As I speak with people every day, I am hearing a question being asked more often than I can remember in the past:
“Can I get a loan modification if I am current on my payments?”
The answer?
It depends.
I think that it is probably safe to say that most lenders are currently not modifying your loan if you are current on your payments. Now that I have said that, I am sure that there are examples where people have been able to get their loan modified and never have to miss a payment.
From what I can gather, one key to getting a loan modification done is to keep trying – even after the lender has told you no. The other key to getting a loan modification done is to find and hire a reputable loan modification attorney who can help you negotiate a loan modification with your lender.
Do you have to hire a loan modification attorney to get a loan modification done?
No.
But from what I can tell, it seems like it helps your chances of getting a loan modification done.



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.