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00:00:258 min.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

The committee will come to order. And let me welcome

our witness and congratulate you again, Secretary Donovan, for your

confirmation and...

00:09:245 min.
Shelby, Richard C. - U.S. Senator, [R] Alabama

Thank you, Senator Dodd.

A little more than a week ago, President Obama proposed his

Homeowner Affordability and Stability Plan. The proposal...

00:14:405 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Thank you very, very much. And I will now ask my

colleagues -- Senator Menendez, any opening comment?

00:14:454 min.
Menendez, Robert "Bob" - U.S. Senator, [D] New Jersey

Thank you, Mr. Chairman. I want to

thank you for holding what is an incredibly important hearing.

And Mr. Secretary, while I have several...

00:18:553 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Thank you, Senator, very much.

Former secretary of Housing and Urban Development.

00:18:585 min.
Martinez, Mel - U.S. Senator, [R] Florida

Thank you, Mr. Chairman, very much.

I want to welcome Secretary Donovan and continue to wish you all

the very best in your job and appreciate...

00:24:3754 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

I thank you, very much Senator. And I'm glad the

senator mentioned it, I realized I didn't so myself, but I want to

thank him for him amendment...

00:25:313 min.
Brown, Sherrod - U.S. Senator, [D] Ohio

Thank you, Mr. Chairman, for your

leadership.

And Mr. Secretary, thank you for your public service in New York

and thank you for what...

00:28:322 min.
Reed, John "Jack" F. - U.S. Senator, [D] Rhode Island

Thank you, Senator Brown.

Secretary Donovan, welcome. We are all delighted that you are in

the leadership of the Department of Housing and...

00:31:28
Shelby, Richard C. - U.S. Senator, [R] Alabama

I don't think so.

00:31:28
Reed, John "Jack" F. - U.S. Senator, [D] Rhode Island

You want to --

00:31:28
Shelby, Richard C. - U.S. Senator, [R] Alabama

(inaudible)

00:31:2810 sec.
Reed, John "Jack" F. - U.S. Senator, [D] Rhode Island

Okay.

See I'm relying on the wisdom and the counsel of the former

chairman.

So that shows at least --

00:31:38
Shelby, Richard C. - U.S. Senator, [R] Alabama

You've got the gavel.

00:31:3812 sec.
Reed, John "Jack" F. - U.S. Senator, [D] Rhode Island

I get the gavel. But he's got the wisdom and the

experience. So I will -- Mr. Secretary, will you give your statement

please.

00:31:509 min.
Donovan, Shaun - Secretary

Thank you, Mr. Chairman. Senator Shelby,

distinguished members of the committee, thank you for the opportunity

to appear here before you...

00:41:278 sec.
Reed, John "Jack" F. - U.S. Senator, [D] Rhode Island

Well, thank you very much, Mr. Secretary.

I note we've been joined by Senator Johanns. And we've been

asking if you have opening statements.

00:41:35
Johanns, Mike - U.S. Senator, [R] Nebraska

(Off mike.)

00:41:3519 sec.
Reed, John "Jack" F. - U.S. Senator, [D] Rhode Island

Very good.

In that case I will begin a quick round of questioning -- but,

let me just do this, because we have to vote. I'll recognize Senator

Johanns...

00:41:54
Johanns, Mike - U.S. Senator, [R] Nebraska

(Off mike.)

00:41:544 sec.
Reed, John "Jack" F. - U.S. Senator, [D] Rhode Island

Thank you, Senator Johanns.

00:41:582 sec.
Johanns, Mike - U.S. Senator, [R] Nebraska

Mr. Secretary, welcome.

00:42:00
Donovan, Shaun - Secretary

Thank you.

00:42:001 min.
Johanns, Mike - U.S. Senator, [R] Nebraska

It's unusual that we get this kind of opportunity,

but I appreciate the opportunity.

Let me, if I might, offer a thought, and then I'd like...

00:43:061 min.
Donovan, Shaun - Secretary

It's a very important question, Senator. And let

me first start by saying, as the president made clear in his

announcement of the plan last...

00:44:123 sec.
Johanns, Mike - U.S. Senator, [R] Nebraska

If I might just interrupt. You lost me. Make

what available?

00:44:155 sec.
Donovan, Shaun - Secretary

The option to modify a loan in a bankruptcy

proceeding --

00:44:202 sec.
Johanns, Mike - U.S. Senator, [R] Nebraska

The cram-down?

00:44:223 sec.
Donovan, Shaun - Secretary

-- would be -- would apply only to loans that have

already been originated. In other words --

00:44:25
Johanns, Mike - U.S. Senator, [R] Nebraska

Okay.

