Loan Modifications
Beginning with the first
existence of mortgages,
loan modifications have been
around
to repair the mortgage for
whatever reason
the mortgagee
(lender)
and mortgagor (homeowner)
desired.
Therefore the term
'loan modification' is not a new concept,
it is, and has been, in use
and practice for a long time.
The loan modification is just
one way
the existing loan for your
home can be given a solution
if it is on the verge of
foreclosure.
But in order to achieve a
loan modification agreement
with your lender,
there are some things which
you must be aware of
before your lender approves
your application.
What are Loan Modifications?
Loan modifications typically involve
a reduction in the interest
rate on the loan,
an extension of the length of
the term of the loan,
a different type of loan or
any combination of the three.
Loan modifications to an
existing loan
may be made by a
lender
in response to a borrower’s
long-term inability to repay the loan.
A lender might be open to
modifying the loan
because the cost of doing so
is less than the cost of default.
Loan modifications are
not difficult to achieve, however, they do require a substantial amount of time and effort to
acquire.
However, most homeowner's think and feel
that there is an invisible wall between
them
and loan modifications.
The fact is
that those who have been denied loan
modifications
most likely have not met all the
requirements
or have missed some point or points
that have disqualified them.
The most important thing
is,
to find out
and fulfill
the requirements of the
lender properly and accurately.
It is also important to understand the differences
of the possible modification terms offered to you
by the lender.
In this case we want to specifically compare a forbearance agreement
with a true loan modification agreement.
Although any agreement
that keeps you in your home is a good
agreement,
some agreements will have costly long term
affects,
and knowing the difference may save you
headaches
and heartache in the future.
A Forbearance Agreement
A forbearance agreement,
which is usually the lenders first
choice
to offer a homeowner,
refers to a temporary change in a mortgage’s
terms.
This is done to provide the borrower with a little time
to straighten out problems related to the loan.
For example,
a monthly mortgage payment
might be reduced by
half,
for a six month
period.
In
essence,
such an agreement is intended
to be a short term fix
for a short term
problem.
That means a person who is
unable to work
due to an injury will be able
to earn an income once again
as soon as he is healed up and
resume full payments.
For such a
person,
a long term agreement would
probably not be necessary.
If a long term fix is required,
then a true loan modification will be
necessary.
Loan Modifications
True loan modifications will change
items
in the original mortgage for long term
or possibly permanently.
Loan modifications are most often a permanent
change
in one or more of the terms of a mortgagor’s
loan,
allowing the loan to be reinstated,
which results in a payment the mortgagor can
afford.
Loan modifications are usually a win-win situation:
the lenders get their money in a reworked
fashion
and borrowers get a new chance
to support their mortgage payments at a reduced
cost.
You will need to balance your financial situation,
and assess what went wrong
causing you to fall behind on your
payments.
You will also be required to show how
and when this hardship has or will be
rectified
in what is called a Hardship Letter.
You should calculate the maximum
amount
you would be able to pay
and present that calculated amount
along with the loan modification
application,
to the lender.
Loan mitigation specialists can be of great assistance
to your accomplishing your goal.
An experienced loan mitigation
specialist
can usually make a much better deal for
you,
since they know who to talk to,
they know what to say
and they have been negotiating with lenders for
years.
Each mortgage lender has different criteria for qualification
for a home loan modification
agreement.
In most cases the lender
will try to work towards an agreement
with you or your loan mitigation specialist
firm
to reach a common goal of both parties.
The concept you hope to convey
is that it is better for the lenders
to get smaller monthly payment from
you
than nothing at all,
and it is better for you
to continue paying for your home
rather than be turned out into the street.
To qualify for a loan modification agreement
with your lender
you must take some time
to learn about the loan modifications
process.
It is not really difficult.
Once you know your lenders
requirements,
you should be able to complete the forms
properly
and have a good chance of qualifying for one or
more
loan modifications programs
that will offer you a low, affordable house
payment.
Whether you want to work directly with your
lender
or if you decide to hire a loan mitigation specialist
company, please take the time to educate your self
and do some homework.
It is important to have a general
understanding
of what to expect and how to qualify
so you won’t waste your time,
effort and most of all,
money if you decide to hire someone.
A caution point!
Doctors don't operate on
themselves...
for a reason
Attorneys don't usually
represent themselves...
for a reason
That reason is;
third party representation
or negotiations is not emotionally
involved,
and cannot commit for the principle
borrower.
