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United States General Accounting Office: 
GAO: 

Report to the Honorable Paul S. Sarbanes Chairman, Committee on 
Banking, Housing, and Urban Affairs, U.S. Senate: 

April 2002: 

Single-Family Housing: 

Opportunities to Improve Federal Foreclosure and Property Sale 
Processes: 

GA0-02-305: 

Contents: 

Letter: 

Results in Brief: 

Background: 

The Organizations Conduct Foreclosures within State and Federal 
Guidelines: 

FHA Property Custody Procedures Delay Maintenance and Marketing: 

FHA and VA Have Not Adequately Supported Title Insurance Policy 
Expenditures: 

Available Data Suggest FHA Takes Longer to Sell Foreclosed Properties: 

Conclusions: 

Recommendations: 

Agency Comments and Our Evaluation: 

Appendix I: Scope and Methodology: 

Appendix II: Comments from the Department of Housing and Urban 
Development: 

GAO Comments: 

Appendix III: Comments from the Department of Veterans Affairs: 

Tables: 

Table 1: FHA, VA, RHS, and Fannie Mae and Freddie Mac Foreclosures, 
2000: 

Table 2: The Organizations' Criteria for Initiating Foreclosures: 

Table 3: Comparison of the Organizations' Foreclosure Procedures: 

Table 4: FHA Servicer and Contractor Foreclosed Property Maintenance 
Responsibilities: 

Table 5: Three Large Servicers' Performance in Conveying FHA 
Foreclosed Properties to Contractors within 30 Days of Obtaining 
Property Possession, 2000 and 2001: 

Table 6: Average Number of Days Between Foreclosure and Property Sales 
in 2000: 

Figures: 
Figure 1: What Is Loss Mitigation? 

Figure 2: Overview of the Foreclosure Process: 

Figure 3: Comparison of the Organizations' Postforeclosure Sale
Property Responsibilities: 

Figure 4: Time Frame for FHA Servicers' Preservation and Protection 
Work: 

Figure 5: FHA Procedures for Exterior Debris Removal That Exceeds Cost 
Limits: 

Figure 6: Example of Delays Associated with FHA's Procedures for Work 
Exceeding Established Costs: 

Figure 7: Example of FHA Servicer/Contractor Dispute over Required 
Maintenance: 

Figure 8: Differences in FHA Debenture Interest Rate and Servicers' 
Cost of Funds, January 1980 through September 2001: 

Abbreviations: 

FHA: Federal Housing Administration: 

HUD: Department of Housing and Urban Development: 

IG: inspector general: 

MMI: Mutual Mortgage Insurance Fund: 

VA: Department of Veterans Affairs: 

RHS: Rural Housing Service: 

[End of section] 

United States General Accounting Office: 
Washington, DC 20548: 

April 17, 2002: 

The Honorable Paul S. Sarbanes: 
Chairman: 
Committee on Banking, Housing, and Urban Affairs: 
United States Senate: 

Dear Mr. Chairman: 

This report discusses opportunities to reduce the time necessary to 
sell foreclosed properties and minimize costs to the federal 
government. Federal programs in the Department of Housing and Urban 
Development's (HUD) Federal Housing Administration (FHA),[Footnote 1] 
the Department of Veterans Affairs (VA), and the Department of 
Agriculture's Rural Housing Service (RHS) promote mortgage financing 
for, among other groups, low-income, first-time, minority, veteran, 
and rural home buyers. Congress has also chartered Fannie Mae and 
Freddie Mac, which are private corporations, to facilitate mortgage 
lending and to promote homeownership opportunities. Although these 
programs have expanded homeownership opportunities in the United 
States, many homeowners fall behind in their mortgage payments each 
year due to unemployment, health problems, or the death of a provider. 
When home buyers fall behind on their mortgage obligations, FHA, VA, 
RHS, Fannie Mae, and Freddie Mac (the organizations) instruct mortgage 
servicers, typically large financial institutions, to assist the home 
buyers in bringing their mortgage payments current, because 
foreclosure proceedings can impose high costs on financial 
institutions and homeowners.[Footnote 2] Despite these efforts, in 
nearly 118,000 cases in 2000, the mortgage servicers engaged in 
foreclosure proceedings under the direction of the organizations. Once 
foreclosure proceedings have been completed, it is generally in the 
best interests of the organizations and communities that foreclosed 
properties are adequately maintained and resold as quickly as 
feasible. If foreclosed properties are not properly secured and 
maintained in a timely fashion, their condition can deteriorate, 
thereby resulting in lower sales prices, which could limit the federal 
government's ability to recover the costs that it incurs.[Footnote 3] 
In addition, vacant and poorly maintained foreclosed properties that 
are on the market for extended periods contribute to neighborhood 
decay. 

To respond to your request that we discuss foreclosure and property 
sale procedures, identify key differences in the federal programs that 
can delay or add costs to foreclosures and property sales, and measure 
the comparative performance of the organizations, we: 

* provided a general overview of the foreclosure process as 
established by state laws and organization procedures, 

* compared and contrasted the organizations' approaches to managing 
and selling foreclosed properties, 

* compared and contrasted the organizations' approaches to 
establishing title to foreclosed properties, and, 

* provided comparative data on the time that it takes the 
organizations to acquire and sell foreclosed properties and describe 
potential reasons for any differences in these time frames. 

To meet these objectives, we interviewed officials from the 
organizations, mortgage servicers, and law firms that specialize in 
foreclosures. We also reviewed state and federal statutes, the 
organizations' procedures and regulations, and reports on the 
foreclosure processes. We compared and contrasted the organizations' 
foreclosure and property sale procedures and identified procedures in 
federal programs that can add time and costs without clear, 
corresponding benefits. We also collected data on foreclosed property 
sale timelines from large servicers and the organizations. Appendix I 
provides a more detailed description of our scope and methodology. 

We conducted our work from June 2001 through January 2002 in 
accordance with generally accepted government auditing standards. 

Results in Brief: 

State laws establish the general framework for conducting 
foreclosures, and within this framework, the organizations have 
established specific foreclosure procedures that in some respects 
differ. State laws provide certain protections to homeowners who have 
fallen behind in their mortgages, such as requiring financial 
institutions to notify borrowers that they face foreclosure 
proceedings. Several states have also enacted "redemption" laws that 
provide homeowners a period of time to pay the funds necessary to 
reclaim their foreclosed properties. Several of the organizations' 
specific procedures for conducting foreclosures are different. For 
example, Fannie Mae and Freddie Mac believe it is cost-effective to 
encourage servicers to use specific law firms in certain states to 
conduct foreclosures, while FHA, VA, and RHS allow servicers to choose 
their own law firms. On the other hand, all of the organizations 
require servicers to complete foreclosure proceedings within time 
frames that can vary by state. 

FHA procedures can delay the initiation of critical steps necessary to 
preserve the value of foreclosed properties and to sell them quickly. 
While Fannie Mae, Freddie Mac, VA, and RHS designate one entity as 
responsible for the custody, maintenance, and sale of foreclosed 
properties,[Footnote 4] FHA divides these responsibilities between its 
mortgage servicers and management and marketing contractors, which 
operate largely independently of one another.[Footnote 5] We found 
that FHA's divided approach to foreclosed property custody can prevent 
the initiation of critical maintenance necessary to make properties 
attractive to potential buyers, such as the timely removal of all 
exterior and interior debris. In addition, FHA's divided approach 
delays the development of property marketing strategies and generates 
disputes between servicers and contractors. Because FHA's divided 
approach delays maintenance and other steps necessary to preserve the 
value and marketability of foreclosed properties, the properties may 
be sold at lower prices than would otherwise be the case. In this 
report, we make recommendations that would help FHA streamline its 
procedures, ensure prompt property maintenance and marketing 
strategies, and minimize foreclosure losses. 

FHA and VA together spent about $31.5 million in 2000 on new title 
insurance policies to help establish that they had clear title to 
foreclosed properties, while Fannie Mae, Freddie Mac, and RHS 
generally did not purchase new title insurance policies during the 
foreclosure process.[Footnote 6] Neither FHA nor VA collects data to 
determine the need for these expenditures. However, available 
information suggests that FHA and VA's annual expenditures on title 
insurance policies are not cost-effective. In 1995, the VA's Office of 
Inspector General issued a report that questioned whether VA's 
expenditures on title insurance offer value to the government, and VA 
has not implemented a policy designed to assess the cost-effectiveness 
of such expenditures.[Footnote 7] In addition, Fannie Mae, Freddie 
Mac, and RHS officials report few title-related problems when they 
sell foreclosed properties. We make recommendations that FHA and VA 
collect additional data and reevaluate the cost-effectiveness of their 
title insurance expenditures. 

Determining the organizations' comparative performance in selling 
foreclosed properties is difficult because FHA and RHS do not collect 
all of the data necessary to make such comparisons. However, on the 
basis of available data, we estimate that it takes about 55 days 
longer to acquire and sell FHA foreclosed properties than VA 
properties, and about 100 to 110 days longer to acquire and sell FHA 
properties than RHS, Fannie Mae, and Freddie Mac properties.[Footnote 
8] Several factors, such as FHA's divided approach to foreclosed 
property custody, likely contribute to FHA's comparatively slow 
performance. In addition, FHA's requirements for compensating 
servicers for their expenses may inadvertently provide them with 
financial incentives to take the maximum time permitted to complete 
the foreclosure process. We cannot estimate the amount of time each 
factor contributes to the time involved in selling FHA properties. We 
make recommendations that FHA and RHS collect the additional data 
necessary to better establish the time that it takes to sell 
foreclosed properties. 

We presented a draft of this report to officials from FHA, VA, RHS, 
Fannie Mae, and Freddie Mac for their review and comment. FHA and VA 
officials provided written comments while RHS, Fannie Mae, and Freddie 
Mac provided oral comments. The organizations' comments are described 
later in this report, and the FHA and VA written comments are 
reprinted in appendixes II and III, respectively. FHA, VA, and RHS 
officials agreed to implement the recommendations contained in this 
report. 

Background: 

Established by the National Housing Act of 1934, the FHA single-family 
mortgage insurance program helps low- and moderate-income families, 
minorities, and first-time home buyers become homeowners by providing 
insurance on single-family mortgage loans. The mortgage insurance 
allows private lenders to provide qualified borrowers with favorable 
mortgage terms, such as a 3-percent down payment, and generally 
compensates lenders for nearly all of the losses incurred on such 
loans. To support the program, FHA imposes up-front and annual 
mortgage insurance premiums on home buyers.[Footnote 9] FHA's single-
family mortgage program currently does not require a federal credit 
subsidy to operate.[Footnote 10] The Mutual Mortgage Insurance Fund 
(MMI), which supports this program, is required by law to contain 
sufficient reserves and funding to cover the estimated future payment 
of claims on foreclosed mortgages and other costs. FHA's current 
mortgage limits vary across the country from $261,609 in high-cost 
areas to $144,336 in low-cost areas. FHA uses management and marketing 
contractors to perform certain maintenance on foreclosed properties 
and to sell the properties to home buyers or investors.[Footnote 11] 

VA's mortgage loan program is an entitlement program that provides 
eligible veterans with housing benefits. The VA guaranty program 
allows mortgage lenders to extend loans to eligible veterans on 
favorable terms, such as a no-down-payment loan, and provides lenders 
with substantial financial protections against the losses associated 
with extending such mortgages. To help support the program, veterans 
are required to pay a funding fee of 1.25 to 3.0 percent of the loan 
amount. In addition, the program is financed by credit subsidy 
appropriations to the Veterans Housing Benefit Program Account. 

RHS operates a guaranteed loan program to help rural Americans with 
low and moderate incomes purchase single-family homes. The RHS 
guaranteed loan program does not require borrowers to make down 
payments or pay monthly mortgage insurance fees. To help offset losses 
to the government associated with providing financial protections to 
lenders who make RHS mortgages, RHS currently requires lenders to pay 
a guarantee fee of 2 percent of the mortgage principal loan amount, 
which they may pass on to borrowers. 

Fannie Mae and Freddie Mac are private corporations chartered by 
Congress to provide a continuous flow of funds to mortgage lenders and 
borrowers.[Footnote 12] To fulfill their responsibilities of 
stabilizing the nation's mortgage markets and expanding homeownership 
opportunities, Fannie Mae and Freddie Mac purchase mortgages from 
lenders across the country and package them into mortgage-backed 
securities. Most mortgages that Fannie Mae and Freddie Mac purchase 
are conventional mortgages (i.e., mortgages with no government 
mortgage insurance or guarantees). They purchase single-family 
mortgages up to the "conforming loan limit," which is now set at 
$300,700.[Footnote 13] Fannie Mae and Freddie Mac typically require 
mortgage insurance from private companies on any mortgage purchases 
with loan-to-value ratios that exceed 80 percent.[Footnote 14] Fannie 
Mae and Freddie Mac finance their mortgage purchases through borrowing 
or issuing mortgage-backed securities that are sold to investors. 

