As loan modifications have become more popular, it’s more important than ever to properly inform the public as to what the various elements surrounding loan modifications.

Q: Is a loan modification right for me?

A: A loan modification can be right for any homeowner who has a steady source of income and who is facing a serious financial challenge.

Q: Do I qualify for a loan modification?

A: Obviously it depends upon your situation.  If you contact a California loan modification attorney today, you could get more information to help you make an informed decision about your financial future.

Q: Do I need to be in default or late on my mortgage loan to get a loan modification?

A: No, loan modification standards have changed of late, and loan modifications can be negotiated for properties in default as well as current on their payments.

Q: What is forbearance?

A: Forbearance is a voluntary postponement of the foreclosure process by a lender.  A lender will refrain from foreclosure if some sort of negotiation can satisfy any overdue payments.  In most instances, unless a loan modification attorney is brought in, there is no change to the mortgage.  Forbearance is not the same as a mortgage loan modification.

Q: How are loan modifications negotiated?

A: Successful loan modifications are negotiated usually by qualified attorneys assisted by experts in various fields and other facilitators.  In this situation, a loan modification attorney will represent a homeowner in negotiating with the lender.  The loan modification attorney will attempt to convince the lender or bank that if the loan is modified the homeowner will be able to make payments and stay in the home.  Sometimes expert witnesses are used to make the case.

Q: Can I negotiate my own loan modification if I am a homeowner?

A: Yes you can.  However, without the knowledge of the industry, the law and how banks operate, you would be at a serious disadvantage.  A loan modification attorney with a qualified, experienced background understands the terminology, the history and how banks negotiate.  While you may never have negotiated a loan modification before, an experienced loan modification attorney may have negotiated hundreds, if not thousands of loan modifications successfully.

Q: What are the advantages of using a loan modification attorney?

A: There are actually quite a few benefits.  They usually get a quicker, positive response from lenders as they have the law on their side.  They also have experience dealing with the mountains of paperwork, the complex process and lenders who will do their best to negotiate a deal that benefits them and not you.

Q: What makes a loan modification acceptable to lenders?

A: In the end, your lender wants to make sure they are getting their money.  For a loan modification to be acceptable, the property owner needs to show two main facts: an obvious hardship and inability to keep making mortgage payments at the current rate; and the ability to continue paying the mortgage if payments are reduced.

Using a California loan modification attorney can be a huge benefit.  A California loan modification attorney can help you get a loan modification quicker and can help you get a loan modification that suits you better.  California loan modification attorneys have the experience and knowledge to work with lenders and negotiate a better deal for the borrower.  A homeowner might be a bit more desperate to make a deal, something the lender or bank might take advantage of.  However, if a loan modification attorney is negotiating new terms for a loan, the lender will be in a much different position.  In fact, a loan modification attorney can use previous experiences with that lender as leverage, or even use past successful deals to get the lender to agree to more favorable terms.  All of this could add up to a great mortgage loan modification as well as thousands of dollars in savings per year.

Here are some other advantages to using a California loan modification attorney:

A loan modification attorney will take a systematic approach – A seasoned loan modification attorney will most likely have helped hundreds, if not thousands, of people stay in their homes through loan modifications.  They will have developed a method for processing paperwork, getting the information to the lender, getting messages from the lender and then processing the new loan modification.  This kind of order is important when you are dealing with a process that is incredibly detailed and incredibly important.

A California loan modification attorney has a team in place – Rather than dealing with the situation all by yourself, or with a spouse who knows as much as you do, a loan modification attorney will most likely have other attorneys or a loan modification company behind him or her, making the process smooth and easy.  These experienced people can take a huge burden off of you, and can attack the problem from different angles.  Rather than dealing with one person, your lender will now be dealing with a number of knowledgeable people who can answer questions quickly, call the lender more often and put you on the best footing possible for a loan modification.

A California loan modification attorney will have an objective view of the situation – You are obviously tied to your house, so you may not have the best view of the situation.  This is important, because it means while negotiating with the lender, they won’t jump at the first offer from the lender.  They can wait, take their time and guide you through the process successfully.  A loan modification attorney can be the calm individual in your life, not affected by the financial storms going on all around you.

