Are Loan Modifications Permanent?

Recently, Kevin Hardin at Thomson Law revealed 7 secrets about Arizona loan modifications that most people won’t tell you.  If anyone could explain the ins-and-outs of loan modification, I think Kevin can – his firm has helped thousands of Arizona residents understand the process of getting an Arizona loan modification over the past couple of years.

Permanent Loan Modifications Not Permanent?

Here is the #2 secret Kevin revealed about loan modifications – permanent loan modifications are not permanent.

Highlights in the video include:

We hear in the news about getting a trial mod.  Lenders will get you on the phone, tell you they understand that you are behind on your payment and then offer for you to pay $600 a month for the next three months while they get all the paperwork “taken care of”.

The problem with this is that it is a trial loan modification and there are no contracts that you have signed, there are no legal documents and after a six month period and you end up getting denied, you are going to be very upset.

Hardin further goes on in the video to talk about what happens if you actually get a “permanent” loan modification.

Let’s say that you actually get awarded a “permanent” loan modification. You are excited and think that you finally got your permanent loan modification.  Well, it is not permanent.  When you read the loan modification documents, you are going to find that your new interest rate is going to start at something like 2 or 3 percent — for the first year. Then after another year, it goes up another percent.  Until it gets to a market rate – and let’s say that market rate is 5.5%.   At that point, it is going to be a fully-amortized payment (PITI) and so you want to ask yourself today: could you afford a fully amortized payment on the home you own today.

Odds are, you probably can’t.

Which means with a loan modification situation like this all you will have achieved is to get a very temporary solution to a permanent problem.

Have more questions about loan modifications? Contact the Arizona loan modification experts.

Thomson Law PLC
2701 East Camelback Road, Suite 150
Phoenix, Arizona 85016
602.774.3757

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Can You Qualify for Refinancing?

In spite of the government-backed refinance loans that are becoming obtainable, many people cannot meet the qualifications for a refinance. When a borrower cannot qualify for a refinance the best remaining option to improve mortgage loan terms is usually for the borrower to seek a loan modification from their current lender. Sometimes the easiest and quickest way to ease overall monthly payments is by working on credit card debts.

What would disqualify you for refinancing in Arizona?

  • If you have had a late mortgage payment in the last 12 months – this means more than 30 days late.
  • If you have a credit score below 640. If you have credit issues you can try for a loan modification or we can give you some advice on how to improve your credit scores.
  • If the current value of your home is less than 105% of your first mortgage. This is if you don’t already have an FHA mortgage. If you do have an FHA loan we may be able to refinance you. If you have enough equity to cover your first mortgage, but not your first and second combined you may only be able to refinance your first mortgage.
  • If you do not currently have sufficient income to support your debts. This debt-to-income requirement doesn’t apply if you have a current FHA mortgage. However, if the combined minimum payments on your current debts/loans is more than half of your family’s pre-tax income refinancing is difficult.

If any of the above apply to you a refinance probably is not possible right now. However even if you can’t refinance into a new loan you can still seek a loan modification so contact us for advice about that.

Loan Modification

A “loan modification” is the process in which a lender lowers your payments by some combination of reducing your interest rate or in some other way agrees to improve the terms of your current loan. The incentive lenders have to modify mortgage loans is that foreclosing on a borrower is a very costly proposition so keeping a borrower in the home is often a wise thing to do financially — especially if the borrower is “underwater” on the loan or owes more than the home is worth.

Unlike refinances, loan modifications are normally free if you can obtain one directly from your lender. With refinancing as with any mortgage there are fees associated with government-backed loans.

FHA Loan Refinances

Some people assume the government is the lender with FHA loans but that is not the case. FHA loans are simply loans that are backed or insured by the federal government. In other words regular banks lend the money but with an FHA loan it is like having Uncle Sam co-sign with you.

What are the fees involved?

Bank fees for FHA loans can range anywhere from about $1100 to $5000 depending on the size of the loan and the terms worked out. There are fixed fees that usually amount to about $1100 and then it is common for there to be a loan origination fee of at least 1% of the loan amount.

Title and escrow fees are fees charged by the title company and vary from state to state. It is common for these fees to tally $1000-2000. The larger the loan, the larger the title and escrow fees. Another cost are pre-paid items which are pre-payments on property taxes and homeowners insurance.