Mortgage servicers, such as large mortgage finance companies or 
commercial banks, typically service mortgages insured or guaranteed by 
FHA, VA, or RHS or purchased by Fannie Mae or Freddie Mac. Mortgage 
servicers do not necessarily finance the mortgages they service, but 
rather service mortgages for a fee on behalf of those entities that 
own mortgages, such as lenders, Fannie Mae, or Freddie Mac. Large 
servicers typically service FHA, VA, Fannie Mae, and Freddie Mac 
mortgages, and some service RHS mortgages. Mortgage servicing involves 
administrative activities such as collecting monthly mortgage 
payments, maintaining escrow accounts for property taxes and hazard 
insurance, and forwarding proper payments to purchasers of the loans. 
Mortgage servicers also are generally responsible for "loss 
mitigation" (see figure 1) and for conducting foreclosure proceedings. 
Table 1 shows the number of FHA, VA, RHS, Fannie Mae, and Freddie Mac 
foreclosures that were ongoing in 2000. 

Figure 1: What Is Loss Mitigation? 

[Refer to PDF for image: text box] 

Loss mitigation refers to attempts to avoid foreclosures, which can 
impose high credit and administrative costs on lenders and the 
organizations. Mortgage foreclosures also impose high costs on 
borrowers, who may lose their homes. When mortgage defaults rose in 
the mid-1980s, the mortgage industry aggressively sought to minimize 
the financial losses and trauma associated with foreclosures. The 
industry found that "workouts" (resolution short of foreclosure) are 
in the best interest of both the lender (or insurer/guarantor) and the 
borrower. Workout options can allow borrowers to remain in their 
homes. For example, a mortgage servicer with the approval of one of 
the organizations may suspend mortgage payments for several months for 
homeowners who are temporarily unemployed. In such situations, the 
servicer would generally add the missed mortgage payments to the 
balance of the mortgage loan. 

Source: GAO analysis. 

[End of figure] 

Table 1: FHA, VA, RHS, and Fannie Mae and Freddie Mac Foreclosures, 
2000: 

Organization: FHA; 
Number of foreclosed properties: 67,953[A]. 

Organization: VA; 
Number of foreclosed properties: 23,439[A]. 

Organization: RHS; 
Number of foreclosed properties: 2,575[B]. 

Organization: Fannie Mae and Freddie Mac; 
Number of foreclosed properties: 23,883[A]. 

Organization: Total; 
Number of foreclosed properties: 117,850. 

[A] Represents foreclosed properties transferred from servicers to the 
organizations in 2000. 

[B] Represents loss claims paid by RHS in 2000 for foreclosed 
properties. 

Sources: FHA, VA, RHS, Fannie Mae, and Freddie Mac. 

[End of table] 

Title insurance companies issue title insurance policies to protect 
purchasers and lenders against unknown defects of title or against a 
loss due to any lien or encumbrance that has not been disclosed when a 
property is purchased or acquired. Title policies typically cover such 
matters as defective or lost documentation, mistakes, 
maladministration, or forgery. In addition, title policies typically 
list exclusions from title coverage for certain defects of title. 

The Organizations Conduct Foreclosures within State and Federal 
Guidelines: 

State foreclosure laws establish the general framework and processes 
that the organizations and mortgage servicers must follow when 
foreclosing on defaulted mortgages. These state laws and the federal 
bankruptcy code establish protections for residents and minimum time 
frames for conducting foreclosures. Within the framework of applicable 
state and federal laws, the organizations have developed specific 
procedures for conducting foreclosures. 

State and Federal Laws Establish Foreclosure Rules: 

State foreclosure laws establish certain procedures that servicers 
must follow in conducting foreclosures and establish minimum time 
periods for various aspects of the foreclosure process (see figure 2). 
Under state laws, servicers are required to provide to borrowers and 
the public notices associated with the initiation of the foreclosure 
process. For example, servicers may be directed to mail a notice to 
the borrower, post a notice of the foreclosure on the affected 
property, and publish notice of the foreclosure in local newspapers. 
State laws also generally require servicers or public officials to 
conduct foreclosure sales. At the foreclosure sale, the servicer 
purchases the property by bidding the amount of the outstanding debt 
or the property fair market value.[Footnote 15] Then servicers, as 
described in this report, transfer or convey the properties to the 
organizations for sale or sell the properties themselves. 

Figure 2: Overview of the Foreclosure Process: 

[Refer to PDF for image: illustration] 

1) Borrower defaults on the mortgage; 

2) Initiation of foreclosure; 

3) Foreclosure sale; 

4) Redemption period (if state requires it); 

5) Eviction (if property not already vacant). 
		
Source: GAO analysis. 

[End of figure] 

Several states have enacted "redemption" laws that give borrowers the 
opportunity to match the winning bids from the foreclosure sale and 
reclaim their properties. During redemption periods, the organizations 
or servicers[Footnote 16] are generally not permitted to pursue 
additional foreclosure proceedings, such as evicting property 
residents or securing the properties. According to a Freddie Mac 
official, state redemption periods range from 10 days to 9 months. If 
properties are vacant, some state laws may permit the shortening of 
redemption periods and allow the organizations or servicers to take 
control of foreclosed properties. 

After foreclosure sales and applicable redemption periods, the 
organizations or servicers typically proceed with eviction proceedings 
if foreclosed properties are not already vacant. State laws generally 
govern eviction proceedings and provide certain protections to the 
residents of foreclosed properties. For example, state laws require 
servicers or the organizations to notify property residents before the 
initiation of an eviction lawsuit. For example, some states have 
notification periods that range from 3 to 7 days. 

Homeowners may also file for bankruptcy proceedings under federal law, 
a procedure that can extend foreclosure proceedings.[Footnote 17] 
Filing a bankruptcy petition automatically stays any pending or 
planned foreclosure proceedings. Generally, a foreclosure conducted in 
violation of the stay is void, and the lender can be liable for 
damages. Under certain conditions, courts may lift stays and allow 
foreclosure proceedings to resume. 

Comparison of the Organizations' Foreclosure and Property Sale 
Procedures: 

Within the framework of state and federal laws, the organizations have 
established procedures for initiating foreclosure proceedings, 
conducting foreclosures, and selling foreclosed properties to home 
buyers or investors. Some procedures differ, such as the 
organizations' criteria for initiating foreclosures, while others are 
similar. This section summarizes the organizations' foreclosure 
procedures, while two key differences--FHA's approach to foreclosed 
property custody and FHA and VA title evidence requirements-—are 
discussed more fully later in the report. 

Criteria for Initiating Foreclosures Differ: 

Table 2 shows the criteria that the organizations have established for 
initiating foreclosure proceedings. Fannie Mae and Freddie Mac direct 
their servicers to initiate foreclosure proceedings at earlier stages 
than FHA, VA, and RHS. According to Fannie Mae officials, while the 
organization directs servicers to proceed with foreclosure at an 
earlier stage than the government organizations, servicers are also 
required to continue pursuing loss mitigation efforts. Fannie Mae 
officials said that the organization directs foreclosures at an 
earlier stage to help minimize losses and because borrowers are more 
likely to be receptive to loss mitigation efforts when foreclosure is 
pending. Fannie Mae officials said that the simultaneous approach of 
loss mitigation and foreclosure proceedings is advantageous because it 
enables more borrowers to retain their homes and reduce losses in the 
event loss mitigation is not successful. Freddie Mac officials also 
stressed that loss mitigation efforts continue even after the 
initiation of foreclosure proceedings. A Freddie Mac official told us 
that in some cases the organization, servicers, and borrowers have 
worked out loss mitigation agreements on the date of foreclosure 
sales. FHA, VA, and RHS officials said that they have public missions 
and obligations to their customers, such as low-income Americans, 
veterans, and rural residents, and take additional time to initiate 
foreclosure proceedings. Like Fannie Mae and Freddie Mac, each of 
these organizations also encourage their servicers to continue 
pursuing loss mitigation efforts after the initiation of foreclosure 
proceedings. 

Table 2: The Organizations' Criteria for Initiating Foreclosures: 

Guidelines for initiating foreclosure proceedings: Maximum time to 
begin foreclosure as measured from the first missed mortgage payment; 
FHA: 210 days; 
VA: 210 days; 
RHS: 180 days; 
Fannie Mae: 105 days; 
Freddie Mac: 120 days. 

Sources: FHA, VA, RHS, Fannie Mae, and Freddie Mac. 

[End of table] 

The Organizations' Procedures for Conducting Foreclosures: 

able 3 summarizes the procedures that the organizations have 
established to conduct foreclosures. As shown in the first row of 
table 3, all of the organizations expect servicers to follow 
established foreclosure time frames, which can vary by state.[Footnote 
18] Organization officials said that they have analyzed the 
foreclosure laws and bankruptcy laws in each state and collected data 
on past foreclosure proceedings to determine how long it should take 
servicers to complete the foreclosure process in each state. The 
organizations may reward servicers financially for meeting or beating 
these deadlines and may impose financial penalties where servicers 
fail to meet the guidelines. For example, FHA generally does not 
compensate servicers for their interest expenses if they exceed the 
established deadlines.[Footnote 19] 

Table 3: Comparison of the Organizations' Foreclosure Procedures: 

Procedure: Time frames for completing foreclosures; 
FHA: Guidelines established by state; 
VA: Guidelines established by state; 
RHS: General guidelines established; 
Fannie Mae: Guidelines established by state; 
Freddie Mac: Guidelines established by state. 

Procedure: Foreclosure attorneys; 
FHA: Servicers select own attorneys; 
VA: Servicers select own attorneys; 
RHS: Servicers select own attorneys; 
Fannie Mae: Retained attorneys in certain states; use of attorneys is 
optional; 
Freddie Mac: Designated attorneys in 14 states; use of attorneys is 
required for some servicers; 

Procedure: Bidding at foreclosure sale; 
FHA: Total outstanding mortgage debt plus foreclosure expenses; 
VA: Property fair market value less expected foreclosure costs; 
RHS: No formal bidding instructions; may encourage bid of 85 percent 
of fair market value under certain conditions; 
Fannie Mae: Total outstanding mortgage debt plus foreclosure expenses; 
Freddie Mac: Lesser of 90-day fair market value[A] or total debt; bid 
can be as low as 90 percent of 90-day fair market value. 

[a] The 90-day fair market value assumes that the property will be 
sold relatively quickly and that no discounts in price will be 
necessary to facilitate the sale. 

Sources: FHA, VA, RHS, Fannie Mae, and Freddie Mac. 

[End of table] 

As shown in the second row of table 3, the organizations have 
developed differing approaches regarding the law firms that mortgage 
servicers use to conduct foreclosures. In certain states, Fannie Mae 
and Freddie Mac have identified law firms that are available to 
servicers in conducting foreclosures. Referred to as "retained" or 
"designated" attorneys, these law firms conduct all of the legal 
procedures related to foreclosures. Fannie Mae and Freddie Mac 
officials said that the designated attorneys have significant 
experience in foreclosure work and can ensure that the process is 
completed in the most efficient manner possible. VA, FHA, and RHS do 
not designate attorneys but rather permit servicers to choose the law 
firms that they will employ to carry out foreclosures. According to 
FHA, while the use of designated attorneys may be more efficient than 
allowing servicers to choose their own law firms, as a mortgage 
insurer FHA lacks the prerogative to designate attorneys for its 
servicers.[Footnote 20] 

Also, as noted in table 3, the organizations have established 
different bidding instructions for servicers at foreclosure sales. 
[Footnote 21] VA instructs servicers to bid the property fair market 
value less foreclosure expenses, while Freddie Mac[Footnote 22] 
instructs servicers to bid the outstanding debt on foreclosed 
properties or the fair market value. In some cases, the properties' 
fair market value may be less than the outstanding debt.[Footnote 23] 
While RHS does not require servicers to follow specific bidding 
instructions, the organization allows servicers to bid at 85 percent 
of the fair market value when the property value is less than the 
outstanding loan balance. According to organization officials, these 
instructions, by allowing bids below the outstanding debt or fair 
market value, are designed to encourage third parties such as 
investors to bid at foreclosure sales, thus permitting the 
organizations to avoid the costs associated with selling such 
properties. However, organization and servicer officials estimate that 
only about 3 to 5 percent of foreclosed properties are sold to third 
parties, because the properties are frequently occupied and investors 
are not allowed to inspect the properties unless they are vacant. 
[Footnote 24] Freddie Mac officials also said that bidding below a 
property's outstanding debt allows financial institutions to pursue 
deficiency judgments against defaulted borrowers.[Footnote 25] 

In contrast, Fannie Mae and FHA generally instruct servicers to bid 
the outstanding debt plus foreclosure expenses, an amount that may be 
significantly higher than the fair market value.[Footnote 26] Although 
Fannie Mae and FHA bidding instructions deter third-party bids and 
result in the organizations themselves selling the properties, 
officials said that the instructions were cost-effective. Fannie Mae 
and FHA officials said that the costs associated with enticing third-
party bids at foreclosure sales, such as the costs for conducting 
appraisals to determine fair market value, were not justified by the 
relatively low percentage of successful third-party bids. FHA 
officials said that they rarely pursue deficiency judgments because 
most defaulted borrowers have minimal, if any, recoverable assets. 

