Archive for category Loan Modification Tips

Do You Qualify For a Loan Mod?

Lenders and servicers will, in general, look for one thing when you submit a loan modification request. They look for a documentable hardship of course, but at the end of the day if they decide to grant your request for a loan modification all they really want to know is if you can afford the new payment(s). This is the big secret behind getting a loan modification approved.

There is, however, an art to making loan modifications work. You must disqualify yourself from your old payments and at the same time qualify yourself on a new payment structure. It sounds complicated and it is at first but you will quickly learn important strategies for effectively processing loan modifications.

To understand what the lender or servicer considers qualified, you have to know how lenders calculate your income. The income you can use to qualify for a modification is different from traditional income calculations used to qualify for traditional loans. Moreover, the difference in the qualification guidelines is typically in your favor.

For a loan modification, you can qualify based on your documentable total household income. As such, you can count income from almost any source: Grandma’s SSI, income from child day care services, from a second job paid under the table, etc. so long as it can be proved. Proof must be in the form of bank statements, 1099’s or in some other documentable form as outlined in the submission paperwork you will provide the lender. In addition, if only one of two spouses was on the original loan, the other spouse’s income can count so long as it is documentable. Once you calculate all documentable monthly income from all household sources you then have what you can present to the lender as the new qualifying income.

To calculate a qualifying monthly mortgage payment, use the benchmark fully amortizing 5.00% rate on whatever the new balance might be, counting arrearages if they are added back into the loan. WARNING: this is only for a general qualifying exercise only; do not expect this rate or payment! If the payment at 5.00% is just too high, then you may not be an appropriate candidate for a modification. However, you can still request help with other services such as a deed in lieu of foreclosure, a short sale or postponing as long as possible a notice of trustee’s sale in an effort to help you transition to more affordable housing.

The Law Offices of Fransen & Molinaro is committed to providing professional foreclosure assistance to expedite helping families, lenders and servicers in facilitating the loan modification and loan workout process. We feel that this is crucial in assisting all parties avoid foreclosure and minimize unnecessary costs, fees and headaches.

If you qualify for our Loan Modification Plan:

  • We will stop your lender or servicer from contacting you
  • You may be able to stay in your home for several months without having to make another mortgage payment
  • We will work with you to protect your assets from the bank
  • We will help you plan a complete exit and recovery strategy that will make this as painless as possible

Lenders and servicers are very busy with desperate homeowners trying to save their homes from foreclosure. Unfortunately, they do not have the man power or the capabilities to save everyone. Many people are simply getting lost in the system and suffering an unnecessary foreclosure when they could have worked it out with their lender.


Learn how to avoid mortgage and loan modification scams

Is it me or are “loan modification scam” companies becoming as prevalent as mortgage broker chop shops were a couple years ago?  I don’t mean to be overly critical, and I understand many do good work, but I have heard stories of “former mortgage industry professionals” charging thousands of dollars to negotiate with the bank on behalf of the borrower.

At the risk of sounding like a protectionist, isn’t this something that should be done by a lawyer?

I have so many people come into my office who were victims of “predatory lending” and then victims of this next loan modification craze.

Take for instance just last month, I had a client tell me they paid $15k to a “modification company”.  The company promised her they would reduce her balance and lower her interest rate to 5%.  This truly sickens me. The homeowners struggling with their payments are facing what can be one of the most traumatic experiences of their life.  This vulnerability unfortunately attracts those without regard for others plight.  Laws are in place to prevent this activity, but are not enforced enough.

Anyone else hearing about this stuff?

My law firm has been getting more and more calls recently from homeowners that were victims of predatory lenders who put them into an unaffordable loan and now fell into the hands of those same people who sold the toxic loans but profess to be saviors… DON’T BE A VICTIM TWICE!

Do your homework and THOROUGHLY investigate any firm before hiring them to save your biggest asset and the place you call “home.” These scammers are popping up like dandelions on a freshly mowed lawn. They advertise on the Internet, freeway billboards, radio, television, and print media everywhere.

