Loan Modification Legal Issues to Watch Out for

If you are just starting a loan modification business, adding loan modification services to your existing business, or are about to do either, you will need to research and address several different legal issues before you begin. Every state has different rules and laws regarding modifications, so it’s best to find this stuff out beforehand, rather than after you’ve been fined or even arrested for breaking the law.

First off, you’ll want to find out who can do modifications in your state and who cannot. Are there any licensing or certification requirements? Are real estate brokers allowed to do modifications? Are mortgage brokers allowed to do modifications? Can you simply outsource an attorney to write the letters for you, while you just handle the sales and “processing” (i.e. you do everything but sign the pre-written letter that you send over to the attorney to print and sign)?

You’ll want to decide which states you want to do modifications in, and what the different licensing requirements are for each state. Furthermore, you may need to get special licensing or certification, and possibly submit to expensive audits, in order to do modifications on FHA and VA loans, so make sure you look into this before you agree to take on an FHA or VA loan modification.

Can you pay referral fees to just anyone in your state? How much are you allowed to pay? Can you pay referral fees to mortgage brokers and/or real estate brokers? Many state-level real estate and mortgage oversight boards and commissions can get really touchy about this issue, so make sure you don’t cross any lines you shouldn’t be crossing. What about referral fees to accountants, bankers, and financial planners? Many states have regulations about referral fees to these professionals too, so find out before you start throwing money around.

Be careful about who in your company has access to your clients’ personal files and information. For that matter, be careful about who even discusses these issues with your clients and their lenders, as your release forms will necessarily be pretty limited in their ability to protect you. Some states even require you to have locking filing cabinets and a certain level of firewall protection, password logins for you computers, and other internet safety before you can even begin your first modification.

Be aware that some states do not allow you to charge up-front fees for your services. Even if your state doesn’t care, you run the risk of a lawsuit by a frustrated client if the modification is unsuccessful, even if it’s not technically your fault.

Consider having an attorney draft some of your forms, including your Client Authorization, your Client Services Agreement, and any other disclaimer or important form. These are your only protection from lawsuits, so don’t let them be shoddy and loose. Spend the money to ensure that both you and your clients are fully protected. For that matter, you may even want to print this article up and take it to a local real estate attorney to help you answer these important questions. Your state real estate and/or mortgage commission may be able to help you as well.

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Easy Way of Comparing Mortgage Rate Quotes

If you are planning to buy a home in the near future, then you should consider taking a mortgage. It is a means of buying home in credit. What you have to do when interested in mortgage is to seek the best mortgagor that offers low interest rate. In order that you can take advantage of a mortgage, you should come to an online portal where you can compare mortgage quotes of some mortgagors.

Feel free to visit Homemortgage.Com if you are in search of complete information related to mortgage. Not only does Home Mortgage offer instant way of comparing mortgage rate quotes, but also info of current mortgage loan rates. That is why it makes sense for you to check out content of this website and then understand the essence of mortgage for your home ownership. Aside from guide on buying new mortgage, here you will come across all it takes to do in refinancing mortgage.

Home is an important thing for almost all people in this universe and therefore, you should take time to find the best way in order to be able to possess your own home. No matter your current financial condition, you can use mortgage rate quotes to make your dream of having a house comes true.

How FHA Mortgage Calculators help Borrowers

FHA Mortgage calculators are very useful for the borrowers who are looking forward to take FHA mortgage loans. These calculators help determine the amount you can borrow and the amount you need to pay monthly.

With the help of the FHA loan calculator, you can check the amount you can afford or not.  To get that amount, you need to fill some information in the calculator. This information includes things like mortgage length, mortgage for new home, interest rate, annual tax, student loan, total monthly payment for car and other expenditures. Your monthly payments towards tax and mortgage should not exceed the 28% of your gross salary.

FHA loan calculator can also help you determine the amount you can borrow.  To know this, the calculator needs information like income, expenses, interest rate and loan term. In the income filed of the calculator, fill in salary and other incomes. In addition,   it might require you to fill in information about property tax, hazard insurance, auto payment, credit card and other payments.  Once you fill in all the information required, you will get the required amount which will help you make decision about loan amount.

FHA mortgage calculators also help you determine the monthly payments.  For this you are required to fill in information about loan amount, annual tax, mortgage length, interest rate and annual insurance.

You can find these calculators at various websites offering information about FHA loans.

