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Mortgage loan modification: Keeps foreclosure away

Author: Jessica Bennet
Community Mentor
Ask Jessica
Posted on: 13th Nov, 2007 03:08am
If you're facing financial hardships and almost on the brink of foreclosure, then you can negotiate with your lender for a workout plan to avert foreclosure. You have few options available before you to avoid foreclosure. These options are deed in lieu, short sale, forbearance and of course loan modification.


What is a loan modification program?

Mortgage loan modification is a program where your lender agrees to reduce your mortgage rate, extend the loan term, change the type of the loan etc in order to lower down your monthly payments.

Are you eligible for mortgage modifications?

You may be eligible if:
  • You're at least 3 months delinquent on the loan.
  • You took out the loan more than 12 months ago.
  • You have stable income.
  • The property has not been sold at a sheriff's sale.
  • The property is in good physical condition.

What are the different loan modification programs?

There are a few modification programs which have their unique features. Here we briefly discuss about 2 most prevalent programs.

Treasury Loan Modification Program
This program has been designed by the Obama administration in association with the US Treasury. This is a very inclusive program in the sense that it is not only helping the homeowners currently in financial difficulties but also assisting the homeowners who have lost significant equity in their homes and who are foreseeing tough financial times ahead.

Federal Housing Finance Agency Loan Modification Program
This is the newest mortgage modification program offered by the Federal Housing Finance Agency (FHFA). FHFA serves as the supervisory regulator of Freddie Mac and Fannie Mae. This program is only applicable to the mortgages held by Freddie Mac and Fannie Mae.

When is loan modification right for you?

Loan modifications are right for you when:
  • You have experienced a long-term reduction in income.
  • Your monthly expenses have increased.
  • You don't have enough income to pay off mortgage dues.

What are the benefits of loan modification program?

This mortgage program alters the terms and conditions of a loan that has been agreed upon between you and your lender. Some of its benefits are listed below.
1.  Averts foreclosure
With this you can avoid the severe negative consequences of foreclosure and short sale.
2. Restores credit score
With this you can protect your credit score. Foreclosure damages your score badly and it remains on your credit report for around 7 years.
3. Lowers principal balance
Principal balance is the amount of the loan amount (without interest) that has to be still repaid. Sometimes, be negotiating with the lender, you can lower down the remaining principal balance.
4. Reduces rate of interest
This mortgage program may help you lower down the rate on the loan. This in turn makes payments more affordable for you.
5. Extends the loan term
Loan modification may extend the term of the loan. With extension of the loan term, rate gets lowered. This actually helps you make payments easily.
6. Converts ARM to FRM & vice versa
This offers you the chance to convert an adjustable rate mortgage (ARM) to a fixed rate mortgage (FRM) and vice-versa. You may be willing to switch to the safety of making fixed payments offered by FRM from your existing ARM. Again, the rate on your existing FRM may be too high. In such case, you may want to convert FRM to ARM.
7. Waives off late charges
Your late charges may sometimes be waived off by your lender.

What should you remember at the time of loan modification?

While negotiating on a mortgage modification, you should keep in mind the following points:
  1. Check out your financial health: You need to review your finances carefully. Lender may ask a personal financial statement from you. You need to keep that ready. Your financial statement should contain a comprehensive list of all your expenses such as credit card bills, utility bills, food expenses and other financial obligations. You should estimate the average expenses on each item for the 3 months in order to better assess your financial health.

  2. Prepare a hardship letter: In order to apply for a loan modification, you need to prepare a hardship letter . The hardship letter should satisfactorily explain the reasons behind your inability to pay off the mortgage. It should also explain why you are looking for loan modification.

