Loan Modification is About Being More Determined Than the Bank

If you’ve ever tried to modify a Loan through a Bank, then you already know one thing:  Banks can often make the process so difficult it doesn’t even seem worth the effort.  This is what separates the accepted applicant from the denied applicant.  In 2010, every creditor / lender / Bank has figured out one thing… some people won’t follow through with their loan modifications if you make the process difficult.  Borrowers will falter, hesitate, miss a deadline and POOF! their opportunity to modify their existing loans has passed.  Don’t be that borrower.  Here are a few tips from the trenches of the Battle for Loan Mods being fought daily:

1)        Never give up.  Be relentless.  The lender is not going to push your case through the system – that is your job.  So eat healthy meals, exercise, and lift weights because getting a loan modification is like participating in an athletic event.  It is tiring, requires personal strength, and certainly demands some serious stamina.

2)       Be well-informed.  Read all of your loan documents.  No matter how boring they may seem, being a smart debtor makes you a valuable debtor.  If you have two mortgages, keep your first mortgage and your second mortgage separate in your mind.  Also, check out the website for your lender.  Visit the Bank’s websites, learn about their departments and practices.

3)       Be well-prepared.  Always keep your loan information spread out, with the most important pages on top, when you’re ready to call the lender.  Have your notes from previous phone calls ready to answer questions.

4)       Take notes.  Keep track of every name, extension, and job title of every person you speak with during a phone call to your Bank.  Remember, employees at the Bank, like anywhere else, can move, be reassigned, forget, or misplace information.  That’s where you step in and lead them in the right direction.

5)       Keep a calendar.  As you learn about important deadlines, write them down on a calendar (or, if you are tech saavy, you can use Exchange or an open source alternative) and keep a reminder note about a week out.  When your reminder hits, call the bank and make sure you are in compliance for that step.  Ask if there is anything else you can do and be prepared to hustle any documents they need out the door that day.

6)       Get your documents in early every time!  Always send in your documents as soon as you can and then call and verify that they were received by the Bank.  Never assume that they received your documents just because you faxed them in.  Lenders rarely complain if you send too many copies, so back up your emails with letters and your faxes with certified mail!

7)       Finally, never give up!  You are a rock, strong and unbending in your determination to modify your loan.  You are an arrow, aimed at your goal of a loan modification and focused on helping your creditor find reasons to approve it!

The loan modification process is not a sprint, it is a marathon.  You must be prepared, informed, and studiously devoted to your own cause.  If you cannot find the time to devote to this process, hire someone who can.  If there are issues or questions you can’t answer, ask an expert.  Whatever happens, don’t give up!  For more information on loan modifications, follow this link to a fantastic collection of past blog entries devoted to loan modifications.

Loan modifications for a second mortgage: what are my options?

Often times, people who have second mortgages believe they are essentially shut out from the loan modification option.  This may not be true.  The government has a program which may assist those who wish to modify their current loan, but who also have a second mortgage.  This article discusses the options in general detail. 

For even more information, look at the government's website here

Congress grills banks for their loan modification practices

According to this article from Reuters, banks are still hesitant to carry through with loan modifications.

http://www.reuters.com/article/idUSN2419665720100624

Walking away from a home, may cost you more than you think

According to this article, published on AOL's real estate section, if a homeowner simply "walks away" from a mortgage, Fannie Mae is raising the stakes.  Here is a short quote from the article: 

Here's the breakdown for eligibility depending on how you got out of your last mortgage:


Deed-in-Lieu of Foreclosure> -- reduced from four years to two years if you can put down 20 percent on your house, four years if you can only put down 10 percent.

Preforeclosure Sale -- remains at two years if you can put down 20 percent, four years if you can only put down 10%.

Short Sale -- will be the same as pre-foreclosure sale. Currently there are no set rules for short sale.

Strategic Default (Walk Away) -- seven years.

 

Federal tax credit may be lost to some, if they don't move quickly

http://blog.seattlepi.com/seattlewaterfronthomes/archives/212793.asp?from=blog_last3

Interesting article on how to purchase a foreclosure or short sale home

http://blog.seattlepi.com/intelligentinvestor/archives/212001.asp

The above link provides an exhaustive outline of what someone interested in purchasing a foreclosure/short sale home should consider. 

