That is not correct. Being underwater is not a acquirement for HARP. There may not be a benefit to a refinance in his particular situation, but to clarify that does not mean he does not qualify for it.
Even if you have equity you may very well qualify and be able to save money and *possibly* be able to do it all with no appraisal needed through HARP. Even if you dont qualify for HARP and you have that much equity, you may still be able to refi with no appraisal and save $$ or reduce term. At 4.5 in a 30yr today though, your likely good unless you need to reduce term or cash out.
The only people that DO qualify for HARP or HAMP (the modification end of the roll out) are people that have a loan that was purchased or originated by Fannie Mae or Freddie Mac (the GSEs) prior to June 1 2009. Roughly 75% of conventional loans are purchased by the GSEs.
If you dont fit that since criteria, than no mater what the guy on the other end of the line is telling you, your not signing up for a HARP refinance