Loan Modifications: More Harm than Good?
January 27th, 2010 by adminIn 2009, millions of United States homeowners learned that modifying their existing home loans served only to expedite foreclosure rather than prevent it. A U.S. Treasury report released in early December of 2009 revealed that only 4% of applicants under the federal government’s Home Affordable Modification Program (HAMP) have been able to successfully modify their loans on a permanent basis. Further, of those 4% that were able to modify their loans, an amazing 40% went into default within the following 6 months. The unfortunately reality exposed by this report is that while many homeowners allowed their homes to go into default to initiate a time consuming modification process, they effectively disregarded their most viable option for debt relief: a short-sale.
As many homeowners across the country became enticed with the prospect of reducing their monthly payments and loan balances via the HAMP loan modification process touted by government officials, borrowers began contacting their lenders in droves. Banks often instructed borrowers that they must discontinue making their mortgage payments in order to qualify for a modification. Homeowners also found that allowing their home to go into default provided them increased leverage to expedite modification negotiations with their lenders. It is at this point in the modification process that an agonizingly slow train wreck was initiated as seemingly endless unreturned phone calls, requests for more documentation, and transfers to various bank representatives were experienced across the country. All the while the normal 6 to 8 month window between default and the foreclosure sale was closing steadily.
The vast majority of homeowners ultimately learned that the bank would not reduce their principal loan balances and that their monthly mortgage payments would only be reduced nominally or temporarily. Often times this realization didn’t come until after the notice of trustee’s sale was received by the homeowners ? when the debt relief window was only still barely open a crack. The unsubstantiated hope that the HAMP modification program created in millions of financially distraught borrowers served only to prevent them from taking advantage of what has become the most reliable and effective way to avoid foreclosure.
The short-sale process initially started out on rocky ground before banks had time to set up adequate systems and procedures to accommodate large numbers of applicants. However, the year 2009 saw the short-sale process grow increasingly more expedient as the average bank processing period for a completed application rapidly dropped from 4 to 6 months down to 2 to 3 months by year’s end. Further, most borrowers are no longer required to default on their monthly payments prior to attempting to sell their homes for amounts less than what is owed. Apparently realizing that short-sales represent the most effective method to stave off mass foreclosures, the federal government has also acted to eliminate income tax penalties for short-sales until 2012. Not surprisingly, all of these events have led to an increasingly large amount of successful short sales in 2010.
Many will contend that loan modifications are more appealing since they permit borrowers to remain in their homes while short-sales only serve to sell their homes to others. However, it is essential to remember the large percentage of borrowers that are foreclosed upon even after they have successfully modified their loans. Not to mention the incredibly small number of applicants who are actually able to modify their loans to agreeable terms. Furthermore, is it unreasonable to assume that financially troubled borrowers would be better served selling their properties short and moving into more reasonable accommodations until better suited to take on increased debt?
Short-sales represent the conservative option for borrowers looking to get out of increasing debt and into a position where they can begin saving for the future again. Alternatively, loan modifications have become a long-shot gamble on the part of the borrower with only a limited amount of time between default and foreclosure. If the goal is to reduce debt and monthly payments while avoiding foreclosure, there is no doubt that a short-sale is the most reliable and effective course of action.
Home Loan Modifications, Delinquencies, And Foreclosures Rose in The First Quarter
January 20th, 2010 by adminLenders and servicers were able to modify more troubled loans during the first quarter, according to a recently released government report, but the number of homeowners falling behind on their payments continued to increase as well, and at a faster pace.
The report by the Comptroller of the Currency and the Office of Thrift Supervision, the regulator for banks and thrifts across the country, stated that home loan modifications during the first quarter of 2009 jumped 55 percent from the last quarter of 2008 and 172 percent from the same quarter last year. The two agencies’ report represents data from 64 percent of outstanding first lien residential mortgages.
According to the report, most modifications decreased homeowners’ mortgage payments by lowering the interest rates and/or extending the maturity of the mortgages. Lenders and servicers are still reluctant to include principle reductions in loan modifications as witnessed by 1.8% of modifications that included a reduction. Principle reductions could increase dramatically since the passage in Congress of the Safe Harbor Bill in May. The bill gives loan servicers greater autonomy from mortgage investors in how they negotiate terms on home loan modifications, including principle reductions. It’s often been the case that the investors that own the mortgages prevent principle reductions from being granted.