00:44:2514 sec.
Donovan, Shaun - Secretary

-- the idea is not to have an impact on lenders

that are out making mortgage loans today and to potentially impact

interest rates as a result...

00:44:392 sec.
Johanns, Mike - U.S. Senator, [R] Nebraska

Okay. Let me stop you there --

00:44:41
Donovan, Shaun - Secretary

Yeah.

00:44:4133 sec.
Johanns, Mike - U.S. Senator, [R] Nebraska

-- just so we're on the same wavelength. You've

got I don't know how many dollars worth of loans out there today --

billions and billions...

00:45:1415 sec.
Donovan, Shaun - Secretary

Right. The idea is that prospectively for new

loans that will be originated this provision would not apply and

therefore there is no risk...

00:45:291 min.
Johanns, Mike - U.S. Senator, [R] Nebraska

Okay. Now let me take another step with you,

because I think I know where you're going. Let's say that we are

going to continue to ask the...

00:46:551 min.
Donovan, Shaun - Secretary

Again, I think with careful tailoring of this

legislation, there are a number of ways to ensure that it doesn't

introduce that kind of instability....

00:48:311 min.
Johanns, Mike - U.S. Senator, [R] Nebraska

I am out of time and the chairman has arrived, so

let me just wrap up with this. I hear what you're trying to say and I

think you're trying...

00:49:3751 sec.
Donovan, Shaun - Secretary

Yeah. If I could, Senator, there's one other

provision that I haven't mentioned that I think is important as well.

There has been this discussion...

00:50:28
Johanns, Mike - U.S. Senator, [R] Nebraska

Mr. Chairman, thank you.

00:50:288 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Thank you Senator very much.

Senator Merkley, I know you didn't get the chance to make an

opening comment at all so why don't you take the...

00:50:3630 sec.
Merkley, Jeffery "Jeff" - U.S. Senator, [D] Oregon

Thank you very much Mr. Chair and

thank you for your testimony and I'll keep it very simple. This is an

incredibly important plan for millions...

00:51:061 min.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

I understand Mr. Secretary that Senator Merkeley has

a -- we talked a little bit yesterday as well privately and has as all

of us do --...

00:52:36
Donovan, Shaun - Secretary

Yeah.

00:52:3613 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

So the windows are not terribly wide for people to

step through. And I think it's critically important that the very

people we're trying...

00:52:491 min.
Donovan, Shaun - Secretary

Mr. Chairman, incredibly important question. We

have been spending a lot of time with my staff, staff on the National

Economic Counsel,...

00:54:4455 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Well I would hope in that regard -- obviously we're

all of our offices are prepared to try and answer what we can and

certainly yours would...

00:55:39
Donovan, Shaun - Secretary

Yes.

00:55:391 min.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

-- with the people who can then actually deliver or

answer their questions very directly.

And I think it's one of those...

00:56:521 min.
Donovan, Shaun - Secretary

Mr. Chairman, it's an outstanding question. I

mean, in some ways, this gets to the very heart of the key to how we

think this plan will...

00:58:4524 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

There would appear to be obvious benefits to the

principal reduction in that it would allow people to start to

accumulate equity back in...

00:59:091 min.
Donovan, Shaun - Secretary

Yes. And I do think it's very important to make

clear principal reduction is a good thing. And we have done

everything we can in the plan...

01:00:4537 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Okay, I'm going to come back. I wanted to ask you in

the next round I have about the HOPE for Homeowners and what steps do

you think --...

01:01:2250 sec.
Shelby, Richard C. - U.S. Senator, [R] Alabama

Thank you, Senator Dodd.

Mr. Secretary, Section 1517 of the Housing and Economic Recovery

Act of 2008 requires HUD to undertake a study...

01:02:1257 sec.
Donovan, Shaun - Secretary

First of all, let me say, Senator, that -- and you

made this comment in your opening statement -- I could not agree with

you more that we...

01:03:092 sec.
Shelby, Richard C. - U.S. Senator, [R] Alabama

Do you believe that report is important?

01:03:112 sec.
Donovan, Shaun - Secretary

I do believe it is.

01:03:1332 sec.
Shelby, Richard C. - U.S. Senator, [R] Alabama

Okay. The targeting of assistance -- historically,

the number one event resulting in mortgage delinquency has been job

loss. When a family...

01:03:45
Donovan, Shaun - Secretary

First of all --

01:03:452 sec.
Shelby, Richard C. - U.S. Senator, [R] Alabama

You understand what I'm asking, don't you.

01:03:4734 sec.
Donovan, Shaun - Secretary

Yes. First of all, I think the president made

clear in his speech this week to Congress that we cannot think about

the mortgage and the...

