Stop Foreclosure: Freddie Mac Video Published

Stop Foreclosure Video By Freddie Mac

Freddie Mac has produced a brief video titled “Stop Foreclosure: Documents Your Lender Needs To Help You” via YouTube. This video is targeted toward people right here in Arizona who are wondering what documents their lender needs in order to get a loan modification done. No doubt, lenders are busy with calls about loan modifications and this video will help people who need help with a loan modification be prepared for the process.

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Arizona Loan Modification: Required Documents

  • Account balances and minimum monthly payments on credit cards, car loans, student loans or other debt
  • A copy of recent paystubs
  • One of your recent mortgage statements
  • A copy of your most recent tax return
  • A second mortgage and/or HELOC statement

Arizona Loan Modification: Hardship Letter Is Important

In addition to getting the above information, you want to be sure to include in the list a description of what kind of hardship caused you to fall behind on your mortgage payments. This will help speed up the loan modification process. Hardship letters bring out the “human story” that often can make the difference between your loan modification getting approved or denied – so don’t neglect it!

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Loan Modification Resources: What The Lenders Are Saying

We still speak with many people each week about loan modification – and although the Obama loan modification program is helping standardize things, there is still variance from lender to lender.  The first step of any loan modification attempt is to contact your lender or a HUD certified housing counselor who can help you with the process.

Here is some more information about what the largest lenders are saying/doing regarding loan modifications.

IndyMac Bank loan modification program information:

JP Morgan / Chase loan modification program information:

Bank of America / Countrywide loan modification program information:

Citibank loan modification program information:

The Obama loan modification program:

President Obama along with the US Treasury has developed what is probably the largest loan modification program yet.  The Making Home Affordable plan has a component for refinancing as well as loan modifications.

You can learn more about this program at FinancialStability.gov

As we find more information from other lenders, we will be sure to add it. If you are currently having trouble making your mortgage payments, these are just a few resources that can help you in your research about your options.

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Arizona Loan Modification: National Regulatory Crackdown and California Loan Modification Ethics Alert Issued

It looks like the regulators are finally catching up to the loan modification industry. Within the last year or so, many different loan modification companies have sprung up with or without effective regulation. Apparently, this has not gone un-noticed. The Obama administration is going to lead the charge to crack down on loan modification companies and foreclosure prevention programs that are scams.

In addition to the national focus on cracking down on loan modification companies, various states are taking action as well. Recently, the state of California Bar, has issued an Ethics Alert regarding the topic of California Loan Modifications.

California Loan Modification Ethics Alert Highlights

A few of the highlights in the California Ethics Alert include:

The purpose of this Ethics Alert is to remind California lawyers of several ethics rules that may apply in the event a foreclosure consultant or another non-lawyer requests assistance from a lawyer and/or refers potential distressed homeowner clients to the lawyer.

  • A California lawyer may not pay a referral or marketing fee to a foreclosure consultant or other person for referring distressed homeowners to the lawyer.
  • California lawyer may not directly or indirectly split any attorney’s fees that the lawyer earns from a distressed homeowner client with the foreclosure consultant or any other non-lawyer.
  • A California lawyer may not aid a foreclosure consultant or anyone else in the unauthorized practice of law. A lawyer may not form a partnership or joint venture
    with a foreclosure consultant or other non-lawyer if any of the activities of the business would involve providing legal services. A lawyer may not, under the guise
    of serving as in-house counsel for a foreclosure consultancy business, perform legal services for a distressed homeowner.
  • A California lawyer may not contact in person or by telephone a distressed homeowner referred to the lawyer by a foreclosure consultant or someone else
    unless the lawyer has a family or prior professional relationship with the homeowner. Nor may a lawyer direct another to do so on the lawyer’s behalf. A
    lawyer, however, may write to a distressed homeowner who is a prospective client.
  • A California lawyer may not without good cause file a lawsuit or motions in a lawsuit that are simply intended to delay or impede a foreclosure sale.
  • A lawyer may not intentionally or recklessly fail to perform legal services with competence.
  • A lawyer should be wary of accepting fees for little or no work.

