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The first thing you should do before you try a loan modification with your servicer, research loan modification laws that pertain to your state. Many of the laws influence your ability or inability to get your loan modified.
If you are in default and want to keep your home, you need to know the loan modification laws in your state. The loan modification laws will let you know if it is possible to get a loan modification. The Home Affordable Modification Program (HAMP) otherwise known as the Obama Plan helps homeowners from the United States apply for a loan modification if they are have experienced a hardship. However, many states have different laws affecting a loan modification and different lenders have different guidelines to get a loan modification. You need to know them in order to know how to qualify.
Each state loan modification laws generally outline who is able to assist in obtaining a loan modifications. Finding the laws is not an easy task, but it is important to be familiar with them because they will determine an approval or denial.
Lenders have investor guidelines, not laws, and the servicer is required to follow the guidelines. You must fit these guidelines if you want to get your loan modification. In many instance these are the factors that determine whether or not a loan modification is possible:
The unpaid principal balance of your mortgage
Payment history, have you been paying on time
Credit Rating
The property value to measured against mortgage balance
Your financials
Servicers have to be strict about the investor guidelines. Many laws have been put into place because of the amount of fraud in the loan modification industry. Homeowners who are facing foreclosure with no way out – often trust any agency that offers them foreclosure help. These fraudulent companies charge an upfront fee that can be into the thousands of dollars. Find a member of the BBB to help stop foreclosure.
Beware and do not do business with a company that is not a member of the Better Business Bureau
Unfortunately, the attempts by the Obama administration and the financial institutions to curb the housing foreclosure disaster, homeowners are not getting through to the banks because of delays and lack of staff in order to modify loans and still hundreds of thousands are losing their homes and put on the street every month.
The mortgage companies are swamped with requests and are not able to keep up with the work loads since they started processing the Obama “Making Home Affordable Plan”. Some mortgage companies late on implementing the plan are backed up against the wall with requests. We have been successful at helping homeowners acquire a loan modification. The Obama plan requires homeowners to pay 3 months of payments to create a history of ontime payments to be able to process a loan modification.
Although, there are a multitude of reasons for default the problem is a simple and the banks are the bottlenecks and banks can not modify loans fast enough to keep up with the rising tide of foreclosures on the books. The reality is if the banks wanted it to work they would figure it out and streamline the process.
No matter the situation the banks are urging patients and homeowners with the threat of losing their hiomes are not willing to wait. We have developed a plan that takes the stress off of the homeowner and offers weekly updates on communication with the banks representatives and negotiators working the files. The banks have gotten much bad press in the last years and are really trying to figure it out. Unfortunately, some are losing their homes in the process.
For about the last 4 years banks had their own loan modification processes which in some instances included lowering payments by lowering interest rates, term extensions, and in very rare instances reducing principal to get the property value in line with current housing prices. These plans have tkaen a back burner for the Government Loan Modification programs.
The Treasury Department is heading up the Government Loan Modification program and has not commented on any inquiries and criticism that are aimed at the banks and will soon release data on the sucesses of the Making Home Affordable plan. They are saying there are more that fifty thousand loan modifications in process.
The Bankruptcy attorneys are really bad mouthing the banks and do not offer any encouragement to homeowners that there are programs available. They are taking on more cases than ever before and claim banks are not offering loan modification assistance.
The issue is the serious lack of staff to handle to flood of loan modification that are being received daily.
As a loss mitigator in the retention department (saving homes) for Washington Mutual in the past, I know first hand that negotiators may push out 3 or 4 loan modifications a day but receive an additional 6-8. As a negotiator the files build up and it is impossible to work the loads required. The problem is finding qualified staff that can handle the load and understand the process.
Losing paperwork and the time it takes to process a loan workout is a big issue and having to refax papers because they are old or because paycheck stubs and bank statements are old is a real hassle and hiring a company to handle this for you is a huge stress relief. You may ask yourself “who can I trust to help with a Loan Modification” be sure the answer is affiliated with the Better Business Bureau. We have helped many and can help you get a loan modification.
Listen to these numbers Bank of America has 7,400 phone representatives that are focused on home retention that are taking about 80,000 calls a day. That only equates to a bout 10 calls a day, when I started on the phone in retention for Washington Mutual I was taking more than 50 calls per day. Bank of America has made more than 48,000 potential offers in the HAP program (Making Homes Affordable Program) and now has more than 18,000 homeowners making plan payments in Government Loan Modification trial period.
Be sure if you go it alone you understand the processes and if you hire a professional loan modification company you select one that is a member of the Better Business Bureau and an additional layer of comfort is working with a company that has negotiators on staff the worked in the bank in the past as a negotiator.