FHA Property Custody Procedures Delay Maintenance and Marketing: 

VA, RHS, Fannie Mae, and Freddie Mac follow a similar approach in that 
the organizations, or servicers in the case of RHS, have custody of 
and are responsible for maintaining foreclosed properties from the 
time of the foreclosure sale until the properties are sold to home 
buyers or investors. FHA, on the other hand, divides foreclosed 
property custody between its servicers and its management and 
marketing contractors from the time of the foreclosure sale until the 
property is sold to purchasers. FHA procedures (1) prevent the timely 
initiation of critical property maintenance and marketing, as is 
practiced by the other organizations; (2) can delay conveyance to FHA 
management and marketing contractors due to time-consuming procedures 
necessary to perform maintenance that exceeds established cost 
ceilings; and (3) result in disputes between FHA servicers and 
management and marketing contractors after property conveyance. 
Because of delayed property maintenance and marketing strategies, FHA 
may receive lower property sales prices than would otherwise be the 
case. FHA officials have recently considered proposals to streamline 
FHA's foreclosed property custody procedures. 

The Organizations' Approaches to Property Custody Differ: 

As shown in figure 3, Fannie Mae, Freddie Mac, and VA maintain unified 
custody of foreclosed properties from the time of the foreclosure sale 
until the properties are sold to home buyers or investors. Fannie Mae 
and Freddie Mac require servicers to convey properties to them within 
24 hours of foreclosure sales, while VA generally requires servicers 
to convey within 15 days.[Footnote 27] The organizations and their 
vendors or contractors are responsible for overseeing properties 
during redemption periods, evicting property residents, performing 
necessary property maintenance, and selling the properties. Although 
RHS's approach differs in that servicers never convey foreclosed 
properties, property custody is unified. RHS servicers are responsible 
for overseeing properties throughout the foreclosure process, 
maintaining the properties, and selling them. RHS establishes a 6-
month deadline for servicers to sell foreclosed properties, measured 
from the date of the foreclosure sale, and will generally not 
compensate servicers for any liquidation expenses incurred beyond the 
deadline.[Footnote 28] 

Figure 3: Comparison of the Organizations' Postforeclosure Sale 
Property Responsibilities: 

[Refer to PDF for image: illustration] 

Post Foreclosure Sale Process: 

Organization: Fannie Mae or Freddie Mac; 
Conveyance: Yes; 
Redemption: FM or FM; 
Eviction: FM or FM; 
Property maintenance: FM or FM; 
Property marketing and sale: FM or FM. 

Organization: VA; 
Conveyance: Yes; 
Redemption: VA; 
Eviction: VA; 
Property maintenance: VA; 
Property marketing and sale: VA. 

Organization: RHS; 
Conveyance: No; 
Redemption: RHS Servicer; 
Eviction: RHS Servicer; 
Property maintenance: RHS Servicer; 
Property marketing and sale: RHS Servicer. 

Organization: FHA; 
Conveyance: Yes; 
Redemption: FHA Servicer; 
Eviction: FHA Servicer; 
Property maintenance: FHA Servicer; Conveyance to FHA Contractor 
(overlapping maintenance duties); 
Property marketing and sale: FHA Contractor. 

Source: GAO analysis. 

[End of figure] 

In contrast, FHA divides property custody and maintenance 
responsibilities between its servicers and contractors, which operate 
largely independently of one another. FHA requires servicers to 
oversee properties during postforeclosure sale redemption periods, to 
evict residents if properties are occupied, and to perform critical 
maintenance on properties (also known as "preservation and 
protection").[Footnote 29] Under FHA procedures, servicers are to 
initiate preservation and protection work on the date that they obtain 
"possession and control" of the properties, typically the date that 
tenants are evicted or when the servicers determine that the property 
is vacant (see figure 4). Servicers have 30 days to complete the 
preservation and protection work, convey the properties to FHA's 
management and marketing contractors, and then file claims with FHA to 
recover the costs associated with the foreclosures. FHA typically 
reimburses servicers for the costs associated with performing 
preservation and protection work.[Footnote 30] 

Figure 4: Time Frame for FHA Servicers' Preservation and Protection 
Work: 

[Refer to PDF for image: illustration] 

1) Foreclosure sale; 

2) Redemption period (if applicable); 

3) Eviction (servicer has possession and control); 

4) 30-days preservation and protection; 

5) Conveyance to contractors. 

Source: FHA. 

[End of figure] 

The management and marketing contractors also have ongoing 
preservation and protection responsibilities that can overlap those of 
the servicers (see table 4). FHA pays the contractors a fee, generally 
ranging from 6 to 10 percent of the net sales price, as compensation 
for their work. FHA usually does not reimburse contractors for the 
costs of performing basic maintenance; they are generally expected to 
cover such costs from the fees that they earn for selling the 
properties.[Footnote 31] 

Table 4: FHA Servicer and Contractor Foreclosed Property Maintenance 
Responsibilities: 

Servicers' responsibilities: 

* Inspect the property every 30 days if it is occupied; 
* Maintain lawn; 
* Remove interior and exterior debris that poses a health and safety 
hazard; 
* Protect plumbing and other operating systems against damage from 
freezing; 
* Boardup properties; 
* Convey properties undamaged by fire, flood, earthquake, hurricane, 
or tornado (exceptions apply); 
* Perform other needed tasks. 

Contractors' responsibilities: 

* Inspect the property at conveyance; 
* Maintain lawn; 
* Remove interior and exterior debris that does not pose health and 
safety hazards; 
* Perform any protection and preservation neglected by servicers; 
* Perform other needed tasks. 

Source: FHA. 

[End of table] 

FHA's Divided Custody Prevents Timely Property Maintenance and Marketing
With unified property custody, Fannie Mae, Freddie Mac, RHS, and VA 
are able to develop comprehensive and timely strategies that can help 
sell foreclosed properties quickly. For example, Fannie Mae and 
Freddie Mac officials said that with unified custody they can ensure 
that properties are inspected routinely, vacant properties are 
immediately secured,[Footnote 32] all needed maintenance and repairs 
are initiated promptly, and marketing strategies are developed at an 
early stage. VA and RHS officials we contacted expressed similar views 
about the benefits of unified property custody. 

In contrast, by dividing responsibility between servicers and 
contractors, FHA procedures prevent the initiation of all maintenance 
necessary to protect foreclosed properties and sell them quickly. 
Rather, FHA procedures can prevent the initiation of critical 
maintenance until after servicers convey foreclosed properties to 
management and marketing contractors—up to 30 days or more after the 
possession and control date.[Footnote 33] Current FHA guidance does 
not require servicers to clean up exterior and interior debris left on 
properties unless it poses public health and safety risks. The 
presence of such nonhazardous debris (such as discarded furniture) for 
extended periods can reduce buyer interest in the properties and 
negatively affect neighborhoods. Property maintenance is further 
complicated by the fact that some local FHA offices require servicers 
to clean up all exterior debris, regardless of whether it is a hazard 
or not, while others require only hazardous debris removal. An FHA 
official we contacted said that FHA is working on regulations that 
will require servicers to remove all exterior debris. However, the FHA 
official said that the revised regulations will not require servicers 
to remove nonhazardous debris from property interiors. 

FHA procedures can also require a substantial amount of interpretation 
by servicers and management and marketing contractors. For example, 
servicers are required to determine whether debris left on foreclosed 
properties poses "immediate" health and safety risks and whether to 
remove such debris.[Footnote 34] If servicers determine that an object 
such as an abandoned vehicle does not pose an immediate health risk, 
they may decide to leave it on the property. An FHA official also said 
that since servicers are responsible for lawn maintenance but are not 
responsible for removing nonhazardous exterior debris, servicers would 
technically be within regulations to cut the grass around debris left 
on the properties. An FHA official said that FHA's new regulations 
will require servicers to remove exterior debris and cut the entire 
lawn. 

FHA's divided approach to property custody also prevents the immediate 
development of marketing strategies. Representatives from management 
and marketing contractors that we contacted said that they often do 
not learn about foreclosed properties until servicers convey the 
properties to the contractors, which could be months after the 
foreclosure sale. In contrast, VA, Fannie Mae, and Freddie Mac 
officials and RHS servicers can begin marketing strategies shortly 
after the foreclosure sale, since these organizations have established 
unified property custody procedures. 

FHA Has Time-Consuming Procedures for Reviewing Maintenance That 
Exceeds Established Cost Limits: 

FHA's divided approach to property responsibility and custody can also 
result in delays in conveyance when required preservation and 
protection work exceeds established cost ceilings. Fannie Mae, Freddie 
Mac, VA, and FHA have established locality-based cost ceilings for 
property maintenance.[Footnote 35] Although establishing controls over 
maintenance expenditures is important, FHA's procedures for reviewing 
such proposed expenditures are more formal and time consuming than 
those of the other organizations. 

Fannie Mae, Freddie Mac, and VA officials have extensive information 
about properties within days of foreclosure sales and can act in a 
coordinated fashion with vendors and contractors to review proposals 
to exceed established maintenance costs as quickly as is feasible. 
Fannie Mae and Freddie Mac officials said that in cases in which 
required maintenance exceeds established limits, vendors call the 
organizations or submit fax requests. According to Fannie Mae and 
Freddie Mac officials, their staffs work closely with their vendors 
and generally review and make final decisions on requests within 1 or 
2 days, frequently via E-mail or telephone call. A VA official said 
that its 46 district offices have maintenance cost guidelines that are 
set within prevailing local rates. According to the VA official, when 
contractors determine that maintenance will exceed established rates, 
they call VA officials or representatives for decisions, which are 
typically granted within a day or two. The VA official said that 
contractors are subsequently required to submit photographs or other 
evidence to support these expenditures and VA performs audits to 
assess the appropriateness of these costs. 

Because FHA servicers and contractors act largely independently of one 
another, rather than in a coordinated fashion, FHA maintains a 
comparatively formal and time-consuming system for reviewing property 
maintenance proposals that exceed established cost ceilings. FHA 
expects servicers to complete preservation and protection work, 
including work exceeding established cost limits, within the 30-day 
period between possession and control and property conveyance. 
Servicers must submit written proposals to management and marketing 
contractors for review, and FHA regional officials must approve such 
requests as well. FHA allows the management and marketing contractors 
10 days to review the servicers' requests and to respond in writing. 
[Footnote 36] If contractors fail to respond in writing within 10 
days, FHA regulations require servicers to follow up with the 
contractors until the servicers receive a written response. FHA, 
through its contractors, may also require servicers to obtain written 
bids from outside providers for work exceeding the established limits. 
For example, a senior FHA official said that servicers are required to 
obtain written bids when proposed removal of hazardous exterior debris 
removal exceeds established cost ceilings (see figure 5). 

Figure 5: FHA Procedures for Exterior Debris Removal That Exceeds Cost 
Limits: 

[Refer to PDF for image: illustration] 

1) Removal of exterior debris will exceed allowable expense. 

2) Servicer submits proposal and written bids to contractor. 

3) Approval: 
Yes: Servicer arranges for debris removal; 
No: Contractor designates another company to remove debris. 

Source: FHA. 

[End of figure] 

According to FHA servicer representatives we contacted, obtaining 
permission from management and marketing contractors to do maintenance 
that exceeds FHA's cost ceilings can delay conveyance. In some cases, 
servicer representatives said that the management and marketing 
contractors did not respond to their requests on a timely basis, 
potentially preventing them from completing necessary preservation and 
protection work within the 30-day deadline. We asked three large FHA 
servicers to provide data on their performance in conveying properties 
within the 30-day guidelines. Table 5 shows that these servicers 
conveyed properties within the deadlines less than 80 percent of the 
time on average in 2000 and 2001.[Footnote 37] 

Table 5: Three Large Servicers' Performance in Conveying FHA 
Foreclosed Properties to Contractors within 30 Days of Obtaining 
Property Possession, 2000 and 2001: 

Servicer: Servicer A; 
Percent of properties conveyed within 30 days, 2000: 78.5%; 
Percent of properties conveyed within 30 days, 2001: 81.6%. 

Servicer: Servicer B; 
Percent of properties conveyed within 30 days, 2000: 80.6%; 
Percent of properties conveyed within 30 days, 2001: 89.4%. 

Servicer: Servicer C; 
Percent of properties conveyed within 30 days, 2000: 70.2%; 
Percent of properties conveyed within 30 days, 2001: 67.5%. 

Servicer: Average; 
Percent of properties conveyed within 30 days, 2000: 76.4%; 
Percent of properties conveyed within 30 days, 2001: 79.5%. 

Source: FHA servicers. 

[End of table] 

Figure 6 provides an example of the types of delays that servicer 
representatives said can occur in attempting to obtain approval from 
management and marketing contractors to perform preservation and 
protection work that exceeds established cost limits. 

Figure 6: Example of Delays Associated with FHA's Procedures for Work 
Exceeding Established Costs: 

[Refer to PDF for image: text box] 

* A large servicer sent the FHA contractor a request on August 8, 
2001, to spend $3,750 to remove 375 paint cans on the property. 

* Two weeks later, the FHA contractor requested that the servicer send 
photographs of the paint cans on the property. The servicer sent the 
photographs 2 weeks after this request. 

