What is a Home Loan Modification & How Do I Successfully Negotiate One?

What is a Home Loan Modification?such as a HUD Counselor or a reputable Attorney.
A mortgage loan modification is a process wherebyDo I have to be late on my mortgage to qualify for a
the terms of the existing mortgage are modified tomortgage loan modification?
new terms that are more agreeable to theYou do not necessarily have to be late on your
homeowner and lender.mortgage to qualify for mortgage help, a lower interest
What’s the basic idea behind mortgage loanrate, and a lower payment.  Many lenders do require
modifications?  How does this work?that you are late on your payment prior to considering
Lenders have been faced with staggering losses duea loan modification, however, under some programs
to so many foreclosures.  Typically when a bankand with certain lenders, you do not have to be late on
forecloses on a home, the house has little to no equity,your mortgage, you merely need to demonstrate that
or is “upside down”.  When you add the totalyou are experiencing enough financial hardship that
cost of foreclosure, including lawyer’s fees, thewarrants a loan workout.
cose of keeping up the property, Realtor commission,What if I have lost my job and am currently
and the overall loss due to the house being upsideunemployed?
down, it typically translates to a huge cost to theIn some cases you may still qualify for assistance.  It
lender.  Rather than foreclosing on a home, in mostis important to speak with your lender, a HUD
cases it makes more sense for a lender to help thecounselor, or legal representation regarding your
homeowner lower their monthly mortgage payment onqualification and the possibility of getting a mortgage
their home loan and keep their house.  By helpingloan modification prior to beginning the loan modification
borrowers save their homes, lenders are able to stillprocess.  In some cases, the time may be better
earn interest on the existing loans, and do not have tospent looking for employment, and then contacting
face the huge cost of foreclosure up front.your lender’s loss mitigation department.
What are the benefits of a loan modification?What if I have completely let my finances go, and the
There are many possible benefits to modification ofSheriff is literally knocking on my door?
your loan, which include a reduction of your interestSpeak with an attorney immediately.  You may be
rate, changing your loan from an adjustable mortgageable to postpone the foreclosure with an attorney’s
to a fixed rate mortgage, reducing the principal balance,help long enough to get a mortgage modification
or the amount that you owe, reducing or forgiving thedone.  One stall tactic that is often employed is
amount that you owe in late fees and penalties,merely to send a qualified written request to your
changing the duration of the loan – e.g. to a 30 yr. orlender demanding a copy of the original note; without a
40 yr. mortgage, and capping the monthly payment tocopy of the note, your lender cannot foreclose.  Filing
a percentage of the household income.for bankruptcy can also delay the foreclosure process,
Who ultimately decides whether or not to grant ahowever lenders are catching on and almost
modification of your loan?immediately combating this with requests for release. 
Your lender ultimately makes the decision whether orThe best thing to do is to speak with an attorney.
not to modify your mortgage.How long does it take to get a mortgage modification?
What about Government Programs, such asTypically, home loan modifications take anywhere from
FDIC’s Mod-in-a-Box, HAMP (Home Affordable30-90 days to complete.  Make sure that during that
Modification Program) under the Loan Modificationtime, you make an effort to still make your monthly
option of Obama Administration’s Making Homemortgage payments, and that you are prepared to
Affordable Program, and the new FHA – HAMP? document each and every statement that is made to
Will these force my lender to grant a loanyour lender.
modification?How tough is it to get a mortgage loan modification?
It is important to remember that lender or bankIn most cases it is very difficult to wrestle a
participation in these programs is voluntary.  Yes, themodification of your loan  from your lender.  Often,
Government typically provides incentives under thesehomeowners will have to wait hours on hold, and be
initiatives to lenders to modify mortgages; however, ittransferred from department to department.  Even
may not necessarily guarantee that a mortgage loanCongresswoman Maxine Waters could not get
modification will be completed.  Additionally, even ifanywhere in helping homeowners after over two
your lender or servicer participates in Governmenthours on the phone with Bank of America and
Loan Modification Programs, your loan may actually beCountrywide.  It is a painful ordeal that takes time, and
held by a servicer that does not participate in theseeven after a good deal of time is spent on getting the
programs.  The very best thing to do is to speak withloan modification, if you do not fit your lender’s
a loss mitigation expert that can help you make sureguidelines exactly, you will not be granted a mortgage
that you qualify under these Government Programs,modification.