Ms. Ulery and Her Do it Yourself Loan Modification with BankAmerica – Feldman Law Center




Feldman Law Center – Eileen Ulery wasn’t a real estate speculator. She was an executive assistant at Arizona State University that bought a condo in Mesa, Arizona for $77,000 in 1997 where she had lived ever since. Several years and a couple of refi’s later, her mortgage balance was up to $140,000 and then the bottom fell out. University budget cuts resulted in the elimination of her job, which she had held for over twenty years. With some severance pay and social security she was able to keep up but once the severance ran out, her mortgage payment was more than she could handle.

After hearing about the Obama Administration’s new “Making Home Affordable” plan she went to the CountryWide (now part of Bank of America) website which directed her to the official government site for the program, makinghomeaffordable.gov. After taking a test at the site to determine her eligibility she was informed that she might qualify for a loan modification.   

Calling the bank in April to start the loan modification process, the bank’s representative said that the bank was not doing loan modifications for “people like her”. The rep then countered with something the bank could do for her; if she could write them a check for $18,000, they would raise her interest rate slightly, and she could save $77 dollars per month. $13,000 would go toward her loan balance and $5,000 would go to the bank as fees to re-do the loan. The monthly savings would come from the reduction of her loan balance.

Jenni Engebretsen, spokesperson for the Treasury, confirmed that homeowners like Ms. Ulery who are current on their mortgages but struggling with the loss of a job are eligible for loan modifications under the program. Eligibility, however, does not mean anything in terms of getting a loan modification done if the lenders are dismissing every do it yourself borrower that is not on the brink of imminent foreclosure.

Rick Simon a spokesman for Bank of America Home Loans, confirmed as much when he said “The bank is now focusing on modifications only for those borrowers who are already in severe threat of foreclosure.” After acknowledging that Ms. Ulery had been offered a refi instead of a loan modification he said, “We’re still putting the systems in place to handle people who are current on their loans. It’s still very, very early in the program.”

Ms. Ulery’s experience in attempting to modify her own loan is not unusual. In fact it’s quite common that lenders will counter a loan modification request with either an offer to refinance or to set up a payment plan requiring higher monthly payments. Both types of offers do nothing for the borrower while providing the lender with higher interest, fees, and higher principle payments.

Asked whether she took the bank up on its offer to refinance her home Ms. Ulery said, “I just laughed. It was a really good deal for them.”

   

“We’re still putting the systems in place to handle people who are current on their loans,” Mr. Simon said, declining to say how many loans Bank of America had modified. “It’s still very, very early in the program

President Obama promise that help was on the way for homeowners like her, people who had lost jobs and could no longer make their mortgage payments.

Yes, she was teetering toward delinquency. She was among millions of homeowners rapidly sliding toward danger for whom the Obama administration had devised an aid program — some already in foreclosure proceedings, others headed that way as they ran out of means to make their payments. But unlike those in imminent peril of losing their homes, Ms. Ulery had never missed a payment

More than three months after the Obama administration outlined a new program aimed at rescuing millions of distressed homeowners by compensating banks that modify mortgages, Ms. Ulery’s experience illustrates the mixture of confusion, frustration and limited assistance that now reigns.

Through many months of wrangling over the fate of the financial system, with hundreds of billions of taxpayer dollars dispensed on bailouts, distressed homeowners have waited for their own rescue amid talk that it was finally on the way. Modifications of so-called subprime and Alt-A mortgages — those made to people with tarnished credit — actually fell by 11 percent in May from April, according to research by Alan M. White at Valparaiso University School of Law.

The bank is now focusing on modifications only for those borrowers “who are already in severe threat of foreclosure,” he said.

 “I just laughed,” Ms. Ulery said. “It was a really good deal for them.”

 

MESA, Ariz. — She had seen the advertisements for the new government program offering relief. She had heard President Obama promise that help was on the way for homeowners like her, people who had lost jobs and could no longer make their mortgage payments.

But when Eileen Ulery called her mortgage company — Countrywide, now part of Bank of America — the bank did not offer to alter her mortgage. Rather, the bank tried to sell her a new loan with a slightly lower monthly payment while asking her to pay $13,000 toward the principal and a fresh $5,000 in fees.

Her problem was that she did not yet present a big enough problem to merit aid.

Yes, she was teetering toward delinquency. She was among millions of homeowners rapidly sliding toward danger for whom the Obama administration had devised an aid program — some already in foreclosure proceedings, others headed that way as they ran out of means to make their payments. But unlike those in imminent peril of losing their homes, Ms. Ulery had never missed a payment.