I suspect that at some point in the relatively near future, there will be something similar issued here in Arizona as the government gets actively involved in weeding out some of the bad actors.

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Arizona Loan Modification: Is Your Mortgage Owned By Fannie Mae or Freddie Mac?

With the recent announcement of the “Obama loan modification” plan that may be able to help many people who are looking for an Arizona loan modification – one of the first questions people often ask me is “how do I know if my loan is owned by Fannie Mae or Freddie Mac”?

Now there is an easy way to tell.

Here are two links where you can find out if your loan is owned by Fannie Mae or Freddie Mac. Remember – often times, you make your payment to a servicing company – and the underlying investor is someone else. This means that it is entirely possible for you to make your payment to <fill in the bank name here such as Wells Fargo, IndyMac, etc.> but your loan is actually owned by Fannie Mae or Freddie Mac.

Find out if your loan is owned by Fannie Mae.

Find out if your loan is owned by Freddie Mac.

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Loan Modification: Words From A California Loan Modification Attorney

From time to time, I will get a comment from someone on a post that I think is worth “re-posting” in a larger arena. Today, we got a comment on our post “Arizona Loan Modification Scams” that I thought was worth a re-post:

Words from a Very Outspoken and Opinionated California Litigation Attorney (like there’s any other kind)

Here in California, our Department of Real Estate website (dub dub dub dot dre dot gov) lists the companies that have DRE “permission” to modify loans… add to this list any licensed California attorney, and that is where you should begin your due diligence search when you seek help in California. Other states probably have similar laws, so check with your own state DRE and state bar.

My law firm has been getting more and more calls recently from homeowners that were victims of predatory lenders who put them into an unaffordable loan and now fell into the hands of those same people who sold the toxic loans but profess to be saviors… DON’T BE A VICTIM TWICE! What’s that they say, “Fool me once, shame on you, but fool me twice, and I’ll sue your butt!”

Do your homework and THOROUGHLY investigate any firm before hiring them to save your biggest asset and the place you call “home.” Scammers are popping up like dandelions on a freshly mowed lawn in April. They advertise on the Internet, freeway billboards, radio, television, and print media everywhere, not to mention spamming your email box with those third-world widows needing someone to receive three million dollars for them. Make no mistake, in many cases, these “loan modification experts” are the exact same loan officers and mortgage brokers who fleeced homeowners the first time around. After losing their jobs with the crash of the mortgage industry, they have found a new way to make ill-gotten profits from hard-working homeowners through loan modifications.

In California, with very few exceptions (and attorneys are one exception… no coincidence there… attorneys make the laws), it is against the law for anyone to take money up front for helping a homeowner who is in default. Don’t trust a company that begins its relationship with you by breaking the law.

HERE’S THE BOTTOM LINE!

Hire an attorney – and not just any attorney either – one with experience in mortgage law, not just one with real estate law experience but one with experience in both FEDERAL and STATE litigation against mortgage companies, one who doesn’t also do family law, criminal law, admiralty law, and immigration law as well, one who limits the practice to mortgage law (or at least a great majority of it), one who has the experienced staff, training, and know how to take on the big lenders and their top notch lawyers (lenders have attorneys – and darn good ones – check out their counsel on the web – big names top schools, shouldn’t you have a lawyer too?).

We are not talking about a refund on your broken television here, we are talking about hundreds of thousands of dollars and your HOME – if you don’t think this is the time to hire a highly educated and experienced professional instead of a weekend schooled, almost out of work, broker slash loan officer slash “expensive water in a wine bottle with alleged magical curative powers” salesperson, I don’t know what would make you take things seriously.