Make no mistake, in many cases, these are the exact same loan officers and mortgage brokers who fleeced homeowners the first time around. After losing their jobs with the crash of the mortgage industry, they have found a new way to make ill-gotten profits from hard-working homeowners through loan modifications.

In California there are laws prohibiting fees being charged to those in foreclosure (Foreclosure Consultants Act, CCP Sect. 2945).  I know this type of law is also common in other states.  I think we will see this law enforced more and more going forward, but as of now it seems like the wild west.  By the way, I was a mortgage broker before becoming an attorney and I have a great deal of respect for professionals in the industry, I just wonder about the “opportunistic” agents who may be continuing where they left off…

In California, the Department of Real Estate website (www.dre.ca.gov) lists the companies that have DRE “permission” to modify loans… add to this list any licensed California attorney, and that is where you should begin your due diligence when you seek help in California. Other states probably have similar laws, so check with your own state DRE.

In my opinion, the advantage of working with a law firm comes from the “whole picture perspective”.  Many homeowners have collateral issues, such as bankruptcy and deficiency judgments.  Lenders also often require homeowners to sign a release of any and all legal claims based on the origination and servicing of the loan as a condition of the loan modification.  It makes sense to have the loan reviewed to make sure there are not relevant claims being waived.  For this reason, we audit every loan file at the beginning of every loan modification.

Another point for having a law firm involved is the fact that a lawyer may have contacts within the legal department that provide a more expedient process.  Not always, but its at least another avenue to pursue.

Given the advantages, a law firm should probably cost more than a mortgage broker turned loan mod specialist.  Surprisingly i have found this not to be the case.  My suggestion to homeowners is to either do it yourself, or find an attorney that specializes in this area.  Sorry if this steps on anyone’s toes, but i think it just makes good sense.

Here is some advice from my partner, Paul Molinaro…

Do your homework and THOROUGHLY investigate any firm before hiring them to save your biggest asset and the place you call “home.”

These scammers are popping up like dandelions on a freshly mowed lawn. They advertise on the Internet, freeway billboards, radio, television, and print media everywhere. Make no mistake, in many cases, these are the exact same loan officers and mortgage brokers who fleeced homeowners the first time around. After losing their jobs with the crash of the mortgage industry, they have found a new way to make ill-gotten profits from hard-working homeowners through loan modifications.

Here is some important loan modification advice and tips to avoid mortgage scams:

1) Loan modifications are easier when you are late on payments.  That being said, I never recommend someone miss payments unless they truly don’t have the ability to make them.

In other words, if you have to use a credit card to make your mortgage payment, the end maybe near.  At that point, I may advise someone to stop making the payment, since its really just a matter of time.  Other than that, stay current on your mortgage.  It will be harder to get a loan modification but your credit is still important.

2) Guarantees are simply misleading.  No one can really guarantee results.  The truth is, as an attorney, I am prohibited from making guarantees.

3) Hire a lawyer. As to the loan modification process, much of it can be done by non-lawyers.  In fact, it can be done completely by the homeowner himself.  This is also true of wills/trusts/divorces/etc.  But think about this? You are renegotiating a legal contract.

It’s practicing law and that’s my opinion.

Remember when you complete a loan modification, you are signing a new note that typically states you are waiving any and all claims associated with your mortgage up to that point.  What if there was a potential legal claim that would have saved you $100,000?  It’s not worth the risk.

Frankly, if you can afford to hire someone, hire a lawyer.  Otherwise, do it yourself.

4) Communication is one of the biggest complaints in most service businesses.  Law offices can be bad at this as well.  Try to find a law firm that is responsive to your calls in the beginning.  It’s not a guarantee you won’t have problems down the road, but it is at least an indicator.

That being said, let me give some general advise that may be of some use.

1) First, make sure you need a lawyer.  Not everyone does. Second, assuming you need a lawyer, determine what the purpose is.

2) You may be able to communicate directly with your lender and achieve the same results.