Therefore,
they usually do a better job and have a better
success rate.
Further, a private mitigation specialist
will be very familiar with each lenders specific
program format.
Plus, they will already have a working repore with
the lenders through the multiple cases they are handling with the lenders.
They know what to ask,
what to send,
what to say,
and what NOT to say.
The application form needs to be carefully
and accurately filled out.
Next you need to collect the documents that are
required
by the lender.
Remember to have supportive documents
for the cause of hardship that you have
mentioned,
as the lender might verify the details,
then submit the package to the lender.
If you are falling behind on your mortgage payments,
do not hide from your lender.
Instead, reach out to them for
assistance.
Your mortgage company would rather work with you
than commence foreclosure proceedings,
which can be quite costly for them.
Who Is Eligible for Loan Modifications
Mortgage holders can qualify
for one of two programs:
-
Mortgage holders who are behind on
their payments can apply for 'loan modifications'
programs.
-
Mortgage holders, whether behind in
payments or not, but whose payments are more than 31 percent of their monthly income,
and can substantiate a current or future hardship of making the current
payment, can apply for the 'refinance' program. It
is only available to people whose mortgages are held by Fannie Mae or Freddie
Mac.
The government’s $75 billion
foreclosure prevention plan is open for business.
Homeowners struggling with mortgage payments
can now take
advantage
of the new loan modifications
programs,
although to this date,
February 2010,
we have not seen much success
with the government programs.
We have seen and achieved
a higher success with
individual negotiation with the lenders outside the government based programs,
especially with an attorney
represented negotiation program.
Do You Need Professional Help?
If you cannot, or
choose not
to do a do-it yourself
program,
to negotiate a mortgage loan
modification on your own,
an attorney or a loss
mitigation specialist
can communicate on your
behalf.
Your attorney or loss
mitigation specialist
should be one
who has a knowledgeable
foreclosure background
and can ensure that you get a
fast response from the lender.
In most cases, any
foreclosure action is stopped while the attorney negotiates with your lender.
Aggressive loan mitigation
specialists
may be able to negotiate a
loan modification
with features such
as;
-
interest rates as low as
2%,
-
loan terms up to 40
years,
-
and in some cases part of your
principal balance may be deferred or forgiven to help you stay in your
home.
If you have an adjustable
rate mortgage that reset
and you cannot meet the higher monthly
payments,
request a loan modification from the
lender.
They will request a complete financial history from
you,
detailing your income and monthly
expenses.
Ideally, you should have some cushion in your
income
to justify a loan modification,
if they switched your mortgage to a fixed-rate
mortgage.
Show them that you can comfortably pay
a fixed rate mortgage through extra
income
from a second job,
and you are more likely to get a
modification.
The Loan Modifications Hardship Letter
The Loan Modifications
Hardship Letter
will paint a picture of your
family’s current financial position.
The federal stimulus
plan
requires that you be facing a
hardship situation
in order to be eligible to
apply for any loan workout.
Your hardship letter should describe your financial dilemma
to your lending
institution,
explain the reason you need a
loan modification,
and show them that this is
the help you need
to keep repaying their
loan.
The lender must
see
that you are determined to
keep your home,
and that this takes top
priority in your financial affairs.
The hardship letter is a homeowner’s explanation
to the lender why they have
defaulted
or may soon default on their
loan.
A good hardship
letter
will encompass the entire
chain of events
leading up to the event that
necessitated writing the letter.
The letter also needs to let
the lender know
if the situation is temporary
or longer term
and what the borrower plans
to do about the situation.
Usually a lender asks for the last two years W-2
and tax returns
as well as the most recent 30
days paystubs
and bank statements (last 2
is common).
In most cases it is also
necessary to provide
details about your monthly
expenses
to paint the financial
picture
that will help the lender to
make a decision,
usually this is done through
the completion
of a financial
statement,
where you will list all
expenses you have.
Don’t hold back,
it will help to know what you
spend
and where you may be able to
save expenses
to afford a new payment
proposed by the lender.
Given the right resources,
most homeowners can talk with
their lender directly
about a loan
modification.
The basis for this
conversation
usually comes down to a well
written
and to the point hardship
letter.
Again, with the proper
resources and commitment,
you should not
fear
talking with your lender
about loan modifications.
You can get assistance
in creating and implementing
your plan on
the Resources Page
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