Images

A bailout could be coming for Arizonans in foreclosure so who would qualify

A bailout could be coming for Arizonans in foreclosure so who would qualify? 3TV tells you what it would take to get a piece of the $125 million pie.

Jim Watters, his wife and children were living the dream in their Gilbert house but with the current economy they found themselves needing to modify their loan and that is when they woke up to a nightmare.

"Basically what we have here is the loan agreement which says, "We are pleased to advise you that your loan has been approved…in order for the modification to be valid the enclosed documents need to be signed and returned."

With their modified loan, the Watters started making their new mortgage payments. Jim explains, “Here are all my cancelled checks from September, October, November, December, February, March…right up until last week when we were told our home was being auctioned off. "

The situation the Watters are in is something the director of the Arizona Department of Housing is familiar with.
Michael Trailor says loan modifications are not going well in our state. "Most of the modification efforts today are ending in foreclosure," Trailor explains.

When President Barack Obama announced in February that Arizona would be getting $125 million to help with foreclosures, the Arizona Department of Housing decided its focus would be on modifications.

The Department of Housing thinks paying down the principle will be important so who will qualify? Trailer tells 3TV the following are the guidelines so far:
-60 behind on mortgage
-Personal responsibility
-Cannot exceed 120% of median income
In Maricopa County for a family of four that is just over $79,000.

Trailor says, “We would contribute an amount to buy down the principle as part of the modifications. They would pay back the money by staying in their homes over a period of time.”

That could mean a homeowner would have to stay in the house for five years. Trailer say he hopes to help as many as 4,000 people.

For families like the Watters, the help did not come soon enough. The government will not start accepting applications until sometime this summer.

50+ QUESTIONS FOR THE POOLS

1.     What is the name of the pool that the note was placed into

2.     What is the EIN of the pool

3.     Who actually acts in the capacity of Trustee in that they report and/or distribute funds

4.     What IRS Form is used to send an end of year tax statement to investors in the pool?

5.     How many parties are identified as trustees or fiduciaries in the formation of the pool.

6.     Same question but this time “in the operation of the pool.”

7.     Does the pool still exist

8.     Does the subject loan exist in the pool? How do you know that?

9.     Is the person answering these interrogatories personally familiar with the facts arising from the origination of the loan?

10.   Is the person answering these interrogatories personally familiar with the facts rising from the origination of the pool?

11.   Is the person answering these interrogatories personally familiar with the facts arising from the operation of the pool?

12.   When was the pool created? As what type of legal entity?

13.   when is the first time anything was filed with the IRS requesting or declaring REMIC status?

14.   What was the date cut-off date applicable under the REMIC statute?

15.   What was the cutoff date under the PSA?

16.   Was the subject loan transferred into the the pool before or after the cut-off date?

17.   If after, please describe the circumstances?

18.   Under what laws was the pool created

19.   What kind of entity is the pool?

20.   Is the Pool filing as qualified for REMIC status?

21.   When did it file for REMIC status

22.   What form was used to report to the IRS for the tax years 2006-present

23.   Is FANNIE an active Trustee? What are the duties of FANNIE and did it perform any of those duties.

24.   Identify the person at Fannie that is in charge of performing trust duties with respect to this pool, including name, status, address, telephone and email address. If the person has not been the same since inception of the pool, identify each person that was employed by FANNIE acting in support of the duties of FANNIE as a Trustee or fiduciary.

25.   Who was the underwriter of the Bonds that were offered to investors?

26.   IS FANNIE an owner in the pool

27.   Is FANNIE an owner of the pool

28.   Is FANNIE the owner of the subject loan

29.   IS the pool the owner of the subject loan

30.   Was ownership of the pool ever changed?

31.   Was ownership of the loans in the pool ever changed

32.   Was the ownership of the subject loan ever changed

33.   Identify all documents of transfer by which any party other than the originator claims to have acquired an interest in the subject loans with sufficient specify such that it would satisfy the requirements for a request to produce.

34.   Where are those documents

35.   Who are the people who actually have custody or control.

36.   Through what kind of account are payments, proceeds, receipts and distributions processed? Who is the owner of said accounts? What persons are signatories on said accounts? By whom are those persons employed? Do such employees operate according to a contract or manual? Where is that manual. Do they operate according to their employment contract? Who are the parties to said contract? Where is a copy of the employment contract? To whom do they report in FANNIE? Do they report to anyone else?

37.   What statements of distributions and receipts does FANNIE prepare?

38.   What statements of receipts or distributions does FANNIE send?

39.   To whom are statements sent?

40.   what is the EIN of Fannie? Does it have more than one EIN? Does it maintain multiple EIN for trusts for which it is the trustee? Does it have subsidiaries or affiliates?

41.   Identify the person or persons having possession of facts and reports showing all receipts and disbursements relative to the pool as reported to investors.

42.   Did the pool receive any benefits or proceeds from insurance or bailout, TARP, credit enhancements? When? How much?

43.   Has any inquiry been made as to whether third parties received such benefits from TARP, bailout, insurance or credit enhancements where such receipts were related tot eh status or claimed contents of the pool?

44.   If such proceeds were received by third parties relating to assets of the pool or the status of the pool, explain how those proceeds were reported to investors and how they are allocated as to each investor.

45.   If such an allocation as made tot he pool, and to the investors, explain how those proceeds were allocated toward the obligations of borrowers in loans contained in the pool

46.   If no such allocations were made, explain the legal reason why those proceeds were not used as  the basis for allocations to the pool, the investors and the borrowers.

47.   If no inquiry was made, explain why no such inquiry was made, who made the decision and whether there are any documents that can be identified with specificity that reflect the decision to refrain from such inquiry.

48.   Including all receipts and disbursements received by or on behalf of the pool, what is the balance due of the subject loan that is due to the investors and how did you compute it? Who did the computation? Where is this person and what is his/her address telephone number etc.

49.   Is the balance due to investors different than the balance claimed as due from the borrower? IF yes, explain why

50.   Has any settlement occurred between the pool, the trustees or servicers of the pool and the investors? When? What were the terms? What document reflects such settlement.