What are your choices?
A Home Loan Modification is an offer to make a permanent change in the borrowers
mortgage terms which is normally involves a rate modification. To find out if you qualify or how to get help on
a mortgage loan modification there are plenty of attorneys and loan modification companies to help
consumers.
To determine if you are eligible the legal representative will request certain
documentation and ask you income and expense questions. One will need to be in a hardship situation such as job
loss, dramatic reduction in income, divorce, death, etc. many individuals opt to try and do the loan
modification themselves without the assistance of an attorney who knows the laws, knows how to stop a
foreclosure, knows what errors to look for in the closing documents, and what is needed to qualify.
There are other companies out there who claim they can do a loan modification and then
actually can't help the homeowner and find themselves even more underwater since they had to pay that
particular company a processing fee. A loan modification, also called debt restructuring, with an attorney can
significantly make headway for clients at a faster rate and faster responses. I have personally witnessed
people trying to save a buck here and there and do it themselves. Yet, they discover six months later they are
still no closer to a modification agreement and are still chasing down different office staff in the lenders
office.
Some homeowners that are struggling to make their mortgage payments or close to
foreclosure may choose to employ a real estate attorney or a loan modification company rather than doing it ion
their own due to the fact that an attorney has a significantly more positive impact and results, when ordinary
individuals have failed. The lender has to respond to attorney in a timely fashion otherwise there are
penalties, possible loan rescission, and expensive legal fees. They don't want this in addition to a foreclosed
property. Once an individual fails to negotiate with the loan servicing company, it is much harder to use an
attorney later on to stop a foreclosure due to time constraints and the lender having your current information.
Getting to the right person or persons within the mortgage lenders' loss mitigation department can be difficult
to impossible at times. Some have stories that their documents simply disappeared like the loss mitigation has
a magical genie on staff. Mail and faxes may suddenly become misplaced, agreements moved to different
departments, etc. Their objective is to collect for their investors. You are not the client to them. The
investors are.
Remember the lender is mainly trying to collect delinquent payments, not give you a
break. The loan loss mitigation area is not in the business of offering each person that requests 3.00% fixed
rate for 5 or 10 years or reduce the principal loan balance down by $100,000. Although, the odds increase when
using qualified loan modification companies with an attorney. If they are done at all, it is based on the
individual file and must be properly negotiated to achieve positive results. When one uses the loan
modification services from a company that has an attorney on staff, they are usually going to have a better
outcome.
A loan modification is a long term solution, modified forbearance agreements are
designed by the lenders to just get paid. Of coarse they will negotiate with you to get caught up, requiring a
portion of the late payments to be paid up front to reinstate the loan or to stop foreclosure.
Be Careful of Loan Modification Company without an Attorney
There are many loan modification companies also known as
loss mitigation companies marketing their success stories, refunds, and principal reductions. If they guarantee
a principal reduction, then you need to do business elsewhere because that simply cannot be guaranteed period.
It may be a strategy within the loan modification company's marketing but there is no guarantee!
If they say refunds, make sure they disclose the refund amount if their
processing department deems it not to be a favorable file for a loan modification.
I will agree that not every company out there is
untruthful however most of the salesman are working just to make a sales commission. You should work a loan
modification company that has attorneys, paralegals and experienced bank negotiators to personally handle files
that come in.
What is a Typical Loan Modification?
A standard loan modification puts the borrower into a
comfortable and long term ability to make their new payment. Modifying the mortgage terms of the current loan
can involve a very low rate that is fixed for a period of 3 to 7 years then systematically rise to the current
market fixed rates. In certain situations, the lender may also choose to decrease the principal loan balance or
wipe out part or all of the second lien if it is introduce properly with documentation. In summary, a loan
modification should be favorable solution to both the homeowner and the investor.
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