| 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. |