FHA insists that taxes and insurance be included in the escrow account and paid monthly. While these aren’t fees (since you are simply paying ahead on taxes and insurance) they do need to be added to the loan amount or otherwise paid in advance.

Finally, there is a 1.75% mortgage insurance premium that Uncle Sam requires in exchange for essentially co-signing on your FHA loan. This mortgage insurance premium (along with the mandatory monthly mortgage insurance fees) helps keep the FHA solvent and able to pay the banks back when FHA borrowers default on their loans. This fee does not apply to conforming loans refinanced under the Homeowner Affordability and Stability Plan.

There are some cons to going the loan modification route however. The modifications are sometimes temporary in nature. For instance the lender might lower interest rates for just a few years with the understanding the interest rate will revert back after that time. Lenders and loan servicing companies are under no obligation to modify your loan. They often choose to ignore or deny loan modification requests. Borrowers must normally be at least 30 days behind on mortgage payments to obtain a loan modification.

If you can qualify for a refinance you have more control over your situation. When you refinance into a 30-year fixed loan you don’t have to worry about terms changing over the life of the loan.

Contact us to see what the best option is for you in your situation. We can get FHA loans done in as little as Ten Days!

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Are Loan Modifications Working?

Are loan modifications working? Local Realtor Kristin LaVanway gives some commentary on whether or not loan modifications are working.

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Loan Modification – Free Help

Loan Modification – Free Help

The fact you are here and noticed the word “Free” makes you suspicious as most of us have heard some nightmare stories of how people are charging desperate homeowners, thousands ($1,000′s) of dollars, hoping to stay in their home and thwart off the possibilities of foreclosure.  Unfortunately, some of these modifcation companies do not deliver and keep the distressed homeowner with less money in their distressed pockets.  There is hope and we are excited to offer our readers and their friends and families this information.

The good news!  There is a HUD Sponsored “Not for Profit” Agency that dedicates their time and efforts to assisting homeowners on their loan modification for “FREE”.  

Who, what, where and how?

NID-Housing Counseling Agency (NID-HCA), program is designed to offer the myriad of housing related issues to our clients, nationwide.  The function of the agency is to provide housing related counseling to all persons/entities with housing needs, FREE OF CHARGE. The agency is staffed by a network of fully training counselors/real estate professionals with extensive multi-choice knowledge of the real estate industry, in general and within their areas, specifically. The agency also has an extensive referral system for all of your real estate related needs. Counseling is offered in the following ways to accommodate the client: Office location, telephone, e-mail, confidential fax on demand, and TDD (for the hearing impaired). Spanish and Cantonese counselors are available at each location. Counseling is strictly confidential. One-on-one and/or group counseling seminars are available. Counseling questions submitted by e-mail and fax are confidential and will only be accessible by the counselor.  We offer counseling to consumers, as well as non-profits, public agencies and faith-based organizations in each of the following areas: .

Default/Foreclosure (loss mitigation)
The NID-HCA default/foreclosure-counseling program to date has a 95% success rate in avoiding client lose of property due to foreclosure (without the client filing a bankruptcy). NID-HCA works with your lender to negotiate the best terms available for all parties involved. NID-HCA will discuss extensively with the client issues such as, how to avoid foreclosure, options to foreclosure, communicating with your lender/service, renegotiating your loan terms, managing your debt and re-establishing your credit.

Delinquency/Default Counseling
We provide information and recommendations, allowing our clients to make appropriate decisions to settle their mortgage delinquency/default problems. In this process, we ensure that our clients understand all their options and that lenders/servicersadhere to industry-standard loss mitigation practices. NID-HCA continues to assist its clients until their problems are resolved. We also work to reduce loss mitigation costs to both our housing clients and mortgage lenders.

Predatory Lending Counseling
NID-HCA arms its clients with knowledge that enables them to negotiate fair loan terms and to protect themselves against potential predatory lenders. For clients who feel they have been victimized by predatory lending practices, our counselors help clients investigate the validity of their concerns, and when indicated, report unlawful conduct to the appropriate authorities.

CONTACT:

NID Housing Counseling Agency
668 North 44th Street
Phoenix, AZ 85008

Office: 602-685-1056
Fax: 602-685-1057

[email protected]

By Ted Canto, Sr. Mortgage Consultant

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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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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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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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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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