Creditors respond better when they hear the word “attorney” – Just like the rest of us, creditors fear the law.  If they know an attorney is negotiating with them, they will react quicker, be more willing to listen to deals and may even make much better offers.  All of this will benefit you in the end.

If you are seriously considering a home loan modification, you probably are researching the subject and exactly what the loan modification industry is like.  Home loan modifications are definitely not something new, but they are new to many people.  The recent real estate and credit crisis has people wondering how long they can last in their current situations; some have mortgage payments which have spiked due to adjustable interest rates and others are threatened by foreclosure.  

Looking for answers is nothing new, and looking for exactly who can provide a way out is also nothing new.  In researching loan modifications, you may have already discovered that there are a number of companies out there willing to take your money.  However, many of these companies provide empty promises, because they are not fully equipped to help you in your time of need.  A loan modification company can really only provide effective assistance if they employ, or are run by, a loan modification attorney.  The reason is that the negotiating can only be done by an individual who has power of attorney.  Also, reviewing the mortgage contract and being able to give legal advice on laws governing mortgage loans is the domain of an attorney.  Without a loan modification attorney, a loan modification company is like a dog with no teeth, all bark and no bite.

You may also have come across companies selling you software or “how to” books on handling your own loan modification.  Unfortunately, this will only set you back hundreds of dollars and might even harm your chances of getting a loan modification.  Such programs and books will promise to provide you with information on lenders, tell you which loan modification options are right for you, let you know if you qualify for a loan modification, and more.  They might even try to claim they can teach you how to lower your interest rate, eliminate fees and do your loan modification negotiating yourself.  These programs can be inaccurate, misleading and dangerous.  If you make a mistake on your loan modification application, you could ruin your chances of getting a loan modification and even lose your home if you’re in the midst of foreclosure.

You need someone you can trust with your loan modification, someone with experience, knowledge and a track record of success.  A qualified loan modification attorney can provide you with the insight you need, as well as the support you deserve.  Instead of trying to figure out forms and paperwork that you can’t understand, or trying to handle a complex process on your own, contact a loan modification attorney.  You do not want to be left on your own to negotiate with some mega-bank, or organizing three years’ worth of financial paperwork with no guidance.  You need an experienced professional who can make the process easier for you and help you keep your home.  Avoiding foreclosure is possible, but only if you trust the right people to get you a loan modification.  Contact a qualified loan modification attorney today to begin the process of keeping your home.

Are you having a hard time with your mortgage?  Are you afraid that you are going to slip into foreclosure?  Did you already receive a foreclosure notice?  If you answered yes to any of these questions, or if you are in any challenging financial situation that jeopardizes the safety of your home ownership, then you probably need to look into a California loan modification.  A California loan modification is the renegotiation of your current mortgage loan so that your monthly payments are lower and more affordable.  

If you are considering a California loan modification, then you should probably follow some important tips that may help you choose a loan modification company, choose a loan modification attorney, get the best deal possible and make the process as painless as possible.

1.    Have a qualified, experienced loan modification attorney examine your mortgage contract for any potential violations.  It is important to have an attorney experienced with contracts review your mortgage to see if there were any “Truth in Lending” violations that may help you in your loan modification negotiations.

2.    Have a qualified California loan modification attorney help you gather and organize all of your financial information, including:  bank statements from the last year; tax returns from the last year or two; pay stubs; savings and retirement account information; and much more.  Having this information organized properly will make your California loan modification application easier to fill out.  It will also make writing your hardship letter much easier.

3.    Know Your Budget – It’s important to remember that a loan modification does not make your loan payment disappear.  Your loan modification simply resets the terms and lowers your payments.  You will still have to make your monthly mortgage payments on time once the loan modification goes through.

4.    Save up your house payments – Usually, people stop making their house payment because they cannot afford to make the full payment.  For example, if someone has an adjustable rate mortgage (or ARM) and their interest rate increases, doubling their loan payment from $1,100 to $2,200, they will stop making payments.  However, this should not be taken as an invitation to just spend that $1,100.  Once you get your loan modification you will have to make a larger payment, as well as subsequent payments every month.  Put the mortgage money into a high-yield savings account and let that money be kept in one place accruing a little bit of interest.  If it takes you four months to complete the loan modification process, you should have $4,400 plus interest waiting to be spent on keeping your home.

