Five Big Home Loan Modification Mistakes

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Friday, August 28, 2009
By Feldman Law Center

As the housing crisis continues to build momentum across the country, successful home loan modifications are the only course of action standing between homeowners' ability to stay in their homes and being forced to move due to a foreclosure. If events leading to a foreclosure are unfolding quickly, a modification becomes a one shot chance that must be done correctly and as efficiently as possible. The following are the five big mistakes homeowners commonly make which can slow the process to a crawl or result in non-approval. They are:

1) Being unrealistic - If you are falling behind on your mortgage payments without a foreseeable change such as a raise or a higher paying new job, the problem is not going to go away on its own. Start pulling your paperwork together, learn as much as you can about loan modifications, and begin interviewing to get the best representation possible for your situation.

2) Dishonesty - You can assume that just about all your past sins can be discovered during the loan modification process. The new 4506-T form will allow your lender to pull the tax returns you filed to see if they match the returns you turned in with your application. Different versions can be a big problem for the homeowner. Many homeowners don't realize that their lender still has the original application file when they were trying to look as good as possible in order to get that approval. Trying to hide a big account when applying for a loan modification will raise questions about your integrity and, at the very least, slow the modification process. It's much better to lay all your cards on the table and let your attorney decide how to best present it.

3) A poorly written hardship letter - The main requirement for a loan modification is verifiable financial hardship. A poorly written letter which doesn't explain your hardship or how you are handling it can get you kicked out of the process before it starts. Instead, writing a letter which details the events leading to the hardship with backing documents is a great start. Finishing the letter with your plan on solving your existing situation will give your lender the confidence that your circumstances are temporary and that you are still a good loan risk.

4) Incomplete documents - Nothing slows down a loan modification like waiting for documents. Furnish everything asked of you at the beginning of the process as quickly as possible, making copies of it before turning it in. Additionally, if you are asked for supplemental paperwork like pay stubs along the way, get them in as quickly as possible.

5) Going it alone - Getting a loan modification executed to avoid foreclosure with terms that address your specific needs is no small undertaking. Going it alone in one of the most important missions in your life may save you some money initially but over the long term is likely to be more expensive and could literally cost you the roof over your head. Instead, hire an experienced loan modification attorney or Realtor to give yourself the best chance at a successful modification with terms that are within your budget and sustainable for the long term.

And one critical mistake many homeowners make after a successful loan modification, also worse than the top 5 above:

Using the extra money resulting from lower mortgage payments on unnecessary stuff - A high number of loan modifications go back into default within months of the modification's completion because the borrowers go back to spending money over and above their budget. Instead, save the extra funds to start rebuilding your savings in the event of a job loss or other reduction in income.

Steven Feldman is a senior partner at Feldman Law Center in Los Angeles area. The firm practices in the area of Real Estate, Loan Modification and related litigation.

[Note from HandelontheLaw.com: This article is to be used as an educational guide only and should not be interpreted as a legal consultation. Readers of this article are advised to seek an attorney if a legal consultation is needed. Laws may vary by state and are subject to change, thus the accuracy of this information can not be guaranteed. Readers act on this information solely at their own risk. Neither HandelontheLaw.com, or any of its affiliates, shall have any liability stemming from this article.]

California Department of Real Estate issues fraud warning

Protect yourself is the name of the game these days. Don't get taken, and check here often for updates on where the market is headed and what to watch out for.

Questions? That's what I'm here for! Read below for more information, and Click Here to get quick answers to your questions.

---> California Department of Real Estate issues fraud warning:

The DRE recently issued a fraud warning alerting consumers about loan modification scams and informing consumers of what they can do to protect themselves. The alert is available in both English and Spanish. Last July, the DRE had fewer than 10 complaints involving loan modification companies; today the department has 750 pending investigations. In addition, since last October, the DRE has filed more than 200 Desist and Refrain Orders. A list of the companies and persons the DRE has filed an action against can be viewed at http://www.dre.ca.gov/cons_drs.asp.

It is worth noting that not all firms who collect advance fees for loan modification services do so illegally, the DRE said. In general, only licensed real estate brokers and attorneys operating within the scope of their license may collect advance fees. Real estate brokers must have their advance fee agreement reviewed by the DRE prior to its use to ensure it is compliant with real estate law.

C.A.R. also has learned of what appears to be a loan modification assistance program and lead generator, from a company using the legislative bill number 3648, that looks as if it’s a government entity, complete with a misleading seal closely resembling a governmental seal but that is not affiliated with the government. C.A.R. cautions all members to be on the alert for schemes seeking funds from REALTORS® or consumers with no value, or that may be misleading or unlawful.

Click Here for more information and steps you can take to protect yourself.

David Thomas, Realtor® - Quality Service Certified Top 300
"Best of the Best" agent since 2006
Century 21 Bundesen
(707) 769-7188 direct
(707) 762-1032 fax
E-mail: SellThatHouse@Century21.com
Website: www.SellThatHouse.net
Ca. Dept of Real Estate: #01290314

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