* Within several days of receiving the photographs, the FHA contractor 
approved the removal of paint cans but limited the spending to $1,875 
not $3,750 as the servicer had originally requested. The FHA 
contractor argued that the work should only cost half the original 
request because two cans of paint could be carried at a time. 

* On the same day the servicer responded, pointing out that the cost 
was not necessarily for the labor of removing the paint cans but for 
disposal. The servicer also pointed out that the original request 
followed HUD guidelines, which allow $10 per gallon of paint. 

* The FHA contractor approved the original request of $3,750 on 
September 18, 41 days after the servicer first contacted the 
contractor. 

Source: FHA servicer. 

[End of figure] 

Management and marketing contractor representatives said they did not 
believe that timeliness was generally a problem, but added that 
sometimes servicers fail to provide required paperwork and that this 
can cause delays. FHA officials we contacted cited other factors as 
responsible for servicers' failure to convey all foreclosed properties 
within 30 days. The FHA officials said that some servicers lack the 
staff necessary to ensure that properties are maintained and conveyed 
in accordance with FHA standards. 

FHA Servicer and Contractor Disputes Occur after Property Conveyance: 

As shown in table 4, FHA's management and marketing contractors are 
responsible for performing certain preservation and protection work on 
conveyed properties, including work that servicers fail to complete. 
Servicer compliance with FHA standards for completing required 
preservation and protection work has been a source of continuing 
conflicts among FHA, contractors, and servicers. Senior FHA officials 
and several management and marketing contractor representatives that 
we contacted questioned servicer compliance with required preservation 
and protection work on conveyed properties and said that the failure to 
perform such work can negatively affect foreclosed property values and 
marketability.[Footnote 38] Representatives of several large FHA 
servicers that we contacted said that they generally perform 
preservation and protection work within established guidelines. 
[Footnote 39] Although FHA has instituted additional layers of review 
to ensure adequate property maintenance, FHA's divided approach to 
property custody will likely result in continuing conflicts. 

In March 2001, FHA instituted a program to improve servicer 
preservation and protection work that subsequently encountered 
significant implementation problems. FHA required its management and 
marketing contractors to identify neglected maintenance on conveyed 
properties and demand that servicers reimburse FHA for such work. 
[Footnote 40] As a result of this program, management and marketing 
contractors issued hundreds of "demand letters" to servicers requiring 
refunds within 10-day deadlines. In many cases, servicer 
representatives we contacted said that the management and marketing 
contractors (1) failed to provide the demand letters until the 
expiration of the 10-day deadline or later, (2) demanded refunds to 
FHA on properties that had been conveyed as long as 2 years prior to 
the date of the letter, and (3) required refunds for maintenance that 
is not the servicers' responsibility. Figure 7 provides an example of 
a dispute between an FHA servicer and a management and marketing 
contractor. 

Figure 7: Example of FHA Servicer/Contractor Dispute over Required 
Maintenance: 

[Refer to PDF for image: text box] 

* The FHA contractor sent a letter to a large servicer on October 18, 
2001, demanding a refund of $135 to FHA that the servicer had claimed 
for mowing the lawn. The FHA contractor reasoned that the servicer did 
not comply with FHA's guidelines for cutting grass, including cutting 
grass twice a month between April and October and maintaining a 
maximum length of 2 inches. The FHA contractor enclosed photographs it 
had taken on the day of inspection as proof that the length of the 
grass failed to meet FHA guidelines. 

* Having received no response from the servicer, the FHA contractor 
sent another letter 10 days later, again demanding a $135 refund. 

* Within 3 days of this second letter, the servicer responded, 
asserting that the grass was cut on August 15-39 days prior to 
conveyance. The servicer also enclosed photographs along with its 
dispute letter. 

* Four days later, the FHA contractor sent the servicer a final 
notification, rejecting the servicer's claim and stating that the 
servicer's photographs did not prove that grass cutting met FHA 
guidelines at the time of conveyance. 

* Two days later on November 7, the servicer forwarded the case to FHA 
for review. 

Source: FHA. 

[End of figure] 

A senior FHA official acknowledged that the program experienced 
significant implementation problems and said that revised procedures 
have been initiated. According to the official, FHA did not provide 
the contractors with adequate training on the types of maintenance 
deficiencies for which contractors could demand refunds from 
servicers. FHA has taken several steps to help clarify procedures and 
resolve disputes between contractors and servicers: 

* FHA servicers can appeal contractor demand letters to the local 
regional office and subsequently to HUD's National Servicing Center in 
Oklahoma City for a final decision. 

* FHA is in the process of drafting additional guidance to management 
and marketing contractors that will clarify the circumstances under 
which the contractors can demand refunds from servicers on neglected 
preservation and protection work. 

* FHA has instituted a pilot program in which independent inspectors 
examine properties at the time servicers obtain possession and 
control, which will allow FHA to identify damage caused by occupants 
and note preservation and protection work that must be completed prior 
to conveyance. (FHA officials said that in fiscal year 2002 inspectors 
will review about 250 properties and noted that there are plans to 
expand the program to 6,000 properties by the latter part of fiscal 
year 2003.) 

Despite FHA's recent initiatives, divided custody will likely continue 
to generate disputes between servicers and management and marketing 
contractors. Continued disputes are likely between servicers and 
management and marketing contractors due to the complexities of FHA's 
property maintenance procedures.[Footnote 41] FHA's appeals process 
and preconveyance inspection program provide opportunities to resolve 
disputes between servicers and contractors. However, these initiatives 
add layers of oversight and review to FHA's foreclosure and property 
sale processes, at FHA's expense, that are not present at the other 
organizations, which have established unified property custody. 
[Footnote 42] 

Delayed Maintenance and Marketing Could Increase FHA's Foreclosure 
Losses: 

By delaying the initiation of critical maintenance and marketing and 
generating disputes between servicers and contractors, FHA's divided 
property custody approach can place financial demands on the 1VEVII. 
To the extent that property values deteriorate as a result of such 
factors as debris left on properties for extended periods or lawns 
left uncut due to disputes between servicers and contractors, the 
properties may sell for lower prices than would otherwise be the case. 
As a result of lower property sales prices, FHA would recover less of 
what it had already paid in claims to servicers. That is, revenues 
flowing into the 1VEVII would be lower than would otherwise be the case.
	
FHA Has Considered Proposals to Establish Unified Property Custody: 

During 2000 and 2001, FHA considered proposals to revise procedures 
and establish unified property custody and thereby help ensure prompt 
maintenance and marketing strategies necessary to preserve property 
values. Two large servicers made proposals to FHA under which the 
servicers would sell foreclosed properties rather than conveying them 
to management and marketing contractors. The servicers proposed to 
clean up all debris on foreclosed properties immediately and develop 
strategies to market the properties at an earlier stage than was 
currently the case. One large servicer estimated that its proposal 
would shorten the sales time on FHA foreclosed properties by about 59 
days and save FHA approximately $18 million annually.[Footnote 43] In 
addition, a senior FHA official said that FHA has considered 
implementing a pilot program under which management and marketing 
contractors would assume responsibility for foreclosed properties 
earlier in the process, perhaps as early as the foreclosure sale. 
Although FHA officials said that they were supportive of proposals to 
establish unified property custody, they have not established firm 
time frames to test their feasibility. A senior FHA official said that 
FHA and HUD must first resolve outstanding legal and contractual 
issues before the proposals can be tested. More recently, FHA has 
proposed a pilot program in which servicers would assign mortgages to 
FHA rather than completing the foreclosure process and conveying the 
properties to management and marketing contractors. FHA would then 
sell the defaulted notes to the private sector for servicing and/or 
sale, thereby permitting one entity to control both the foreclosure 
and property sale processes.[Footnote 44] FHA officials said that the 
program will likely reduce but not eliminate the number of properties 
that the organization acquires through foreclosure proceedings and 
becomes responsible for selling. 

FHA and VA Have Not Adequately Supported Title Insurance Policy 
Expenditures: 

FHA and VA together spent approximately $31.5 million in 2000 
reimbursing servicers for the costs associated with purchasing title 
insurance policies, which are used to help establish that the 
organizations have title to foreclosed properties that have been 
conveyed and can be resold to home buyers or investors.[Footnote 45] 
In contrast, Fannie Mae, Freddie Mac, and RHS do not reimburse 
servicers for the purchase of new title insurance policies and report 
few title-related problems in selling their foreclosed properties. FHA 
and VA do not collect adequate data to determine whether their 
expenditures on title insurance policies are cost effective. 

The Organizations' Approaches to Title Insurance Policies Differ: 

Although title insurance policies can provide protection against 
certain title defects to borrowers—and their lenders—when new 
mortgages are originated, Fannie Mae, Freddie Mac, and RHS have 
determined that new title policies are not necessary during the 
foreclosure process.[Footnote 46] Fannie Mae and Freddie Mac officials 
that we contacted said that servicer foreclosure attorneys are 
responsible for identifying parties and resolving title issues prior 
to the foreclosure sales. Organization officials said that the 
foreclosure sales typically resolve the vast majority of title issues. 
The officials also said that they do not purchase new title insurance 
policies at conveyance.[Footnote 47] Fannie Mae and Freddie Mac 
officials said that the organizations may reconvey foreclosed 
properties to servicers if serious title problems arise, but that such 
cases are very rare. Similarly, RHS does not require servicers to 
purchase title insurance policies at foreclosure sales,[Footnote 48] 
and RHS officials said that serious title-related problems are rare. 

FHA and VA statutes provide the organizations with discretion in 
establishing what constitutes acceptable evidence of title. Although 
FHA and VA have established several potential forms of evidence of 
title, title insurance policies are the de facto standard. FHA and 
servicer officials said that it is the standard practice for servicers 
to purchase title insurance policies, which cost about $500,[Footnote 
49] and that FHA reimburses the servicers for two-thirds of the costs 
of these policies. According to a VA official, each of VA's 46 field 
offices has the authority to determine acceptable evidence of clear 
title, and available evidence suggests that the majority of VA 
district offices require title insurance. For example, we contacted a 
judgmental sample of seven VA district offices nationwide and found 
that six require title insurance policies at conveyance.[Footnote 50] 
VA reimburses servicers for the full costs associated with these 
policies. FHA also typically provides financing for new title 
insurance policies when its foreclosed properties are sold to home 
buyers or investors, while some VA offices may provide similar 
financing.[Footnote 51] 

FHA and VA officials said that title insurance policies provide an 
extra level of assurance that the organizations have title to 
foreclosed properties. As discussed below, however, FHA and VA 
officials are reconsidering the cost-effectiveness of their title 
insurance policy expenditures. 

FHA and VA Do Not Collect Data to Support the Need for Title Insurance 
Expenditures: 

Although FHA and VA generally expect servicers to purchase new title 
insurance policies as evidence of title, they do not collect data 
necessary to support these expenditures. An FHA official said that FHA 
does not collect data on the number of times that title policies are 
invoked during the foreclosure process, although the official said 
this rarely happens. Several management and marketing contractor 
representatives that we contacted also said that they do not collect 
data on how often FHA title insurance policies are invoked after 
conveyance. However, the contractor representatives also said that 
title insurance policies were rarely if ever needed during the 
foreclosed property sale process. 

Senior FHA officials said that they were not certain whether the costs 
associated with purchasing title insurance policies were justified and 
were considering revising these policies. FHA officials also stated 
that the state foreclosure laws require servicers' attorneys to 
conduct title searches[Footnote 52] to ensure that all parties may be 
notified and the foreclosure properly conducted.[Footnote 53] These 
title searches are conducted prior to the foreclosure sale, and FHA 
compensates servicers for the costs associated with these title 
searches. FHA officials stated that the title insurance policies that 
servicers subsequently purchase are based on the same title searches. 
Therefore, the FHA officials stated that the title insurance policies 
offer questionable additional value. We note that two large servicers 
have made proposals to sell foreclosed properties for FHA, rather than 
conveying them to management and marketing contractors. The servicers 
proposed to sell FHA properties without obtaining new title insurance 
policies. 

VA officials have not implemented the recommendations in a 1995 VA 
inspector general (IG) report[Footnote 54] that questioned the cost-
effectiveness of the department's title insurance policy expenditures. 
Although VA began to encourage servicers to purchase title insurance 
policies in 1989 to facilitate title reviews on foreclosed properties, 
the IG report concluded that the policies did not meet this objective. 
The VA IG report found that title defects were rare and could 
generally be easily corrected by VA staff. The report also found that 
VA paid about $23.9 million in title insurance premiums in fiscal 
years 1992 through 1994, but would have paid only about $121,169 to 
correct title defects if it had "self-insured" (i.e., paid to resolve 
these title defects) during the same period. The IG report recommended 
that VA work with foreclosure attorneys to ensure that foreclosures 
produce adequate evidence of title and discourage the purchase of 
title insurance policies. VA agreed in 1995 to direct its district 
offices to review their title evidence requirements annually and to 
document that new title insurance policies are cost effective in 
establishing title. 