“I don’t know who this bailout is helping,” she said. “We’ve given these banks all this money and they’re not doing what they say they’re doing. Something’s not working right. They keep saying they’re doing all this, but we don’t see it down here at this level.”

More than three months after the Obama administration outlined a new program aimed at rescuing millions of distressed homeowners by compensating banks that modify mortgages, Ms. Ulery’s experience illustrates the mixture of confusion, frustration and limited assistance that now reigns.

Through many months of wrangling over the fate of the financial system, with hundreds of billions of taxpayer dollars dispensed on bailouts, distressed homeowners have waited for their own rescue amid talk that it was finally on the way. Modifications of so-called subprime and Alt-A mortgages — those made to people with tarnished credit — actually fell by 11 percent in May from April, according to research by Alan M. White at Valparaiso University School of Law.

A Treasury spokeswoman, Jenni Engebretsen, confirmed that homeowners like Ms. Ulery — current on their mortgages yet grappling with a hardship like unemployment — were eligible for loan modifications under the program. She said mortgage servicers had offered to modify more than 100,000 loans since the department announced the program.

But how many loans have been modified? Ms. Engebretsen declined to say, noting that the Treasury was working with mortgage companies to “fine-tune reporting systems.”

A spokesman for Bank of America Home Loans, Rick Simon, confirmed that the bank offered Ms. Ulery refinancing and not loan modification. The bank is now focusing on modifications only for those borrowers “who are already in severe threat of foreclosure,” he said.

“We’re still putting the systems in place to handle people who are current on their loans,” Mr. Simon said, declining to say how many loans Bank of America had modified. “It’s still very, very early in the program.”

Ms. Ulery, 63, is the face of the latest wave of troubled American homeowners, a surge of people in financial danger not because of reckless gambling on real estate, but because of lost income.

Far from being one of those who used easy-money loans to speculate on homes proliferating across the desert soil of greater Phoenix, she has lived in the same modest, stucco-sided condo in suburban Mesa for a dozen years. She bought the two-bedroom home in 1997 for $77,500.

For two decades, she worked as an executive assistant at nearby Arizona State University, bringing home more than $1,000 every other week — enough to pay the bills.

Round-faced, wry and given to staccato bursts of laughter, Ms. Ulery regularly visits yard sales, seeking out plates and patchwork quilts for her collections. She takes pleasure in her two grandchildren and her beagle. She enjoys an occasional glass of wine, favoring a $6 merlot that comes in a screw-top bottle.

“I’m not an extravagant-type person,” she said. “I see these big houses all around, and they’re beautiful, but I’m comfortable in my little condo.”

Like tens of millions of other American homeowners, she added to her mortgage balance as the value of her condo swelled, at one point exceeding $200,000. She refinanced to pay off some credit cards and settle into a 30-year, fixed-rate loan. Later, she took out a home equity line of credit to buy a new Hyundai. She refinanced again in 2007, borrowing $20,000, mostly for a new roof.

Over the years, her monthly payment swelled from about $600 to more than $1,000. With planning and self-control — she tracks her monthly expenses on a color-coded spreadsheet — she always came up with the money. “I’ve never been late,” she said.

But the equation broke down last year, when she lost her job in university budget cuts. Ms. Ulery received six months of severance. She arranged a monthly $1,500 Social Security check. But when the severance ran out in October, her mortgage finally exceeded her limited means.

With so many people out of work, and with her doctor counseling rest for a stress-related illness, she did not pursue another paycheck, negotiating to have her university pension begin earlier. She has been leaning on credit cards.

Across the country, millions of homeowners in similar straits have been sliding into delinquency. Some owe more than their houses are worth.

Ms. Ulery is among that unhappy cohort — her house is worth about $122,000, and she owes $143,000 — but walking away is not for her.

“In my family, we don’t do that,” she said. “You pay your bills. And I wanted my home.”

In March, she heard about the Obama administration program. The Countrywide Web site directed her to a government site, makinghomeaffordable.gov, she said. There, she took a test to determine her eligibility for a loan modification.

Was her home her primary residence? Check. Was she having trouble paying her mortgage? Check again, and so on until the screen told her that she might qualify.

In April, she called the bank. The representative said the bank was not doing modifications for people like her, she recalled. He shifted the conversation: if she handed over $18,000, he could lower her payment to $967 from $1,046. Her interest rate would actually increase slightly, with the drop largely because she was putting down more money.

“I just laughed,” Ms. Ulery said. “It was a really good deal for them.”

To which she poses her own question: What sort of deal is it for the American taxpayer? As she sees it, the same banks that generated the mortgage crisis are now getting public money to fix it, while doing little more than seeking new fees.