The biggest negatives of the report were the disclosures that the number of delinquencies and foreclosure filings increased as well. Additionally, the number of seriously delinquent homeowners, who have missed at least two payments, is growing at an increasing rate as unemployment and reductions in pay are taking a toll on formerly solid borrowers. Post modification defaults also continued at high rates. “While I’m very concerned about the rise in delinquent mortgages and foreclosure actions, the shift in emphasis by servicers to more sustainable, payment-reducing modifications is a positive step that should show significant benefits in the coming months,” Comptroller of the Currency John C. Dugan said in a statement.
What stood out in the statistics is that the housing crisis is shifting away from risky borrowers in loans that were ticking time bombs to homeowners that have always been considered solid credit risks. The default and foreclosure rates in the risky subprime category are now being surpassed by those in the prime mortgage category. Prime borrowers, who are traditionally considered safer credit risks and compose the largest category of homeowners, are now falling behind on their payments faster as unemployment rises and home values drop.
The percentage of prime borrowers that have missed two payments on their mortgage rose 20.3 percent during the first quarter compared with the fourth quarter of 2008. It was up 163.7 percent compared with the same quarter a year ago. Prime borrowers make up approximately 67% of all U.S. mortgages. With 661,914 mortgages in serious delinquency up from approximately 250,000 in the same quarter of the previous year, industry watchers are wondering where the carnage will end in the category. In comparison, the percentage of subprime borrowers that were seriously delinquent rose only 1.5 percent during the first quarter. It was up 54.9 percent from the same period a year ago. As the first mortgage category to see massive numbers of defaults beginning in late 2006, most of the damage in the subprime category has already occurred, resulting in statistics that paint a relative level of stability.
The numbers reported by the Comptroller of the Currency and the Office of Thrift Supervision do not include any results from the Obama Administration’s “Making Home Affordable” plan due to its initiation at the end of the first quarter. The slow ramp up of the program has been a major concern for industry watchers, many of whom now think that the program by itself won’t have a major impact on the foreclosure crisis.
Sounding a more optimistic note, JP Morgan Chase announced that they had approved over 138,000 trial home loan modifications to date. A trial modification is one where the homeowner is granted lower payments for three months while a formal loan modification is finalized. The homeowner must stay current on payments for the three month trial period to see the modification through to its completion. JP Morgan Chase, through its purchase of Washington Mutual, is one of the largest lenders in the country.
“It has taken some time to put the resources in place to handle the extraordinary customer demand during this crisis, to incorporate each update to the administration’s Making Home Affordable Program, and then to properly evaluate each borrower’s situation,” Charlie Scharf, head of Retail Financial Services at JPMorgan Chase, said in a recent statement. “Over the last three months, we have made great improvements and we expect the numbers of approved modifications to continue to grow for some time.”
Another issue coming to light is that homeowners need assistance in navigating the loan modification process. The time needed, knowledge of the minutia in mortgage contract, and experience in negotiating terms for the most optimal outcome in a loan modification are proving to be beyond the purview of most homeowners. With foreclosure looming, it is becoming obvious that hiring legal counsel to negotiate new terms is the best single option for homeowners. With over 600 completed loan modifications, The Feldman Law Center has the experience to provide superior solutions tailored to the specifics of each homeowner’s needs. They can be reached at (800) 527 8497.
Author: Greg Feldman
Feldman Law Center – Home Loan Modifications as Homeowners Best Option
January 20th, 2010 by adminFeldman Law Center – News by Feldman Law Center – For all the negatives that have been written about loan modifications, and there have been a lot, the option is far and away the best option for struggling homeowners trying to stay in their homes and preserve their credit scores. As property values have plummeted, the possibility of selling or refinancing the home has been erased. That leaves foreclosure, a short sale, or short refinancing as the remaining options outside of a loan modification for homeowners to resolve their issues with their lenders. All of those options do extreme damage to credit scores and stay on the homeowners’ credit report for a minimum of seven years.