Housing market continues to struggle

This article in Business Week outlines the ongoing (and troubling) picture of the US housing market:

http://www.businessweek.com/news/2010-06-23/housing-market-threatens-u-s-recovery-as-sales-slide.html

 

Suit filed against Bank of America over alleged failure to disburse TARP funds

A Seattle law firm, Hagens Berman Sobol & Shapiro, has filed a lawsuit against Bank of America over its apparent failure to satisfactorily distribute TARP funds to stem foreclosures. 

According to a press release by Hagens Berman, Bank of America has made an "affirmative decision to slow the loan modification process for reasons that are solely in the bank's financial interests."

It will be interesting to monitor how this suit develops, as it strikes at the core issue of whether the government's injection of capital into the banking market actually resulted in a positive result. 

If at first you don't succeed, try, try again! The federal government takes another shot at curbing the foreclosure crisis

After the first attempt by the Obama Administration to stem the foreclosure tide fell flat (only a fraction of eligible home owners facing foreclosure secured permanent modifications), the federal government is proposing a broad new initiative.

The New York Times reports that the government will now try to reduce the principal for home loan modifications.  To do this, it intends to provide a program by which those who are "underwater" (home value less than what is owed) can refinance into a government-backed mortgage.

This is significant because most (if not all) loan modifications up to now consisted of banks largely shifting interest rates and extending payment terms.  Thus, the actual principal of the loan was never really effected, merely the interest.  As a result, the underlying problem which plagued a lot of homeowners was never truly addressed (that they simply had purchased homes which were beyond their budget). 

To fund this new program, the government intends to utilize $50 billion funds previously allotted to the Troubled Asset Relief Program, more commonly known as "TARP."  Though reaction from many non-profit groups is generally positive, it remains to be seen whether banks will cooperate with the new program. 

Understanding debt-to-income ratios and how they relate to loan modifications

In determining whether to grant a loan modification, there are generally three central factors that a lender takes into consideration: 1) the financial hardship of the borrower; 2) whether the borrower is currently delinquent on mortgage payments or is at risk of becoming delinquent in the immediate future; and 3) the borrower’s debt-to-income ratios. While the first two factors seem relatively straightforward, understanding your debt-to-income ratios is oftentimes confusing and may seem complex.

What is a debt-to-income ratio?

Simply put, a “debt-to-income ratio” (DTI) is the percentage of a homeowner’s gross monthly income that goes toward paying the homeowner’s debts. In the context of a home loan modification, two DTI ratios are considered: a “front-end” DTI ratio and a “back-end” DTI ratio.

Why are Your Debt-to-Income Ratios Important?

Because lenders want to avoid as much risk as possible, they will pay special attention to your DTI ratios. In essence, lenders use your DTI ratios as indicators of your ability to repay your debts. Therefore, if your DTI ratios are low, lenders may be more inclined to assist you because they believe that you have a higher probability of repaying your debts. On the other hand, if your DTI ratios are high, lenders may be less likely to assist you because they believe you have a lower probability of repaying your debts (and, therefore, you are a greater risk).

Because your DTI ratios play such a significant role in the home loan modification process, it is a good idea for you to do a rough calculation of your own front-end and back-end DTI ratios before seeking a loan modification. By doing your own calculation, you can estimate whether a lender is more likely or less likely to grant you a loan modification.

How Do You Calculate Your Front-end DTI Ratio?

To calculate your front-end DTI ratio, you divide your total “monthly house payment” by your gross monthly household income:

           Monthly House Payment ÷ Gross Monthly Household Income= Front-end DTI Ratio

Your “monthly house payment” is often referred to as “PITIA.” “PITIA” is defined as principal, interest, taxes, insurance (including homeowners insurance and hazard and flood insurance) and homeowners association fees (if applicable). Note that if you pay property taxes, insurance, and/or homeowners association fees separately from you mortgage principal and interest, these expenses need to be added to your total “monthly house payment.”

Examples

1)    Mr. Smith’s monthly house payment is $1,100. Mr. Smith is a carpenter and his gross monthly household income is $2,700. To figure out his front-end DTI ratio, Mr. Smith takes the amount of his monthly house payment ($1,300) and divides it by the amount of his gross monthly household income ($2,700). Mr. Smith’s front-end DTI ratio is 40.7%, because $1,300 ÷ $2,700= 40.7%.

2)    Mr. and Mrs. Baker’s monthly house payment is $1,900. Mr. Baker is an electrician and his gross monthly income is $2,800. Mrs. Baker is a seamstress and her gross monthly income is $1,200. Combined, Mr. and Mrs. Baker’s gross monthly household income is $4,000. To figure out their front-end DTI ratio, the Bakers take the amount of their monthly house payment ($1,900) and divide it by the amount of their gross monthly household income ($4,000). The Bakers’ front-end DTI ratio is 47.5%, because $1,900 ÷ $4,000= 47.5%.

