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LOAN MODIFICATION: Plan aims to help homeowners threatened with foreclosure

Loan modification plan aims to help homeowners skirt foreclosure







Millions of Americans burdened with negative home equity are losing faith in the talk they hear coming from Washington, D.C., about loan modification. They just don't see it happening.

Having lenders rework mortgage terms -- lowering interest rates, deferring payments and possibly reducing principal -- is an integral part of President Barack Obama's $75 billion Homeowner Affordability and Stability Plan to help people avoid foreclosure.


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  • Some 2.3 million homes went into foreclosure in 2008, an 80 percent increase from 2007. Another 2 million foreclosures are estimated for this year.

    Getting a loan modification can be like wrestling with sharks, observers say; it takes persistence, patience and gamesmanship.

    Kevin Child of Las Vegas said he called his lender, American Servicing Co., about modifying his loan and got the "runaround." The whole thing is a farce, he said.

    "Do this, do that, fill out the paperwork and then they never get back to you," said Child, whose home has lost more than $200,000 in value. "You've got to keep calling and doing certain things. It's like pulling teeth with these guys."

    That's how painful it is for banks, too, said Spencer Judd, a lawyer who handles loan modifications with the Albright, Stoddard, Warnick & Albright law firm. Banks are reluctant to touch the loan if it's current and people are paying.

    "The first thing is you have to be delinquent, which is counterintuitive in and of itself," Judd said. "You let your credit go and let your account go into delinquency."

    For consumers to get a loan modification, they must first write a "hardship" letter to their bank, explaining their circumstances and why the bank should work with them, Judd said. The second part is pounding the bank's loss mitigation department.

    "The only way to get it done is through pushing and pushing and pushing with the lender," he said. "They don't do it unless you force their hand, if they know this is going to turn into bad debt unless you do a loan modification."

    Daniel Penrod, industry analyst for Nevada Credit Union League, said member institutions are doing as much as they can to help people modify loans. Last year, Nevada credit unions modified $14 million in loans, or about 35 percent of the $41 million in delinquency.

    Penrod said he knows from his experience as branch manager that credit unions have been modifying loans for decades, either changing the rate or principal. Others were modifying loan lengths.

    "They look at the numbers and say, 'We'll give you a two-month deferment and put those two payments on the end of the loan,'" he said. "It keeps the loan current so their credit rating is not negative and the member is able to get caught up with other things, to catch their financial breath."

    Not everyone will qualify for a loan modification. Borrowers must be "upside down" on the mortgage, or owe more than the home is worth, but still have a job to show they can make payments.

    The lender reviews household income and expenses to determine whether income is sufficient to meet the modified mortgage payment but insufficient to pay the arrearage.

    Modifying a loan may not solve a homeowner's problems. Data compiled by Loan Processing Services show that around 25 percent of people with renegotiated loans fell into default again after making just one payment on the new loan. As many as 50 percent managed to make more than one payment, but then fell behind again.

    Rick Simon, spokesman for Countrywide Home Loans, said the banking industry has been "fairly supportive" of Obama's loan modification plan. However, lenders cannot be expected to modify loans for borrowers who won't be able to sustain home ownership, he said.

    "There are people who are underemployed today," Simon said. "For some of those people, keeping their monthly payment down may be enough to keep them in the home."

    Countrywide has modified thousands of loans since starting a program in November, Simon said, but very few loan modifications have involved lowering the principal balance.

    "We found that we can modify the bottom-line figure (monthly payment) by adjusting interest rates and other terms of the loan without a principal reduction," Simon said.

    Most loan modifications that banks are doing these days are meaningless, Alpha Capital Corp. Chief Executive Officer Jack Ferm said. They may lower the interest rate, but they won't reduce principal.

    He has a client who owes $460,000 on a property that's worth $190,000. The bank offered to lower the interest rate to bring payments from $3,000 to $1,500 a month, but that wasn't enough.

    "Her position is she's not interested. Let them take the house because it's not worth what she owes," Ferm said.

    When banks modify loans, they put in a caveat that waives the borrower's rights to sue the bank for anything, he added.

    "Banks committed fraud in violation of (Nevada law)," said Ferm, whose company buys foreclosed homes before the owners are evicted and rents them back to them. "They made loans to people without even considering if they could make payments. Borrowers had debt-to-income ratios of 70 percent to 200 percent. That's where 97 percent of the population in Vegas falls."

    Many attorneys are jumping into the business, offering to get loans modified and stave off foreclosure. But people should first go directly to their financial institution and talk to the branch manager, Penrod of the credit union league said.

    That can be a problem if the original lender has sold off the loan.

    "How many phone calls will it take to get to a decision-maker? If they didn't originate it, there's no incentive for them to assist you," Penrod said. "Their goal is to get you into a new loan because that's what they get paid on."

    Foreclosure specialist Tim Kelly Kiernan of the Brodkin Group at Re/Max said he's an optimist who usually "sees the glass as half-full." However, he doesn't have a good feeling about loan modifications. Homes have lost too much equity, he said.

    "The other concern should be these 'loan-mod' companies that are popping up all over town," Kiernan said. "I got a call and the bottom line was $995 now and $2,495 when they complete my loan mod. I don't think so.

    "What the consumer doesn't realize is they can, in most cases, work with the lender directly to modify their loan as opposed to spending several thousand (dollars) letting an unknown company do it."

    Contact reporter Hubble Smith at hsmith@reviewjournal.com or 702-383-0491.

