forced to use the
money for mortgage payments rather than repairs.

``It just stunk to high heaven,'' Blanco said in an
interview.

Andrew Kopplin, executive director of the Louisiana
Recovery Authority, said that he heard an increasing number of
complaints from families being pressed for payment.

`Pressure From Lenders'

``There is a lot more pressure from the lenders on our
homeowners today than there was three months or six months
ago,'' Kopplin said.

Subprime borrowers face other problems too.

Seth Weingart, a counselor with the Greater New Orleans
Fair Housing Action Center, said that he found lenders billing
for taxes that weren't owed and insurance coverage already paid
for. Some demand fees when people use insurance to prepay loans,
he says.

Borrowers also sometimes have trouble deciphering messages
from companies servicing their mortgages, Weingart said.

In one case, Option One Mortgage Corp. told borrowers
Fannie Mae and Freddie Mac, the two largest buyers of U.S. home
loans, were telling lenders ``to end the moratorium'' on
foreclosures that went into effect after Katrina. In a letter
dated Oct. 16, 2006, the Irvine, California-based company said
it would begin reporting delinquent mortgage loans to credit
bureaus, assessing late charges and pursuing foreclosure.

Fannie Mae's Position

Fannie Mae replaced the foreclosure ban with a requirement
that lenders must have ``exhausted all'' alternatives and
received written approval before beginning legal action. It
never directed lenders to foreclose, said Christina McHenry,
director of media relations for Fannie Mae.

``In hindsight, in reviewing the letter, we agree that we
could have communicated this more effectively,'' Option One
spokeswoman Christine Sullivan said in an e-mail response to
questions.

H&R Block of Kansas City, Missouri, the largest U.S. tax
preparer, agreed April 20 to sell Option One to Cerberus Capital
Management LP, a New York private-equity and hedge-fund manager.

Hattie Warren -- who has trouble remembering how many
grandchildren she has, let alone dissecting her loan -- pins her
hopes on Regan Brewer, a counselor from Acorn.

Brewer said she is looking into whether it's possible to
negotiate lower payments on the black-and-white cottage Warren
has called home since 1973.

Seeking help wasn't easy, Warren said. ``I don't like to
ask nobody,'' she said.

To contact the reporter on this story:
Sharon L. Crenson in New York at

Not all adjustable home loans are created equal

Editor's note: Robert Bruss is temporarily away. The following column from Bruss' "Best of" collection first appeared Sunday, April 16, 2006.

DEAR BOB: In a recent article you said, "Now you know why I never recommend negative-amortization adjustable-rate mortgages (ARMs)." Does that mean you changed your advice? I recall your many articles recommended the COFI (cost of funds index) ARMs, which have negative amortization. --Tom C.

DEAR TOM: ARMs that use the COFI do not always have negative amortization where the borrower's monthly payment increases slower than the interest index increases. The result can be the unpaid interest is added to the mortgage balance, thus creating negative amortization.

Purchase Bob Bruss online.

I have never recommended negative-amortization ARMs. Personally, I have had several COFI adjustable-rate mortgages that didn't have negative amortization.

The key question to ask is how often the ARM monthly payment and the index change. If the index rate can change faster than the borrower's monthly payment changes, then negative amortization results, thus increasing the mortgage balance by the unpaid interest amount.

I have not changed my viewpoint. I do not recommend negative amortization ARMs, which can be a very bad deal, especially when the home buyer made a low- or zero-cash down payment.

CAN THREE OWNERS EACH QUALIFY FOR $250,000 HOME-SALE TAX BREAK?

DEAR BOB: I read in your column that two principal residence co-owners (who are not spouses) can each qualify for up to $250,000 of tax-free sales profits under Internal Revenue Code 121. Can three owners of one house qualify? Would $250,000 be available to each co-owner, or is $500,000 the maximum exemption per home sale? Is there any limit to the number of co-owners who can qualify for this tax exemption? --John S.

DEAR JOHN: There is no limit in Internal Revenue Code 121 to the number of $250,000 principal residence sale exemptions if each co-owner qualifies.