These are the kinds of tips a qualified loan modification attorney can inform you of.  Keeping your home has to be a high priority in your life, and a qualified, experienced California loan modification attorney can help you achieve that goal.  Spiraling debt, bills piled high and foreclosure notices can cause fear, anxiety and even apathy.  However, a California loan modification attorney can help you formulate a plan to stay in your home without having to declare bankruptcy.

A financial hardship letter explains to your creditor why you are in financial trouble and requests a specific remedy to help you through the crisis. There are different reasons for writing a hardship letter, but the most common these days are:

1. Requesting a Loan Modification or restructuring

2. Requesting a short sale to avoid foreclosure

The hardship letter is a primary requirement in the loan application process. Your loan modification attorney will ask you to submit it along with your other financial documents, so that they can evaluate your situation and present a strong case to your lender.

When writing a hardship letter for a Home loan modification, keep in mind that the lenders really want to see why you have fallen behind with your mortgage payments. It should be clear, honest, and contain just the right amount of detail. The way you write it can literally spell the difference between keeping and losing your home. Here’s how you can write a hardship letter that puts your point across and gets you the best loan modification deal.

1. Keep it concise. A typical lender can only spend five minutes reading your letter. Try to keep it to a single page; any longer and they might not have time to really read it through. Lose all unnecessary details and keep only those that are relevant to your case.

2. Get straight to the point. Start by stating the purpose of your letter (whether it’s a loan modification or a short sale), so that the reader knows outright what to expect. Basically, it should say “I need you to buy my home/restructure my mortgage/give me a lower interest rate,” in a way that compels them to find out why. You can use the succeeding paragraphs to explain it in more detail.

3. Explain your hardship. First, make sure your problem actually qualifies as a financial hardship. Your goal is to convince your bank that you have no other means of mortgage assistance, and that you can get back on track if they do grant your request. Examples of valid hardships include:

1. Loss or reduction of income (loss of employment, demotion, etc.)

2. Natural disasters

3. Illness and medical expenses

4. Death of a family member or co-borrower

5. Divorce, separation, or other legal expenses

6. Military service

It doesn’t have to be one of these things, of course. Each lender has its own standards, and the letter’s purpose is to give them a more personal look into your situation. Once you’ve established your hardship, provide details that will help strengthen your case. Make sure to tell them how you got into the situation and why it’s out of your control.

4. Restate your request. End your letter by reiterating your purpose, in slightly different words. Ideally, your previous paragraphs should explain that it’s the only way to stop foreclosure. Make it clear that you intend to get back to your regular payments once the loan has been modified.

5. Be humble. One thing you should never do is imply that your situation is your lender’s fault. Instead of pinning the blame on anyone, simply tell things as they are and leave the judgment to your reader. Finally, thank them in advance and mention that you’re looking forward to continuing business with them.

Foreclosure is always a race against time. Although a home loan modification can slow the process, you have fewer options the longer you wait. Not all lenders have the staff or experience to handle mortgage loan modifications. Even with a capable attorney, the process can drag on for months.

But you don’t have to sit and wait. There are some things you can do to speed up the process. Once your home loan modification is under way, these steps can help you get more positive results.

1. Put everything on paper. It’s not uncommon for lenders, especially smaller ones, to lose track of your application. To prevent delays, make sure all your efforts are documented and kept on file. This includes all the calls you make and receive, both from your lender and loan modification attorney. Keep receipts of all your transactions, and make copies so you don’t have to let go of the originals.

2. Do your own financial statements. Part of every home loan modification is a financial worksheet, which will be your main basis for qualification. Most lenders have their own forms, but it won’t hurt to make your own as well. If your lender insists on using their worksheet, at least you’ll have all the information ready.

3. Be as detailed as possible. Too much information is better than too little, and it limits the chances that they’ll call you for more information. A typical worksheet for a mortgage loan modification will include the following:

-Your contact information (address, home phone and work phone, fax and email)

-Information about your property, including the estimated value

-Your current income

-Any additional income, such as welfare, child support, etc.