Despite this 1995 VA policy, five of the six VA offices we contacted 
that encourage the purchase of title insurance policies at conveyance 
could not produce the required memorandum on cost-effectiveness. One 
VA district office produced a memorandum, which merely stated that it 
would be cost effective to encourage the purchase of title insurance 
policies to facilitate title reviews. However, an official at the VA 
district office in Houston, which does not require a new title 
insurance policy as evidence of title, said that its servicers 
generally provide a copy of a title search, which costs about $75, as 
evidence of title. The VA official said that title searches save time 
and money associated with obtaining new title policies and that the 
office rarely encounters title problems when selling foreclosed 
properties to home buyers or investors. 

Because they do not collect additional data on the cost-effectiveness 
of title requirements, VA and its district offices cannot determine 
whether similar strategies to lower the costs of purchasing title 
insurance policies could be used successfully. According to VA 
officials, they are in the process of reviewing their approach to 
foreclosed property management. As part of this review, VA officials 
said that they are reviewing the cost-effectiveness of the 
organization's title insurance expenditures. VA officials said that 
they expect to make a decision regarding whether to continue expending 
funds on title insurance policies by early in calendar year 2003. 

Available Data Suggest FHA Takes Longer to Sell Foreclosed Properties: 

Determining the organizations' comparative performance in selling 
foreclosed properties is difficult because FHA and RHS do not collect 
all of the data necessary to do so.[Footnote 55] On the basis of 
available data, we estimate that it takes about 55 to 110 days longer 
to sell foreclosed FHA properties than is the case for the other 
organizations. We note that it is also difficult to determine the 
extent to which FHA's divided approach to foreclosed property custody 
contributes to FHA's comparatively slow performance. Other factors, 
such as FHA's approach to compensating servicers for their foreclosure 
expenses, may also play a role. Under certain conditions, FHA may 
inadvertently provide servicers with financial incentives to use the 
maximum allotted time to complete the foreclosure process. 

	
FHA and RHS Do Not Collect Data on the Time Used To Sell Foreclosed 
Properties: 

Fannie Mae, Freddie Mac, and VA[Footnote 56] collect data on the time 
that it takes to sell foreclosed properties from the date of the 
foreclosure sale until the properties are sold to home buyers or 
investors. Although FHA does collect data on the time foreclosed 
properties are in management and marketing contractors' inventory 
(from the date servicers convey properties to the contractors until 
the date they are sold to home buyers or investors), this period 
represents only a portion of the entire postforeclosure sale timeline. 
[Footnote 57] The data FHA collects does not measure the time that 
servicers have custody of properties, including the redemption, 
eviction, and preservation and protection periods. An RHS official 
said that RHS currently does not maintain centralized and automated 
data on the time that it takes their servicers to sell properties, 
from the time of the foreclosure sales until properties are 
sold.[Footnote 58] 

Senior FHA and RHS officials told us that they plan to collect 
additional data. As discussed earlier, FHA officials said that they 
plan to conduct preconveyance inspections on about 250 properties in 
fiscal year 2002 and hope to expand the program in the future to 
include as many as 6,000 properties by the latter part of fiscal year 
2003. As part of these inspections, FHA officials said that they plan 
to collect information on property foreclosure sales dates. The FHA 
officials said that they would use the information to help assess 
servicer performance. Beginning in fiscal year 2002, RHS officials 
said servicers will report on the time necessary to sell their 
foreclosed properties. RHS officials said that collecting the data in 
a centralized and accessible manner would allow them to better monitor 
servicer performance. RHS officials expect the automated system to be 
in place by February 2003. 

Available Data Suggest FHA Foreclosed Property Sales Performance Is 
Comparatively Slow: 

Table 6 provides available data on the time that elapsed in acquiring 
and selling FHA, VA, RHS, Fannie Mae, and Freddie Mac foreclosed 
properties in 2000, and the data indicates that FHA properties took 
the longest to sell, at 292 days. Although the Fannie Mae, Freddie 
Mac, and VA data are more comprehensive, we had to collect data and 
estimate comparable time frames for FHA and RHS. We collected state-by-
state averages of the number of days from the foreclosure sale until 
property conveyance from four large servicers. We then added these 
data to data provided by FHA on the average number of days that it 
takes management and marketing contractors to sell foreclosed 
properties.[Footnote 59] 

Table 6: Average Number of Days Between Foreclosure and Property Sales 
in 2000: 

Organization: FHA; 
Days in inventory: 292[A]. 

Organization: VA; 
Days in inventory: 237[B]. 

Organization: RHS; 
Days in inventory: 196[C]. 

Organization: Fannie Mae and Freddie Mac; 
Days in inventory: 180[D]. 

[A] Based on data provided by four large FHA servicers on the average 
time from foreclosure sale until properties are conveyed to management 
and marketing contractors. These servicers initiated about 30 percent 
of all FHA foreclosures in 2000. The resulting servicer average was 
combined with data provided by FHA on the average number of days that 
management and marketing contractors take to sell foreclosed 
properties. 

[B] VA data include the time from the date VA receives custody of the 
property until the property is sold. VA requires servicers to convey 
within 15 days of foreclosure sales, although servicers have financial 
incentives to convey as soon after the foreclosure sale as possible. 

[C] Based on data provided by the two largest RHS servicers. 

[D] Represents a simple average for the two organizations. 

Sources: Four large FHA servicers, FHA, VA, the two largest RHS 
servicers, Fannie Mae, and Freddie Mac. 

[End of table] 

We also contacted the two largest RHS servicers,[Footnote 60] and they 
provided data on the time their staffs took to sell foreclosed 
properties, as measured from the foreclosure sale until the properties 
were sold to home buyers or investors. 

Servicer Compensation Requirements May Inadvertently Provide Financial 
Incentives to Take the Maximum Time Allotted to Complete the 
Foreclosure Process: 

While FHA's divided approach to foreclosed property custody likely 
contributes to the length of time needed to sell FHA properties, other 
factors may contribute as well. We could not, however, determine the 
amount of time each factor contributes to FHA's lengthy foreclosure 
sale to property sale process. These other contributing factors may 
include the strength of real estate markets and FHA's sale of 
foreclosed properties to nonprofit organizations.[Footnote 61] In 
addition, the compensation that FHA is required to provide to 
servicers may help explain the comparatively long period that it takes 
to sell FHA's foreclosed properties.[Footnote 62] Potentially, FHA's 
process for compensating servicers for expenses associated with 
foreclosures inadvertently provides servicers with financial 
incentives to take the maximum time that FHA allows to complete 
foreclosure proceedings. 

Servicers typically use borrowed funds to finance the payment of 
outstanding debt on mortgages in the process of foreclosure.[Footnote 
63] When servicers bid on properties at foreclosure sales, they 
continue to use borrowed funds to finance the recovered properties. 
Servicers pay interest on these borrowings, which is referred to as 
the cost of funds, until they file claims with FHA when properties are 
conveyed. FHA compensates servicers for their interest expenses at 
what is known as the debenture interest rate, which is set slightly 
below the rate at which the foreclosed mortgages were originated. We 
found that the difference between the servicers' cost of funds, and 
the debenture interest rate that these servicers receive, can be 
significant.[Footnote 64] Our analysis shows that, from 1985 through 
the first half of 2001, the FHA debenture rate average consistently 
exceeded the cost of funds (see figure 8). In September 2001, during a 
period of declining interest rates, the difference between this 
average rate and the cost of funds was about 4.5 percentage points. 
Given that FHA's compensation system provides servicers with a 
potentially significant profit, these servicers appear to have 
financial incentives to take the maximum time allotted to complete 
foreclosure proceedings. 

Figure 8: Differences in FHA Debenture Interest Rate and Servicers' 
Cost of Funds, January 1980 through September 2001: 

[Refer to PDF for image: multiple line graph] 

Graph plots Prior 4- to 7-year debenture rate average and 3-month 
commercial paper rate (monthly average rate) as a percentage for the 
time period of 1980 through 2001. 

Source: Federal Reserve Board and FHA. 

[End of figure] 

Conversely, Fannie Mae, Freddie Mac, and VA servicers do not receive 
any interest after foreclosure sales because they convey properties 
immediately after the foreclosure sales. Therefore, Fannie Mae, 
Freddie Mac, and VA bear the interest costs associated with holding 
properties themselves and have financial incentives to complete 
proceedings and sell properties as quickly as possible. We note that 
RHS's compensation system for servicers is similar to that of FHA and 
may provide its servicers with financial incentives to take the 
maximum time allotted to complete foreclosure and property sale 
proceedings.[Footnote 65] However, RHS has also set strict deadlines 
for servicers to complete foreclosure proceedings and sell properties. 
RHS generally requires servicers to sell properties within 6 months of 
foreclosure sales and will not pay any interest on loss claims beyond 
that date. As noted earlier, FHA has established time frames for 
servicers to complete foreclosure proceedings and will not pay 
interest expenses if servicers exceed these guidelines. The FHA 
guidelines are not directly comparable to the RHS guidelines because 
FHA servicers are not required to sell properties. 

Conclusions: 

FHA's divided approach to foreclosed property custody is inefficient, 
delays critical maintenance and marketing necessary to preserve 
property values, results in disputes between servicers and 
contractors, and likely contributes to the lengthy period of time that 
available data suggest it takes to sell FHA properties. As a result of 
the inefficiencies in FHA procedures, the organization maintains or 
has initiated several complex layers of oversight, such as an appeals 
process and preconveyance inspections, to ensure that properties are 
properly maintained. FHA officials have appropriately considered 
alternative procedures to establish unified property custody, but have 
not yet implemented pilot programs to test their feasibility. Although 
unified property custody would streamline FHA's procedures, it need 
not come at the expense of current FHA policies that encourage 
servicers to pursue loss mitigation, and it need not result in 
foreclosure proceedings being initiated faster than is currently the 
case. Nor would unified custody affect state and federal laws that 
provide protections to homeowners. If properly designed, unified 
custody procedures would have built-in financial incentives that 
preserved foreclosed property values and resulted in faster sales to 
the benefit of the MMI and to neighboring communities. 

FHA and VA cannot provide information on either the costs of 
purchasing title insurance policies during the foreclosure process or 
their benefits. We estimate that FHA and VA spent $31.5 million on new 
title insurance policies in 2000. We also found that the limited 
evidence that is available suggests purchasing new title policies is 
not cost-effective and that less expensive options may be available. 
In particular, the VA IG report[Footnote 66] questioned the cost- 
effectiveness of title insurance policies, and management and 
marketing contractor representatives we contacted reported few if any 
instances when title policies were necessary. Further, Fannie Mae, 
Freddie Mac, and RHS do not encourage servicers to purchase new title 
insurance policies during foreclosures and report few title-related 
problems. 

FHA and RHS do not collect data necessary to measure the time that 
elapsed in acquiring and selling foreclosed properties. Specifically, 
neither organization collects data on the foreclosure sales date. 
Without such data, the organizations cannot assess the performance of 
servicers in fulfilling their obligations in either managing or 
selling foreclosed properties. FHA officials stated that collecting 
the foreclosure sale date would be helpful in measuring the 
performance of servicers in completing foreclosure sales and in 
obtaining control of properties. Likewise, RHS officials have stated 
that collecting such data would be useful in measuring servicer 
performance in selling properties. Both organizations plan to collect 
data on foreclosure sales dates. Collecting such data should not pose 
an undue burden on FHA and RHS servicers, given that we were able to 
collect it from several large servicers. 

Recommendations: 

* To provide for the most effective acquisition and sale of FHA's 
foreclosed properties, we recommend that the secretary of the 
Department of Housing and Urban Development (HUD) establish unified 
property custody as a priority for FHA. The HUD secretary should 
determine the optimal method of unified property custody. That is, the 
HUD secretary should determine the method of unified custody that best 
ensures FHA borrowers continuing benefits from loss mitigation and 
homeowner protections under state and federal laws, provides 
appropriate incentives for limiting the time and expense of acquiring 
and selling properties, and ensures that properties are maintained to 
the benefit of the FHA insurance fund and communities. The HUD 
secretary should then implement the optimal method for establishing 
unified custody. If this optimal method requires additional statutory 
authority, the HUD secretary should seek it. 

* We also recommend that the HUD secretary and the secretary of the 
Department of Veterans Affairs (VA) immediately assess the cost-
effectiveness of their expenditures on title insurance purchases. The 
HUD secretary and VA secretary should revise these policies if the 
costs of purchasing these title insurance policies are not clearly 
justified by their benefits and less expensive alternative means of 
establishing title are available. 

* Finally, to improve the quality of information available to FHA and 
RHS on the time necessary to sell foreclosed properties, we recommend 
that the HUD secretary and the secretary of the Department of 
Agriculture collect additional data from their servicers. 
Specifically, the HUD secretary should collect data on foreclosure 
sales dates, and the secretary of agriculture should collect data on 
foreclosure sales dates and the dates that foreclosed properties are 
sold to home buyers or investors, and maintain this data in a format 
that is easily accessible by RHS managers. 

Agency Comments and Our Evaluation: 

We obtained written comments on a draft of this report from FHA and VA 
officials. The written comments are presented in appendixes II and BI, 
respectively. In addition, we sought and obtained further 
clarification of FHA's written comments from a senior FHA official. 
RHS, Fannie Mae, and Freddie Mac officials chose to provide oral 
comments on a draft of the report. All of the organizations provided 
technical comments, which have been incorporated into the final report 
as appropriate. 

