UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Form 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report (date of earliest event reported): October 31, 2008
JPMORGAN CHASE & CO.
(Exact name of registrant as specified in its charter)
Delaware
(State or Other Jurisdiction of Incorporation)
1-5805 | 13-2624428 | |
(Commission File Number) | (IRS Employer Identification No.) |
270 Park Avenue, New York, NY |
10017 | |
(Address of Principal Executive Offices) | (Zip Code) |
Registrants telephone number, including area code:
(212) 270-6000
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
¨ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
¨ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
¨ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
¨ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Item 7.01 Regulation FD Disclosure
On October 31, 2008, JPMorgan Chase & Co. (JPMorgan Chase or the Firm) announced the Chase Foreclosure Prevention Program. Information regarding this Program is included in the exhibits hereto.
The attached exhibits are being furnished pursuant to Item 7.01, and the information contained therein shall not be deemed filed for purposes of Section 18 of the Securities Exchange Act of 1934, or otherwise subject to the liabilities under that Section. Furthermore, the information contained in the exhibits shall not be deemed to be incorporated by reference into the filings of the Firm under the Securities Act of 1933.
Item 9.01 Financial Statements and Exhibits
(c) Exhibits
Exhibit Number |
Description of Exhibit | |
99.1 | JPMorgan Chase & Co. Press Release, dated October 31, 2008, regarding the Chase Foreclosure Prevention Program | |
99.2 | Chase Foreclosure Prevention Program; Additional Information |
The attached exhibits contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such statements are based upon the current beliefs and expectations of JPMorgan Chases management and are subject to significant risks and uncertainties. Actual results may differ from those set forth in the forward-looking statements. Factors that could cause JPMorgan Chases actual results to differ materially from those described in the forward-looking statements can be found in JPMorgan Chases Current Report on Form 8-K dated September 26, 2008, its Quarterly Reports on Form 10-Q for the quarters ended June 30, 2008, and March 31, 2008, and its Annual Report on Form 10-K for the year ended December 31, 2007, each of which has been filed with the Securities and Exchange Commission and is available on JPMorgan Chases website (www.jpmchase.com) and on the Securities and Exchange Commissions website (www.sec.gov). JPMorgan Chase does not undertake to update the forward-looking statements to reflect the impact of circumstances or events that may arise after the date of the forward-looking statements.
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SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
JPMORGAN CHASE & CO. | ||||||||
(Registrant) | ||||||||
By: | /s/ Anthony J. Horan | |||||||
Anthony J. Horan | ||||||||
Corporate Secretary | ||||||||
Dated: November 4, 2008 |
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EXHIBIT INDEX
Exhibit Number |
Description of Exhibit | |
99.1 | JPMorgan Chase & Co. Press Release, dated October 31, 2008, regarding the Chase Foreclosure Prevention Program | |
99.2 | Chase Foreclosure Prevention Program; Additional Information |
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Exhibit 99.1
Chase further strengthens robust programs to keep families in homes
| Specific enhancements include: |
| Proactive outreach to borrowers, offering them pre-qualified modification terms in writing |
| New regional centers, more counselors and expanded loan alternatives |
| New independent review process to head off unnecessary foreclosures |
| No additional Chase-owned loans put into foreclosure process while enhancements implemented |
NEW YORK, Oct. 31, 2008 - Chase today announced it is expanding its already significant mortgage modification program by undertaking multiple initiatives designed to keep more families in their homes, including extending its modification programs to WaMu and EMC customers.
Chase will open regional counseling centers, hire additional loan counselors, introduce new financing alternatives, proactively reach out to borrowers to offer pre-qualified modifications, and commence a new process to independently review each loan before moving it into the foreclosure process. Chase expects to implement these changes within the next 90 days.
While implementing these enhancements, Chase will not put any additional loans into the foreclosure process. This will give affected homeowners an opportunity to take advantage of the enhancements, and applies only to owner-occupied properties with mortgages owned by Chase, WaMu or EMC, or with investor approval.
Chase will continue to work diligently with investors to get their approval to apply these programs to the loans it services for others, so its efforts have the broadest possible impact. These programs are designed for homeowners who show a willingness to pay, so Chase, WaMu and EMC customers should continue to make mortgage payments to reflect their intent to honor their commitments.