Of course, this is one obnoxious lawyer’s totally biased opinion, but one based on many many distressing calls to my office every day. And, yes, my firm loves taking cases against loan modification companies who have violated laws. This field is quickly becoming one of the fastest growing sections for our mortgage law firm.

- Paul J. Molinaro, Esq.

Thanks for stopping by and commenting Paul – words of wisdom to live by.

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Making Home Affordable Plan

Earlier today, the details were released about the “Making Home Affordable” plan outlined by the Obama administration.

When this plan was first announced by President Obama here in Mesa a few weeks ago, my first reaction was “let’s wait for the details“.

My reaction now the “details have been released”?

I don’t know.

Really.

I really don’t have an opinion on whether or not the plan will actually help the number of homeowners as claimed by the media (9 million) – because after all, what most people really want to know is “will the plan help me in my situation” as in… “what’s in it for me“?

And each situation is individual, so be sure to speak with as many people as you can about your options. Real Estate Agents, Loan Officers, Hope Now, Loan Modification Companies, Loan Modification Attorneys – speak with all of these people if you are having trouble making your mortgage payment.

And it is entirely probable that they will all tell you different information — and hopefully with the sum of the pieces, you will be able to paint the picture of what is best for you in your situation.

Ok, sorry to ramble a little. Here is more information about the Making Home Affordable plan – be sure to read through it if you are wondering if the plan will help you in your situation. As always, let me know if you have specific questions.

Making Home Affordable — More Information From FinancialStability.gov:

Borrower Information: Making Home Affordable Refinance and Modification Options

Fact Sheet

Summary of Guidelines

Modification Program Guidelines

Counselor Q&A

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Arizona Loan Modifications: Reader Shares Relevant Loan Modification Information

One of the great things about a blog is that from time to time, someone stops by and leaves a comment that can hopefully help others by sharing relevant information.

Here is a recent comment from Greg who is with http://loansettlementcenter.com.

Here is the exact comment he made on our post titled “Are Loan Modifications Real?”:

Check our site for actual modified loans. The trick is how much leverage the borrower has. If you have equity and can’t make your payments, you will absolutely NOT get a loan mod. Why should the bank modify your loan? Sell your house is what they’ll say, and the fact you can’t make a payment disqualifies you as well.

If you’re current with your payments, you do not qualify for a loan mod. Why? Because the Loss Mitigation Dept. is who modifies loans, and they will never seen your loan on their radar until after you are late on your payments — get it, they mitigate loss. If you’re current and on time, you’re an ideal customer and will never cross paths with the loss mitigation dept.

So you must be late on payments, which is something a lot of people just won’t do even if they’re stuck in a payment that will destroy them in the near future. Also, you must have leverage and understand that you are not be willing to employ it.  If you are upside down in your home, try and find out by how much. If, say, you owe $100K more than your house is worth, you actually have real leverage and have a good shot at a loan mod. Eventually it will become a simple risk calculation for the lender(investor). If they take the house back in foreclosure, how much do they lose vs. lowering your rate and/or reducing principal. So the more they will tend to lose in foreclosure, the better your loan mod will potentially be. Simple. The borrower must demonstrate that he can make payments, though, or the investor wouldn’t bother offering a modification. The borrower should also explain why he was not able to make those earlier payments — hardship.  So if the borrower is upside down, has high interest loans, but also can make a payment but just can’t afford his current payment, I absolutely love his chances of getting his loan modified.

For the rest of us stiffs out there, ask yourself what leverage you have and then try to apply it. But you have to be willing to stop making payments and make your move, which is risky and scary. And you better be pretty sure you have real leverage. I will only accept clients that are heavily upside down, either late or about to be late, know for certain that they must either modify their loan or soon lose their home, can show hardship that has caused loss of income, especially if they are late, but can prove that they can make a payment if the original was reduced.  These clients will get a good loan modification.  And if they’re in a high interest ARM, they’ll be glad to know that they’ll be modified into a fixed, often at wayl below market rates. We’ve had a loan modified to 2% fixed rate before.