01:04:211 min.
Shelby, Richard C. - U.S. Senator, [R] Alabama

We know that.

SEC. DONOVAN -- but, and you will see this in the detailed

guidelines that we release next Wednesday, that we are looking...

01:06:071 min.
Donovan, Shaun - Secretary

That's a very important question. I'm glad you

asked this, and this goes to Senator Martinez's point as well. We

can't forget history here....

01:07:2845 sec.
Shelby, Richard C. - U.S. Senator, [R] Alabama

Mr. Chairman, if I could ask one more question.

Lender payments. Subprime mortgage servicers, it's my

understanding, are paid about 20 basis...

01:08:135 sec.
Donovan, Shaun - Secretary

It's a very important question, Senator. I think

hindsight is 20/20, as they say.

01:08:18
Shelby, Richard C. - U.S. Senator, [R] Alabama

(Inaudible.)

01:08:181 min.
Donovan, Shaun - Secretary

And if you look at these securitizations, the way

that the pooling and servicing agreements were done, I think we all

recognize today that...

01:09:41
Shelby, Richard C. - U.S. Senator, [R] Alabama

Thank you, Mr. Chairman.

01:09:419 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Thank you very much, Senator.

Senator -- who came in first? Senator Menendez, I guess, was

here before Senator (Bayh ?).

01:09:5019 sec.
Menendez, Robert "Bob" - U.S. Senator, [D] New Jersey

Thank you, Mr. Chairman.

Mr. Secretary, let me ask you -- I appreciate -- and I read

through your testimony -- we hear this plan will only...

01:10:0917 sec.
Donovan, Shaun - Secretary

Yeah. First of all, let me just say how excited I

am to work with you as the new chairman of the subcommittee. I will

miss Senator Schumer...

01:10:26
Menendez, Robert "Bob" - U.S. Senator, [D] New Jersey

I look forward to working with you as well.

01:10:262 min.
Donovan, Shaun - Secretary

I think there are a couple of components of this

issue of how do we target responsible homeowners. First of all, the

plan -- we've talked...

01:12:365 sec.
Menendez, Robert "Bob" - U.S. Senator, [D] New Jersey

On the income side, we're using the same ratios

as we have in the past?

01:12:4141 sec.
Donovan, Shaun - Secretary

We are using the 31 percent debt-to-income ratio,

if that's what your question is. As I mentioned earlier, one of the

concerns we've had...

01:13:227 sec.
Menendez, Robert "Bob" - U.S. Senator, [D] New Jersey

So give me, as briefly as you can, what's your

time line of the proposal? What will happen first? What will take

the longest? When are we...

01:13:2952 sec.
Donovan, Shaun - Secretary

Yeah. So next Wednesday, March 4th, we will

release the detailed guidance to servicers and others about how

exactly the program is going...

01:14:2134 sec.
Menendez, Robert "Bob" - U.S. Senator, [D] New Jersey

Let me ask you one other thing. One of the

biggest lessons I've learned over this period of time is that some of

these institutions simply...

01:14:551 min.
Donovan, Shaun - Secretary

Well, I think there are a couple of pieces to

that. This is a very important question; first of all, a requirement

that any new funding...

01:16:304 sec.
Menendez, Robert "Bob" - U.S. Senator, [D] New Jersey

Thank you, Mr. Chairman.

01:16:343 sec.
Shelby, Richard C. - U.S. Senator, [R] Alabama

Senator Dodd asked me to recognize -- (inaudible)

-- have no power.

01:16:3732 sec.
Martinez, Mel - U.S. Senator, [R] Florida

Well, I appreciate you recognizing me with (or

without ?) power. I appreciate that very much.

Secretary, let me follow up on that very issue...

01:17:099 sec.
Donovan, Shaun - Secretary

Yeah. Well, let me say up front, Senator, there's

more legal wisdom on that side of the room than here. I'm not a

lawyer. I'm not a --

01:17:182 sec.
Martinez, Mel - U.S. Senator, [R] Florida

I'll never admit it. (Laughs.)

01:17:201 min.
Donovan, Shaun - Secretary

I'm not a tax lawyer. I'm not an expert on some

of the tax issues that surround these contracts. But it's a difficult

issue, because certainly...

01:19:0846 sec.
Martinez, Mel - U.S. Senator, [R] Florida

I hope so. My sense is that -- well, maybe the

problem is not with all private servicers. I believe that anyone who

is, you know, concerned...

01:19:542 min.
Donovan, Shaun - Secretary

Yes, the president believes and I believe that

carefully tailored bankruptcy reform is a piece of the solution.

