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5 Frequently Asked Questions In Loan Modification

By Scott Tucker
Dec 19, 2008
Current situations have caused more and more people to rely on loans to help support themselves. Not very long ago, banks only permit consumers to gain privileges from a loan modification during dire instances.

At present, lenders have allowed loan modifications to take advantage of high interest rates, delinquent payments, foreclosures, adjustable rate loans, etc. To avoid the pitfalls of the process, make sure you understand it well and ask the right questions.

1. What Is Loan Modification?

A loan modification is a process wherein the lienholder, also known as the lender, bank or investor, adjusts the mortgage note terms permanently to make payments more convenient and affordable for borrowers.

In most cases, the interest rate is lowered with a fixed loan program. Aside from convenience and affordability, borrowers can expect advantages such as conversion of an adjustable loan into a fixed one, reduction of principal balance and prevention of foreclosure.

2. How Can I Be Eligible?

Individuals need to be at least 61 days or 3 full payments delinquent. A minimum of 12 months is needed to have elapsed since the loan origination date. The loan may not be in foreclosure when executed. The loan modification mortgage should stay in the first lien position.

There should be a default due to an increase in living expenses or verifiable loss of income. The mortgagor should not have another FHA-insured mortgage. The borrower should be the owner-occupant or commit to live in the property as principal residence. The borrowers should also have stable surplus income enough to support the mortgage.

3. What Are The Procedures In A Loan Modification?

The mortgagee needs to assess the mortgagor's financial condition. An escrow analysis should also be done by the mortgagee during loan modification to compare if the actual escrow requirements correspond well to the delinquent payments that are being capitalized.

The mortgagee has to comply with the disclosure laws or notice requirements of the State and Federal government, then determine if records are needed to keep first lien position. Home repair costs may not be included in the mortgage.

The mortgage should make sure that the property is in good physical condition. Adverse physical conditions may impact the mortgagor's ability to support financially. Both interior and exterior inspections can be done. Reinstated loans via a loan modification program within the past 3 years need written justification before subsequent modification. The previous reason for default should not be related to subsequent reason for default.

A mortgagee may qualify an asset during loan modification if the mortgagor is unemployed, or the spouse is employed but whose name is not included in the mortgage. A financial review of the household income and expenses should be done by the mortgagee to know if surplus income is enough to meet the new payment plan. The mortgagee may consult with his or her legal counsel to know if the asset is eligible for loan modification.

4. Are There Similarities Between Loan Modification And Refinancing Or Debt Consolidation?

Generally, no. The borrower needs to apply for a new mortgage for the house, together with a down payment, lender fees and an appraisal when refinancing a home. Debt consolidation aims to group together unsecured debts into a program or loan with lower payment requirements, which do not apply to mortgages. These processes are usually not affordable to borrowers who are already at their financial limits.

Loan modification restructures a current loan to make it easier for borrowers to cope and pay back. Some individuals notice results in a span of 4 to 8 weeks with loans guaranteed by the FHA. The process most often does not delay if you have a reputable lender willing to provide you with a sound plan.

5. Can I Try Loan Modification Independently?

Experts recommend that you do not proceed with the loan on your own. A public adjuster will help you get better options with insurance companies. Find someone who understands your rights as well as the entire process of loan modification.

You will need a professional to handle documentation, as well as help you assess the current physical condition of the home and financial capabilities of the mortgagor.
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