So what leverage do you have, and why should the bank modify your rate? Come up with a compelling reason, and by compelling reason I mean it will be cheaper to modify your loan than to _____ (foreclose seems like the best answer).  If you don’t have equity, I guess that’s something. It’s worth a shot if you’ve got about 10 or 20 man hours on your hands to call your servicer and try to get through the process.  But the modification will always be a financial calculation that the lender makes. He will accept a loss of this much by offering you a mod over the larger loss that taking your house would be. I’m too tired to really make my point, I think.

Maybe some people that modify loans have another viewpoint? This is how I’ve always viewed it and used to modify loans for people, and I’ve never been wrong yet.

Greg, thanks for sharing!

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Arizona Mortgage Loan Modification Scams

Are there really Arizona mortgage loan modification scams happening?

Uh… yep.

I was in touch with someone yesterday who had just paid $5,000 up front to a loan modification company and he called me asking me if I thought that he had done the right thing.

He may have been somewhat surprised when I told him “don’t take this the wrong way, but I have never heard of the loan modification company that you are telling me about and $5,000 up front is a lot of money to pay compared with I see as a ‘normal’ charge.”

He then indicated that he thought something seemed a little strange when he tried to get a refund of his $5,000 and they were hesitant to give him one.

Check, check and check. It seemed to me like it had all of the elements of a scam.

Are you wondering who to call that can possibly help you work with your current lender to get your loan modified? We have started a list of Arizona loan modification companies that seem to be getting good results for their clients.

Oh, and I have actually heard of them and been to their offices before.

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The Homeowner Affordability and Stability Plan

Yesterday President Obama announced his Homeowner Affordability and Stability plan and people are saying it could help 7-9 million homeowners. That is quite a few families!

There are many numbers being thrown around when talking about this plan, but the real magic number of the Homeowner Affordability and Stability plan is one. One as in the number 1.

You.

Will this plan help You?

The Homeowner Affordability and Stability plan is generally segmented into attempting to help homeowners with “help” for 3 different groups:

  1. Help for those people who are owe slightly more than their home is worth and are current on their payments
  2. Help for those people who are not current on their payments and are on the path to foreclosure
  3. Help for Fannie Mae and Freddie Mac

Help for people who owe slightly more than their home is worth and are current on their mortgage payments:

You can also read more about the help this group of homeowners can expect on the White House blog.

If you are in this group of homeowners, get ready! Start checking current mortgage rates and get ready for more information on what it takes to refinance your loan on March 4. On March 5th, get ready to get multiple mortgage quotes from your favorite lender loan officer. Chances are good that interest rates are lower now than when you got your mortgage.

Help for those people who are not current on their payments and are on the path to foreclosure:

If you are in this group of homeowners, my advice is to be patient. Many of you are in the process of attempting to get your mortgage modified, in the process of a short sale or short refinance. My best advice is to wait until more details are announced on March 4th.

The reason for this advice is two-fold: first, your lender is probably trying to figure out exactly what the plan means to them so they can help you and second, nothing “worse” is probably going to happen to you by waiting for more information.

You can also read more about the help this group of homeowners can expect on the White House blog.

Help for Fannie Mae and Freddie Mac:

No matter what group of homeowners you fall in, this will be going on “behind the scenes” while you are working on your individual situation. The US Treasury is going to increase its funding commitment to both Fannie Mae and Freddie Mac, will continue to buy up mortgage backed securities and increase the size of the mortgage portfolios.

This is important to you because it will help ensure that someone will buy your mortgage – which will mean that you can actually get a mortgage. In simple terms, if there are no buyers of mortgages, then mortgages are not available.

If you own a home and are wondering if the new Homeowner Affordability and Stability Plan will help you, my best advice is to wait until March 5 when more information is released.

At that point, you should be able to know if the magic number is called.

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