Clearly, making sure --...

01:22:162 sec.
Martinez, Mel - U.S. Senator, [R] Florida

My time is up. Thank you very much, Secretary.

01:22:184 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Thank you very much. Senator Merkley, and then I'll

come back to you.

01:22:2234 sec.
Merkley, Jeffery "Jeff" - U.S. Senator, [D] Oregon

Thank you very much Mr. Chair and Mr.

Secretary.

I want to follow up -- there's a little bit of new

information there that I hadn't...

01:22:5643 sec.
Donovan, Shaun - Secretary

Well, let's be clear. Bankruptcy reform is

something obviously that Congress is going to make a decision about.

There are discussions ongoing...

01:23:391 min.
Merkley, Jeffery "Jeff" - U.S. Senator, [D] Oregon

Thank you. And I will say that as I went through

the details of the loan modification program, I think that your team

and the Treasury team...

01:25:092 min.
Donovan, Shaun - Secretary

First of all, let me say you are absolutely right

that this is a complicated problem -- that we find ourselves in a very

difficult situation....

01:27:141 min.
Merkley, Jeffery "Jeff" - U.S. Senator, [D] Oregon

Thank you for laying that out. I held a

conference in my state last week over the foreclosure mitigation

issues -- a wide range of participants....

01:29:001 min.
Donovan, Shaun - Secretary

I couldn't agree more, Senator; I think it's a

very, very important point.

Both to make sure that we have outreach...

01:30:088 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Thank you very much, Senator, and I apologize to

Senator Bayh and the other senators.

I'm trying to do this in the

order that people...

01:30:161 min.
Reed, John "Jack" F. - U.S. Senator, [D] Rhode Island

Thank you -- Evan, do you need to -- (off

mike). Okay. Secretary Donovan, I've been arriving and leaving

constantly so I thank you for keeping...

01:31:201 min.
Donovan, Shaun - Secretary

Well very important both that the GSE's and the

FHA have adequate resources, president releasing our initial budget

today and I think you'll...

01:33:061 min.
Reed, John "Jack" F. - U.S. Senator, [D] Rhode Island

Thank you very much. There's another issue and this

is part of the not directly related to housing but part of the current

crisis. There...

01:34:1941 sec.
Donovan, Shaun - Secretary

Absolutely. I think we both need to do things to

strengthen the bond markets in general and that was part of what the

president announced...

01:35:0054 sec.
Reed, John "Jack" F. - U.S. Senator, [D] Rhode Island

Thank you.

One final point because I have a few minutes and the Chairman has

pointed out and my colleagues have echoed a need to communicate...

01:35:5429 sec.
Donovan, Shaun - Secretary

Very important point. Our models based on the

plan show that simply by modifying mortgages that we're proposing, the

$75 billion dedicated...

01:36:2311 sec.
Reed, John "Jack" F. - U.S. Senator, [D] Rhode Island

I think the point has to be made over and over again

because frankly people, you know, they're struggling and they're doing

their best and...

01:36:342 sec.
Donovan, Shaun - Secretary

Yep.

01:36:36
Reed, John "Jack" F. - U.S. Senator, [D] Rhode Island

Thank you.

01:36:364 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Thank you, Senator.

Senator Bayh.

01:36:403 sec.
Bayh, Evan - U.S. Senator, [D] Indiana

Thank you Mr. Chairman. Secretary thank you for your

service.

01:36:43
Donovan, Shaun - Secretary

Thank you.

01:36:4353 sec.
Bayh, Evan - U.S. Senator, [D] Indiana

I think your energy and your confidence will bring a

breath of fresh air to the Department at a time when the country needs

it, So thank...

01:37:362 sec.
Donovan, Shaun - Secretary

Yep. Can I give you a report myself right here?

01:37:382 sec.
Bayh, Evan - U.S. Senator, [D] Indiana

I'm highly impressed.

01:37:403 sec.
Donovan, Shaun - Secretary

So --

01:37:43
Bayh, Evan - U.S. Senator, [D] Indiana

You have a well-paid secretary Mr. Chairman.

01:37:431 min.
Donovan, Shaun - Secretary

When we came into office about a month ago, there

was a lot of concern on your part, Senator Corker, Representative

Donnelly and others,...

01:38:4418 sec.
Bayh, Evan - U.S. Senator, [D] Indiana

Thank you. I'm very impressed. If you would let us

know as soon as the letter's complete, I'm sure the people of Elkhart

would be very gratified...

01:39:02
Donovan, Shaun - Secretary

Absolutely.