FHA agreed with our recommendations to establish unified property 
custody as a priority, assess its title insurance policy expenditures, 
and collect additional data. First, FHA stated that unified custody 
could streamline processes and oversight, reduce holding time, and 
increase the net return on the sale of foreclosed properties. FHA also 
stated that there were statutory explanations for the current divided 
approach to foreclosed property custody, and that statutory changes 
are necessary to implement specific approaches to unified custody. FHA 
stated that it would continue research to determine the feasibility of 
unified custody within the framework of existing statutes and to 
identify regulatory and contractual issues that would be necessary to 
facilitate such a change. Further, FHA stated that it would explore 
statutory changes that could increase the efficiency of its property 
sale program. Second, FHA agreed that its expenditures on title 
insurance policies during the foreclosure process add questionable 
value. FHA stated that it is reviewing these expenditures and has 
begun to investigate alternative approaches. Third, FHA stated that it 
agreed with our recommendation to collect data from all servicers on 
foreclosure sales dates, although it may take a year or more to 
implement the recommendation for several reasons, such as the need to 
change computer systems. We believe that collecting data on 
foreclosure sales dates is crucial for FHA to assess servicer 
performance in managing foreclosed properties and in assessing the 
various approaches to establishing unified property custody. 

VA agreed with the report's conclusions and the recommendation that 
the organization immediately assess the cost-effectiveness of its 
expenditures on title insurance policies. VA said that it would review 
its title insurance expenditures as part of its ongoing analysis of 
its loan-guaranty related business processes and policies. VA expects 
to complete this review early in calendar year 2003. 

RHS stated that it agreed with our recommendation that the 
organization collect data on foreclosure sales dates and the dates 
that foreclosed properties are sold to home buyers or investors, and 
it also agreed that the data be maintained in a format that is easily 
accessible by RHS managers. 

RHS said that it has plans to collect the additional data and is in 
the process of developing a comprehensive, fully automated system that 
will be used to support both payment and monitoring of loss claims. 
RHS estimates that the automated system will be in place by February 
2003. 

Fannie Mae and Freddie Mac officials said that the draft report 
accurately portrayed their foreclosure, property sale, and data 
collection programs. 

As agreed with your offices, unless you publicly release its contents 
earlier, we plan no further distribution of this report until 30 days 
after its issuance date. At that time, we will send copies of this 
report to the Ranking Minority Member of the Senate Committee on 
Banking, Housing, and Urban Affairs and other interested members of 
Congress and congressional committees. We will also send copies to the 
HUD secretary, the VA secretary, the secretary of agriculture, the 
chief executive officer of Fannie Mae, and the chief executive officer 
of Freddie Mac. We will also make copies available to others upon 
request. 

Please contact me or Mathew J. Scire at (202) 512-6794 if you or your 
staff have any questions concerning this report. Key contributors to 
this report were Andrew E. Finkel, Diana Gilman, Rachel DeMarcus, Jill 
M. Johnson, Kyong H. Lee, Wesley M. Phillips, Barbara M. Roesmann, and 
Richard Vagnoni. 

Sincerely yours, 

Signed by: 

Davi M. D'Agostino: 
Director: 
Financial Markets and Community Investment: 

[End of section] 

Appendix I: Scope and Methodology: 

To provide information on state foreclosure laws and compare the 
organizations' procedures, we interviewed officials from the 
organizations, mortgage servicers, FHA management and marketing 
contractors, law firms that specialize in foreclosures, the Mortgage 
Bankers Association, the American Land Title Association, and Mortgage 
Insurance Companies of America. We also contacted other experts in 
housing market finance and foreclosures and three banks in the Boston 
area that hold mortgages in their portfolios and manage foreclosures 
and property sales. We reviewed relevant rules and regulations 
provided by the organizations, reports and studies, state and federal 
statutes pertaining to foreclosures, and statistics on mortgage 
defaults and foreclosures. We also developed summaries of the 
organizations' foreclosure and property sale procedures. 

To identify the effects of FHA's procedures on property maintenance 
and marketing, we contrasted FHA's procedures to those of the other 
organizations and identified procedures that can delay steps necessary 
to sell properties and that offer no clear and corresponding benefits. 
We discussed FHA's procedures with organization officials, servicer 
representatives, management and marketing contractor officials, and 
experts in real estate management. We also collected data and examples 
from FHA officials and large mortgage servicers that demonstrate the 
effects of FHA's procedures. In particular, we asked three large 
servicers to provide data on their performance in conveying foreclosed 
properties within deadlines established by FHA, which they agreed to 
do. 

To assess the cost-effectiveness of FHA and VA title insurance 
expenditures, we reviewed their policies regarding the evidence 
necessary to establish title to foreclosed properties. We also 
requested that FHA and VA provide data on the benefits of their title 
insurance expenditures. In addition, we reviewed a relevant VA IG 
report[Footnote 67] on VA's title evidence policies, and we contacted 
seven VA district offices to assess their compliance with a VA policy 
that was implemented in response to the report's recommendations. 

To estimate the time that it takes to acquire and sell foreclosed 
properties, we collected data from Fannie Mae, Freddie Mac, and RHS. 
To estimate the time necessary to acquire and sell FHA properties, we 
collected data from four large servicers who conducted about 30 
percent of all FHA foreclosures in 2000. We judgmentally selected 
these servicers on the basis of their size and willingness to provide 
data Specifically, the servicers agreed to provide data on the average 
amount of time that they held custody of FHA foreclosed properties 
(from the time of the foreclosure sale until conveyance to FHA 
management and marketing contractors). We combined these data with 
national data provided by FHA on the time that it takes its 
contractors to sell foreclosed properties. Because RHS does not yet 
collect data on the time that it takes to sell foreclosed properties, 
we collected data from the two largest RHS mortgage servicers, which 
service about 30 percent of all RHS mortgages. We focused our analysis 
on the time from the foreclosure sale until properties are sold to 
homeowners or investors, because the organizations encourage servicers 
to pursue loss mitigation strategies until foreclosure sales. The 
organizations generally consider loss mitigation as the best means to 
minimize the cost and disruptions associated with foreclosures, and we 
did not want to imply that the completion of foreclosure sales should 
proceed any faster than is currently the case. The period of time from 
foreclosure sale until properties are sold to investors is also a 
common measure of performance in the real estate industry. We did not 
independently verify the data provided by the organizations or 
servicers. 

Due to data limitations, we were not able to estimate the number of 
days that various factors, such as FHA's approach to foreclosed 
property custody and the strength of real estate markets, contribute 
to the total number of days that are taken to acquire and sell FHA 
foreclosed properties. To discuss another potential contributing 
factor, we collected historical data that shows the differences 
between FHA's debenture interest rate and large servicers' cost of 
funds. To estimate large servicers' cost of funds, we used the 
interest rate on commercial paper. 

We conducted our work in Washington, D.C.; Boston; Dallas; Manchester, 
N.H.; and Oklahoma City between June 2001 and January 2002 in 
accordance with generally accepted government auditing standards. We 
obtained written comments on a draft of this report from FHA and VA, 
which are reprinted in appendixes II and III, respectively. RHS, 
Fannie Mae, and Freddie Mac officials decided to provide oral comments 
on a draft of this report. Each of the organizations provided 
technical comments, which have been incorporated into this report 
where appropriate. 

[End of section] 

Appendix II: Comments from the Department of Housing and Urban 
Development: 

Note: GAO comments supplementing those in the report text appear at 
the end of this appendix. 

U.S. Department Of Housing And Urban Development: 
Office Of The Assistant Secretary For Housing-Federal Housing 
Commissioner: 
Washington, D.C. 20410-8000: 

March 5, 2002: 

Ms. Davi M. D'Agostino: 
Director, Financial Markets and Community Investment: 
United States General Accounting Office: 
Washington, DC 20548: 

Dear Ms. D'Agostino: 

Thank you for the opportunity to provide comments on your office's 
draft report: Single Family Housing: Opportunities to Improve Federal 
Foreclosure and Property Sale Processes (GAO-02-305). The Department 
is continually seeking ways to improve the conveyance and resale 
processes for its real estate-owned inventory. The information 
contained in your report on the different approaches used by the 
Department of Veterans Affairs (VA), the Rural Housing Service (RHS), 
Fannie Mae and Freddie Mac will contribute to this effort. 

Before discussing the recommendations, we would like to comment on the 
substantive conclusions. The report does not provide a balanced 
assessment of HUD's overall REO disposition results, in that it makes 
no mention of the significant process and performance improvements 
since the Department began outsourcing management and marketing (M&M) 
responsibilities to the private sector in 1999. The REO inventory, 
which in 1999 exceeded 47,000 properties, has been reduced to 29,000 
and is remaining level even though the economy is in recession. Time 
in inventory has declined from an average of 219 days to 173 days. 
Most significantly, FHA's loss per claim has also declined from 38.6 
percent in 1999 to 32.7 percent in 2001. [See comment 1] 

One reason for the reduction in REO inventory is the exponential 
growth of FHA's loss mitigation outreach. While loss mitigation is 
tangential to the subject of property disposition, foreclosure 
avoidance is certainly one way in which FHA fulfills its mission of 
preserving homeownership, protecting neighborhoods and preserving the 
integrity of the insurance fund. Footnote 17 on page 13, does not cite 
current data on HUD's loss mitigation efforts. The study cited 
contained 1999 data, the third year of FHA's Loss Mitigation Program. 
Program activity has doubled since then, going from 26,400 loss 
mitigation actions in FY 99, to more than 50,000 loss mitigation cases 
in FY 2001. HUD believes that our loss mitigation efforts are a 
primary explanation for the diverging trends in delinquencies and 
claims. Other contributing factors include strong real estate markets 
and low interest rates. Delinquencies, at the end of FY 2001 were at 
their highest rate in 10 years; yet at the same time, foreclosure 
claims were at their lowest level in 10 years, representing only 0.76 
percent of the FHA insured portfolio. This is an eight percent 
reduction from the prior year. Numerically, FHA loss mitigation 
increased by 19,000 loans, while claims declined by 10,000. [See 
comment 2] 

While FHA's recent property disposition experience is generally 
successful, we recognize that it is possible to improve and we 
understand your recommendations as suggestions for improvement. We 
generally agree with these recommendations; however, as your report 
notes, we may have to seek changes to our authorizing statutes in 
order to implement some of them. More detailed responses to the 
recommendations and comments on specific material presented in the 
report follow: 

Recommendation 1 - HUD should determine if unified property custody 
represents the optimal method of property custody and if so, implement 
it after seeking any required statutory authority. [See comment 3] 

HUD developed its dual property custody. approach primarily in 
compliance with statutory requirements that a) prevent the Department 
from expending funds on properties before title has been transferred 
to HUD, and b) require that lenders deliver marketable title to HUD
before a claim can be paid. The combination of these two statutory 
requirements created a need to have lenders retain responsibility for 
property preservation up to the point when marketable title can be 
conveyed. 

We agree that a unified custody approach may streamline processes and 
oversight, reduce holding time and increase net return. We expect to 
be able to immediately shorten the time to convey properties to HUD; 
however, adopting either approach described in this study will
require statutory changes. We intend to continue research to determine 
the feasibility of unified custody within the framework of existing 
statutory requirements and to identify regulatory and contractual 
issues that would have to be resolved to facilitate such a change. 
Further, HUD will explore statutory changes that will increase 
efficiencies in the property disposition program. 

Recommendation 2 - HUD should assess the cost effectiveness of its 
expenditures on title insurance and, where justified, use less 
expensive alternatives. 

We agree with this recommendation and have begun to investigate 
alternative approaches. 

Recommendation 3 - HUD should collect foreclosure sales dates from its 
servicers. 

We agree with this recommendation. It will require changes to computer 
systems of HUD, servicers and service bureaus, as well as OMB approval 
of a modified form and revised FHA guidance to servicing mortgagees. 
We anticipate that these changes, especially the
computer changes, will take more than a year and will be subject to 
the availability of funds for the required system modifications. 