How Do You Calculate Your Back-end DTI Ratio?

To calculate your back-end DTI ratio, you add up all of your monthly debt payments (do not include any expenses that are not listed on your credit report), which may include:

·      Your “house payment” or PITIA (this was used in calculating your front-end DTI)

·      Credit card payments

·      Automobile loan or lease payments

·      Alimony/child support

·      Educational/student loan payments

·      Any personal loans

·      Any other accounts reported in your credit reports

After adding all of these monthly debts up, you then take the total and divide it by your total gross monthly household income:

Monthly Debt Payments ÷ Gross Monthly Household Income= Back-end DTI Ratio

Examples

1)    Mr. Smith’s monthly debt payments come out to $1,700 ($1,100 for his monthly house payment, $300 for his car loan, and $300 for alimony). Mr. Smith is a carpenter and his gross monthly household income is $2,700. To figure out his back-end DTI ratio, Mr. Smith takes the amount of his monthly debt payments ($1,700) and divides it by the amount of his gross monthly household income ($2,700). Mr. Smith’s back-end DTI ratio is 62.9%, because $1,700 ÷ $2,700= 62.9%.

2)    Mr. and Mrs. Baker’s monthly debt payments come out to $2,300 ($1,900 for their monthly house payment, $200 for their car lease, and $200 in credit card payments). Mr. Baker is an electrician and his gross monthly income is $2,800. Mrs. Baker is a seamstress and her gross monthly income is $1,200. Combined, Mr. and Mrs. Baker’s gross monthly household income is $4,000. To figure out their back-end DTI ratio, the Bakers take the amount of their monthly debt payments ($2,300) and divide it by the amount of their gross monthly household income ($4,000). The Bakers’ back-end DTI ratio is 57.5%, because $2,300 ÷ $4,000= 57.5%.

3)    Ms. Garcia’s monthly debt payments come out to $1,600. Ms. Garcia is a civil engineer and her gross monthly income is $5,000. To figure out her back-end DTI ratio, Ms. Garcia takes the amount of her monthly debt payments ($1,600) and divides it by the amount of her gross monthly household income ($5,000). Ms. Garcia’s back-end DTI ratio is 32%, because $1,600 ÷ $5,000= 32%.

Why Do Your DTI Ratios Matter and What Should You Do?

Today, lenders have specific target ranges and limitations on allowable DTI ratios for loan modifications. Although your lender may have slightly differing DTI ratio targets and limitations, most lenders are willing to grant loan modification to homeowner’s whose DTI ratios are below 50%. Remember, lenders want to avoid risk and only want to extend loan modifications to homeowners who have a high probability of repaying their debts.

Therefore, it is a good idea for you to do your own initial front-end and back-end DTI calculations so that you can get a general sense of whether a lender is more likely or less likely to grant you a loan modification. When doing these calculations keep in mind that DTI ratios well below 50% are ideal. Doing these calculations can save you time in determining whether a loan modification is right for you or whether another option might be more advantageous to you in protecting your house.

As always, remember that the earlier you look into the requirements of loan modifications and begin the process, the better. Start by doing your own front-end and back-end DTI calculations and go from there. If you have questions, do not hesitate to ask for help. Also, remember that a qualified attorney who has experience in working with loan modifications can be extremely beneficial to you and can assist you in working directly with your lender and in protecting your interests.

Update on loan modifications

           Although foreclosure filings across the nation were up almost eighteen percent last quarter compared to the same time last year, foreclosure rates in Seattle, Tacoma, and Bellevue were down nearly twelve percent from the same period a year ago. While this news may be refreshing, foreclosures continue to have adverse effects on property values throughout our community and on homeowners who have been striving to make their monthly mortgage payments in this tough economy.

             Many may wonder how foreclosures affect those homeowners who continue to pay their mortgages each month. In essence, foreclosures reduce a community’s home prices and have further unfavorable consequences on the economy as a whole. For example, in some studies, foreclosure on a home has been found to reduce the prices of nearby homes by as much as 9 percent—creating the potential that even borrowers who make every payment on their home mortgage suffer from foreclosures in their community[1]. Along with foreclosures, our slow economy’s sharp rise in unemployment has affected the real estate market and continues to affect many homeowners who are struggling to keep up on their mortgage payments.

