Skip Navigation
Daniel Indiviglio

Daniel Indiviglio - Daniel Indiviglio was an associate editor at The Atlantic from 2009 through 2011. He is now the Washington, D.C.-based columnist for Reuters Breakingviews. He is also a 2011 Robert Novak Journalism Fellow through the Phillips Foundation. More

Indiviglio has also written for Forbes. Prior to becoming a journalist, he spent several years working as an investment banker and a consultant.

New Fannie Program Allows Troubled Homeowners To Rent

By Daniel Indiviglio
Nov 5 2009, 5:17 PM ET Comment

For months, copious bloggers and econo-pundants have suggested that underwater homeowners should be allowed rent their homes instead of foreclosing. Fannie Mae is finally listening. Sort of. It announced a new program today that would allow some struggling borrowers to rent their homes. But anyone interested in this program shouldn't get too excited: it's meant to be a temporary solution. I'll explain some details, and then pose some questions I still see as outstanding.

The program is called "Deed-for-Lease" (D4L). Find full details here. If I'm reading the literature correctly, only borrowers with mortgages held or guaranteed by Fannie will be able to participate in the program -- so it isn't open to everyone. But such borrowers can contact their servicer to determine if they qualify.

What's that criteria? Among other requirements, here are a few that stand out:
- You can't be more than 12 months past due on your mortgage payments.
- You can't be in bankruptcy.
- You're the property's primary occupant, and it isn't an investment property.


Also note:
- The lease can be up to 12 months.
- The rent will be set at "market rate."
- The rent cannot exceed 31% of your monthly gross income.


I've got a bunch of questions/observations after reading what's been released by Fannie:

Market Rent

The biggest question I've got is: how do servicers establish the market rent? Determining the market rent for any property is not trivial. And in a volatile real estate market like this, it's even more difficult to determine. My guess is that servicers will have to rely on a fairly basic formula to calculate these rents -- it will hardly have the time or personnel to bother with a precise sophisticated price-setting mechanism.

Maybe that equation could include number of bedrooms, number of square feet, age of home, zip code and the most recent appraisal. But clearly, homes can have similar attributes within such characteristics and still demand vastly different rents in the market. This will benefit some program participants, but hurt others.

Who's Landlord?

This is may be my favorite part. According to the "Frequently Asked Questions" (.pdf):

The occupant agrees to be responsible for regular maintenance, to keep the property in good condition, and to permit marketing of the property for sale.


In other words, you are your own landlord. Clearly, there's some moral hazard that goes along with this. Especially given that you don't have to put down a security deposit beyond the $75 application fee, as far as I can see. This isn't a rent-to-own scenario -- it's a temporary program meant to end when the Fannie finds someone to buy the property.

The Fate Of The Property

And that's also an odd feature: this program isn't meant to keep these Americans in their home ultimately. It's just meant to make foreclosure easier, or something. They can stay up to 12 months, but during that time:

Fannie Mae reserves the right to market the property while a tenant is occupying the property. The property may be sold to an investor subject to the lease.


And when the lease is up, the former homeowner can be (and probably will be) kicked out. So I'm a little unclear what the borrower really gets out of the deal, other than prolonging finding a permanent rental or new home to purchase.

Who Will Participate?

Since this will only apply to borrowers who have Fannie mortgages, those who qualify will be largely prime borrowers. Low income borrowers who have mortgages guaranteed by the FHA or other federal agencies aren't even eligible.

That makes me wonder who will be able to pass the 31% of gross income threshold test. Most prime borrowers who are going into foreclosure are doing so because of unemployment. If they have no income, they can't participate: 31% of 0 is still 0.

Are Borrowers Really Better Off?

Finally, I worry that servicers will just end up using the program to their advantage. They might use D4L as a way to squeeze some money out of borrowers, only to throw them out once they find a buyer. I can already imagine verbal false promises of servicers to sell borrowers back their homes once they get back on their feet. In the meantime, servicers are getting rent from these borrowers who otherwise would be paying nothing, waiting for foreclosure. Ultimately, however, they'll sell the house to the top bidder, who will most likely not be the original homeowner.

To be sure, this program is intriguing. I'm just wholly unconvinced it will do much to really help borrowers, and it sounds like a logistical nightmare on several levels. As far as I can see, it won't prevent foreclosures at all -- just allow those who foreclose to rent for a while, until they find a new place to live. I guess that might be helpful for some, but ultimately, I just don't see the point.
Presented by

More at The Atlantic

Kanye West Actually Should Throw a Fit at the Grammys This Year Kanye West Should Throw a Fit at the Grammys This Year
What Do Republican Voters See in Rick Santorum? What Do Republican Voters See in Rick Santorum?
translating the Bible—Into an E-Book That Works on Any Phone Translating the Bible—Into an E-Book That Works on Any Phone
Death by Flavored Vodka Death by Flavored Vodka
How Did Bill Parcells Not Make the Pro Football Hall of Fame? How Did Bill Parcells Not Make the Pro Football Hall of Fame?

Join the Discussion

After you comment, click Post. If you’re not already logged in you will be asked to log in or register.
blog comments powered by Disqus
Special Report
Election 2012 Reuters Election 2012
The destination for full politics coverage, from the primaries to the White House. Read more ›
View All Correspondents

The Biggest Story in Photos

The Civil War, Part 3: The Stereographs

Feb 10, 2012

Subscribe Now

SAVE 59%! 10 issues JUST $2.45 PER COPY

Facebook

Newsletters

Sign up to receive our free newsletters

(sample)

(sample)

(sample)

(sample)