-Your estimated total value, including other assets such as real estate, investments, savings and checking accounts, IRAs, 401(k), stocks and bonds

-Liabilities, such as existing loans, monthly bills, medical expenses, and tax liens

4. Keep all your bills. The financial worksheet will require you to dig up old bills and hold on to the ones that keep coming. This will help you keep the information as accurate as possible. You may also need to present these bills (or copies of them) along with your hardship letter, which explains why you need a mortgage loan modification. Even if they don’t ask for it, it’s best to include them anyway. That way, there’s no reason for your lender to doubt your statement. The more proof you have, the better your chances of getting that home loan modification.

Be sure to submit as much truthful and verifiable information to your loan modification attorney so they are able to compile the best case to submit you your lender.

Your best tool to negotiate with your mortgage company is the discovery of a Truth in Lending Act (TILA) violation, which in some cases may give you the right to rescind the loan. State and Federal laws require mortgage companies to follow specific guidelines when originating home loans and as a result many mortgage loans have TILA and/or RESPA violations which can be used as bargaining tools when negotiating a loan modification with the mortgage company.

Many of the home loans originated by brokers and lenders over the last few years have unexplainable fees and charges or were manipulated by overstating the borrowers’ income or inflating the property value to allow the lender to illegally profit from the sale of mortgages to investors in the secondary market. Subprime mortgages with hidden interest rate adjustments and pre-payment penalties or Option ARM loans with minimum payment options allowed borrowers to differ interest to a point in future when the loan recasts and forces the borrower into hardship by paying a much higher mortgage payment. In most cases refinancing is not an option due to declining property values or high debt to income ratios. Only a Forensic Loan Audit can discover and document these violations, which may be used against the lender when negotiating a loan modification.

Another common violation occurs when the creditor fails to properly provide a notice of the borrower’s right to cancel. The right of rescission may be extended for up to three years in certain circumstances. When the right is extended for three years you can rescind the loan at any time before the three years are up meaning that the loan is treated as if it never existed. This means that the creditor must refund all interest paid, all closing fees, all broker fees, and even pay for your attorney fees.

The extended right of rescission is a powerful tool to help borrowers who have been victims of predatory lending. During a Forensic Mortgage Loan Audit we often discover TILA violations, which can be used as leverage when negotiating a loan modification.

This is not intended to be construed as legal advice.

Lenders are known to be difficult when it comes to loan modifications. But did you know that they benefit at least as much from the process as you do? The main reason they balk at Mortgage Modification is that they have to train agents to handle them, and each case requires individual attention. But it also saves them a good deal of time compared to foreclosure, and may even have a few long-term benefits. Here are some good reasons why your lender might prefer a loan modification over a foreclosure.

It’s faster and cheaper. In a foreclosure, there are specific wait times that allow the borrower to get current with their mortgage. It’s not uncommon for the process to drag on for almost a year. These delays can cost your lender a good deal of money. A loan modification, on the other hand, takes an average of 30 to 60 days. All they have to do is go over your documents, talk to your loan modification attorney, and see if you qualify. The negotiations are the hardest part, but they don’t cost quite as much as foreclosure expenses.

It’s less work. To start the foreclosure process, your lender will have to assess late charges, file a Notice of Default, pay heavy lawyer fees, and arrange an auction to sell your home. And if you manage to get back on track and stop foreclosure, all the work simply gets filed away. Loan modifications involve less work on their part. You and your  Loan Modification Attorney will do most of the work and provide most of the documentation. Often, all they have to do is assess your case and decide what kind of mortgage assistance you will need.

It helps keep investors. Foreclosures are as damaging to your lender as they are to you. It may benefit them for now, but with the recent housing bubble, it will eventually weigh them down. Investors don’t want to deal with banks that have too many foreclosures on record. If they grant you a loan modification instead, your payments will keep showing up on their records instead of being written as bad debt.

Of course, this doesn’t make it any easier to get what you want from your lender. After all, you’re still a liability—and it’s important to prove that you can get back on your feet. To get the best loan modification deal, you need a good lawyer who knows the what lenders need and can convince them that it’s the wiser choice to settle a loan modification.

Here’s a list of loan modification do’s and don’ts to help you avoid common pitfalls.

Do know your rights.

More than 80% of mortgage contracts violate one or more lending laws—and most of them go unnoticed. But these violations can be your biggest weapon in the loan modification process. They can give you the leverage you need to negotiate with your lender and stop foreclosure. Your loan modification attorney can help you understand your rights and use them to get the results you want.

Don’t wait too long.

