Troubled Asset Relief Program: Further Actions Needed to Fully and Equitably Implement Foreclosure Mitigation Programs

In February 2011, Treasury issued program guidelines that provided additional clarification regarding a servicer's responsibility to develop and execute an effective internal quality assurance program covering its MHA activities. These guidelines included specific requirements on the scope and methodology of the quality assurance reviews, including requiring either statistically valid sampling with a 95 percent confidence level, or a stratified sample of loans. In either case, the sampling methodology must be documented and must include both random and risk-based selection criteria, as appropriate. The guidance also requires that servicers include areas such as solicitation and outreach, determination of borrower eligibility, and documentation of investor-specific requirements.

In November 2010, Treasury issued guidance to servicers on implementation requirements for the Making Home Affordable (MHA) program, which included HAMP. The guidance requires that servicers, among other things, establish a borrower support center and track certain types of complaints related to the program. Specifically, it required servicers to report the status of referred complaints escalated to servicers by the MHA Help and HAMP Solution Center, Escalated cases include, but are not limited to allegations that the servicer did not properly assess a borrower for a MHA program, inquiries regarding inappropriate program denials, and the initiation or continuance of foreclosure action in violation of program guidelines. Further, the guidance establishes a timeline for the resolution of the complaints (30 calendar days) and requires servicers to provide Treasury with data on these escalated complaints on a weekly basis.

According to Treasury, it has promoted the HOPE Hotline through a number of channels to the public as a resource for borrowers with questions and problems about their HAMP application, trial period plan or permanent modification. For example, the hotline number is published on Treasury's Making Home Affordable (MHA) Web site, featured in media campaigns, and used in talking points for borrower/counselor events and media interviews. Treasury's MHA program guidelines require that servicers include in their notices to borrowers regarding the status of their request for a HAMP loan modification the telephone number for the HOPE Hotline with an explanation that the borrower can seek assistance at no charge from HUD-approved housing counselors and can request assistance in understanding the Borrower Notice by asking for MHA Help. In MHA program guidance issued on November 3, 2010, Treasury standardized the process required for handling certain borrower inquiries and disputes related to the MHA Program. The guidance also outlines the servicer's obligations for tracking borrower inquiries and disputes and conducting reviews in a timely fashion, whether received directly from a borrower or indirectly from the HOPE Hotline, through MHA Help, or the HAMP Solution Center. Fannie Mae as the program administrator prepares weekly and monthly performance reports for the HOPE Hotline and the MHA support centers. Treasury officials in the Office of Financial Agents and the Homeownership Preservation Office review these reports with management from the program administrator and, as necessary, its vendors. In addition, Treasury reviews a sample of escalated case files monthly to ensure that the support centers are providing the services Treasury expects of them.

Starting with program activity through April 2011, Treasury has begun publishing quarterly assessments of the performance of the 10 largest participating servicers in meeting the requirements for implementing MHA programs. Treasury uses the results of compliance reviews conducted by Freddie Mac in its capacity as the compliance agent for MHA and quantitative data on performance on individual loan files maintained by Fannie Mae in its capacity as the MHA program administrator. Treasury reviews the compliance data and ratings, the program results metrics, and other relevant factors affecting servicer performance in determining whether a servicer needs substantial improvement, moderate improvement, or minor improvement to its performance under MHA guidelines. For servicers in need of substantial improvement, Treasury will, absent extenuating circumstances, withhold financial incentives owed to those servicers until they make certain identified improvements. In certain cases, particularly where there is a failure to correct identified problems within a reasonable time, Treasury may also permanently reduce the financial incentives. Servicers in need of moderate improvement will be subject to withholding in the future if they fail to make certain identified improvements. All withholdings apply only to incentives owed to servicers for their participation in MHA; these withholdings do not apply to incentives paid to servicers for the benefit of homeowners or investors. Based on performance through the first quarter of 2011, Treasury has imposed monetary sanctions (withholding of financial incentives) on 3 servicers that it identified as needing to make substantial improvement in their performance with respect to meeting MHA program requirements.

Since June 2011, Treasury has been reporting in its MHA program performance reports on the performance of the largest MHA servicers in three categories: (1) identifying and contacting homeowners; (2) homeowner evaluation and assistance; and (3) prgram management and reporting. Treasury has established quantitative and qualitative benchmarks for each of the three performance categories. The performance metrics include the HAMP first lien modifications and other TARP-funded MHA programs.

In July 2013, Treasury conducted a risk assessment of MHA programs, including measurement of internal control activities of the second lien modification, principal reduction alternative, home affordable alternative foreclosure, and unemployed borrowers programs. Treasury has also periodically assessed the design of other TARP-funded housing programs, including the Federal Housing Administration's Short Refinance Program, which resulted in Treasury de-obligating $7.1 billion in funds during fiscal year 2013.