|
Loan Modification
CaliforniaLoanRate.com
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, 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.
Califo
californialoanrate.com |
Homepage |
12.11.08 - 11:06 pm | #
|