Additional Comments: 

* Foreclosure Moratoria in Calendar Year 2000. [pp. 5, 38] The 
increase in the average time to complete foreclosure in CY 2000 was 
due to special circumstances. HUD spent much of the year investigating 
predatory lending. As part of this investigation, foreclosure was 
suspended on approximately 7,800 delinquent FHA-insured mortgages in 
Atlanta, Baltimore, Chicago, Los Angeles, and New York in CY 2000. 
During the moratorium, HUD staff reviewed the underwriting and 
servicing of the individual loans. The length of the moratorium varied 
from a few months to over a year, depending on the circumstances of 
the case. These moratoria, as well as those imposed for Presidentially 
declared disaster areas, contributed to increases in the average time 
to complete foreclosure. [See comment 4] 

* Loss Mitigation [p. 11] The graphic shows loss mitigation efforts in 
advance of a borrower default, when generally it is the default of the 
borrower that triggers loss mitigation. [See comment 5] 

* Initiating Foreclosure on an FHA-insured Mortgage [p. 14] The "390 
days" presented in Table 2 as FHA's guideline is incorrect. The 
correct time to begin foreclosure is 210 days. The basic rule, as 
stated in 24 CFR 203.355, is that foreclosure should commence within 
six months from the date of default which is defined in 24 CFR 203.330 
and in the Handbook as "... a mortgagor's failure to perform under any 
covenant of the mortgage and the failure continues for 30 days." More 
time is permitted if the borrower files bankruptcy, the lender engages 
in loss mitigation, or HUD imposes a moratorium on foreclosure. Less 
time is allowed if the property is vacant. [See comment 6] 

* Use of Designated Counsel [p. 16] We acknowledge that use of 
designated counsel may be more efficient than allowing lenders to 
select their own law firms to conduct foreclosures. However, Freddie 
Mac and Fannie Mae actually own the loans and therefore have the 
ability under their servicing contracts to appoint service providers. 
As an insurer, HUD does not have this prerogative. [See comment 7] 

* Preservation & Protection (P&P) Issues [pp. 23 - 28] HUD will be 
issuing additional guidance via Mortgagee Letters and an internal 
Housing Notice regarding P&P issues and will provide training to HUD 
and contractual staff. This should correct previous misunderstandings, 
expedite responses to lenders' inquiries and requests, and reduce the 
disputes that have been occurring after conveyance. One of the 
Mortgagee Letters will provide updated P&P cost schedules, which 
should eliminate some of the requests for approval to exceed the 
guidelines. Finally, we will review the example presented in Figure 6 
to see whether hazardous material disposal fees justified such 
extraordinary charges if you will identify the case. [See comment 8] 

* FHA's Pre-conveyance Inspections [p. 31] This pilot is intended to 
determine the condition of the property when the servicing lender 
takes possession, which will enable HUD to identify damage caused by 
the occupant and note P&P work that must be completed prior to 
conveyance. The draft report's description of this pilot implies that 
the P&P work should have been completed by the time of the inspection. 
[See comment 9] 

* 601 Demonstration [p. 33] As mentioned in the draft report, the 
Department is in the process of implementing a demonstration program 
using the authority granted by Section 601 of the 1999 HUD/VA 
Appropriations Act. Under the demonstration program, which is being 
called the Accelerated Claims Disposition (ACD) Program, the 
Department will identify eligible loans and request the servicers to 
assign the loans. Rather than foreclosing and disposing of the 
property, the Department will sell the notes, thus avoiding the 
property custody and disposition function altogether. If the 
demonstration proves successful, the program will be expanded to the 
majority of defaulted loans. While ACD will certainly not eliminate 
HUD's acquisition of REO, it is expected to substantially decrease the 
volume of foreclosed real estate conveyed to the Secretary. [See 
comment 10] 

* Data Collection relative to Title Insurance [p. 36] State 
foreclosure laws require the foreclosure counsel or trustee to obtain 
a title search to ensure that all parties may be notified and the 
foreclosure properly conducted. HUD reimburses lenders for the cost of 
this search. Additionally, HUD currently requires that lenders 
purchase a title insurance policy with HUD named as the insured. Since 
the policy is based on the same title search, it is questionable that 
any additional value is gained by buying the title policy. Contrary to 
the statement in the report, HUD does retain data on the number of 
properties that are reconveyed as a result of irresolvable title 
defects and the number is de minimus. [See comment 11] 

* Debenture Interest Rates [p. 42] The report implies that lenders may 
have an incentive to delay conveyance of foreclosed real estate 
because the debenture interest rate that HUD pays from default to 
conveyance is several basis points above the current cost of funds. 
This is certainly true during periods of declining interest rates; 
however, the debenture interest rate can also prove to be a penalty 
during periods when lender costs of funds are increasing. [See comment 
12] 

The report also notes that RHS manages the incentive provided by 
debenture interest by capping at 6 months the period for which 
debenture interest will be paid. It should be noted that FHA also has 
established a reasonable diligence time frame for completion of 
foreclosure and conveyance and will not pay debenture interest if 
servicers exceed published reasonable diligence guidelines. [See 
comment 13] 

The Department is committed to improving its programs and processes, 
assisting homeowners in avoiding foreclosure whenever possible, and 
maintaining the actuarial soundness of FHA's Mutual Mortgage Insurance 
Fund. We appreciate both your suggestions for further improvement and 
the opportunity to comment on the draft report. 

Sincerely, 

Signed by: 

John C. Weicher: 
Assistant Secretary for Housing-Federal Housing Commissioner: 

The following are GAO's comments on the Department of Housing and 
Urban Development's March 5, 2002, letter. 

1. We agree that FHA data show a significant decline in the average 
time that management marketing contractors held properties between 
1999 and 2001. In fact, FHA data show that nearly all of the 
improvement in inventory time occurred by 2000. Specifically, data 
that FHA provided subsequent to the official comment letter show that 
the average inventory time declined from 270 days in calendar year 
1999 to 185 days in calendar year 2000, and 173 days in calendar year 
2001. According to a senior FHA official, the 219-day figure cited for 
1999 in the comment letter is incorrect. Because we used data for 
calendar year 2000, the report reflects the significant decline in 
inventory times that FHA has reported. Therefore, we believe that the 
report fairly describes the time that it takes to sell FHA properties. 

2. This footnote has been deleted. 

3. The FHA comment letter paraphrases our recommendation differently 
than the way the full recommendation was written in the draft report. 
We recommended that the HUD secretary establish unified property 
custody as a priority for FHA and determine the optimal method of 
unified property custody. FHA paraphrased our recommendation as 
stating that HUD should determine if unified property custody 
represents the optimal method of property custody and, if so, 
implement it after seeking any required statutory authority. We 
contacted a senior FHA official to obtain clarification on FHA's 
position on our recommendation. The FHA official said that FHA, in 
paraphrasing the recommendation in the draft report, did not mean to 
change the recommendation's meaning. FHA agrees with our 
recommendation that it should establish unified property custody as a 
priority. FHA is conducting analysis to determine the feasibility of 
establishing unified custody within the existing statutory framework 
and to identify regulatory and contractual changes that would have to 
be resolved to implement unified property custody. 

4. We do not agree with FHA that actions taken to suspend foreclosure 
proceedings in these 7,800 cases contributed to the time taken to sell 
FHA properties in 2000. The timeline we provided measures from the 
date of the foreclosure sale until properties are sold to homebuyers 
or investors. Because suspension of foreclosure proceedings on these 
mortgages occurred prior to the completion of the foreclosure sale, 
the suspension would not add time to the period measured in this 
report. 

5. We revised the figure. 

6. We revised the table. 

7. We added language to the report body. 

8. The final report notes that FHA is developing guidance to clarify 
the circumstances under which management and marketing contractors can 
demand refunds from servicers for preservation and protection work 
that has not been completed according to standards. 

9. We have revised the report language. 

10. As stated in the report body, the section 601 authority may allow 
for unified property custody. While FHA's Accelerated Claims 
Disposition Program could reduce the number of properties that FHA 
acquires through foreclosure, it is too early to judge its ultimate 
success. Further, as the FHA commissioner states, even if the 
demonstration program is successful and expanded to the majority of 
defaulted mortgage loans, it will not eliminate FHA's responsibility 
for acquiring and selling foreclosed properties entirely. We believe 
that FHA should established unified custody as a priority for any such 
foreclosed properties for which it becomes responsible in the future. 

11. We disagree with FHA that the draft report stated that FHA does 
not retain data on the number of properties that are reconveyed due to 
irresolvable title defects. The draft report stated that FHA does not 
collect data on the number of times that title insurance policies are 
used during the foreclosure process or the types of problems that 
require title insurance. Therefore, we made no changes in response to 
this comment. 

12. As stated in the report draft, the debenture rate can 
significantly exceed servicers' cost of funds. In fact, the debenture 
rate has exceeded servicers' cost of funds since 1985. In a rising 
interest rate environment, such as last occurred in 1984, servicers' 
cost of funds may exceed the debenture rate. 

13. We added further language to the final report noting that FHA has 
established time frames in each state for completing foreclosures. 

[End of section] 

Appendix III: Comments from the Department of Veterans Affairs: 

The Secretary Of Veterans Affairs: 
Washington: 

March 4, 2002: 

Ms. Davi M. D'Agostino: 
Director, Financial Markets and Community Investment: 
U.S. General Accounting Office: 
441 G Street, NW: 
Washington, DC 20548: 

Dear Ms. D'Agostino: 

This responds to your draft report, Single-Family Housing: 
Opportunities to Improve Federal Foreclosure and Property Sale 
Processes (GAO-02-305). I agree with your conclusions and concur with 
your recommendation to immediately assess the cost-effectiveness of 
the Department of Veterans Affairs (VA) expenditure on title insurance 
purchases. VA is presently conducting a comprehensive review of its 
loan guaranty-related business processes and policies in an initiative 
known as Loan Administration Redesign. The issue of whether to change 
our present policy on title insurance will be considered during this 
review. We expect to conclude this initiative early in calendar year 
2003. This issue has been a matter of discussion between the Veterans 
Benefits Administration (VBA) and VA's Office of General Counsel. As 
GAO recommends, VA will make a decision regarding requiring title 
insurance after the cost-effectiveness is known. 

Please note one technical concern with the draft report. Footnote 16 
on page 12 of the draft says that in a chapter 7 bankruptcy, if the 
borrower has equity in the property, "the property will be sold by the 
bankruptcy court ...." (Emphasis added.) Perhaps "may" should be 
substituted for "will" in the quoted sentence. In some states, such as 
Texas and Florida, a debtor's homestead interest in the principal 
residence is generally beyond the reach of the bankruptcy court. 

I appreciate the opportunity to comment on your draft report. 

Sincerely yours, 

Signed by: 

Anthony J. Principi: 

[End of section] 

Footnotes: 

[1] In this report, when we refer to FHA it should be understood that 
it is an agency within HUD. It is FHA that is directly responsible for 
administering HUD's foreclosure and property sale programs. 

[2] These efforts are referred to as "loss mitigation" and are 
discussed more fully in this report. 

[3] Generally, FHA, VA, and RHS pay claims to mortgage servicers to 
cover the outstanding loan balances on foreclosed mortgages and 
interest and other expenses. If foreclosed properties are resold at 
relatively low prices, then the organizations' ability to recover 
their claim payments will be limited. 

[4] As measured from the date of the foreclosure sale until the 
foreclosed properties are sold to home buyers or investors. 

[5] FHA's management and marketing contractors have certain 
maintenance responsibilities and sell foreclosed properties to home 
buyers or investors. 

[6] Title insurance policies are issued by title insurance companies 
to protect against defects in title to properties. FHA and VA, as 
described in this report, reimburse servicers for purchasing title 
insurance policies during foreclosures. 

[7] Audit of Title Insurance for Foreclosed Home Loans, Department of 
Veterans Affairs, Office of Inspector General, Report No. 5R5-B10-081, 
July 25, 1995. 

[8] As measured from the foreclosure sales date until the property is 
sold to home buyers or investors. 

[9] The up-front fee premium, which is charged when borrowers close on 
the loan and can be included in the mortgage payment, is 1.5 percent. 
The annual mortgage insurance premium, which is 0.25 to 0.50 percent, 
depending on the loan term, is automatically canceled when the loan 
amount is reduced to the lesser of 78 percent of either (1) the sale 
price or (2) the appraised value at the time of origination. 

[10] Appropriations acts may limit the amount of the credit subsidy. 

[11] As discussed in this report, FHA servicers also perform certain 
maintenance on foreclosed properties. 

[12] Their Charter Acts provide Fannie Mae and Freddie Mac with 
benefits such as exemptions from fees charged on securities 
transactions by the Securities and Exchange Commission. Federal laws 
also impose certain requirements on Fannie Mae and Freddie Mac. For 
example, federal law requires Fannie Mae and Freddie Mac to meet 
certain annual goals in purchasing mortgages that serve low-income 
home buyers and other groups. 

[13] Referred to as the conforming loan limit because the mortgages 
conform to underwriting standards established by Fannie Mae and 
Freddie Mac. 

[14] The loan-to-value ratio generally refers to the percentage of the 
purchase price that is financed. For a property costing $100,000, an 
$80,000 mortgage with a $20,000 down payment would have a loan-to-
value ratio of 80 percent. 

[15] The purpose of a foreclosure sale is to "foreclose" or eliminate 
the rights of the borrower and all parties that have an interest 
junior to the mortgage. A foreclosure sale is designed to give the 
purchaser at the sale a title equivalent to that held by the borrower 
before the property was mortgaged. A properly conducted foreclosure 
sale will extinguish any mortgages or liens junior to the mortgage 
being foreclosed, but any liens senior to the mortgage are unaffected. 
In all states, the servicer may foreclose by having a court order the 
sale of the property. This is known as judicial foreclosure. In about 
half the states, the primary method of foreclosure is sale at a public 
auction without court involvement. These sales are usually known as 
nonjudicial, but are sometimes known as "trustee's sales," or "private 
sales." In both cases, state laws specify procedures for conducting 
the sales. 

[16] Depending upon whether the organization or its servicers are 
responsible for overseeing properties during redemption periods. 

