Loan Mod
basics
“My option arm reset and, well, I was in big trouble. After
using the LoanModication manual I was able to get my loan down
to 2% for 5 years. The manual walked me through every
step of the transaction.
This
section is designed to take you through some of the more basic
questions surrounding loan
workouts/modifications.
LOAN MODIFICATION DEFINITION
A loan modification, in its simplest terms is a amendment to an
existing mortgage usually applied toward notes where the
borrower is either in default (or close
to).
The manual is designed to take you through the entire loan
modification process from start to finish.
CAN I DO IT (MODIFY MY OWN LOAN)?
Yes. We’ve helped hundreds of folks negotiate their way out of
this difficult situation. With a little bit of luck and I high
degree of patience, you too can execute on a loan
modification.
Hiring a loss mitigation specialist—usually a former real
estate or mortgage broker—will cost a minimum of $1500 upfront.
Depending on the complexity of your case, a specialist could
cost twice as much with absolutely no guarantee of a positive
outcome.
Truth be told, unfortunately this industry attracts a large
amount of fraudsters and scammer. After reading this manual you
should be prepared to handle this process from start to finish.
If for some reason you decide to go with a loss mitigation firm
follow the great Ronald Reagan and, “Trust but verify,” with
actual customer feedback.
WHY ARE WE IN THIS SITUATION?
We’ve just experienced one the most profound credit and real
estate bubbles of the past century. Since 1999 mortgage lenders
and Wall Street investors took large financial risks lending
money to overzealous borrowers in hotbed areas like Las Vegas,
South Florida and Southern California.
The explosion in the availability of mortgage credit for
low/moderate income families—those with credit scores below
650—led to the demise of one of the greatest bull markets in
the history of real estate. In 2006 subprime lenders nationwide
made loans totaling $640 billion.
The volume represents a twenty-fold increase since 1994 and a
doubling since 2003. One in every five home loans originated in
2005 was a subprime loan, growing to nearly one in four through
the first three quarters of 2006. The sector has $1.2 trillion
of mortgages currently outstanding.
Other factors that led to the demise of the current housing
market are as follows:
• Risky products (option ARMS, negative amortization loans,
etc.)
• Loose qualifying standards and business practices
• Broker abuses and perverse incentives
• Investor speculation and ratings agencies risk pricing
issues
One things clear: the euphoric business cycle created an
environment where lenders took irrational risks in spite of
mounting evidence that it would be nearly impossible for most
home owners to continue making payments in the event their home
values going down.
WHAT IS THE STATUS OF THE CURRENT HOUSING
MARKET?
It’s hard to think of a price boom as big as what took place in
the residential real estate market between 1999 and 2006, so it
appears like we’re still quite far from a having reached the
bottom of the market.
The good thing is that America isn’t one housing market, it
actually many small markets. Many parts of the country did not
experience huge price booms, and in other places prices will me
more constant over the next five years.
The areas that will have the biggest price declines are
probably those where the increases were the biggest and the
fewer constraints on supply, like the desert region of the
Southwest – places where, for some reason, prices soared above
construction costs.
Given that it’s impossible to analyze your independent
situation, you should be aware of the house values (comps) in
your neighborhood. By asking people in your neighborhood if any
homes have sold and for how much you will have a better case to
benchmark your existing loan against. This data will be
tremendously helpful in your loan modification
process.
WILL THE LENDER NEGOTIATE WITH ME?
Lenders often claim that the costs surrounding foreclosure
alone gives adequate incentive to avoid placing borrowers into
unsustainable loans, but this has proved false. Lenders have
taken as much risk as anyone in these turbulent
times.
Until recently, lenders have reduced the risks of making bad
loans by their ability to sell their mortgages to Wall Street
firms, who in turn pool, package and sell securities to capital
market investors worldwide. Lenders typically hold mortgages
for only a brief period, when teaser rates are still in effect.
After that, they are sold to the secondary market, leaving some
lenders off the hook when foreclosures occur.
Still, today’s biggest firms such as Countrywide (now owned by
Bank of America) and GMAC face dire situations. With huge
amounts of people going late on their mortgage, lenders are now
forced to find ways to keep people like you in their
homes.
So, yes, lenders will negotiate with prepared and diligent
homeowners because they have few options.
Believe it or not, most folks who go late on their mortgage
never call, write and ostensibly drop off the face of the
Earth. This notion alone play to the advantage of proactive
folks willing to do the dirty work and contact the lender
directly.
In fact, Countrywide, the nation’s largest lender said that it
had performed more than 20,000 direct loan modifications in
2007. You can expect that number to spike dramatically in 2009
as many mortgages adjust.
LENDER OPTIONS
Mortgage lenders want to find simple ways to restructure
loans—not because they are good people—but because it is in
their own financial interest to do so. In most situations,
lenders are often left with 3 options:
• Modify loan terms
• Short sale
• Default and subsequent foreclosure
Mortgage lenders do not profit from foreclosure situations. In
fact,
If you are two or more months behind in your mortgage payments
you may be encouraging the foreclosure process if the lender is
not been given the opportunity to negotiate with
you.
DOCUMENT PREPARATION
In order to effectively negotiate with your lender you must
have the following documents in order:
• Financial worksheet (outline of your assets and monthly
payments)
• Hardship letter (template enclosed in this manual pg. )
• 3 months bank statements
• Most recent 2 year tax returns
• Most recent pay stub
• Borrowers authorization (if you are receiving help from a
third party negotiator)
• Any 2nd lien information (if applicable)
• Property tax or HOA information (if
applicable)
Aggregate these documents and make sure you are able to find
them quickly if necessary.
MENTAL PREPARATION
As you very well know, this is a highly stressful time. Too
many good folks lose their composure and patience during this
difficult period. Before ever picking up the phone you must sit
down and realize this process takes time – sometimes even
months.
Remember to approach this situation in a position of strength.
Calling your lender gives you power; don’t forget this. The
more people you talk to, the more you can document the calls,
the better chance you have of finding someone that will listen
to your case.
Here’s a few simple tips we advise you to
follow:
• Find a quiet place within your residence to make the
calls
• Do not use your cell phone (the average call will take more
than 30 minutes)
• Attempt calls in off peak hours (avoid Mondays if
possible)
It’s also quite relevant to understand the lender needs. Most
lenders would rather work with a borrower to find a solution
and avoid foreclosure. Foreclosures are expensive and usually
result in a catastrophic financial loss to the holder(s) of the
note.
Generally, the lender wants to see:
• The loan delinquency was due to circumstances beyond the
borrower’s control (injury, illness, job loss or unexpected
living expense increase), and
• You have a reasonable plan to regain financial security
permanently and can be trusted to remain current on the
mortgage going forward.
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