This document provides Triad Guaranty Insurance Corporation s ( Triad ) procedures for loans that either:

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Transcription:

Second Look Program For Non-GSE Modification Programs that use an NPV Model, Effective June 1, 2009 On March 1, 2009, the Mortgage Insurance Companies of America (MICA) reached an understanding with the Housing Policy Council and the United States Department of the Treasury relating to a model procedure as to how loans insured by a private mortgage insurer should be handled when the decision to modify a loan is based on the use of a net present value ( NPV ) calculation. A copy of the Memorandum of Understanding is attached as Exhibit A. This document provides Triad Guaranty Insurance Corporation s ( Triad ) procedures for loans that either: 1) Pass the NPV test (NPV Positive ), or 2) Fail the NPV test (NPV Negative ) and are delivered to Triad for a Mortgage Insurance Second Look Review ( Second Look ). 1) Delegation of Authority for Loans Passing the NPV Test (NPV Positive ): To facilitate a streamlined process for modifying loans passing the NPV test, Triad has provided process information and delegation guidelines for the Home Affordable Modification Program (HAMP) for Servicers/Investors. These guidelines apply to GSE and non-gse loans, as indicated on our website at http://www.tgic.com/hasp.aspx. Triad s delegation of authority to the Servicer for all programs is conditioned upon the Servicer s adherence to Triad s HAMP Reporting Requirements, found at http://www.tgic.com/hasp.aspx. 2) Second Look Review for Loans Failing the NPV Test (NPV Negative ): Second Look Review Criteria Non-GSE loans that have not passed the required NPV test must be sent to Triad for the Second Look promptly after determining the NPV results to minimize the risk of losing the opportunity to modify the loan. A Servicer is permitted to submit for the Second Look program immediately after this initial determination of a failed NPV or after considering other modification programs allowed by the investor. Second Look Operating Guidelines Following the Servicer s determination that the non-gse modification failed the NPV test, the Servicer will promptly submit the Second Look review workout package to Triad, or first review alternative modification programs offered by the investor prior to promptly submitting the package to Triad at HOPE@tgic.com

Submission Package Requirements: (1) Use Triad s HAMP Second Look Request Form, found at http://www.tgic.com/hasp.aspx or append the Second Look data elements to the NPV Data Inputs file (See (3)(a) below). The following data would need to be appended: Servicing Company Name Investor Name Servicer Contact Name Servicer Contact Email Servicing Company Phone NPV Model Used (2) Each request submitted for the Second Look review should be identified as an MI Second Look Request in the subject line for email or fax submissions. (3) With the Second Look submission, the Servicer must also deliver the NPV data inputs and NPV model outputs as described below: (a) Treasury s Base NPV Model Data Inputs: The Servicer will send an electronic copy of the Microsoft Excel back up copy of the NPV Model Submission Tool with validated data used in the NPV submission for the applicable loan. See page 9 in the User Guide Home Affordable Modification Program Base Net Present Value Model Spreadsheet Tool ( User Guide ), dated April 14, 2009, or subsequent versions, available at www.hmpadmin.com. This file will contain all input data elements as currently noted in the User Guide or as revised in future versions. The Servicer will append to this file the following data elements: Servicing Company Name Fannie Mae MI Company code Primary Fannie Mae MI Company code Pool Primary MI certificate number Pool MI certificate number Pool Contract ID Gross Unpaid Principal Balance after modification Total Dollar Amount Delinquent Total Capitalized Dollar Amount (b) Treasury s Base NPV Model Data Outputs: The Servicer will send an electronic copy of the NPV model outputs returned to the Servicer in the _out.csv file format as described on pages 9-10 in the User Guide referenced above. (c) NPV Models Other Than the Treasury s Base NPV Model: In addition to the NPV model inputs and outputs described above, the Servicer must provide a copy of the model used.

MI Claim Advance Review Process: Triad will review the Second Look request and determine whether it will approve an advance claim payment ( MI Claim Advance ) in connection with the proposed modification. Triad will determine whether or not to approve an MI Claim Advance based on a full review of the submitted documentation for each borrower including, but not limited to, an assessment of the borrower s cash flows and monthly surpluses. Preliminary MI Claim Advance Commitment If approved, Triad will initially send the Servicer an approval notice with a preliminary commitment by Triad to forward the MI Claim Advance when the loan has been modified and is reported to Triad as current. The Preliminary Commitment Notice will be conditioned for receipt of all required documentation including, but not limited to: Hardship letter, Income verifications, Debt verifications (credit report), And all other documentation required in the Preliminary Commitment Notice. The MI Claim Advance will be reduced by any investor incentives not already factored into the NPV model. Final MI Claim Advance Commitment All required documents must be delivered to Triad upon receipt by the Servicer in order for Triad to review for final commitment. If there is a variance in any of the documentation and/or income verification provided by the borrower Triad may modify or withdraw the MI Claim Advance. Denial If the MI Claim Advance is denied or withdrawn, Triad will then work with the Servicer to assess other foreclosure avoidance alternatives for the borrower. MI Claim Advance Payment Requirements: Triad will remit the MI Claim Advance payment to the Servicer once the modification is reported by the Servicer as closed via Triad s standard HAMP Reporting Requirements process (found at http://www.tgic.com/hasp.aspx) within 30 days of the effective date of the modification. The loan default cure must be reported to Triad through normal delinquency reporting. Subsequent MI Claims: The MI Claim Advance shall be recoverable as a deduction against a future claim, or, in the event of later rescission or denial of coverage from the original, and any subsequent Servicer/Investor of the loan.

For questions regarding delegation, workout approval or the Second Look Program, please contact: Loss Management Phone: 800-628-4744 Fax: 336-723-1001 Second Look submissions HOPE@tgic.com Website: www.tgic.com

EXHIBIT A (Continued)