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There is a process and procedure for modifying a mortgage. The
process varies slightly from lender to lender. In general, 50%
of mortgages follow Fannie Mae or Freddie Mac loss mitigation
guidelines. Knowing the loss mitigation guidelines is a
significant part of the process. A short sale is a form of loan
modification because the lender is being asked to modify your
loan with a lower balance so the house can be sold
Step 1 Determine available
options
Getting your lender to communicate
and negotiate with us is the first step. Your authorization will
allow the lender to communicate with us. It will let us get the
name of the investor for your mortgage and the available loss
mitigation options. Once we know your lender is open to a short
sale we will help you prepare a loan modification application.
Generally, it takes 2 to 4 business days from the day we fax
your authorization to your lenders before your lender can
communicate with us about your mortgage.
Step 2 Prepare Application
and Submit Application
The non-refundable $500 loan
modification application fee is due only when your Lender
confirms they are open to a modification for your mortgage. At
that point we will begin helping you to prepare a loan
modification application. It generally takes 20 business days
from the time a Lender receives a complete application, to
assign your application to a negotiator for review.
Application Preparation
An application must meet both regulatory requirements and lender
loss mitigation guidelines. The guidelines vary from lender to
lender and for individual mortgages. Lenders modify mortgages on
a case by case basis and we will assist you in preparing a:
- detailed personal financial statement.
- hardship letter
- arms length sale certification
- short sale request
- seller’s estimate of value
Hardship Letter
There must be a hardship to qualify for a loan modification. A
Borrower is considered to have an involuntary inability to pay
if he or she does not have the ability to make the monthly
payments. Hardships are based on an involuntary reduction of
income due to:
- Business Failure
- Casualty Loss
- Unemployment
- Curtailment of Income
- Distant Employment Transfer
- Death in Family
- Death of Mortgagor
- Illness in Family
- Illness of Mortgagor
- Divorce or separation
- Military Service
- Interest Rate and Payment Adjustment
- Fraud
Feedback about your hardship letter is important. You can
count on us to give you useful feedback in reviewing your
hardship letter.
Application Submission
Once your application has been prepared, it will be sent to your
lender. Every page on the application will be identified with
your loan number and name. Two important tasks remain after the
application package has been sent to your lender.
Confirm receipt of the
application
Lenders often lose or misplace documentation. Follow up calls
are made to the Lender requesting verification they have
received the documentation and have included the documentation
in their file. Missing documentation is resubmitted and
reconfirmed. Often, several calls must be made until we get
confirmation your documentation was received.
Verify completeness
As loan modifications are approved on a case by case basis we
will confirm the completeness of the application with your
Lender. Should additional documentation be required, we will
help assemble it, transmit it and verify it has been received.
Transaction log
Every interaction with the lender is logged into our system. A
detailed record of the date, time and contact person is
maintained for application. The log prevents your lender from
fostering misinformation while allowing us to enforce the
lender’s commitments. It prevents lost time from conflicting
directives and information by individual lender employees.
Step 3 Getting the lender to focus on the file
Lenders are overwhelmed with loan
modification requests. Lenders are dealing with almost 8,000
foreclosures a day. The total number of requests for loan
modifications is much higher. Many loss mitigation departments
have to deal with more than 10,000 fax messages a day. Getting
the lender to focus on your specific file is a vital part of the
short sale process. Two techniques to get your lender to focus
on your file are the Qualified Written Request and a forensic
audit of the mortgage.
Qualified Written Request
The Real Estate Settlement Procedures Act provides for a
privileged communication between you and your lender. It
requires the lender to respond within 20 days of the receipt of
your request. Used in conjunction with a regulatory hardship, a
qualified written request can:
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Force the lender to accept an
application for loan modification
-
Force the lender to focus on a
application for loan modification
-
Suspend, delay or stop foreclosure
activity
-
Suspend the requirement of the
borrower to make mortgage payments
Forensic Audit
Often, there are TILA and RESPA violations in your closing
documents. Making the lender aware of the violations helps to
create focus for a loan modification application.
Step 4 Application Acceptance
The next step in the process is to
get the Lender to accept the application for a loan
modification. Generally, it takes up to 20 business
days from the time the application is accepted for review for
the Lender to decide if a borrower and mortgage qualify for a
modification. Often, with the acceptance of a modification
application, a lender may suspend foreclosure activities. This
removes the threat of foreclosure and allows the borrower time
to complete the modification without the threat of foreclosure.
Step 5 The Modification
Pre-Modification Payment Plan
For most mortgage guidelines,
qualifying for a loan modification requires the mortgage to be
current and a current on time payment history for the loan. This
is accomplished by using a special forbearance plan. It will
allow the loan to become current and create an on time payment
history for the mortgage. The forbearance plan has two features:
• A monthly payment the borrower can afford.
• Four to six payments.
• A balloon payment for the balance of the arrears.
The monthly payments create the necessary on time payment
history. The balloon payment brings the mortgage current. A
second payment plan may follow the first payment plan. The
second plan generally has a monthly payment very close to the
payment in the modified mortgage.
Mortgage Modification
Agreement
Everyone knows ‘it’s not over
‘until it’s over’. Expect our support to continue until the
final modification is signed. Lenders are plagued with confusion
and mismanagement even at the close. Count on our help to be
certain the final mortgage terms are consistent with prior
agreement and understanding.
Modification Review
Hidden, new and additional lender fees sometimes find
their way to a loan modification. Making certain the
modification is consistent with the commitment the lender has
given us will protect you.
Lender's Modification Fee
Some final agreements may include a Lender processing fee.
Generally, the processing is between $300 to $500.
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