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Posts Tagged ‘Loan Modification’

Loan Modification Frequently Asked Questions – HUD

Loan Modification
Frequently Asked Questions

A Loan Modification is a permanent change in one or more of the terms of a mortgagor’s loan, allows the loan to be reinstated, and results in a payment the mortgagor can afford.

Question 1: In utilizing the Loan Modification option to bring an asset current, can the mortgagee include all fees and corporate advances?

Answer: Mortgagee Letter 2008-21 states in part: Legal fees and related foreclosure costs for work actually completed and applicable to the current default episode may be capitalized into the modified principal balance.

Question 2: May a mortgagee perform an interior inspection of the property if they have concerns about property condition?

Answer: Yes, per Mortgagee Letter 2000-05, page 20, the mortgagee may conduct any review it deems necessary to verify that the property has no physical conditions which adversely impact the mortgagor’s continued ability to support the modified mortgage payment.

Question 3: Can a mortgagee include late charges in the Loan Modification?

Answer: Mortgagee Letter 2008-21 states that accrued late charges should be waived by the mortgagee at the time of the Loan Modification.

Question 4: When utilizing a Loan Modification option, can a mortgagee capitalize an escrow advance for Homeowner’s Association fees?

Answer: HUD Handbook 4330.1 REV-5, Paragraph 2-1, Section B, Escrow Obligations states: Mortgagees must also escrow funds for those items which, if not paid, would create liens on the property positioned ahead of the FHA-insured mortgage.

Question 5: Is there a new basis interest rate which mortgagees may assess when completing a Loan Modification?

Answer: Yes, Mortgagee Letter 2008-21 states that the new basis interest rate is 200 points above the monthly average yield on U.S. Treasury Securities, adjusted to a constant maturity of 10 years.

Question 6: Will HUD subordinate a Partial Claim, should a mortgagor subsequently default and qualify for a Loan Modification?

Answer: If a mortgagor subsequently defaults and qualifies for a Loan Modification, HUD will subordinate the Partial Claim.

Question 7: Are mortgagees required to perform an escrow analysis when completing a Loan Modification?

Answer: Yes, mortgagees are to perform a retroactive escrow analysis at the time the Loan Modification to ensure that the delinquent payments being capitalized reflect the actual escrow requirements required for those months capitalized.

Question 8: Is the mortgagor eligible for the upfront premium refund at payoff of a modified loan?

Answer: It depends upon when the closing date occurred. For assets closed:

After July 1, 1991 but before January 1, 2001, the 7-year unearned premium refund schedule shown in Mortgagee Letter 1994-1 remains in effect,

On or after January 1, 2001 that are subsequently refinanced, the 5-year refund schedule shown in the attachment of Mortgagee Letter 2000-46 applies, or

On or after December 8, 2004, refunds of upfront MIP are eliminated except, when the mortgagor refinances to another FHA insured mortgage. The refund schedule attached to Mortgagee Letter 2005-03 has been modified to a 3-year period.

Question 9: Can a mortgagee qualify an asset for the Loan Modification option when the mortgagor is unemployed, the spouse is employed, but the spouse name is not on the mortgage?

Answer: Based upon this scenario, the mortgagee should conduct a financial review of the household income and expenses to determine if surplus income is sufficient to meet the new modified mortgage payment, but insufficient to pay back the arrearage. Once this process has been completed the mortgagee should then consult with their legal counsel to determine if the asset is eligible for a Loan Modification since the spouse is not on the original mortgage.

Good Q & A to clear up any confusion on Loan Modifications

Posted via web from Jeremy R Erickson

Notice of Sale filings are way down, and Notice of Default filings are rising, see the trends here!

As you can see, some of the trends are headed down, but don't let that fool you, some reports, and some of the things that I have been reading indicate that we will have a strong wave of defaults in early November to late november.  Lets hope its is not as bad as some analysts think.  Also notice that the number of defaults compared to the number of Sales are pretty different.  Lots of those properties are getting gobbled up by the people jumping on the band wagon for distressed property purchases.  And some people are getting their loans modified to the point they can stay in the property and get a payment that they can afford.  "Making Home Affordable" programs have helped many people from Short selling their property, and has stopped the foreclosure process.  I have heard of people supporting $1700-$1800 monthly payments get their payments adjusted down to 950 a month (all depending on your monthly income, and other debts).  So make sure that you entertain that avenue before you, or anybody you know jumps on the short sale track when there is other options.

For up to date charts and graphs, and current Ada County default and Notice of sale Recipients just click here!

See and download the full gallery on posterous

Posted via email from Jeremy R Erickson

What is a Loan Modification

What is a Loan Modification?

A loan modification is much like a mortgage refinance in that the objective is to find you a more affordable mortgage payment for your financial situation. In fact, it is often called a modified refinance. The primary difference is that instead of looking for a “new” loan you will just simply “modify” the terms of you existing mortgage.

Why a Loan Modification Versus Refinancing My Mortgage?

Refinancing your existing mortgage to obtain a more affordable mortgage payment could still be an option. Unfortunately, for an increasing percentage of homeowners it is not. That is precisely what loan modifications are for, the homeowner that has incurred a financial hardship that prevents other mortgage financing or payment options.