[17] A Chapter 7 or straight bankruptcy is designed to liquidate the 
assets of the borrower. In a Chapter 7 bankruptcy, if the borrower has 
equity in the property, the property may be sold by the bankruptcy 
court, either free and clear or subject to existing mortgages. If the 
property is sold free and clear, then the sales proceeds will be used 
to pay off the mortgages on the property. If the borrower has no 
equity in the property, the trustee will lift the stay, and the lender 
is free to proceed with foreclosure. A Chapter 13 bankruptcy is 
designed to rehabilitate the debtor by extension and reduction of 
debts. Filing under Chapter 13 usually gives the borrower time to 
bring mortgage payments current. 

[18] RHS state office personnel determine if liquidations are 
conducted expeditiously based on their own knowledge and in 
conjunction with the other organizations' analysis. RHS officials said 
that they are considering adopting the timelines established in each 
state by Freddie Mac. 

[19] After FHA servicers convey properties, they file claims with FHA 
for payment. FHA pays claims to reimburse servicers for their interest 
expenses, the lost principal on outstanding mortgage balances, and 
maintenance costs. 

[20] FHA stated that Fannie Mae and Freddie Mac own mortgages and 
therefore have the authority under their servicing contracts to 
appoint service providers, such as attorneys. 

[21] Typically, the servicers borrow funds to bid on properties at 
foreclosure sales. The bid proceeds are used to pay off the lenders 
that issued the mortgages. 

[22] Freddie Mac instructs servicers to start bidding at the statutory 
minimum level prescribed in certain states. These states may require 
bidders to bid two-thirds of a property's value at the foreclosure 
sale. Freddie Mac instructs its servicers to start bidding upward from 
the statutory minimums until bids reach the 90-day fair market value 
or the outstanding debt, whichever is less. The 90-day fair market 
value assumes that properties will be sold quickly and that discounts 
will not be necessary to facilitate sale. 

[23] In some cases, the fair market value of foreclosed properties may 
be below the outstanding debt. Thus, requiring servicers to bid the 
outstanding debt makes the properties less attractive to home buyers 
or investors, since the bid is set above the properties' fair market 
value. 

[24] Representatives from one large RHS servicer said that in one 
state, Ohio, third parties purchased approximately 40 percent of 
properties at foreclosure sales. 

[25] According to Freddie Mac, some states allow financial 
institutions to pursue deficiency judgments for the debts owed by 
defaulted borrowers. The states may require financial institutions to 
bid below the outstanding debt to preserve the right to pursue 
deficiency judgments. 

[26] Fannie Mae implemented these bidding instructions as a pilot 
program in 2000. The organization amended its permanent guidelines to 
incorporate these bidding instructions in February 2002. Previously, 
Fannie Mae instructed servicers to bid foreclosed properties' fair 
market value. 

[27] VA has the option to leave the foreclosed property with the 
servicer for sale, if the cost of paying the guaranty is less than the 
estimated cost to VA for taking possession of the property and 
reselling it. VA calls such a situation a no bid. VA procedures also 
allow servicers to write down the outstanding balance on foreclosed 
mortgages until the cost to VA of guaranteeing the loan is more than 
VA's estimated costs of taking possession of the property and 
reselling it. VA's most recent data for fiscal years 1997 through 1999 
shows that no bids accounted for about 1.5 percent of all loan 
terminations. 

[28] A 1-month extension of the marketing period may be requested if 
needed to close a sale. 

[29] In this report, the terms "preservation and protection" and 
foreclosed property "maintenance" are used interchangeably. 

[30] FHA, through its management and marketing contractors, may 
reconvey properties to servicers when required maintenance is not 
performed. FHA officials said that reconveyances are rare. As 
discussed in this report, FHA and its contractors may also require 
servicers to reimburse FHA for failure to perform required property 
maintenance. 

[31] FHA may reimburse contractors on a case-by-case basis for some of 
the costs associated with completing preservation and protection work 
that servicers failed to complete prior to conveyance. 

[32] Fannie Mae and Freddie Mac officials said that some states with 
redemption periods allow for the shortening of the redemption periods 
if the properties are vacant. In such cases, Fannie Mae and Freddie 
Mac routinely inspect properties to determine whether they are vacant 
and whether immediate steps to secure the properties can be taken. 

[33] As discussed later, servicers do not always convey foreclosed 
properties within 30 days. 

[34] FHA regulations state: "For clarification, examples of health and 
safety hazards are decaying organic matter, dead animals, animal 
feces, or anything that poses an immediate threat to health or safety." 

[35] RHS has not established specific maintenance cost guidelines. 
However, if emergency advances exceeding $500 are needed to preserve 
the property's value, the servicers must first submit them to RHS for 
approval. 

[36] Management and marketing contractors may not be aware of a 
foreclosed property until they receive a servicer's request to exceed 
established costs ceilings on preservation and protection work. 

[37] FHA generally may not compensate servicers for foregone interest 
if they fail to meet the 30-day conveyance guidelines. 

[38] FHA currently requires management and marketing contractors to 
accept conveyed properties, regardless of their condition. 

[39] Previous GAO and HUD Inspector General reports questioned the 
quality of management and marketing contractors' oversight of FHA 
foreclosed properties. See U.S. General Accounting Office, Single 
Family Housing: Stronger Measures Needed to Encourage Better 
Performance by Management and Marketing Contractors, [hyperlink, 
http://www.gao.gov/products/GAO/RCED-00-117] (Washington, D.C.: May 
12, 2000) and Single Family Property Disposition Program, Department 
of Housing and Urban Development, Office of Inspector General, Report 
No. 99-AT-123-0001, Sept. 17, 1999. 

[40] Under the program, contractors were responsible for inspecting 
conveyed properties and determining if servicers had filed claims with 
FHA and received payment from FHA for preservation and protection work 
that had not been completed. In such situations, FHA directed the 
contractors to send "demand letters" to the servicers requiring 
reimbursement to FHA within 10 days. If the servicers did not provide 
reimbursement, FHA planned to "offset" or reduce future servicer claim 
payments by the dollar amount that the servicers had been paid for the 
neglected preservation and protection work. FHA also provided 
contractors with a payment of 25 percent of the maintenance costs as a 
financial incentive for identifying situations where servicers had 
billed FHA for work that had not been completed. Contractors are 
generally responsible for completing servicer-neglected work. 

[41] FHA will continue to require its management and marketing 
contractors to demand refunds in cases in which servicers bill FHA for 
preservation and protection work that is not performed according to 
standards. The potential exists for contractors and servicers to 
continue to disagree in such situations. 

[42] FHA is also responsible for assuming the costs associated with 
the preconveyance inspection program. 

[43] Estimate based on the number of foreclosed properties that the 
servicer conveys to FHA annually. The servicer estimated a total 
annual savings of $138 million if the servicer sold all FHA foreclosed 
properties. The other servicer's proposal estimated that it would save 
FHA $6 or $7 million on a monthly basis. 

[44] Section 601 of the Departments of Veterans Affairs and Housing 
and Urban Development and Independent Agencies Act, P. L. No. 105-276, 
authorized FHA to pay claims upon assignment of mortgages that had 
been in default at least 3 months. On February 5, 2002, HUD published 
a notice in the Federal Register soliciting public comments on a 
demonstration project under section 601. FHA will assess the 
demonstration based on factors including reduced loss rates, costs and 
time associated with claim disposition, and the demonstration's 
success in enhancing FHA's ability to assess risk and manage the FHA 
mortgage insurance fund. 

[45] Neither FHA nor VA could provide data on their annual title 
insurance expenditures. Our estimate is based on an average cost of 
$500 per title insurance policy and about 65,000 FHA and 20,000 VA 
foreclosed property acquisitions in 2000. FHA typically reimburses 
servicers two-thirds of the cost of a title insurance policy, or $330. 
Therefore, 65,000 acquisitions multiplied by $330 equals $21,450,000. 
VA could not tell us how many district offices encourage the use of 
title insurance. So, we estimated that 85 percent of VA's district 
offices encourage title insurance, since six of the seven (or 85 
percent) we contacted do. We then multiplied 23,500 FHA acquisitions 
by 85 percent to achieve an estimate of about 20,000 acquisitions. VA 
also reimburses servicers the full cost of a title insurance policy. 
Thus, 20,000 acquisitions multiplied by $500 equals $10,000,00. FHA's 
$21,450,000 in expenditures plus VA's $10,000,00 equals $31,450,000. 

[46] Fannie Mae procedures provide for the purchase of title insurance 
policies in Hawaii, which a Fannie Mae official said has unique and 
complex foreclosure laws that make establishing title difficult. Thus, 
the Fannie Mae official said a title policy may be justified in Hawaii. 

[47] A Fannie Mae official said that the deeds recorded from 
foreclosure sales generally represent adequate evidence of title. 

[48] RHS requires servicers to have loans secured by a first lien on 
the property and to maintain that lien priority, but RHS does not 
require new title insurance policies. Servicers ensure that title 
requirements are met, but they may or may not require title insurance 
to guarantee that title. 

[49] Representatives from a large servicer stated that title insurance 
policies cost $400 to $700 on average. 

[50] The VA 1995 IG report on title insurance (5R5-B10-081) found that 
39 of the 46 district offices accepted title insurance. 

[51] FHA may pay closing cost of up to 5 percent of the sales price of 
foreclosed properties. Purchasers can use these funds to purchase 
title insurance policies. Some VA district offices provide such 
assistance. Fannie Mae and Freddie Mac may also provide financial 
assistance when foreclosed properties are sold. RHS does not provide 
such assistance on the foreclosed properties that its servicers sell. 

[52] A title search is an examination of the real property records in 
the county where the land is located to discover title defects. The 
records searched will generally be the county real estate indexes and 
state district court, probate court, and tax lien records. 

[53] See appendix II, the FHA commissioner's written comments on this 
report dated March 5, 2002. 

[54] Report No. 5R5-B10-081, July 25, 1995. 

[55] Comparative performance is measured from the time of the 
foreclosure sale until the property is sold to home buyers or 
investors. We did not include the period prior to the foreclosure sale 
because organization officials said that loss mitigation efforts may 
continue up until foreclosure sales. The officials also said that loss 
mitigation is more cost effective than foreclosure under most 
circumstances. Therefore, we did not want to imply that the 
organizations should move any faster than currently is the case to 
proceed to foreclosure sales. In addition, the period of time from the 
foreclosure sale until the property is sold is a common measure of 
performance in the real estate industry. 

[56] The VA data consists of the time that VA receives custody of 
foreclosed properties until properties are sold. VA procedures allow 
servicers up to 15 days to convey properties. VA could not provide 
data on the average time that elapses from the date of the foreclosure 
sale until conveyance. However, VA officials said that servicers have 
strong incentives to convey within a limited period of time after the 
foreclosure sale because VA does not reimburse them for interest 
expenses beyond the date of the foreclosure sale, and because they are 
responsible for any damages that occur to properties prior to 
conveyance. Because of these financial incentives, it is likely that 
servicers convey properties to VA on approximately the foreclosure 
sales date. 

[57] FHA does collect data on specific dates during the time that 
servicers maintain property custody. For example, FHA collects data on 
the "possession and control date." However, FHA does not use this data 
in estimating the entire time necessary to acquire and sell foreclosed 
properties. Rather, FHA reports the time for which management and 
marketing contractors are responsible for properties: the date of 
conveyance until the properties are sold. 

[58] RHS staff responsible for analyzing loss claims have this 
information for individual cases. 

[59] We present the combined foreclosure-to-sale average of 292 days 
in table 6. To arrive at this figure, we first determined an average 
conveyance time of 107 days from foreclosure sale to conveyance across 
four large FHA servicers by weighting each servicer's state-by-state 
averages by the number of foreclosures that servicer had in that 
state. We added to that 107-day average the 185 days, on average, that 
management and marketing contractors had properties in their 
inventories (acquisition date to property sale), according to FHA. 

[60] These two servicers service about 30 percent of the RHS mortgage 
portfolio. 

[61] FHA management and marketing contractors sold about 11 percent of 
FHA's foreclosed property inventory in 2001 to nonprofit organizations 
at discounted prices. According to a senior FHA official, these sales 
take additional time to complete and add a few days to the overall 
average time taken to sell properties. 

[62] FHA is required to pay servicers a debenture interest rate, which 
is established by statute. 

[63] Typically, mortgages are recorded in the name of the servicer. 
The servicer then becomes the owner of the property after successfully 
bidding at the foreclosure sale. In some instances, however, the 
servicer acts on the behalf of a mortgagee. 

[64] For this analysis, we used the average debenture interest rate 
that had been in effect during the prior 4- to 7-year period, as 
mortgage defaults and foreclosures typically occur at the highest 
rates 4 to 7 years after the mortgages are issued. For estimating the 
cost of funds for servicers, we used the interest rate on commercial 
paper, or short-term business loans, because that is a proxy for the 
interest rate at which large servicers borrow funds. 

[65] RHS compensates servicers at the interest rate at which the 
mortgages were originated. In contrast, the FHA debenture rate is set 
slightly below the rate at which the mortgages were originated. 

[66] Report No. 5R5-B10-081, July 25, 1995. 

[67] Report No. 5R5-B10-081, July 25, 1995. 

[End of section] 

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