“I don’t think the government gets it,” she said. “These are the same people you couldn’t trust before.”

 



Feldman Law Center – Loan Modification – The Truth, The Whole Truth, And Nothing But The Truth!




 

Loan modification and stop foreclosure services should be provided by a reputable attorney and NOT a loan modification company that boasts “in house attorneys” or “attorney based”. Most so called Loan modification experts are misleading, giving home owners false promises and misrepresenting their services. We have seen many of these loan modification companies send home owners loan modification examples similar to the way they sold mortgages. Making statements and emailing examples with guaranteed or proposed principal reductions and charging up front fees as well as trying to collect monies at the close if they obtain a loan modification agreement. Honestly, these types of loan modification companies should be reported to the DRE and the Attorney General’s Office.

 

We have reviewed several loan modification agreements from loss mitigation companies offering to help stop foreclosure and found they all highly recommend you have “your attorney” review ALL documents including their contract before signing. Why would a borrower hire an attorney just to review a loan modification company’s agreement before signing? In addition, why would they then again hire an attorney to review the final loan modification agreement? The simple truth is, this is advised so you fully understand what you are signing. You must read the fine print and know how to interpret the agreement.

 

Why not just hire an attorney in the first place to negotiate with your lender and review ALL the documents as well as counsel you with a plan of action. Attorneys providing loan modification services and real estate negotiations are not as easy to find. The Feldman Law Center offers a flat fee for loan modification services that is much less than most loan modification companies. We have reviewed several loan modification service agreements from companies that charge up front fees and found them poor at best. DO NOT PAY UP FRONT FEES TO A LOAN MODIFICATION OR LOSS MITIGATION COMPANY THAT OFFERS STOP FORECLOSURE OR LOAN MODIFICATION SERVICES. THESE COMPANIES SEND THEIR FILES TO OUTSIDE LOAN PROCESSING COMPANIES PRAYING FOR A RESULT. OUR LOAN MODIFICATIONS TAKE 3 TO 6 WEEKS, NOT 3 TO 6 MONTHS!

 

Loan modification services should be provided from a Law Office that has experience negotiating with mortgage loan servicing companies for a multitude of reasons. The Feldman Law Center in California has long standing relationships and a sophisticated approach with all the major lenders and mortgage servicing companies and proven results. To see for yourself or for more information about loan modifications call us today or visit www.feldmanlawcenter.com .



The Benefits of a Good Faith Estimate and Pre-approval When Buying Real Estate




Most real estate purchases are bought with loans so getting a good faith estimate and pre-approval letter from your lender helps the process start off on the right foot. The good faith estimate, or GFE for short, is required by law to be provided by lenders when you are seeking a loan. It lists out the estimated closing costs, monthly payments, and interest rates for the loan program you are looking at getting. The pre-approval letter is provided by lenders once they have run your credit and get your income / debt information. By getting the GFE and pre-approval letter, you can be confident that the loan will get processed with no surprises. There are also additional benefits to getting pre-approval and GFE before you even begin the property search. For one, by discussing your debt to income ratio with your lender and obtaining the GFE, you can determine your maximum price. It helps to know the maximum sales price when shopping around so that you do not waste time and energy looking a over-priced properties, and also vice verse, you do not waste time and energy looking at under-priced properties. You can find an area in your price range that fits your needs and narrow down your search. You also will determine your monthly payments with the GFE. The monthly payments should include the property taxes, insurance, principle, and interest plus any private mortgage insurance (PMI). If the monthly payments are higher than you wanted, then you can adjust your sales price to be lower. Another reason to get your pre-approval and GFE before starting your home search is that you may find out some issues with your credit or financial situation that you could clean up before moving forward with a purchase. For example, the first time I bought a house, I found out that I had a $50 charge on my credit report from 3 years ago, which brought my credit score down. And with a lower credit score, I would have gotten a worse interest rate on the loan. I say ‘would have’ because I was able to pay off this collection and clear up the ding on my credit before going into the loan underwriting process. Finally, by getting a pre-approval letter, you have proof for a seller that a lender has confidence in being able to fund the purchase on your behalf. This helps with presenting offers and negotiating. Many sellers will not even accept an offer unless it is accompanied by a lender’s letter. Furthermore, if you do not have a letter, the seller may counter higher given that he feels he is taking on more risk that you may not be qualified for the loan amount. Also, if you happen to get into a multiple offer situation, your offer will be much stronger with a pre-approval letter.