  3. Gather necessary documents: Before offering you a mortgage modification deal, lender asks for certain documents. You need to keep these documents ready. These documents include :
    • Your bank statements and pay-stubs of last 2 months
    • W-2 form of last 2 years in support of your annual wage and taxes
    • 1040 Form of last 2 years as a proof of annual income tax returns
    • Latest mortgage statements
    • Hardship letter
    • Current property tax statements, if available
  4. Intimate your lender about your position: It is wise to intimate your lender about your financial position. If you are unable to keep up with the mortgage payments, lender may offer you a loan modification program. But, for that you need to contact your lender

  5. Complete the necessary paperwork: Before approving your loan modification appeal, lender sends a financial worksheet to you. You need to fill up that worksheet carefully and send it to the lender along with other necessary documents. After receiving all these, lender assesses your financial health and determines whether you can repay your mortgage after modification.
    What you need to show is that you are still able to repay your mortgage even if you are not able to meet your current monthly payments.

  6. Get a written agreement:   If the lender agrees to modify your loan, you should obtain a written confirmation from the lender. Mere verbal confirmation won't suffice .

  7. Follow the stop gap repayment arrangement: If you apply for loan modification program, lender can't offer it to you with immediate effect. It requires some time (maximum of 60 days) for the lender to make the offer. This time gap is required to check your financial statements, loan status and other documents. During this time, lender wants you to follow a stop gap repayment plan.
Not all the mortgages are ideally suited for modification. If a loan carries high rate in relation to the current market rate or if the homebuyer has a low loan-to-value (LTV) ratio, then it may be appropriate to modify a loan.

What are the outcomes of a mortgage modification?

  • You can keep up with mortgage payments.
  • You can convert your ARM into a fully amortized FRM.
  • The principal, interest, taxes and insurance (PITI), may be or may not be included in the current loan balance.
  • If the past dues are added, the modified principal balance amount may be more than 100% of the LTV of the original principal balance.
  • Modified loan balance may include administrative charges caused due to the cancellation of foreclosure.

How much time does loan modification take?

You have to wait several hours to file your loan modification appeal. When your turn comes, you have to present your case confidently. You should have all the relevant documents ready with you. This is not a very easy task.
You may have to wait for several weeks to get the final modification offer after your case gets registered. Your lender may tell you about your course of action in the meanwhile. You may be told by the lender to keep on making payments so as to qualify for loan modification. You need to follow it seriously so as to get the approval.
The purpose of loan modification is to ensure that you can better afford your mortgage payments. Make sure you don't miss payments under the modification agreement, as the lender will consider it a new default and it will be harder to negotiate a second modification. With each default, the chance of losing the home in foreclosure rises.

Related Readings
Posted on: 13th Nov, 2007 03:08 am
I was out of work for 3 months back in the late spring and early summer. After I obtained a new job I spoke with my lender and they wanted me to pay a three month "good faith" payment which was only a little above my current payment. I paid those 3 "good faith" payments and now I received a loan modification letter. The letter sets my loan back to 360 months and totally offsets the 2 years I have been paying on the loan. I owed 78,000 on my home and now according to this i will now owe 84,000. THis also increased my monthly payment by over $105 a month. THere is no way I can afford this. I thought a mortgage modification is supposed to help not hurt?? Any ideas on what I should do, I am very confused and lost. THanks in advance.
meta title: 
Mortgage loan modification
Hi calvin,

In order to get the modification, you'll have to satisfy the required criteria of the lender and pay the attorney fees upfront. You can negotiate with your lender in order to find if you can pay them through a payment plan and do not lose the modification that you've received from the lender.

Thanks
Posted on: 10th Apr, 2010 12:42 am
I am on a fixed income. Disability. My Mortgage Company says they add 25% to the income line for taxes we would be paying like federal, state, fica, but dont. That makes the income higher and the 31% line and payment higher. Can they do that?
Posted on: 17th Apr, 2010 11:12 am
I'm not sure whether or not your lender will be able to do that. As far as I can understand, the lender should not do this. It can be considered as illegal. I would suggest to speak to an attorney and take his opinion.
Posted on: 19th Apr, 2010 02:10 am
Hi Jessica