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    Alana Morgan wrote on April 16, 2009 12:10 PM: Hello John,
    Thanks for doing the piece on the Banks and Servicers doing nothing to help Millions of Homeowners. It is a joke, only the joke is on the millions of us believeing that these same banks will help anyone other then themselves! They don't want to Modify any loans. They want to get you to sign a loan modification for 3 months and at the end of 3 months they let you know they cannot help you or lower your principal. The truth is when you sign that paper, it also says you cannot sue the bank or servicers for anything including the SUB PRIME LOANS. Don't sign people. A Real Loan Modification is easy. The banks have been paid on the bad loan from the Sub Prime Lending they just don't want to pass that savings on to the Homeowner! They need to be forced into re-selling us our homes at todays "FAIR MARKET VALUE" at 3 or 4% interest. These same banks recieved money for 0 to 0.25%, why can't they loan us money at 3 or 4% and draw our loans out to 30 to 40 years loans? They can, they just don't want to unless someone makes them. They'll continue to abuse all homeowners until we give up and go away or the Government makes them! There is no other way! Do not sign away your rights just in case we need to file a CLASS ACTION LAWSUIT against these Banks and Their Servicers. I'm not giving up. I've lost to much at this point to give up on my only asset, MY HOME! Fight for the unfair actions of WALL STREET, AIG AND THE BIG BANKS running our country. I will never give up my home!
    Alana Morgan


    Report abuse

    Bill McClearn wrote on March 16, 2009 02:03 PM: www.Documentaudit.org:


    Report abuse

    Steve wrote on March 15, 2009 11:16 PM: Hello John

    Thanks for the site http://mortgagemodificationprogram.blogspot.com
    it has some very good info for me.

    Thanks
    Steve


    Report abuse

    John_Mayer wrote on March 13, 2009 09:22 PM: It is estimated that it could benefit 8 to 9 million homeowners from the new modification procedures. So how do you qualify for the Mortgage Modification? Check the website http://mortgagemodificationprogram.blogspot.com
    to see if you qualify. I was in trouble I am glad I did check it before I talk to my mortgage company and it worked - John Mayer, California


    Report abuse

    Happy Homeowner wrote on March 10, 2009 01:28 PM: Thank you - I got my modifaction - and now will be able to keep my home.


    Report abuse

    Estela wrote on March 09, 2009 03:35 PM: Just wanted to inform what is really going on,Since 2008 My roomate has been tring so hard to modify her home loan, she did the modification on her own with a little help from me, but due to going round and round with lender (countrywide) we finaly decided to go with a company that handles modification. December we got docs that the modification got aproved she received all forms she signd and reterned norterized and sent back they even took 1st payment in Jan, now in Feb she reveived another notice they denied her modification due to many reasons that made no sence Thiers lots to these story but letter will be to long. bottom line they are just teasing home owners to a modification with no intend to help there only solutions is short sale cant belive they are willing to sale home for less then to modify on bal, due and work with the home owner now.


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    Greg wrote on March 08, 2009 08:54 PM: I am very good friends with a Bank President who was pushing a billion through his S and L before the S and L crisis during the 80s.

    During the RTC action, he had a bank-owned property he was trying to sell for CASH to a buyer, but could not get anyone from the RTC to respond over two weeks. Finally, he called the regional Federal Reserve Board Bank, where again he ran into problems getting answers and performance.

    I know a building janitorial contractor who performed in good faith for several buildings he had contracts with for over two years during the time the RTC controlled them, as the RTC kept telling him everything would be ok and he would be paid, per the old contract, at some point in the future. When the properties eventually sold, the new owner stated it was not his responsibility to pay the contracts, and the RTC did not pay either. He contractor went all the way to Capitol Hill and visited Congressmen in person, and while he found emphathy, never got paid. He stated it would take him, by his math, close to 5-6 years of continued work under contract with the new owners just to break even on the two year loss.

    So, be careful, be very careful in these times.


    Report abuse

    Brenda wrote on March 08, 2009 07:31 PM: Ky,
    If you know of a Realtor who is committing Fraud then you should do a written complaint because regulators take this very serious. You can find the complaint form at the Real Estate Divisions website: www.red.state.nv.us


    Report abuse

    Brenda wrote on March 08, 2009 07:28 PM: Ky I'am a Realtor and also a Native of Las Vegas. There are bad people in every profession, but the majority of Realtors are hard working people and doing what we can to stop the foreclosures. I work over 70 hours a week and believe me we do whatever it takes to stop a foreclosure and help people even at no charge. It's the banks who are making it difficult for the homeowner and Realtors. It is very difficult to even get an answer half the time out of the bank when we do have a client with an offer. Your friend can have a licensed Realtor present an offer to the Listing Agent and also request a signature if the offer is declined. Actually, that is part of the rules and all Realtors should be doing it.


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    Oengus wrote on March 08, 2009 06:50 PM: It’s all very interesting, it seems as credit became more prevalent in society they shifted the DTI up to accommodate that, from 25% to 28% and now we have even more expenses. Cell phones, internet, cable TV, are these even considered? Then other factors that are hidden in the cost of living, like if you have an SUV that gets only 11MPG and then the fuel price doubles. The price of water, natural gas and electricity.

    All these are reoccurring obligations, some are contractual as well. Many amount to more than 3% of your credit card balance.

    We stopped buying cars, big surprise the price of $4.00 a gallon left us jaded? It left some with larger credit card bills for sure.

    That’s the problem with 0% or 5% or even only 10% down and then these DTI's that are not very accurate.
    This is what you can afford…oh my people actually believed them?


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