Arizona Loan Modifications: Do You Need A Lawyer?

We often talk to people who are interested in a loan modification and usually at some point, they ask the question:

Do I really need to get a lawyer involved with my loan modification?

My standard answer is “well, try to get your loan modified on your own with your current lender, but if they won’t modify your loan and you are in a situation where you can’t afford your mortgage, then it is probably time to hire a lawyer.

Last night, Paul from Kingsley Law left a comment on one of our loan modification posts about one thing that I wasn’t even aware of (remember, I am no loan modification expert):

Paul’s Comment:

Justin – great tips. Although a bit in self-interest (since I am a lawyer who helps clients with loan workouts), it should also be pointed out that having an attorney represent you will ensure that you are aware of other considerations when making the decision about loan modification, short sale or going into foreclosure. Particularly important in Arizona are the anti-deficiency statutes, but also important are considerations surrounding taxation on any forgiven debt amount in a foreclosure or short sale situation. Secondly, as you pointed out, a letter or call from an attorney to a lender’s loss mitigation department often perks up a few ears and can speed up the process.

While I don’t have experience myself with these quickie loan modification outfits, I expect that many of them are not equipped to advise homeowners on these issues – so homeowners should tread carefully, particularly if attorneys are not involved.

Great blog and I look forward to checking back for more updates. I will be covering some legal issues relating to loan modifications on my blog at http://www.desertlawblog.com from time to time.

Do you really need a lawyer when trying to get a loan modification done?

I guess it depends on how much you know about the ins and outs of loan modification and what can and can’t be done.

Learn How To Get Your Loan Modified On Your Own Without The Help Of An Attorney

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Arizona FHA Streamline Program: 3 Basic Criteria to Qualify

Arizona FHA Streamline: Who Qualifies?

The FHA streamline is more popular today than it was a few years ago because of the number of people who currently have an FHA mortgage is higher than it has been in recent years.

And if you are currently in an FHA loan, often times your best financial move when rates drop is to participate in the FHA streamline program.

Can anyone participate in the FHA streamline program? Almost.  There are 3 basic criteria to the FHA streamline that must be met in order for someone to participate.

Criteria to Participate in the FHA Streamline Program

  1. You must currently have an FHA loan and live in the property
  2. You can’t have more than 2 30 day late payments in the last 12 months
  3. FHA won’t let you participate if the FHA streamline program doesn’t improve your overall financial situation (lowers your rate, fixes your adjustable rate, etc.)

Most people that I speak with are eligible for the FHA streamline program and with rates lower than they have been in years, if you currently have an FHA loan, it probably makes sense to find out if you meet the 3 criteria to qualify for the FHA streamline program.

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Seniors In Foreclosure: An FHA Reverse Mortgage May Save You

I was speaking with our data provider a little while ago and she told me that there were currently about 500 people in Arizona who were over the age of 62, had a loan-to-value ratio of 60% or less and were currently late on their mortgage payments.

In this month’s National Reverse Mortgage Lenders Association magazine, there is a section titled “When A Reverse Mortgage Protects Against Foreclosure” and it gives a few testimonials from people who have had borrowers that were saved from foreclosure by getting an FHA-insured HECM reverse mortgage.

“I was able to save a client’s home from foreclosure. She had very little income and was a widow. Her home was all that she possessed.” – As told by Michael Kidder, Security Mortgage Corp. Okemos, MI.

If you know a senior who is facing foreclosure, take the time to find out if an FHA reverse mortgage can help them and save them from having to move out of the home that they love.

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FHA Mortgage Facts From FHA Outlook

From time to time, I am asked questions about the FHA program or FHA loans by various people such as:

  • “How long does it take to fund an FHA loan?’
  • “What is an average FICO score for someone who gets an FHA loan?”
  • “Is the Hope for Homeowners program real?”
  • “How come I have never heard of the 203k streamline program?”

I am sure there are many places to get the answers to the above questions, but one quick place to find these answers is on HUD’s website under the FHA Outlook section – the answers below came from their most recent, early-November FHA Outlook report:

What is an average FICO score for someone who gets an FHA loan?

For people who were buying a home with an FHA loan, the average FICO score for the first 2 weeks in November was 693.

For people who were refinancing a home with an FHA loan, the average FICO score for the first 2 weeks in November was 662.

How long does it take to fund an FHA loan?

For the first 2 weeks in November, it took an average of about 5.5 weeks from application to closing.

How come I have never heard of the 203k streamline program?

Probably because it is not done very often.  There were 628 of them done in the first 2 weeks of November.

Is the Hope for Homeowners program “real”?

In the first 2 weeks of November, for the 40k or so refinance transactions that were done, 69 were Hope-for-Homeowners cases.  40,000 FHA refinances… 69 Hope for Homeowners.  Does that answer your question?

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Tempe Arizona Mortgage Rates December 8 2008

Tempe Arizona Mortgage Rates December 8 2008

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A thought: with all of the mortgage company closures, I am wondering what a true refinance boom will do to the mortgage companies.  Is there enough credit and capacity to finance all of those people who want to refinance their 6.x% interest rate into a 5.x% interest rate?

As I said last week, if you are looking to buy a new home, now is a great time to start the process.