While Chase has helped many families already, we feel it is our responsibility to provide additional help to homeowners during these challenging times, said Charlie Scharf, CEO of Retail Financial Services at Chase. We will work with families who want to save their homes but are struggling to make their payments.
The enhanced program is expected to help 400,000 families - with $70 billion in loans - in the next two years. Since early 2007, Chase, WaMu and EMC have helped about 250,000 families - with $40 billion in loans avoid foreclosure, primarily by modifying their loans or payments. Both the existing and enhanced programs apply only to owner-occupied properties with mortgages owned by Chase, WaMu or EMC, or with investor approval.
Chase inherited pay-option ARMs when it acquired WaMus mortgage portfolio last month and EMCs portfolio earlier this year as part of the Bear Stearns acquisition. After reviewing the alternatives that were being offered to customers, Chase decided to add more modification choices. All the offers will eliminate negative amortization and are expected to be more affordable for borrowers in the long term.
As a result of these enhancements for Chase, WaMu and EMC customers, Chase will:
| Systematically review its entire mortgage portfolio to determine proactively which homeowners are most likely to require help - and try to provide it before they are unable to make payments. |
| Proactively reach out to homeowners to offer pre-qualified modifications such as interest-rate reductions and/or principal forbearance. The pre-qualified offers will streamline the modification process and help homeowners understand that Chase is offering a specific option to make their monthly payment more affordable. |
| Establish 24 new regional counseling centers to provide face-to-face help in areas with high delinquency rates, building on the success of one- and two-day Hope Now reach-out days. |
| Add 300 more loan counselors - bringing the total to more than 2,500 - so that delinquent homeowners can work with the same counselor throughout the process, improving follow-through and success rates. Chase will add more counselors as needed. |
| Create a separate and independent review process within Chase to examine each mortgage before it is sent into the foreclosure process in order to validate that each homeowner was offered appropriate modifications. Chase will staff the new function with about 150 people. |
| Not add any more Chase-owned loans into its foreclosure process while enhancements are being implemented. |
| Disclose and explain in plain and simple terms the refinancing or modification alternatives for each kind of loan. Chase also will use in-language communications, including local publications, to more effectively reach homeowners. |
| Expand the range of financing alternatives offered to modify pay-option ARMs, including 30-year, fixed-rate loans with affordable payments, principal deferral and interest-only payments for 10 years. All the alternatives eliminate negative amortization. |
| Offer a substantial discount on or donate 500 homes to community groups or through non-profit or government programs designed to stabilize communities. |
| Use more flexible eligibility criteria on origination dates, loan-to-value ratios, rate floors and step-up features. |
The enhancements reflect Chases commitment to continue to seek additional ways to help homeowners.
Chase acknowledges and appreciates the leadership of the U.S. Senate Banking and U.S. House Financial Services committees, the FDIC, a number of state attorneys general and community groups on this important issue, and the critical role they are playing in keeping families in their homes.
About Chase
Chase is the U.S. consumer and commercial banking business of JPMorgan Chase & Co. (NYSE: JPM), which operates more than 5,400 branches and 14,000 ATMs nationally under the Chase and WaMu brands. Chase has 157 million credit cards issued and serves consumers and small businesses through bank branches, ATMs and mortgage offices as well as through relationships with auto dealerships and schools and universities. It also serves more than 30,000 commercial banking clients, including corporations, municipalities, financial institutions and not-for-profit entities. More information about Chase is available at www.chase.com.
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H A S E F O R E C L O S U R E P R E V E N T I O N P R O G R A M Exhibit 99.2 |
Chase
already is helping families avoid foreclosure Systematically modifying interest
rates on subprime ARMs owned by Chase Participating in national projects, including Fast Track and Project Lifeline Piloting proactive refinance offers for borrowers; offers may have Chase-paid costs, below market rates and/or principal deferment Borrower outreach Proactive modifications / refinance offers Active borrower outreach targets all borrowers with adjustable- rate mortgages (ARMs), including pay-option ARMs Working one-on-one with homeowners to understand their unique financial situations and develop viable, sustainable solutions Working with Hope Now and other members of the industry to increase borrower awareness of available resources 1 |
Chase
announces new actions to help families stay in their homes Systematically
review the entire mortgage portfolio to determine proactively which homeowners are most likely to require help and try to provide it before they are unable to make payments. Proactively reach out to homeowners to offer pre-qualified modifications. Establish 24 new regional counseling centers to provide face-to-face help.