My Name is Peter, I have a child support which made me run behind on my mortigage, Can I qualify for loan modification?
Posted on: 26th Apr, 2010 12:43 pm
If you're facing issues in paying off your mortgage, then you should immediately apply for a loan modification. Depending upon your financial situation, your lender will inform you whether or not you qualify for the modification.
Posted on: 28th Apr, 2010 03:03 am
I purchased my home in 2005 for $550,000. It is located in Northern California so there isn't anything special about the home. It's a regular home in a regular neighborhood. My homes value is now $320,000. If I short sale or foreclose the bank is only going to get $320,000, if that. They are also going to have to pay all sorts of fees, etc. Why don't they just allow me to have a new loan for $320,000 and call it even? Wouldn't it be more cost effective for them to do so?
Posted on: 03rd May, 2010 01:25 pm
hi kyle!

welcome to forums!

though your property value has decreased, your owe the whole mortgage to the lender. as you do not have equity in your property, the lender will not allow you to refinance the loan for a lesser amount.

sussane
Posted on: 04th May, 2010 01:36 am
We are behind, my husband has been laid off twice since jan 2009. He has a job now and we have been waiting since aug 2009 to hear from a home retention company that was supposed to be working on a modification to our loan, per our mortgage co. They tell us they are unable to help, due to our zip code? Don't understand. Our mortgage co. wants the total arrears or nothing. What is this? I though the whole USA was in trouble, not just us. We ask for help and first it takes 10 months, only to say sorry, can't help. Please advise us on what we can do. at this point. Thank you.
Posted on: 06th May, 2010 12:32 pm
Hi Guest!

Welcome to forums!

Rather than taking the help of a home retention company, you should have directly contacted the lender and negotiated for a loan modification. This would have been more effective rather than taking the help of a home retention company. I would suggest you to contact your lender right away and negotiate for a modification.

Feel free to ask if you've further queries.

Sussane
Posted on: 07th May, 2010 12:33 am
my daugther's father and i bought this home in 9/1997 where i currently live now , he has not been residing here since 04/2003 i been paying the mortgage on my own .we both are on the mortgage so what do i do please help me thank you
Posted on: 14th May, 2010 05:10 pm
My husband was laid off and we couldn't afford the payments. We had submitted a bunch of w2's yearly taxes and expenses to get accepted into the Obama plan. We were accepted into the modification program trial of three months. We were told to call each month to make a payment plan. We did but for the June payment they took it out in mid May. They said it doesnt matter when the payment was made as long as it was 3. Then I asked when I would receive notification of when the loan modification would be made permanent and at first they said three months, as stated in my modification papers. However after speaking with a chase representative they said it might be 6 months before I get my permanent modification. They said I should continue making the modified payments until I receive confirmation of the new modification. Should I be worried that now it went from 3 months to 6 months? Will this make my now modified payments higher than even my previous mortgage payment? I had only missed 3 months of payments. However I still get my regular statements saying I am 6 months behind even though I have made my modified payments. What is happening?
Posted on: 15th May, 2010 09:19 am
Hi adela,

You definitely qualify for a loan modification. However, as both the names are on the loan documents, both of you will have to sign the modification papers.

Hi M John,

It takes some time to get the permanent modification. The delinquent amounts will get added to your loan payments and may increase your loan amount when you get the permanent modification.
Posted on: 16th May, 2010 11:37 pm
Is it possible to modify mortgage for the second time when the modified payment becomes tough to afford? How one can apply and how much does it take ?

[Email address deleted as per forum rules. Thanks.]
Posted on: 21st May, 2010 05:43 pm
Hi Pranshu,

You can apply for a loan modification for the second time. It will be the lender's discretion whether or not he would consider your request and modify the loan for the second time. You can contact the lender for applying for a modification. As far as I know, there is no charges for it.

Thanks
Posted on: 21st May, 2010 11:30 pm
I have a loan modification bringing my payment down from $2100 to $1600. Since I have lost my job and am on unemployment, now I cant make the payments, I am 4 month behind on the modification. The modification added an additional $15,000 to my loan and my asessment has dropped. Now the loan is for $250K and only worth $208. What to do? And what is going to happen?
Posted on: 22nd May, 2010 06:36 pm
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