However, when the co-owners are not husband and wife, then all their names must be on the title at least 24 of the 60 months before the sale and the property must be the principal residence of each owner for the required 24 of the last 60 months before sale.

An example would be three sisters who own and occupy their principal residence for the required minimum time before selling, thus qualifying for up to $750,000 tax-free sales profits. For further details, please consult your tax adviser.

DON'T GET A REVERSE MORTGAGE UNLESS YOU EXPECT TO LIVE IN THE HOME AT LEAST FIVE YEARS

DEAR BOB: I am way over 65 and live in my condo that is worth around $300,000. The life expectancy of males in my family is only 50 years. I am considering a senior citizen reverse mortgage, or I might sell my condo and invest the sales proceeds. Which option do you feel is best for me? --Wally D.

DEAR WALLY: If you are in reasonably good health for your age, and expect to remain in your home for at least five years, I suggest you seriously consider the benefits of a reverse mortgage.

The reason you should plan to stay in your home at least five years is to amortize the reverse mortgage up-front loan fees. To illustrate, if you are in poor health with a life expectancy of two years, a reverse mortgage would not be a smart decision.

More details are in my special report, "The Whole Truth About Reverse Mortgages for Senior Citizen Homeowners," available for $5 from Robert Bruss, 251 Park Road, Burlingame, CA 94010 or by credit card at 1-800-736-1736 or instant Internet delivery at . Questions for this column are welcome at either address.

(For more information on Bob Bruss publications, visit his ).

Lenders say many won’t be helped by foreclosure delay

BOSTON - Some on the brink of losing their homes will benefit from the foreclosure delays advocated by Gov. , but many are so financially troubled that a delay won’t make a difference, the state’s top lenders association said Tuesday.
    Despite their portrayal by some housing advocates as "predators," subprime mortgage lenders want to help homeowners find better loans because they also lose money on foreclosures, said Kevin Cuff, executive director of the Massachusetts Mortgage Bankers Association.
    But by the time many cases reach the foreclosure stage, it’s often too late, "whether we wait 60 days or not," said Cuff, whose trade group represents about 300 lenders.
    Patrick should use his influence to bring the nation’s largest lenders, which hold loans on much of the state’s foreclosed properties, into discussions on how to address the state’s high numbers of foreclosures, Cuff said.
    The state had a record 19,487 foreclosure filings last year. Last Wednesday, Patrick announced a plan to lower the foreclosure rate that would include making mortgage fraud a criminal offense and prohibiting abusive foreclosure rescue schemes.
    The next day, Patrick met with Bruce Marks, head of the Neighborhood Assistance Corporation of America housing advocacy group, and about 24 people in danger of losing their homes. After the meeting, Patrick instructed the state’s banking commissioner to seek, on a case-by-case basis, foreclosure delays from lenders for homebuyers who file a complaint about their mortgages.
    The state has no power to force lenders to negotiate new terms.
    "We hope the lenders will give us the time and work with us to see if there are any homes we can save," said Kofi Jones, spokeswoman for the state Executive Office of Housing and Economic Development.
    The subprime lending market, aimed at people with poor credit histories, helps people obtain a mortgage with little or no money down, but generally with interest rates that are high or increase sharply after a short period.
    Marks said subprime lenders target people they know can’t pay the mortgages in order to profit from the numerous fees. Cuff said millions of people who wouldn’t otherwise be able to afford a home now have one because of subprime loans.
    Patrick has been criticized for his work with ACC Capital Holdings, parent of the national mortgage company Ameriquest, which has been accused of predatory lending practices. Patrick, a former member of the board of directors of ACC, has said he tried to correct problems at Ameriquest, but his job there has surfaced in the recent debate.
    Cuff said anti-foreclosure advocates have a sympathetic ear because of Patrick’s ties to Ameriquest. House minority leader Brad Jones, R-North Reading, said Patrick may be trying to politically get out in front of an issue that has dogged him.
    "Given the history, it’s certainly a situation where you don’t want to be accused of being behind the curve on what some people think you may have been able to do," he said.
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