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Five-year freeze on subprime rate could be announced tomorrow

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Bloomberg reports this morning that Treasury Secretary Henry Paulson and President George Bush may announce as early as tomorrow that negotiations between Federal regulators and U.S. lenders will result in a five-year freeze on subprime mortgages. Paulson will brief House Republicans today on the plan, according to Bloomberg.

The deal comes down right in the middle of what the Office of Thrift Supervision wanted (3 to 5 years) and the FDIC wanted (5 to 7 years). The details about the deal are still pretty sketchy, but at least some people who have subprime mortgages will be helped. Most of the mortgages involved in this deal started at about 7% to 9% and are due to reset to 11% to 13% over the next two years, throwing many borrowers who can't afford the higher payments into foreclosure.

Analysts estimate that about 100,000 subprime loans will reset at a higher rate every month for the next two years. Credit Suisse Group estimates that right now, 30% of borrowers with subprime ARMs are behind on their mortgages, even before the reset. The FDIC puts the number at 20%. Regardless of the number, these borrowers probably won't be eligible for the freeze in rates.

The ones who will be helped according to the scanty reports we've seen so far, are those borrowers can prove they can't afford the higher rates but who have been making on-time payments up to their loan reset date. Those who can afford the higher payments won't be eligible for the freeze This is all speculation as the final details have not yet been made public.

Legislation might be needed to protect mortgage servicers who agree to the deal and Democratic Representative Mike Castle of Delaware already has introduced safe harbor legislation. Investors who don't like what the mortgage servicers agree to with borrowers can sue for the lost value of their bonds. Extending lower rates, likely will result in lower values for the bonds tied to these mortgage securities. While investors will take a hit on these bonds, they'll still get a lot more money on their investment than they would have if the home mortgages tied to these bonds go into foreclosure.

This deal will help to stabilize the mortgage mess, but don't expect a rapid turnaround in the real estate market. There's still a glut of homes that need to be sold before this buyer's market turns to a seller's one. We're still years away from any significant improvement in real estate prices in the hardest hit areas.

Lita Epstein has authored more than 20 books including the Complete Idiot's Guide to the Federal Reserve" and "The 250 Questions You Should Ask to Avoid Foreclosure."

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Last updated: July 06, 2009: 11:24 AM

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