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Homepage | 05.14.08 - 10:43 pm | #


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Gravatar 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


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Things To Know And FAQ's About Loan Modification
These are common questions that are asked about Loan Modifications or Mortgage Modification
1. What Is A Loan Modification?
A Loan Modification is a negotiation between a lender and a borrower that results in the terms of the existing loan being restructured without refinancing. The rate and terms of your loan are restructured to fit your current financial situation.
2. How do you do It?
In these market conditions, the banks and lenders have been mandated by the Federal government to do everything they can to work out a payment plan with their borrowers. This is great for today's borrowers, especially for those who are running late on their payments or are having trouble making them on time. The banks and lenders would rather take less money and keep you in your home making a payment that you can afford, rather than go through the expense foreclosing on the home, hiring a listing agent, rehabilitating a home, and letting it sit empty on the market for months, only to lose thousands in the process. We currently work with almost every major lender and several small lenders and banks to secure a Loan Modification to help them help you. In many cases we actually have taught smaller banks and lenders how to go about completing a Loan Modification. Within 24 hours after receiving your package, our legal team will contact your lender to notify them that they will be negotiating a Loan Modification on your behalf. From then on, they will be working with you and your lender in order to find a solution to your mortgage problems.
3. Are lenders and banks really willing to negotiate?
Definitely! Lenders do not want to foreclose on your home, unless they have no other alternative. If you can present them with a realistic professional proposal that makes sense, they are very open and receptive to the Loan Modification process.
4. Who qualifies for a Loan Modification?
Anyone who can prove they are having a tough time. Especially those who are currently a few months behind, those with negative amortizing loans, those with loans that are about to adjust, those who are upside down on their loan and those who would rather keep their home than do a short sale.
Basically, the bigger the hardship you are having, the more negotiating power you have with your lender. Remember, they don't want to foreclose on you. They would rather keep you in your home and create a solution that will be affordable to you rather than go through the cost and expense of foreclosing on your property.
5. Why didn't my mortgage lender tell me about this?
Your mortgage lender is in the business of originating and/or servicing loans. Modification of existing loans and foreclosures are simply a result of being in the business they are in and, as such, they aren't a priority for the mortgage lender.
This program is not that costly and quite frankly, they are so busy dealing with o
Homepage | 12.14.08 - 9:21 pm | #


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CaliforniaLoanRate.com
We will work with you to develop a plan that best serve your particular needs. We will then negotiate with your lender to incorporate any changes that are needed to make the plan acceptable both to you and to your lender. Keeping you in your home is advantageous to the lender. Our job is to help them appreciate that advantage.
SHORT SALES MAY SELL YOU SHORT

You may have been told that a short sale is your only course of action. What you may not have been told is that you may be dealing with the consequences of that action for many years.

DEADLINE SENSITIVITY

We understand that you may be facing immediate deadlines and that any delay can mean a loss of meaningful options for relief.

BEYOND BANKRUPTCY

Though we are happy to assist you with bankruptcy, should that be necessary, we believe it is an option that is avoidable more often than people realize.

TYPICAL RESTUCTURING PLANS

Restructuring plans may include:

Adding delinquent payments and any foreclosure fees to the back end of the loan. This may include a permanent reduction in your interest rate.

Forbearance plans may be used to temporarily halt the foreclosure process for up to four years while you make payments to become current with the lender.

GOALS OF NEGOTIATION WITH YOUR LENDER

In our negotiations with your lender we are seeking to lower your payments, lower the interest rate, mitigate any negative impact on your credit rating, and keep your home from going into foreclosure. The lender benefits by continuing to receive payments on the mortgage, and saving on the costs that would be incurred in a foreclosure.

WHAT WE NEED FROM YOU

We will need to document your income and expenses for the last two years. Documentation will include pay stubbs, tax returns, bank statements and property tax bills, and all of the paperwork associated with your mortgage. We will need copies of your bills to document your financial situation and the factors that led to your falling behind. Please provide any other letters or notices that demonstrate that you faced a reduction in your income or higher than expected expenses.

TELLING YOUR STORY

We will ask you to prepare a draft letter that explains in your own words what factors have led to your need for a modification from the lender. It is important that you author this letter, and that it is not generic. Please include the details that bring to life the financial difficulties that you have faced. If you feel that you were not properly and fully informed regarding the terms of your loan, please describe the process by which you came to sign the loan papers and what your understanding of the terms of your loan was at that time.
CaliforniaLoanRate.com..


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