01:39:0246 sec.
Bayh, Evan - U.S. Senator, [D] Indiana

You know, they are very desirous, as are people

outside of Gary in that part of our state, they have hundreds of

derelict homes, it's keeping...

01:39:481 min.
Donovan, Shaun - Secretary

Absolutely and you know when we talked about this

one of the points you made which I think is right.

I've been hearing...

01:41:1619 sec.
Bayh, Evan - U.S. Senator, [D] Indiana

Well, it's such a concentrated problem that it really

would pay huge dividends. So I thank you for your cooperation on

that. I've got 22...

01:41:352 sec.
Donovan, Shaun - Secretary

Roughly 90 percent are --

01:41:3749 sec.
Bayh, Evan - U.S. Senator, [D] Indiana

Here's my question. I hear from people all the time

who say, look, I did the write thing, I've lived my life prudently,

I've saved my money....

01:42:262 min.
Donovan, Shaun - Secretary

It's a very important question. There's a lot of

things that are happening in this country that are unfortunate, that

are happening to families....

01:45:04
Bayh, Evan - U.S. Senator, [D] Indiana

Thank you, Mr. Chairman.

01:45:0446 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Those are excellent, excellent points. And I'd just

point out the same point in my home state. I don't know if this true

of all states....

01:45:508 sec.
Donovan, Shaun - Secretary

And we need to get back to basics in the lending

the way a lot of community bankers did the right thing. And those

mortgages are performing...

01:45:5833 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

But your $6,000 figure is a very important piece of

information that I think needs to be transmitted, as Senator Reed

said, over and over...

01:46:313 min.
Schumer, Charles E. - U.S. Senator, [D] New York

Thank you, Mr. Chairman. Thank

you. And I think, as you know, because you're so on top of all these

issues, as America gets to know Shaun...

01:50:1211 sec.
Donovan, Shaun - Secretary

Thank you. And as I said earlier while you were

out of the room, I'm very excited that Senator Menendez will chair the

Housing Subcommittee....

01:50:238 sec.
Schumer, Charles E. - U.S. Senator, [D] New York

Very excited that he's the chair of the DSCC.

(Laughter.)

01:50:3154 sec.
Donovan, Shaun - Secretary

So that is very important. And we have tried to

work very closely with servicers. We believe, as you said, that we've

tried to make sure...

01:51:259 sec.
Schumer, Charles E. - U.S. Senator, [D] New York

I think the public has this view that the

servicers are little entrepreneurs all over the lot. What percentage

of the servicers come from...

01:51:342 sec.
Donovan, Shaun - Secretary

The largest banks cover about two thirds of the

servicing.

01:51:362 sec.
Schumer, Charles E. - U.S. Senator, [D] New York

And you have a little leverage over them, I would

say.

01:51:388 sec.
Donovan, Shaun - Secretary

And, in fact, we've made it explicit that any

funding from TARP requires participation -- any new funding from TARP

requires participation.

01:51:4611 sec.
Schumer, Charles E. - U.S. Senator, [D] New York

So this means that right now two thirds of the

servicers are likely to go along with this plan for those mortgages

that meet the guidelines...

01:51:572 sec.
Donovan, Shaun - Secretary

We hope it goes well beyond those biggest.

01:51:5918 sec.
Schumer, Charles E. - U.S. Senator, [D] New York

But if it goes to two thirds shouldn't that be a

real change in the housing markets and rates of foreclosure? And

even, shouldn't it help...

01:52:1710 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Yeah, let me ask. How about the previous recipients

of TARP as well, doing exactly what we discussed? How many more would

you include if...

01:52:278 sec.
Donovan, Shaun - Secretary

I, to be honest, I don't know. I don't have the

details, I don't know the numbers of going forward versus the

previous.

01:52:352 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

But it'd still be higher.

(Cross talk.)

01:52:3710 sec.
Schumer, Charles E. - U.S. Senator, [D] New York

Yeah, and Mr. Chairman, I think most of the big

banks that have already received TARP money, who are servicers have

agreed to be part of...

01:52:47
Donovan, Shaun - Secretary

Absolutely.

01:52:4732 sec.
Schumer, Charles E. - U.S. Senator, [D] New York

Yeah. So you've got them. I mean, the

Citigroups, and the JP Morgans and the Wells', and all of them. And

they are the servicers. That's...

01:53:197 sec.
Donovan, Shaun - Secretary

I think when we can show results and we will very

clearly be focused on auditing and making sure that we're getting the

results that we...

01:53:267 sec.
Schumer, Charles E. - U.S. Senator, [D] New York

One final question, when should we start seeing

the results that this guidance will -- the effect it will have on the

servicers?