Add 300 more loan counselors so that delinquent homeowners can work with the same
counselor throughout the process. Will add more counselors as
needed. Create an independent process within Chase to review each mortgage before
it is sent into foreclosure -- to validate each borrower was offered appropriate modifications. Not add any more Chase owned loans into the foreclosure process while implementing
enhancements. Disclose and explain in plain and simple terms the refinancing or modification alternatives for each kind of loan, including using in-language communications.
Expand the range of alternatives offered to modify pay-option ARMs. Offer discounts on or donate 500 homes to community groups or government programs.
Use more flexible eligibility criteria and modification terms. 2 |
Chase
offers new alternatives for pay-option ARMs Option 2: Principal Forbearance / Rate Modification Option 1: Refinance into FHASecure / Conventional Option 3: Interest- only Period New 15- or 30- year fully amortizing mortgage Requires reasonably good payment history Borrowers in owned portfolios may qualify for lender- paid closing costs and / or principal forbearance Eliminate negative amortization; fully amortize over 30 years Provide principal forbearance to as low as 95% loan-to- value Reduce rate to as low as 2.0%-3.0% to meet target ratio of housing payment to income of 31-40% (capped at 50%) Step rate up to market in five years Create trial period Same as option 2, but if required by affordability test, reduce payment to ten-year interest- only Reduce rate to as low as 3.5% Option 4: Hope for Homeowners (not yet available) Requires elimination of second lien and principal write- down to 90% loan- to-value More stringent eligibility criteria than other modifications More time- consuming process for borrower 3 Choices for pay-option ARMs modification |
Chase
offers alternatives for subprime hybrid ARMs Option 2: Rate Modification Option 1: Refinance into FHASecure / Conventional Option 3: Rate Reduction / Term Extension New 15- or 30- year fully amortizing mortgage Requires reasonably good payment history Borrowers in owned portfolios may qualify for lender- paid closing costs and / or principal forbearance For owned loans, Chase unilaterally locks in initial interest rate for life of loan Similar program executed for investors at their request ASF Fast Track program freezes pre-reset rate for five years for securitized loans Analysis completed to determine affordable payment based on target ratio of housing payment to income of 31-40% (capped at 50%) Rate set to meet affordable payment Can be combined with term extension Income subject to verification Option 4: Hope for Homeowners (not yet available) Requires elimination of second lien and principal write- down to 90% loan- to-value More stringent eligibility criteria than other modifications More time- consuming process for borrower 4 Choices for subprime hybrid ARMs modification |
Chase
offers alternatives for subprime fixed rate loans Option 2: Rate Reduction /
Term Extension Option 1: Refinance Into FHASecure / Conventional New 15- or 30- year fully amortizing mortgage Requires reasonably good payment history Borrowers in owned portfolios may qualify for lender-paid closing costs and / or principal forbearance Option 3: Hope for Homeowners (not yet available) Requires elimination of second lien and principal write-down to 90% loan-to- value More stringent eligibility criteria than other modifications More time-consuming process for borrower Analysis completed to determine affordable payment based on target ratio of housing payment to income of 31-40% (capped at 50%) Rate set to meet affordable payment Can be combined with term extension Income subject to verification 5 Choices for subprime fixed rate modification |
What a
Chase loan modification might look like ILLUSTRATIVE 6 Example proposed Chase-owned loan modifications Subprime ARM Pay Option ARM Home value at origination $200,000 $500,000 Current home value $170,000 $425,000 Original loan amount $160,000 $400,000 Current loan amount (including negative amortization) $156,632 $460,000 Current interest rate / option ARM payment rate 7.00% 1.25% Interest rate after reset 9.00% 5.75% Current monthly payment 1 $1,064 $1,623 New payment 1 $1,279 $2,757 Payment amount increase ("shock") $214 $1,134 Principal deferred by Chase $0 $56,250 Principal amount that payment is calculated on $156,632 $403,750 Modified rate 7.00% 5.00% Modified payment 1 $1,064 $2,167 Payment savings $214 $590 1 Interest and any principal only. Subprime modification assumes no term extension and
2/1 Hybrid ARM. |