by Calculated Risk on 3/04/2009 06:19:00 PM

I'm back from my civic duty, and starting to read the newly released details of the Mortgage Modification Plan. The second mortgage sections are interesting.

This first reference to 2nd liens seems to be part of Home Affordable Refinance Program (Part I of the plan).

From the Making Home Affordable, Updated Detailed Program Description Fact Sheet

Second Liens: While eligible loan modifications will not require any participation by second lien holders, the program will include additional incentives to extinguish second liens on loans modified under the program, in order to reduce the overall indebtedness of the borrower and improve loan performance. Servicers will be eligible to receive compensation when they contact second lien holders and extinguish valid junior liens (according to a schedule to be specified by the Treasury Department, depending in part on combined loan to value). Servicers will be reimbursed for the release according to the specified schedule, and will also receive an extra $250 for obtaining a release of a valid second lien.

So the 2nd lien holder will have a choice: do nothing, or take some unspecified compensation to extinguish the 2nd.

Then there is this section that seems to be in Part II: Home Affordable Modification Program Housing Counselor Q&As:

What if the borrower has a second mortgage and would like to apply for a Home Affordable Modification?

Under the Home Affordable Modification program, junior lien holders will be required to subordinate to the modified loan. However, through the Home Affordable Modification an incentive payment of up to $1,000 is available to pay off junior lien holders. Servicers are eligible to receive an additional $500 incentive payment for efforts made to extinguish second liens on loans modified under this program.

Is that saying they will pay the 2nd holder up to $1000 under Part II?

Note: Part I is the section allowing homeowner with Fannie and Freddie held mortgages to refinance upto 105% LTV. This section makes sense since this lowers Fannie and Freddie's risk on loans they already own or guarantee. Under Part II the lender must bring the total monthly payments on mortgages to 38% of the borrowers gross income, and then the U.S. will match dollar for dollar from 38% down to 31% debt-to-income ratio for the borrower.