House Refinance Center
Mortgage Loan Modification
The Truth About Mortgage
Modification

Home Affordable Modification Program
(HAMP) was created to help homeowners
who are facing financial difficulties with the
payment of their mortgages, get a loan
modification.
The result of the modification
should prevent foreclosure.

Only your mortgage servicer will be able to
tell you if you are eligible for a loan
modification. However, you should carefully
consider these facts.

  • You must be the owner-occupant of
    the property.
  • The unpaid balance on your
    mortgage must be equal to or less
    than;
1 Unit:    $729,750
2 Units:  $934,200
3 Units:  $1,129,250
4 Units:  $1,403,400
  • Your first lien mortgage was
    originated on or before January
    1,2009.
  • Your monthly mortgage payments
    including, taxes, insurance and
    home-owners association fees, must  
    be greater than 31% of your monthly
    gross income.
  • You have a mortgage payment that
    is not affordable due to a financial
    hardship. You must be able to prove
    the hardship, for example, a medical
    emergency, or reduction in income.

If you have a first lien, as well as  a junior
you can still apply. However, the
modification applies only to the first lien.
Before you contact your mortgage servicer,
have your paperwork in order. These
documents include:

  • Most recent income tax return.
  • Information about your assets and
    liabilities.
  • Recent pay stubs or pay statements.
  • Information about the junior lien if
    you have one.
  • Credit card balances and the
    minimum monthly payments.
  • Information on other loans, such as
    car loans, student loans and any
    loans you might have co-signed on.
  • A letter explaining why your
    mortgage is no longer affordable.


Remember that you do not have to pay a
loan modification fee or a past-due late fee  
if you are behind in your mortgage.
Borrowers who are behind in their
mortgage payments and are having
financial difficulties seldom have extra
funds. If you are behind in taxes, your
servicer might offer you the option of
adding the amount to the new modified
loan, or paying the amount upfront.

Borrowers are encouraged to contact a
HUD- approved housing counselor to help
them understand all their options and to
create a viable budget plan. The number to
reach a counselor is 1-888-995-HOPE
(4673). If you have already missed one or
more mortgage payments and have not
spoken to your loan servicer, call them

immediately.

HAMP expires on December 31,2012.
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Bank of America Feeling
The Heat From Defaults      
  
More homeowners are walking away from
their mortgages. The numbers are much
greater than the bank had expected. More
than 31% of foreclosures in March were
deemed to be strategic defaults. When you
add the thousands of homeowners that
have stopped paying their mortgages but
are still living in the house, we have a
tsunami.

However, we must give credit to Bank of
America for identifying the problem and for
being proactive and aggressive on loan
modifications. This is exactly what the
administration wanted from the Home
Affordable Modification Program.

The bank is willing to attack principal
reduction head on. This is before messing
with lowering the interest rate, and playing
with extending the term of the mortgage.

Why is the bank stepping up now and doing
something meaningful? Profit. The bank
has come to the realization that
homeowners are living rent free for over 14
months. The bank is not getting a rental
payment or a mortgage payment. And to
make matters worse they are stuck with
paying the fire insurance and the property
taxes. You definitely would not want these
to lapse.

What does all this mean to a homeowner
who has a mortgage that is underwater?
Make sure all your paperwork is in and that
you are seeking a loan modification. Then
wait for the bank to contact you with a deal.

If you decide to stop paying the mortgage,
save the mortgage payments you will need
this money later. And finally, seek legal
advice from a qualified real estate attorney.
You need to find out if your mortgage loan
is a recourse loan, or a non-recourse loan.
You also need to establish whether or not
you have to pay income taxes on any part
of the loan that is forgiven or canceled by
the bank.
FHA Short Refinance

A new mortgage program was unveiled
yesterday by HUD. The FHA Short
Refinance will help homeowners who are
underwater on their mortgages. The
program starts on September 7, 2010 and
will allow qualified homeowners to refinance
into an FHA mortgage.

Homeowners must be current on their
mortgages. And the existing lender must
agree to reduce the outstanding mortgage
balance by at least 10%.

The FHA Short Refinance is available to
homeowners who do not have an FHA loan.
The loan to value when reworked, can not
exceed 97.75% of the current home value.

For transactions that have a second lien,
The FHA will ask the second lien holder to
resubordinate.
Too Many Trial Loan Modification Being
Canceled Under HAMP

Trial loan modifications under the Home Affordable Modification
Program continued to be canceled at alarming rates. For data up to
July 2010, active trials were 255,934. However the cumulative
cancellations were 616,839.

Upfront verification of borrowers document is one of the reasons the
cancellation numbers are so high.

Another reason is the failure of borrowers to make the mortgage
payments during the trial period. Even with the modification, borrowers
are still finding it difficult to make ends meet. The median back-end
(DTI) after the modification is at a staggering 63.5%. Not many
homeowners can stay afloat for a long time with such a high DTI.

Lumped into the cancellation figures are borrowers who were ineligible
because they already had a debt-to-income ratio below 31%. Maybe
the Treasury will do a better job in the future and give us a break-down
of the reasons for cancellations.

The permanent modifications are providing relief for thousands of
homeowners. In July there were 37,000 permanent loan modifications.
This translates into a payment reduction of 36% or more than $500 per
month. HAMP guarantees a lower mortgage payment for the first five
years. The total active permanent modifications were 421,804.

Since the program began there have been 12,912 permanent
modification that were canceled.

Eligible delinquent loans stood at 3,076,060. While the eligible
delinquent borrowers were 1,456,363. These numbers confirm what
many experts were saying for the last year, "HAMP has to do more".
Bank of America mortgage
modifications slow

Bank of America government backed
mortgage modifications were slow in
August. BofA completed only 3,600
permanent loan modifications under the
Home Affordable Modification Program.

BofA completed 10,000 modifications
under its own bank origination program,   
bringing their total to about 600,000. The
total modifications under HAMP is only
79,800.

There are over 72,000 trial modifications in
the pipeline for August, down from 84,700
in July. Hopefully, this should keep the
permanent modifications over 3,000 each
month.

There is definitely a slow down in
permanent modifications, both under HAMP
or under lender sponsored programs.
There are several reasons for the
decrease in modifications.

In April, the U.S. Treasury began asking
lenders to obtain full documentation of a
borrower's financial position. The change
slowed the number of approved loan
modifications. In the past, banks would take
some of the information verbally, or not at
all. This practice has lead to a high default
ratio.

The concern we have is the gap in
modifications between HAMP and bank
sponsored programs.  How can the Bank of
America complete over 600,00 mortgage
modifications using their in-house program,
and only complete 10,000 under HAMP?

Bank of America still remains the industry
leader in mortgage modifications. BofA is
also leading in the recently introduced
second lien modification program (2MP) as
well as HARP.
The Modification Runaround

When it comes to "runaround" the banks are tops. They lose your
documents. Every time you call you get a different person. When they
do find your papers they claim that they are outdated, and you need
current information. You often get disconnected and have to listen to
boring music for about an hour or two.
Watch the above video.
Foreclosure Prevention Counseling

Ask for help if you fall behind in your mortgage payments. There are
HUD approved counselors. Don't be ashamed, you are not alone.
Watch the above video.