With the housing bust and foreclosure crisis of 2008, much attention has been focused on the relationship between mortgage servicers and delinquent mortgage borrowers. Specifically, the focus has centered on negotiations, or the lack-thereof, between these two parties in the period between delinquency and the initiation of foreclosure proceedings. During this period, the servicer has the option to forego filing foreclosure proceedings, and to instead adjust the terms of the mortgage contract in a manner that increases the probability of future repayment. This process is called modification, and a mortgage servicer, acting on behalf of a profit-maximizing mortgage lender will make this decision by weighing the expected costs, which include the costs of foreclosure (such astaking possession of the house, fixing any property damage, and re-selling the property) against the expected benefits, which include an increased likelihood of repayment by the borrower.
To-date there have been very few modifications, relative to the number of foreclosures performed. As a result, there has been an outcry on the part of policy makers, consumer advocacy groups, as well as some prominent academic economists, who believe that there are not enough loan modifications being performed by the private market. They point to the presence of institutional frictions in the mortgage securitization process as one explanation for this discrepancy. The perceived frictions relate to the incentives that servicers face when passing mortgage payments through to the ultimate investors. As a general rule, servicers are paid a regular fee for every mortgage they service in a given month. Absent any restriction on their activities, servicers would thus have an incentive to keep troubled loans active no matter what, by making large and indiscriminate modifications that would favor borrowers who faced little probability of default. Such modifications, of course, would also reduce the income to the investors, so the legal agreement between the servicer and lender, called the pooling and servicing agreement (PSA), prohibits this type of behavior. As a general rule, PSAs allow servicers to make modifications, but only in cases where default is likely and where this can be shown with a net-present-value calculation.