A home loan modification is basically a change in the terms of a homeowner’s existing mortgage with the objective of bringing the monthly mortgage payment back in line with the homeowner’s current financial situation. By modifying the existing mortgage, the transition doesn’t affect the credit score of the homeowner. Additionally, the credit score of the homeowner does not carry much weight in the modification process.
A home loan modification’s main feature is normally the alteration of terms on the existing mortgage’s first five years. It’s not unheard of for modifications to alter terms for the life of the mortgage but most of them cover the first five years. It is hoped by all that conditions in the economy, real estate values, and the job market improve enough by that time that homeowners will either be able to sell the property or afford payments at the higher levels that go into effect once the modified rates revert back to their original levels. The modification benefits the lender by keeping the homeowner in place, which results in continued cash flow from the property, and by preventing the property from going into foreclosure and back on to the books of the lender.
As simple as the process has been made to sound here, the negotiation of terms on a mortgage is not in the normal purview of a homeowner. Hiring legal representation is the best way for a homeowner to ensure that will get the best results possible for their personal situation. An attorney will base the negotiation for the loan modification on the homeowner’s total financial picture, including credit card and consumer debt. Where it makes sense, the firm may initiate debt negotiations, along with the home loan modification, on the other debts carried by the homeowner including credit cards, revolving debt, consumer loans, unpaid medical bills, etc.
The law firm will also assist in the drafting of a hardship letter, which details the conditions of the challenges facing the homeowner. Hardships can include an adjustable rate mortgage with payments that have increased to the point where they are out of reach of the homeowner, pay cuts, job losses, illness, or divorce. The hardship letter should also include the homeowners plan for dealing with and getting past the current hardship. From that point negotiations begin, the ultimate prize being the modification.
If you are struggling with your mortgage payments, are behind on payments, and/or facing foreclosure, talk to an attorney’s office that specializes in home loan modifications. The Feldman Law Center has executed over 600 loan modifications and has the experience and knowledge to get the best possible results to address your specific needs. Call them today at (949) 544 8224.
Feldman Law Center – What Do Higher Taxes Mean For Loan Modifications?
January 6th, 2010 by adminIn today’s unpredictable economy, you can’t take anything for granted. You don’t know if you’ll have a job tomorrow, if you will be asked to take an unpaid vacation, or if the interest rate on your home mortgage will spike. What if gas prices soar? Will a trip to the grocery store for your family’s weekly necessities cost more? So much of the territory that our country, and the world, is venturing into is unchartered.
While we don’t know what the future holds, we can try to plan appropriately for it. How can you prepare yourself for future expenses, save money, or spend less in your current situation? Many wise people are considering these questions now.
In addition to planning for the future, we can also take advantage of the opportunities that we are offered today. One opportunity being offered to many troubled homeowners is a home loan modification.
President Obama’s housing plan involves offering many people a chance to modify their home loans. If a distressed homeowner lives in his or her property, falls within the requirements for the amount they owe, and meets additional criteria, they could be eligible for the government plan. The FDIC even has a “mod in a box” home loan modification program that they are hoping to enlist lenders in taking part in. Even if you don’t take advantage of the government’s specific plans, and are a homeowner in a volatile financial situation, you can still opt to modify your home loan.
With the help of the Feldman Law Center, you can have a better chance at protecting your financial future. You do not know when home loan modifications will start to taper off, how long you will be at your current job, or how your taxes could be changed in the future. If you are concerned about your adjustable rate mortgage, or a potential bankruptcy or foreclosure, you need the help of experienced attorneys on your side.
The federal government as well as many state governments, are talking about increasing taxes. What is the potential fallout of that? Given the uncertainty we are facing now, it is hard to guess what higher taxes might result in. But perhaps homeowners would have to pay higher property taxes, or perhaps additional fees and penalties could be added to home loan modifications.
Debates on the efficacy of taxes, both low and high, are inevitable. Chances are good that tax rates and structures will soon change. Will this be good for your current situation? Will you pay more, or less? Will you be a part of the population paying for the benefit of others, or will you be the beneficiary? Obviously, this depends on many factors. It doesn’t seem prudent to generalize widely about this. Every situation will end up being different.
It might not be a good idea to wait for a loan modification. They are available now. Call the Feldman Law Center today. We specialize in loan modifications and are ready to assist you today.
10 Frequently Asked Questions on Loan Modifications
January 4th, 2010 by adminQ) Is unemployment considered a hardship?