To combat the grave effects that foreclosures and the economy are having on the real estate market, loan modifications have become increasingly popular among homeowners who are struggling to make their mortgage payments and who do not want to lose their homes. One of the biggest reforms to the current loan modification system has been President Obama’s Homeowner Affordability and Stability Plan (“HASP”), which was passed last March and was enacted to help qualified homeowners restructure and refinance their mortgages to avoid foreclosure. The HASP targets those homeowners with a “high combined mortgage debt compared to income,” or those who are “underwater” on the homes (those with a mortgage balance that is higher than the current market value of their homes).

Because a properly negotiated loan modification may allow a borrower to remain in his home and avoid foreclosure, loan modifications are becoming more and more appealing to many homeowners who need a little help to get through this difficult time. However, there are two important things to remember when considering a loan modification:                                          

1) Loan modifications are more likely to succeed if done early; and                                                                

2) Loan modifications are more likely to succeed if done with the assistance of an experienced attorney who has worked directly with lenders on loan modifications.  

Borrowers who have only missed a small number of payments or who have not yet missed a payment (but are likely to in the immediate future) are in the best position to have their loan modifications succeed. This is because the financial hardship of the homeowner is likely to have only recently begun and can likely be turned around with prudent planning. Similarly, the earlier the terms of the loan modification are negotiated, the more likely the homeowner will receive a better rate and can immediately begin to reap the benefits of the modification.  

Additionally, although loan modification requirements will vary from lender to lender, the documents needed to negotiate a loan modification are generally the same. These required documents may include, but are not limited to, your most recent tax return, a statement of your complete income, your recent pay stubs, and a written affidavit describing the hardship you are experiencing in meeting your financial obligations. Because loan modification requires many of these documents, the earlier you start, the more time you will have to gather these documents. Again, seeking help early on is very important, and, always remember, even if you are unsure about whether you qualify for a loan modification, it is better to ask earlier than later.  

Just as a loan modification is more likely to succeed if done early, so too is a loan modification more likely to succeed if done with the assistance of an experienced attorney who has worked directly with lenders. Seeking a loan modification is never an easy process. Besides the necessary documentation required in negotiating a loan modification, modifying a loan can be time-intensive and confusing. Often, you must work with a lender that is dealing with thousands of other homeowners who are attempting to save their homes through the loan modification process. The unfortunate result is that many homeowners are forced to wait for a substantial period of time before being helped, or they are left without any help altogether. With the assistance of an experienced attorney, however, many of these problems can be avoided and you can be represented by someone who has gone through the necessary steps. Again, being represented by someone with experience can be very beneficial.



[1] Homeowner Affordability and Stability Plan Fact Sheet; http://www.treasury.gov/initiatives/eesa/homeowner-affordability-plan/FactSheet.pdf

 

Important things to keep in mind when facing foreclosure

In a recent case, the issue arose as to what options a party has when their home has already been foreclosed upon, and sold in a trustee's sale.  Washington's Deed of Trust Act provides direction for this issue in RCW 61.24.130.  

As interpreted in In re Marriage of Kaseburg,126 Wash.App. 546, 108 P.3d 1278 (2005), a party waives the right to post-foreclosure-sale remedies under the Deed of Trust Act where the party:

  1. received notice of the right to enjoin the sale; 
  2. had actual or constructive knowledge of a defense to foreclosure prior to the sale; AND
  3. failed to bring an action to obtain a court order enjoining the sale

This Act provides a the only manner in which ANY party may prevent or restrain a trustee's sale on any proper ground, once the foreclosure has begun with a "receipt of the notice of sale and foreclosure."  Id. at 236.

It would seem that the safeguards required before a trustee's sale can go through, influenced what that legislature allows in post-foreclosure-sale remedies.  In other words, even if there is a valid reason to undue a trustee's sale, you must take those steps prior to the sale.  IF, of course, you did not receive proper notice and were not aware of the sale, you are NOT barred from bringing an action to stop the sale.

To be safe, if one is facing a foreclosure and his/her home has a scheduled trustee's sale date, the best thing is to hire an attorney to initiate the legal process.  At a minimum, therefore, the home owner is not guilty of waiving his or her rights to post-foreclosure-sale remedies and can forestall the process before it is too late.  