01:53:3345 sec.
Donovan, Shaun - Secretary

Well, next Wednesday, March 4th, we're going to

release the guidance. We, based on our discussions with servicers

believe that servicers...

01:54:1829 sec.
Schumer, Charles E. - U.S. Senator, [D] New York

And that's going to mean some real stuff to the

stability of the banks and of the whole financial markets because

they're still holding...

01:54:47
Donovan, Shaun - Secretary

Thank you.

01:54:473 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Senator Warner.

01:54:501 min.
Warner, Mark R. - U.S. Senator, [D] Virginia

Thank you, Mr. Chairman. Let me thank

you and colleagues who've been here long before me for continuing to

raise this issue, particularly...

01:56:306 sec.
Donovan, Shaun - Secretary

I appreciate you mentioning that and we'll --

we're working in depth on the guidance now and we'll ensure that

that's an issue we look at.

01:56:3634 sec.
Warner, Mark R. - U.S. Senator, [D] Virginia

Please look into that.

And I'm a bit of a broken record. Senator Bennett and I are on

this issue and Senator Menendez and Senator Schumer...

01:57:101 min.
Donovan, Shaun - Secretary

Very glad you asked that. Virginia in particular

has one of the strongest housing finance agencies in the country and

have done great work.

President...

01:58:5850 sec.
Warner, Mark R. - U.S. Senator, [D] Virginia

Well Chairman Dodd has been very supportive and

helpful to those of us who have raised this issue. And all I can make

a request is when...

01:59:4825 sec.
Donovan, Shaun - Secretary

On the good news front as well, just to make sure

you know, yesterday we released $10 billion over about 75 percent of

all HUD's funding...

02:00:136 sec.
Warner, Mark R. - U.S. Senator, [D] Virginia

Mr. Chairman, can I ask one more question? I know

my time's expired.

02:00:195 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Because you missed your opening statement and so take

a little more time, yeah.

02:00:244 sec.
Warner, Mark R. - U.S. Senator, [D] Virginia

A (Schumer?) two minutes or -- (Laughter)

02:00:285 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Don't press your luck. (Laughter)

02:00:331 min.
Warner, Mark R. - U.S. Senator, [D] Virginia

I think you've laid out a framework of a good

program. I am anxious to see more of the details. But a piece, and I

know the chairman has...

02:02:222 min.
Donovan, Shaun - Secretary

A couple of comments (that I think are ?) very

important. We completely agree that bankruptcy court should not be

the place where millions...

02:04:223 sec.
Warner, Mark R. - U.S. Senator, [D] Virginia

And making clear that's what those bevy of options

would be --

02:04:25
Donovan, Shaun - Secretary

Yeah.

02:04:2558 sec.
Warner, Mark R. - U.S. Senator, [D] Virginia

-- before bankruptcy. Last point I'll make, just

as a comment, that I sure as heck agree with the chairman and Senator

Martinez that one...

02:05:23
Donovan, Shaun - Secretary

Yeah.

02:05:232 sec.
Warner, Mark R. - U.S. Senator, [D] Virginia

Thank you.

Thank you, Mr. Chairman.

02:05:2541 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Thank you.

Before I turn to Senator Bennet and Senator Akaka, can I raise

just -- (inaudible) -- take advantage of Senator Warner's question?

This...

02:06:062 sec.
Donovan, Shaun - Secretary

Yeah. So I think it's --

02:06:085 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Are we giving the lender, in effect, veto power over

all of that? That's, I guess, the --

02:06:131 min.
Donovan, Shaun - Secretary

I think it's important to make clear that there

are two very different situations for second lien-holders -- a

modification versus a refinancing....

02:07:298 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

I appreciate that. And obviously a lot of members on

this side of the dais are very interested in how this moves forward,

so we'd love to...

02:07:373 sec.
Donovan, Shaun - Secretary

Mr. Chairman, if I could just take one moment -- I

realize --

02:07:40
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

No, that's fine.

02:07:4025 sec.
Donovan, Shaun - Secretary

Senator Warner made a point that I want to make

sure is absolutely clear, because there's been some real confusion

about this. The 105 percent...

02:08:058 sec.
Warner, Mark R. - U.S. Senator, [D] Virginia

But that's in your first -- the homeowner stability

program, I thought, was the one that had the cap of the 105.

02:08:1340 sec.
Donovan, Shaun - Secretary

There is a portion of this which is a refinancing,

4 (million) to 5 million homeowners, existing Fannie Mae or Freddie

Mac loans that are...

02:08:532 sec.
Warner, Mark R. - U.S. Senator, [D] Virginia

So those folks can be at 150 --

02:08:5512 sec.
Donovan, Shaun - Secretary

More deeply underwater. We think generally 150

percent loan to value is as far as we can go, because for

modifications to be successful,...