The foreclosure process is designed so that you have time to get back on your feet and save your home. But that doesn’t mean it’s safe to procrastinate. The longer you wait, the harder it gets to get you out of that fix. As soon as you decide you need mortgage help, call for a loan modification help and get started.

Do work with your lawyer.

Your Home Loan Modification doesn’t rest in the hands of your lender, your broker, or your loan modification attorney. These people can help, but you have to do your part and cooperate with your lawyer. Make sure to submit your paperwork on time, answer questions honestly, and give them a clear picture of your financial situation.

Don’t file for bankruptcy, unless you really have to.

Many people think that filing for bankruptcy can help them stop foreclosure. But data from the American Bar Association shows that it doesn’t work that way. In fact, 96% of the people who file bankruptcy end up losing their homes anyway—so they’re left with a foreclosure AND a bankruptcy on their records. In some cases, bankruptcy is still a viable option, but don’t make any decisions without getting professional advice.

Do have a backup plan.

Not all people will qualify for a mortgage loan modification. Maybe you’ve fallen too far behind, your lender may be simply hard to work with, or maybe you don’t need it after all. In any case, it’s always good to have a Plan B. Your mortgage modification attorney can help you find the best solution.

If you can’t get your loan modified, talk to your lawyer about a short sale. This involves selling your home for less than its fair market value and giving the proceeds to your lender. Although you still lose your home, it’s not as damaging to your credit as foreclosure, so it’s easier to get back on your feet.

Everyday we read about the worldwide financial crisis and, specifically, about the U.S. banking and housing crisis.  To understand the challenges facing borrowers during the Housing crisis, it is critical to understand adjustable rate mortgages – how they work and how they can impact you. 

ARMs offer both advantages and disadvantages. Unlike a fixed-rate mortgage, an ARM provides interest rates that change periodically – and payments that go up or down accordingly.  At first, lenders generally charge lower interest rates for ARMs and this makes an ARM easier to afford initially.  If interest rates remain steady or move lower, this can work to your long term advantage. It is important, however, to weigh the risk that if interest rates increase in the future, so will your monthly payments. 

The initial rate and payment on an ARM will remain in effect for a limited period–ranging from several months to 5 years or more. After this initial period, the interest rate and monthly payment may change at regular intervals – every month, every year, every 3 years.   This period between rate changes is called the adjustment period.

The interest rate on an ARM is determined by two things: the index and the margin. The index is usually a standard measure of interest rates and the margin is an extra amount that the lender adds. If the index rate goes up, so does your interest rate and monthly payment.  On the other hand, if the index rate goes down, your monthly payment may go down. Not all ARMs adjust downward, however so be sure to read the details about any loan you are considering. 

Lenders base ARM rates on a variety of indexes. You should ask what index will be used for your ARM, how it has fluctuated in the past, and where it is published.  

The margin may differ from one lender to another, but it is usually constant over the life of the loan. The fully indexed rate is equal to the margin plus the index. For example, if the lender uses an index that is currently 4% and adds a 3% margin, the fully indexed rate would be 7%.

Some lenders base the amount of the margin on your credit record – the better your credit, the lower the margin. In comparing ARMs, look at both the index and margin for each program.

An interest-rate cap places a limit on the amount your interest rate can increase. Interest caps come in two forms: A periodic adjustment cap, which limits the amount the interest rate can be adjusted up or down from one adjustment period to the next, and a lifetime cap, which limits the interest-rate increase over the life of the loan.  By law, virtually all ARMs must have a lifetime cap.

In addition to interest-rate caps, many ARMs limit, or cap, the amount your monthly payment may increase at each adjustment.  A payment cap can limit the increase to your monthly payments but also can add to the amount you owe on the loan. This is called negative amortization.

If you are considering an ARM, ask yourself: 

– Is my income enough–or likely to rise enough–to cover higher mortgage payments if interest rates go up? – Will I be taking on other sizable debts, such as a loan for a car or school tuition, in the near future? – How long do I plan to own this home? If you plan to sell soon, rising interest rates may not pose the problem they do if you plan to own the house for a long time. – Do I plan to make any additional payments or pay the loan off early?

 

Golden Rule:  Before you consider any loan, ask questions and read the details. For information and news please visit Loan Modification Help Center