Loan Modification Help Center – How Loan Modifications Help People
December 22nd, 2009 by adminIt’s one thing to tout the promises of loan modifications, it’s a much more impressive thing to demonstrate how they have helped people avoid foreclosure and stay in their homes. Homeowners throughout America who have embraced home loan modifications have seen their lives altered for the better, and many of them have cried tears of joy at being able to remain in their homes with their families.
One man, Juliano, got a home loan modification which caused the lenders to stop the foreclosure sale. He was assisted by a loan modification company during a difficult time in his life, and has a great story to tell, instead of being just another statistic. Another man, Aaron, who is married, almost had his house sold out from under him! However, with the help of a qualified home loan modification company, he was able to keep himself and his family in his home.
A particular heart breaking story involved a woman who was in dire straits. She lost her job and went through a divorce, on top of facing a home foreclosure! The lack of equity in her home made selling it a huge challenge, and her inability to make her monthly payments meant that foreclosure was right around the corner. However after contacting a qualified home loan modification company, they renegotiated the terms of her home mortgage loan which allowed her to stay in her home and avoid foreclosure. There are countless other people who avoided foreclosure, avoided a short sale and were able to stay in their homes with their families due to the help of a loan modification attorney.
Millions of Americans are learning more about home loan modifications, and California loan modification attorneys have helped countless Californians stay in their houses. So many people have become statistics, falling victim to the current economic crisis because they were either unprepared or lacked knowledge. If people really understood just what a California home loan modification attorney could do for them, neighborhoods would have a lot less foreclosure signs.
A home loan modification could be made to the rate or the balance of your mortgage, lowering your monthly payments and giving you the option to stay in your home. Home loan modification specialists will negotiate with your lender/bank, getting them to agree to new loan terms, terms that favor your situation. Being in financial duress can be embarrassing, and you may feel as if you’re all alone in the world. However, as evidenced by the above examples, there are so many people who need help right now that reaching out for assistance actually makes you more normal.
People can be hampered by the strangest things when it comes to finances: shame; stubbornness; lack of knowledge; and other easy to fix situations. A home loan modification can be the answer most people are looking for to stay in their homes. If you need help staying in your home, contact a California home loan modification specialist. Their California home loan modification attorneys will work with you to assure you stay in your home for a long time.
Visit us at http://www.loanmodificationhelpcenter.org/ or call 800-359-6941.
Legal Disclaimer
The information contained herein is provided for general information and advertising purposes only and is not intended to convey a legal option nor legal advice for any particular case or situation. Nothing in this article shall create an attorney-client relationship. Nothing sent to this law office via e-mail shall constitute an attorney-client relationship. Nothing contained in this article shall be construed to be a guarantee or prediction of result. Prior results are provided for general information purposes only and do not guaranty, warranty or predict a similar outcome with respect to any future matter. Results achieved depend on individual circumstances and not everyone will qualify or be successful in restructuring their mortgage loan.
Actual Loan Modifications!
December 12th, 2009 by adminA church deacon, Truman McGill, came to me about modification possibilities after he had already lost his foreclosure hearing and had a sale date 3 weeks away. His servicer was Litton Loan Servicing and they amazingly agreed to stop the sale process once they received a complete modification request with all the supporting documents. Litton won’t hold things up for clients that make half-hearted attempts but this client was motivated and Litton proved sincere. He ended up shaving over 30% off his mortgage payment and was reset to “current” without any makeup payments. Please visit illinoismortgagemods.com to review even more actual loan mods delivered through us. Truman actually lives in Florida (Our Attorney is licensed in Illinois and Florida) but for details on a couple of local mods continue reading below.
A West Chicago man that lost his foreclosure hearing and had a sale date scheduled is still in his home after not making a payment for 24 months! His lender is Countrywide and once I got his file into the loss mitigation department they cancelled the sale date. There are now working on qualifying him for the Making Home Affordable program and he is likely to keep his home. He is capable of making payments going forward but can’t make up the 24 months past due. I have been able to help clients avoid upfront forbearance payments on all my loan modifications so 24 months without a payment is really 24 months without a payment!