02:09:072 sec.
Warner, Mark R. - U.S. Senator, [D] Virginia

And that is the program where we're going to try to

02:09:09
Donovan, Shaun - Secretary

Modify their --

02:09:093 sec.
Warner, Mark R. - U.S. Senator, [D] Virginia

-- (inaudible) -- and modify and buy down to 31

percent of income.

02:09:12
Donovan, Shaun - Secretary

Exactly.

02:09:122 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Mr. Secretary --

02:09:142 sec.
Warner, Mark R. - U.S. Senator, [D] Virginia

Making that clear would, I think -- I think there

has been --

02:09:16
Donovan, Shaun - Secretary

Yes, there has been --

02:09:162 sec.
Warner, Mark R. - U.S. Senator, [D] Virginia

The press has really --

02:09:18
Donovan, Shaun - Secretary

Has been confused.

02:09:182 sec.
Warner, Mark R. - U.S. Senator, [D] Virginia

-- has not understood that.

02:09:204 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Senator Shelby has -- it's the same question. I

apologize to my colleagues --

02:09:241 min.
Shelby, Richard C. - U.S. Senator, [R] Alabama

Along these lines, it's my understanding of the

legal -- (inaudible) -- you've got a first mortgage, then you've got a

second mortgage....

02:10:36
Donovan, Shaun - Secretary

That's exactly why --

02:10:36
Shelby, Richard C. - U.S. Senator, [R] Alabama

Does that make sense?

02:10:369 sec.
Donovan, Shaun - Secretary

No, you're exactly right. And that's exactly why,

in a refinancing, where the first mortgage is actually extinguished --

02:10:45
Shelby, Richard C. - U.S. Senator, [R] Alabama

Absolutely.

02:10:454 sec.
Donovan, Shaun - Secretary

-- that's where the second lien becomes an issue.

And that's what we're focused on dealing with.

02:10:49
Shelby, Richard C. - U.S. Senator, [R] Alabama

(Inaudible) -- wouldn't it?

02:10:4911 sec.
Donovan, Shaun - Secretary

Right, whereas a modification, the first stays in

place and it doesn't -- the second has no right to supersede the first

in that (situation...

02:11:00
Shelby, Richard C. - U.S. Senator, [R] Alabama

And it has to be done right, though.

02:11:003 sec.
Donovan, Shaun - Secretary

Yes.

02:11:034 sec.
Shelby, Richard C. - U.S. Senator, [R] Alabama

You'll have some lawsuits. I think Senator Warner

was alluding to that.

02:11:073 sec.
Warner, Mark R. - U.S. Senator, [D] Virginia

Right. And if we're going to do this, we've got

to --

02:11:10
Shelby, Richard C. - U.S. Senator, [R] Alabama

Oh, yeah.

02:11:10
Warner, Mark R. - U.S. Senator, [D] Virginia

-- not just create this whole new --

02:11:10
Shelby, Richard C. - U.S. Senator, [R] Alabama

Oh, no.

02:11:1026 sec.
Warner, Mark R. - U.S. Senator, [D] Virginia

-- legal pile of trouble. And I also think you've

got the issue, even on the first mortgage, if it has been securitized

and chopped up so...

02:11:362 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

That's where the safe harbor, I think, is critical --

02:11:38
Warner, Mark R. - U.S. Senator, [D] Virginia

Right, which is --

02:11:3818 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

-- whereas on this one, the modification goes to the

refinancing. I think it's pretty clear. If you're modifying, the

safe harbor is really,...

02:11:5632 sec.
Donovan, Shaun - Secretary

Even with the modifications, there have been

concerns on the part of the investors. That's why this guidance that

we're going to do next...

02:12:286 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Let me thank Senator Warner and Senator Shelby for

raising this point. We've taken a little time on it, but it's very

worthwhile to have...

02:12:34
Donovan, Shaun - Secretary

Very helpful, yes.

02:12:342 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Senator Bennett, welcome.

02:12:365 sec.
Bennet, Michael - U.S. Senator, [D] Colorado

Thank you, Mr. Chairman. I

appreciate it. And I apologize for coming in on the tail end, so I

will be --

02:12:41
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Well, Senator Akaka is here too, and --

02:12:411 min.
Bennet, Michael - U.S. Senator, [D] Colorado

Well, I'll be very brief.

I first wanted to come because I always like to see a local

government guy make good. (Laughter.) So congratulations,...

02:14:282 min.
Donovan, Shaun - Secretary

Well, look, obviously, the long-term metric on

this is what happens to the housing market, and can we help it to turn

around. So, that's...