 

Loan modification options for property investors (non owner-occupied properties)

The Obama legislation, which passed in March, aimed specifically to assist those in danger of losing their primary residence to foreclosure.  It was thought that individuals purchasing property for investment (namely those acquiring property then leasing it out) would not be eligible under the new law.

While that has not changed, our office has seen some interesting movement by banks and loan servicers regarding investment properties.  Under many circumstances, even the investor may gain some relief through loan modification.  

Banks/servicers largely follow the same pattern as the owner-occupied loan modifications.  First, they require a signed forbearance agreement, then they require an extensive disclosure of the investor's financial status in the form of a "Hardship Packet".  When they have those two things in hand, the servicer/bank will decide whether to modify the loan.  The following is what is most often required:

1.  Letter describing hardship

2.  Last two pay stubs

3.  Length of time at current employer

4.  One month's complete bank statement

5.  Most recent tax return

6.  Statement of your complete income (including family members residing with you)

7.  Proof of paid property taxes, homeowners insurance, and HOA fees

8.  (If self-employed): (a)  Profit/loss statements; (b)  three pay stubs; (c)  last two years tax returns; and (d)  business and personal bank statements.

 

Loan modifications -- Seven things you need to know

The US News and World Report online provides a dynamic breakdown of the basic components of the federally-backed loan modification program. 

According to the article, here are “Seven things you need to know” about a loan modification:

1. The plan focuses on payments made to lenders rather than the price of the loan.  Experts believe that even if the value of the home possesses little or no equity, if the modified loan payment is affordable, the homeowner will continue making payments.

2.  The plan would seek to reduce the mortgage payment to 31 percent of the borrower’s gross monthly income.  “To that end, the administration's plan requires participating loan servicers to reduce monthly payments to no more than 38 percent of the borrower's gross monthly income. The government would then chip in to bring payments down further, to no more than 31 percent of the borrower's monthly income. In lowering the payment, the servicer would first reduce the interest rate to as low as 2 percent. If that's not enough to hit the 31 percent threshold, they would then extend the terms of the loan to up to 40 years. If that's still not enough, the servicer would forebear loan principal at no interest.” 

3.  The plan would then encourage loan servicer participation by providing cash incentives:  “To encourage participation, servicers will be paid $1,000 for each modification and will get an additional $1,000 payout each year for as many as three years, as long as the borrower continues making payments. Borrowers, meanwhile, can get up to $1,000 knocked off the principal of their loan each year for as many as five years if they make their payments on time. Neither party can receive the cash incentives until the modified loan payments have been made for at least three months.”

4.  The plan would only apply to those under financial hardship.  Only owner-occupied residences with an outstanding balance of $729,750 or lower would be eligible.  (Sorry, no speculators.)

5.  The plan will require the loan modification to meet the net present value test.  What this means is that the lenders would compare the expected cash flow of the proposed modified loan with the expected cash flow of the loan unmodified.  If the modified loan would create more cash flow, then the loan will be modified and or restructured. 

6.  The plan will offer loan servicers with incentives to extinguish second liens like home equity lines of credit. 

7.  The plan may or may not work.  (Not the most satisfying conclusion, I know).  

Please refer to the full US News and World Report  article by Luke Mullins here

Already in Foreclosure? Try a forbearance agreement first

 If you can find the funds to pay your arrears, but just need more time, then a forbearance is the way to go.  Working with your lender’s loss mitigation or foreclosure department to request a six-month forbearance can lower your monthly payments temporarily, allowing you more time to find the funds to bring your loan current. 

Loan modifications are available for those facing foreclosures

The Homeowner Affordability and Stability Plan is a mortgage modification plan that is currently helping some homeowners lower their monthly mortgage payments.  Although eligibility is determined by your mortgage lender based on your financial situation and other guidelines, below are some of the plan’s features:   

The program is intended to help those who are current on their mortgage payments, but are unable to refinance because they owe more than their home’s current value.

  • The program allows homeowners to modify their current loan into a 15 or 30 year fixed rate loan.
  • The new first mortgage may not exceed 105% of the current market value of the home.
  • The second mortgage holder must agree to remain in second position.
  •  You must occupy the home as your primary residence.

 The biggest downside to this program is that you must have a Fannie Mae or Freddie Mac loan to qualify.    

In most cases you will need the following to apply:

  • An application packet from your lender.
  • Last two paycheck stubs.
  • Last two years' tax returns
  • Proof of financial hardship

 This program started on March 4, 2009.  There is no telling how long funds will last, so borrowers are encouraged to apply early.