A Des Plaines couple came to me seeking a loan modification on their first mortgage even though their lender (West Suburban) didn’t receive any TARP funds and isn’t participating in Making Home Affordable. When a non-participating lender makes a modification they don’t get any offsetting subsidy from the government so it is much more difficult for them to help homeowners out. I was very impressed as West Suburban lowered their 6.25% loan to 4% for 1 year, 5% for second year, and 5.5% for remaining term. This was a good result however it leaves them with a payment well over 31% of their income and is more likely to re-default then loans done within the Making Home Affordable program. The key will be how well the husband does in his new career, if his income rises then this will be a good save.
Are Loan Modifications Good or Bad?
December 7th, 2009 by adminA new report from bank regulators shows that banks are starting to lower the principal amounts due on home loans for some struggling borrowers, a practice known as a Loan Modification. Banks believe that by taking the hit now they can improve their chances of being repaid. Over the next few years banks and other lenders will be wading through thousands of mortgage modification applications. The approval rate of loan modifications in the second quarter of 2009 was 10%, which is a 7% jump from the first quarter, based on a Office of the Comptroller of the Currency Report. Lenders now have the capital to justify loan modifications because of their balance sheets have stabilized with an influx of federal cash. The Obama administration announced plans to help underwater homeowners in March. The plans include financial incentives for mortgage-servicing firms that modify loans. But, the plan involved giving billions of dollars to troubled banks with very few strings attached. Ultimately it has taken until now for the lenders to use the government hand-out as a justification to modify mortgages.Obama’s critics say that banks should have never underwritten loans on a stated income basis, and that many home buyers should have known that the homes were beyond their means. Obama’s plan has been criticized because many see it as using tax dollars to ultimately bail out these two irresponsible parties.
Almost a half million loan modifications were recorded in the second quarter of this year, and 10% of those involved reducing the principal. Even with this help, some homeowners are beyond help. This is often a sign that the loan was irresponsibly approved and processed. A whopping 28% of the mortgages modified in the first quarter of 2008 were in default again within three months. Also, of the loans modified in the second quarter of 2008, 56% were in default again a year later. The most common tactics in loan modifications have been to either reduce interest rates or extend the term of the home mortgage. These methods help homeowners without requiring lenders to reduce the principal owed. The last resort for any bank is to write off a portion of the loan altogether, but this is happening in about ten percent of cases. Lenders first try to modify mortgages by lowering the interest rate for qualifying borrowers. If that doesn’t lower the payment enough then the bank may extend the term of the loan, which will lower the monthly payment even more. Despite of the mortgage modification efforts of lenders, foreclosures still continue to rise. In a report last week, an estimated 12% of U.S. homes with mortgages will be in foreclosure over the next few years. The report said that mortgage modification efforts are not expected to significantly ease the problem, mostly because so many homeowners default again. Because of the rate of defaults after a loan modification, many say that federal involvement is just slowing the inevitable. In the end, all of the irresponsible lending and borrowing would have fixed itself quicker without government resources.
Countrywide to Tighten Up Loan Modifications
October 31st, 2009 by admin
Homeowners hoping to get a loan modification with Countrywide may want to rethink their options. Countrywide Financial, best known for excessive lending practices that led to widespread defaults, now has so many bad debts on its books that it may have to tighten up its loan modification service.
Home Loan Modification allows defaulting borrowers to work out new terms with Countrywide, so that they can avoid foreclosure and stay on track. Countrywide began offering the service through their Home Retention Department at the height of last year?s real estate bubble. However, due to the volume of requests coming in, many cases were delayed and resulted in foreclosure. The company hit an all-time low in 2008 and was recently bought out by the Bank of America.
In line with the change, the Loan Modification Department of the Law Offices of Marc R. Tow is also taking measures to protect its clients. The firm, one of the leading loan modification services in the country, will only negotiate modifications with Countrywide for clients with viable cases and those who are in serious financial trouble.
Changes are also expected in national Loan Modification policies. While loan modification is still open to borrowers not in default, new laws may soon limit the service only to those in bankruptcy or serious delinquency. This will allow lenders and loan modification companies to focus their attention to clients who are most in need.
The firm will continue to help clients with loans serviced by other companies. Besides loan modification, the Law Offices of Marc R. Tow also offers assistance with loss mitigation alternatives such as short sales.