02:16:36
Bennet, Michael - U.S. Senator, [D] Colorado

Thank you, Mr. Chairman.

02:16:362 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Thank you very much, Senator.

Senator Akaka.

02:16:3829 sec.
Akaka, Daniel K. - U.S. Senator, [D] Hawaii

Thank you very much, Mr. Chairman.

Let me add my welcome to Secretary Donovan to this committee

again. I remember your lovely family when...

02:17:07
Donovan, Shaun - Secretary

Thank you.

02:17:0741 sec.
Akaka, Daniel K. - U.S. Senator, [D] Hawaii

-- and look forward to continuing to work with you.

Let me be more focused on my concern in my question, and that is

implementing housing...

02:17:481 min.
Donovan, Shaun - Secretary

Well, first of all -- and I think we started

talking about this a little bit before, outreach and education on this

issue is absolutely...

02:19:2260 sec.
Akaka, Daniel K. - U.S. Senator, [D] Hawaii

Well, thank you for that, Secretary. I appreciated

your comments on that.

Let me then point to some loans on VA. In addition to sitting...

02:20:2257 sec.
Donovan, Shaun - Secretary

Excellent question, Senator. I'm very glad you

brought that up because it's something I hadn't mentioned before, but

it's a critical issue.

Because...

02:21:191 min.
Akaka, Daniel K. - U.S. Senator, [D] Hawaii

Well, I appreciated your thoughtful comments again

about this.

And during your nomination hearing, the need to incorporate

education...

02:22:301 min.
Donovan, Shaun - Secretary

Very important question. And we do -- we do have

to remind ourselves, I think, in the midst of this crisis, that we

need to look forward...

02:23:383 sec.
Akaka, Daniel K. - U.S. Senator, [D] Hawaii

Thank you. Thank you very much for your excellent

responses.

Mr. Chairman, thank you.

02:23:4157 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Senator Akaka, thank you very much.

And as you'll discover, if you haven't already, Mr. Secretary,

that Senator Akaka has -- as long as...

02:24:3813 sec.
Merkley, Jeffery "Jeff" - U.S. Senator, [D] Oregon

Thank you very much, Mr. Chair.

And Secretary Donovan, thank you so much for your testimony.

Your thorough knowledge of the topic and the...

02:24:51
Donovan, Shaun - Secretary

Thank you.

02:24:5149 sec.
Merkley, Jeffery "Jeff" - U.S. Senator, [D] Oregon

I wanted to put in one request with you, as you go

forward, and that is in regard to the hotline that is being set up or

has been set up,...

02:25:4018 sec.
Donovan, Shaun - Secretary

I couldn't agree more. And in the discussions

that we've been having, trying to make sure that that centralized

hotline can connect folks...

02:25:58
Merkley, Jeffery "Jeff" - U.S. Senator, [D] Oregon

Thank you so much.

02:25:583 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Senator Shelby, any closing thoughts?

02:26:0120 sec.
Shelby, Richard C. - U.S. Senator, [R] Alabama

I just want to tell the secretary again we welcome

you here. We look forward to working with you. We know you have great

challenges, but...

02:26:21
Donovan, Shaun - Secretary

I'm looking forward to it. Thank you.

02:26:211 min.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Let me echo those words as well, Secretary Donovan.

It's been very impressive this morning.

And on the Hope for Homeowners, I know you're...

02:28:0611 sec.
Shelby, Richard C. - U.S. Senator, [R] Alabama

Just along the same lines, the secretary I'm knows

very well, we have about -- on transit-related stuff -- about 20

percent of the highway...

02:28:17
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

Mm hmm.

02:28:176 sec.
Shelby, Richard C. - U.S. Senator, [R] Alabama

-- the whole thing, so we will need to engage you,

because this committee's going to be very active there.

02:28:239 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

And a lot of interest in the subject matter today.

This is no longer just an east coast-west coast thing. But now, you

know, places like...

02:28:32
Shelby, Richard C. - U.S. Senator, [R] Alabama

And Alabama.

02:28:3235 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

And Alabama. But the concentrations in urban areas

-- a great trivia question is: which is the most urbanized state in

America? And people...

02:29:0739 sec.
Donovan, Shaun - Secretary

Thank you.

And we've been doing some thinking around the budget -- you know,

based on our conversation and others -- about how we can begin...

02:29:462 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

We've got to move on that.

Thanks very much for being with us.

02:29:48
Donovan, Shaun - Secretary

Thank you.

02:29:4830 sec.
Dodd, Christopher "Chris" J. - U.S. Senator, [D] Connecticut

The committee will stand will adjourned.

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