In most cases, a loan modification is recommended to homeowners that have a financial hardship that is preventing them from making their monthly mortgage payments. Most how are eligible for these types of mortgage modification programs have already missed one or more payments.

Am I Eligible for a Loan Modification?

This will vary depending on who services (i.e., who you send your mortgage payment to each month) your mortgage. However, most follow very similar qualification criteria. These are the most common loan modification qualification standards:

  • Experienced a documented hardship or change in financial circumstances
  • Missed three payment (90 days delinquent) or more
  • Owns and occupies the property as a primary residence
  • Not filed bankruptcy

Other important factors that can effect your eligibility:

  • Do not purposely default to get a loan modification
  • Make sure you are responsive in working with your lender

Since many of the programs do vary in how they work, you should contact your lender and advise them of your hardship and get more information.

Where Do I Get a Loan Modification?

Ultimately, the only place where you can get a loan modification is with the lender or servicer that current holds your mortgage. Confused as to who this might be? In this mortgage market, where mortgages are bought, sold, and packaged up into securities for Wall Street, this part can be the hardest step in the loan modification process.

The best place to start is your mortgage coupon book or statement–who do you send your mortgage payment to each month?

Each mortgage lender or servicer will have different loan modification programs and processes. In addition, often the staff at these companies have little training to handle a loan modification inquiry.

This is where getting a loan modification can become very challenging. Seeking expertise in streamlining your loan modification process can often save you a lot of frustration and money.

What Do I Need to Show the Bank?

The bank ultimately is in the business to return a profit to their shareholders, just like any other business. Consequently, your objective in presenting your loan modification request is to show that it is in the best interest of the bank to modify your loan.

What might support your modification request? Here are the points that you should be able to show your bank:

  • You have had a material change in your financial circumstances
  • You have made every effort to make your mortgage payments
  • You have been cooperative and responsive in working with them
  • You are not in any way purposefully defaulting to get a loan modification
  • You are willing to be open, honest, and provide all necessary documentation

Remember your bank is essentially making a new loan to you after taking a loss on the first one. You need to demonstrate to the bank that you are able to pay on the new modified loan terms.

What Documents Will I Need?

Your loan modification package is going to be the most important part of your mortgage modification efforts. Again, the contents and process for packaging the information for your lender’s consideration will vary, but the critical elements are typically the same. Here is an example of the documents you will probably require:

  • A letter documenting and explaining your hardship
  • Proof of current income and capability to make modified loan payment
  • Detailed monthly expense report or budget

The principal purpose of the loan modification package is to provide your lender with sufficient documentation to evaluate the risk in modifying your mortgage. The main question your lender is trying to answer is can you pay the new modified mortgage payment, and will you.

Why Would a Bank Modify My Mortgage Loan?

Simply because it is in the best interest of the bank. As you attempt to inquire about a loan modification do not confuse this transaction with an altruistic act of kindness. It is fundamentally a transaction that makes more business sense than the alternative–you defaulting on the entire mortgage and costly foreclosure proceedings.

It is also a product of the current economic conditions. There are so many homeowners that have been pinched by the simultaneous collapse of the housing market and the economy. This creates a unique circumstance–modifying your mortgage, to keep you in your home, benefits the bigger economic picture.

Loan Modification Programs

As mentioned before, loan modification programs are just becoming mainstream and therefore there is little standardization. The details of loan modification programs that you qualify for will start at your lender or a loan modification counselor that can guide you.

Here are a few of the most prevalent loan modification programs and resources:

White House/Treasury Loan Modification Program

The Obama administration, under the guidance of the US Treasury has created one of the most inclusive loan modification programs to date. This mortgage modification program not only helps borrower in current financial stree, but also good paying homeowners that think they may have challenges in the future or have lost significant equity in their homes due to the housing market crisis.

You can learn mor about this program at: FinancialStability.gov-Making Home Affordable

IndyMac Federal Bank Loan Modification Program

IndyMac Bank was one of the first financial institutions to broadly offer loan modifications to their mortgage customers. When the FDIC took over IndyMac it became the first test bed for an extensive loan modification policy. You are eligible for this loan modification program if IndyMac Federal Bank holds or services your mortgage.

You can learn more about this program at: FDIC Loan Modification Program for Distressed IndyMac Mortgages.

Federal Housing Finance Agency Loan Modification Program

The most recent of the loan modification programs was the one offered by the Federal Housing Finance Agency (FHFA), the supervisory regulator of Fannie Mae and Freddie Mac. This loan modification program applies to any mortgage held or serviced by Fannie Mae or Freddie Mac.

You can learn more about Fannie Mae and Freddie Mac loan modifications in FHFA Director Lockhart’s Statement on Loan Modification Program [PDF]

Major Lender’s Loan Modification Programs

The largest banks in the US are all offering aggressive loan modification programs and in some cases issuing foreclosure mortatoria. These programs are expected to proactively modify hundreds of thousands of mortgage loans.

You can learn more about Citigroup’s loan modification programs at:

You can learn more about JP Morgan Chase’s loan modification program at:

You can learn more about Bank of America/Countrywide loan modification program at:

If you have questions about this article please call us at SplusE.com at (208) 991-3171 (Article was provided by www.mortgageloan.com)