Why Do Lenders Prefer A Loan Modification Over A Foreclosure?

The thought of foreclosure is enough to send any homeowner into a panic. But contrary to belief, starting the foreclosure process does mean your at a dead end. From the day you receive your Notice of Default, you always have options, and the earlier you act, the easier it is to get back on track.

The two most common ways to stop foreclosure are a short sale and a loan modification. Both have their own pros and cons, and its important to choose the right path based on your situation depending on if you plan to keep or sell your home. This guide shows you both options and how they can help.


Option 1: Loan modification

The main advantage of loan modification is that you get to keep your home and continue your mortgage on more comfortable terms. It works by changing your mortgage terms to lower your monthly payments, allowing you to afford making your monthly payments again. This option is best for homeowners who have good payment habits but fell behind because of unavoidable hardship.

How it works

In a loan modification, you work with a lawyer who will basically guide you through the application. Your loan modification attorney will start by evaluating your case and deciding whether or not a mortgage modification will work for you. Its important to talk to a good loan modification attorney who can completely understand your situation.

Once you are qualified, they ll ask for a few financial documents complete your negotiation package. These usually include proof of income (pay stubs, W2 forms, etc), bank statements, and a hardship letter explaining your request and how you fell behind. They .ll go over your documents to see if there are any legal violations (RESPA and TILA) that can be used as leverage.


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A bad Credit Homeowner Loan Could Be The Answer

If you have a history of bad credit and have been turned down time and time again when it comes to getting a loan then a bad credit homeowner loan could be the answer to your problems.

While there are many ways that you could have got a history of bad credit lenders just take into account that you are a bigger risk when it comes to lending you money. Due to this some lenders wont give you a loan, however if you go online and look around you will find that there are some specialist lenders out there that are willing to offer homeowner loans to those with a history of bad credit.
Going with as specialist in homeowner loans that deals with those who do have a bad credit rating is the best chance you have of getting a loan. The bad credit homeowner loan is just the same as any other type of homeowner loan except that as you are seen as a higher risk the lender will charge you an interest rate that is above the standard.

One of the easiest ways of saving time and the embarrassment of being turned down constantly for a loan or credit is to go with a specialist lender who only deals in bad credit loans. However while the rates of interest will be higher for this type of loan it is important that you do look around, lenders do vary slightly in the rates of interest and also the deals that they provide. If you are lucky then you can get a fixed rate of interest on the loan for a couple of years so you know exactly what you will have to repay every month.

Getting a loan if you have a history of bad credit can be hard and if you have been turned down time and time again then a bad credit homeowner loan could be the answer to your problems.

Author: Jason Hulott

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What You Need to Know About the Loan Modifcation Process

Recent legislation at the state and federal level as well as some recent bank takeovers by the FDIC have made loan modification application rates soar. Unfortunately, most consumers on their own are having little to no success modifying their loan, unless it is just a forbearance agreement in which the lender allows the borrower to pay back any monies that are in arrears over time. This is hardly a loan modification and the late payments a have already adversely affected your credit and make it impossible for you to refinance.

Unfortunately, most companies that are not law firms can only get you a forbearance agreement, and they do nothing to protect your rights, so make sure you have loan modification attorney represent you with your lender to protect your legal rights. In fact recent legislation enacted in California Loan Modifications requires that a lender must give you a modification review prior to foreclosing on your property, and the consumer may only be represented by an Attorney for HUD approved Counselor, or they give up many of their rights in a foreclosure.
Many of the “Attorney Based” or “Attorney Backed” companies actually are not law firms nor will you be represented by legal counsel and could give up many of your legal rights by using such a company.
The banks will not modify willingly and only an attorney can protect your rights and apply the right kinds of pressure to a Lender’s legal department to get you the result you are looking for. Even HopeNow, a free service that offers counseling to consumers is so mired in backlog, most consumers homes will be foreclosed on long before they get help.

“If you are looking to modify your loan, be prepared to have a truthful and honest about both the reasons for your financial hardship as well as your true financial picture” says Marc Bonanni, Attorney for http://www.consumerdebtadvocate.net.. “Be prepared to provide documentation as back-up. Properly preparing a case to take to your lender in the loan mitigation process is critical, and properly structuring the mitigation proposal off the information you provide is a key aspect of preventing foreclosure” says Marc.

It is also important to understand that you must meet strict financial guidelines to even be considered for mortgage mitigation. If your financial picture is so dire that you are still financially encumbered even with a 1% interest rate, it is unlikely that you will be able to save your home from foreclosure. If your lender feels they will take less of a loss if they foreclose now because there is uncertainty that you can meet your new modified loans structured payments, they would rather foreclose now to lessen their loss.

There are three key elements in any loan modification or loss mitigation process. Each is an area to negotiate depending on the borrower’s unique circumstances.
The first would be adjusting the interest rate of the first or second mortgage to a lower one that would be manageable by the consumer.
The second would take into consideration any missed payments and penalties that are in the arrears, and structuring a repayment plan or putting those monies on the back of your loan.
The third and most difficult is if your loan is now worth more than your property.

Getting the lender to write down principal balance can happen in the right circumstances, especially if there are predatory lending issues involved in your case, but don’t expect your lender to make you whole on your bad investment decision. Again, preparing the right argument is key and expect the negotiations to take 45-60 days at a minimum. It is an intense process and the Loss Mitigation departments at most lenders are understaffed to meet the monstrous demand of consumers who are vying for their attention from everything from late payments to foreclosures. Again, most attorneys can bypass the loss mitigation department and work directly with your lender’s attorneys, so this is still your best bet for success in the loan modification process.

Author: Bill Baskin


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