3) If you get a loan modification agreement on your own, you could then consult with a lawyer to review the details and make sure the contract is sound.  This may only cost you a few hundred dollars, as opposed to thousands.

4) Have you been scammed? If you think you may have legal claims against your lender or a loan modifications scammer, you will want an attorney that has experience pursuing these claims.  My suggestion is to talk with a couple at least  a few lawyers to get the right fit. Call your states BAR or county legal aid resources which you can Google and research.


Loan Modification Frequently Asked Questions Hud.gov

A Loan Modification is a permanent change in one or more of the terms of a mortgagor’s loan, allows the loan to be reinstated, and results in a payment the mortgagor can afford.

Question 1: In utilizing the Loan Modification option to bring an asset current, can the mortgagee include all fees and corporate advances?

Answer: Mortgagee Letter 2008-21 states in part: Legal fees and related foreclosure costs for work actually completed and applicable to the current default episode may be capitalized into the modified principal balance.

Question 2: May a mortgagee perform an interior inspection of the property if they have concerns about property condition?

Answer: Yes, the mortgagee may conduct any review it deems necessary to verify that the property has no physical conditions which adversely impact the mortgagor’s continued ability to support the modified mortgage payment.

Question 3: Can a mortgagee include late charges in the Loan Modification?

Answer: Mortgagee Letter 2008-21 states that accrued late charges should be waived by the mortgagee at the time of the Loan Modification.

Question 4: When utilizing a Loan Modification option, can a mortgagee capitalize an escrow advance for Homeowner’s Association fees?

Answer: HUD Handbook 4330.1 REV-5, Paragraph 2-1, Section B, Escrow Obligations states: Mortgagees must also escrow funds for those items which, if not paid, would create liens on the property positioned ahead of the FHA-insured mortgage.

Question 5: Is there a new basis interest rate which mortgagees may assess when completing a Loan Modification?

Answer: Yes, Mortgagee Letter 2008-21 states that the new basis interest rate is 200 points above the monthly average yield on U.S. Treasury Securities, adjusted to a constant maturity of 10 years.

Question 6: Will HUD subordinate a Partial Claim, should a mortgagor subsequently default and qualify for a Loan Modification?

Answer: If a mortgagor subsequently defaults and qualifies for a Loan Modification, HUD will subordinate the Partial Claim.

Question 7: Are mortgagees required to perform an escrow analysis when completing a Loan Modification?

Answer: Yes, mortgagees are to perform a retroactive escrow analysis at the time the Loan Modification to ensure that the delinquent payments being capitalized reflect the actual escrow requirements required for those months capitalized.

Question 8: Is the mortgagor eligible for the upfront premium refund at payoff of a modified loan?

Answer: It depends upon when the closing date occurred. For assets closed:

After July 1, 1991 but before January 1, 2001, the 7-year unearned premium refund schedule shown in Mortgagee Letter 1994-1 remains in effect,

On or after January 1, 2001 that are subsequently refinanced, the 5-year refund schedule shown in the attachment of Mortgagee Letter 2000-46 applies, or

On or after December 8, 2004, refunds of upfront MIP are eliminated except, when the mortgagor refinances to another FHA insured mortgage. The refund schedule attached to Mortgagee Letter 2005-03 has been modified to a 3-year period.

Question 9: Can a mortgagee qualify an asset for the Loan Modification option when the mortgagor is unemployed, the spouse is employed, but the spouse name is not on the mortgage?

Answer: Based upon this scenario, the mortgagee should conduct a financial review of the household income and expenses to determine if surplus income is sufficient to meet the new modified mortgage payment, but insufficient to pay back the arrearage. Once this process has been completed the mortgagee should then consult with their legal counsel to determine if the asset is eligible for a Loan Modification since the spouse is not on the original mortgage.

3 visitors online now
3 guests, 0 members
Max visitors today: 5 at 01:21 am GMT+7
This month: 17 at 03-02-2010 08:03 am GMT+7
This year: 39 at 02-26-2010 06:30 am GMT+7
All time: 39 at 02-26-2010 06:30 am GMT+7