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FHA HECM Reverse Mortgage: Top 10 Regions

In what regions of the US are FHA HECM reverse mortgages becoming more popular?  Where are the most FHA reverse mortgages being done?  What regions are there the most lenders who provide FHA reverse mortgages?

These are just a few of the questions that the statistics put out by Reverse Market Insight answers.

FHA HECM Reverse Mortgage: Top 10 Regions %spacebasename

FHA reverse mortgages are becoming a more popular option for seniors on a year-over-year basis.  For example, in the Southwest region, there are 23% more seniors getting an FHA insured reverse mortgage in 2008 than there were in 2007.

Note: Arizona isn’t in the Southwest region for this data set — it is in the Pacific Region along with California, Hawaii and Nevada — where overall the growth rate of the number of Seniors getting an FHA reverse mortgage fell by 14%.

Are you a senior in Arizona interested in learning more about an FHA reverse mortgage? There are 14% less of you this year than last year in that group… and 58% more lenders to pick from!

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FHA Reverse Mortgage Counseling: What To Expect

If you are senior who is thinking about getting an FHA reverse mortgage, you are required to attend a counseling session with a HUD-approved counselor prior to getting a reverse mortgage.

The counseling session can be done at your home, in a group setting, or even over the phone and usually lasts between an hour and two hours.

Some of the questions that you can expect the reverse mortgage counselor to answer:

  • What is a reverse mortgage?
  • What are the eligibility requirements for a reverse mortgage?
  • How does a reverse mortgage impact your equity in your home?
  • What are the fees of a reverse mortgage?
  • What are the options in how the funds from a reverse mortgage can be paid to you?
  • How will the reverse mortgage be repaid?
  • What is the impact of a reverse mortgage on your social security benefits?
  • What is the impact of a reverse mortgage on your heirs?

You should also expect the counselor to provide you with a reverse mortgage calculator of some sort to help you determine the cost of your reverse mortgage loan.

I haven’t seen a situation where a senior came away from a reverse mortgage counseling session with more questions than they went in with — which means by and large, it appears to be working!  These HUD-approved counselors seem to be a good tool for seniors to get their questions answered from an independent third party for a reasonable fee (the counseling session typically costs about $125).

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Loan Modifications: 4 Tips To Save Your House

Being a “mortgage guy” in today’s world is kind of surreal.  I talk to many people each week who currently owe more than their house is worth and may (or may not) be behind on their mortgage payments.

Which means they pretty much are not going to be able to refinance their home with the current programs out there.

So if you find yourself in the situation where you are falling behind on your mortgage payments (or about to) because of some kind of economic hardship that you are going through, these are your basic options:

  1. Try to get your current lender to modify your loan
  2. Try to qualify for the FHA Hope for Homeowners Program
  3. Try to qualify for the FHA Secure Program
  4. Try to do an FHA Short Refinance
  5. Do nothing and most likely end up in Foreclosure at some point

As we have wrote before, the FHA Hope for Homeowners program and the FHA Secure program are semi-not-real — meaning these loans are just not getting done in most situations even though the media makes it sound like they get done all of the time.

So it seems that most people I talk to are a candidate for a Loan Modification or an FHA Short Refinance or Foreclosure.

Many times, I am asked “what is the best way to get a loan modification done” and my answer generally is “try to do it yourself and if you end up frustrated, then hire a loan modification firm to represent you to work with your lender to get your loan modified.”

Here are 4 tips when deciding which loan modification firm to hire that can hopefully ensure your chance of successfully getting your loan modified at a fair price:

Make sure that the loan modification is “attorney based”. This means that you will actually have a legal firm representing you, not just a sales organization.  The loan modification company will be working with your lender’s loss mitigation department – and somehow these departments seem to respond better to attorneys than they do to people who are not attorneys.

Shop around. Loan modification companies have all different kinds of pricing models — some charge $3,000 up front and no guarantees.  Some charge $500 up front, then 2% if your loan is successfully modified. Some charge a flat-fee.  There is a wide variety of pricing models, so be sure to speak with AT LEAST 2 or 3 different companies before making your final decision.

Look for them, don’t let them look for you. If you are contacted by someone about “having your loan modified”, be very careful.  Many times, these are the most aggressive sales organizations. Good loan modification companies don’t use these tactics, they know that there are plenty of homeowners who need their help and don’t need to aggressively go after them.

Ask around for a referral for a good loan modification company. You may be surprised to learn how many of your neighbors have had their loan modified already.  Many of them used a loan modification company to assist them in getting it done — don’t be afraid to ask for a referral.

Do loan modifications work?

Yes.

I have heard and seen probably hundreds of success stories of people getting their loan modified — and in a time where so few (if any) people got a FHA Hope for Homeowners loan, it makes sense to be smart about how to improve your chances of getting your loan modified.

Learn How To Get Your Loan Modified On Your Own Without The Help Of An Attorney

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Will Interest Rates Go To 4.5%?

As seen on ABC 15 News…

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What do the Oklahoma Sooners and a 4.5% interest rate have in common?

They may both be part of a land grab.

Ok, not really, but the national (and local) media sure did jump on the story that broke in the WSJ about the possible plan for the government to do everything in its power to lower the target interest rate for people buying a new home to 4.5%. [Read more...]

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