Failed loan mod? Try again

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Q: I worked with an attorney and applied for a loan modification. After about six months of making no payments, the bank gave me a three-month trial modification with a lower payment under the Making Home Affordable program.

I made all three payments on time, and have continued to make the reduced payment for the four months since the trial modification ended. I have called the bank dozens of times over the last four months, and they kept saying that the modification was still being reviewed.

I just got a letter in the mail saying that the modification was declined because my "income documentation was insufficient"! What do I do now?

A: You are experiencing what literally millions of other American homeowners are currently going through: the drawn-out suspense of waiting to get a loan modification, and the letdown when it doesn't happen as you were led to expect it would.

While the Making Home Affordable Plan was promising at the outset, unfortunately it has not yet manifested the projected results. Many borrowers are having their permanent modifications rejected after successfully completing their trial modifications.

Some think a conspiracy is afoot; the banks point to problems with borrower documentation. Either way, there are a number of steps you can take to resubmit your modification application and stack the decks in favor of its success.

Mindset Management

Outrage, overwhelm, the fear of losing your home, and the accompanying panic-based paralysis: all of these are normal and even appropriate emotional reactions to have in your situation.

So many modification applicants become frustrated at the process of being asked to submit and resubmit the same documents over and over again, which is a very common issue, or feel that the modification they seek is simply not in the cards for them.

I have personally witnessed the approval of modifications well over a year after documents have been submitted and resubmitted, and after wrangling with loss mitigation staffers and even flat-out denials. If you need your loan modified in order to keep your house (which you very well might, if you missed six monthly payments), gear up emotionally to resubmit your application and don't give up -- not yet.

Part of the problem here is that when the Making Home Affordable program was introduced, the expectation was created that loan modification would be transformed into a much kinder, simpler and easier-to-navigate process. That, unfortunately, has just not been the case.

Consider the last 10 months of your process as your education and initiation into what loan modification really entails. Then, decide not to be daunted and move forward. Expect glitches, snafus and repeated requests for the same documentation.

Keep a detailed communication log with notes of the individual you speak to every time you call (including their name and operator number, if they have one), the material discussed in each conversation, and what deliverables you owe them or they owe you, and by when. Staying organized, calm and all the way on top of all the details is the name of this game.

Need-to-Knows

The Home Affordable Modification Program was set up for easy access to get into the program. While banks ask for all your financial documentation up front, many review only the hardship letter and authorization to request tax returns from the Internal Revenue Service before putting borrowers in the trial modification program.

The modification application is not fully underwritten until a borrower successfully completes the trial modification and is in queue for the permanent modification. ...CONTINUED

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Submitted by Alvaro Ramirez on March 11, 2010 - 11:53pm.

People, understand, modifications have nothing to do with one being able to keep their home. They have to do with “Loss Mitigation” that is the servicer managing its losses. If the modification is the most effective tool to minimize the losses that that is the decision, it has nothing to do with one keeping the home. That is the crude reality.

You have to know what questions to ask and know how to counter the bank. If there is a negotiation involved is not in what type of mod you get from your server but in getting to that answer. So they told you, you were missing documentation. I would ask what was missing then review the documents you had sent in to confirm. If you had sent the document in make that argument. You will then probably be told that they had sent you a letter stating which document was missing. So ask for a copy of that letter to be faxed over to you so that you can make sure that indeed they had originated that letter.

It is about weakening the servicer’s argument logically not emotionally. As far as gearing up emotionally – My advice after helping over 2,000 families is – Leave your emotions at the door –

Your job is to make the case that the modification is the best solution to mitigate the bank’s risk.

 
Submitted by Wally Kalbacken on March 14, 2010 - 5:34am.

Here is an example from just down the street in Boca Raton.

Home constructed in 2006, completed in January 2007 and closed in February 2007 for $700,800 to original purchaser. Purchaser put $60K down and has a $570K 1st and a $70K 2nd. The $70K 2nd filed a lis pendens (LP) for foreclosure in February 2009, and the 1st mortgage lender filed an LP the next month. The house is subject to a Property Owners Association arrearage in excess of $10K (which accrues at roughly $500/month). The home is delinquent on property taxes to Palm Beach County and the county has sold one tax certificate for tax year 2008 (taxes then were ~ $9200 for that year, but have declined since) which is now at about $10,500 and accruing interest at 18%.

The house was listed on the local MLS for a short sale at $319K for more than 6 months, until about 1 month ago when it was pulled off the market. Evidently, since it did not sell at $319K - it's FMV is somewhere south of that number.

So, you have two secured interests, a $570K 1st and a $70K 2nd, as well as tax certificate and obligations to the POA. How does any governmental hand waving (HAMP or otherwise) reconcile that?

 
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