Posts tagged home loan modification

Know How To Find Solutions With Home Loan Modification

As the home market fluctuates there are many topics that homeowners must review in relation to their future. As everyone seems to be affected by the financial downturn it becomes difficult to find ways to stop foreclosure of families homes. Many individuals without the ability to support themselves are abandoning their houses and other families are having to rely on multiple incomes to survive, including the incomes of their older children.

The home market struggle is being faced by every individual and the threat of foreclosure is very real. A possible solution to stop foreclosure and protect your home is to seek home loan modification. The following identifies many of the advantages in working with companies in relation to home loan modification.

There are many issues to consider when looking towards home loan modification as a solution to your housing concerns. They could be seeking to stop foreclosure and protect their home. A job loss or reduced income may require an individual to find a way to reduce their families monthly expenses beginning with the mortgage. It may be related to the issue that their mortgage is now higher than the actual value of the property. Regardless of an individual’s reasoning the overall theme in these topics is that the bills are getting higher and the person is seeking a reduction in monthly expenses, specifically the mortgage payment.

A home loan modification can assist in all of these topics, including how to stop foreclosure. When receiving a home loan modification many topics are reviewed and researched including your personal income, the current value of your home and the surrounding area, and the remaining balance of your current mortgage. The result of the home loan modification often can reduce your monthly mortgage payment and save you money in the long run while representing your answer to stop foreclosure.

The reduction of a monthly mortgage payment could benefit any individual in the current housing market. There are other advantages associated with obtaining a home loan modification. Along with the reduction in the expense of mortgage payments, an individual receiving a home loan modification can also receive a reduction in their mortgage interest rate. This reduction may not have a direct impact on your individual mortgage payments but what it will cause is a reduction in the total expense of your mortgage. The reduction will benefit your family in the long run, putting you closer to the ability to own your home and be free from a banking institution.

Finding a way to reduce your monthly expenses represents a great financial opportunity in regards to the short term. Finding a way to reduce the total mortgage balance on your home is a great financial solution for individuals in regards to the short term. While improvements in you short term and long term financial situations are great, the immediate results related to home loan modification are often overlooked. The greatest advantage of achieving modification is with finding a way to protect your family’s home and stop foreclosure. The loss of a home can be devastating to a family and it is important to recognize that you are taking steps to protect your home and your family.

Janian and Associates is a complete service law firm with a diverse range of practice areas such as home loan modifications, stop foreclosure, foreclosure audits and much more. To get more details on your ability to stop foreclosure log in to www.janianandassociates.com and discover how you can guard your home.

The Most Important Data in a Loan Modification

by Steve Jameson

Although loan modifications have become very common, it’s important to keep in mind that no all loan modifications are approved by the lender. In deciding whether to offer a loan modification, the lender will generally look at the major element in the approval process: the debt-to-income ratio.

The debt-to-income ratio is the main factor in determining how good an application will be since it is the most appropriate way for the lending institution to calculate if the home owner will pay back the mortgage after the loan modification.

Prior to talking to a lender, it is a good idea for the individual to find out the debt-to-income ratio. This is so because of two fundamental reasons.

First, the debt-to-income ratio will give the owner a very good idea of whether the mortgage loan application will be offered. The majority of banks want to look at a debt-to-ratio that isn’t above 50%. Some banks will go all the way up to 55%. In a few instances, and provided the right circumstances, a few banks will go even higher.

Second, by finding out the debt-to-ratio before talking to the lender, the home owner may look at ways in which it can change the ratio if the ratio is way too high even after the approval of the loan modification.

For example, frequently owners could pay off some cards in order to lower the ratio. In other cases, the individual might offer a good excuse why he will be able to make the payments even with the elevated ratio.

The majority of banks request this ratio since they prefer to ensure they are not loosing their times with individuals who will stop paying the loan even after the home loan modification. The ratio is a very accurate indication of how realistically an owner will repay the mortgage.

As a summary, generally remember that you prefer to choose a debt-to-ratio after the loan modification that is below 50-55%. By doing the calculation before talking to a bank, you may be much better prepared to show the situation and the chances of getting the loan modification obtained increase dramatically.

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How Does A Forensic Loan Audit Differ From A Loan Modification?

by Arnold Stadneck

Over a period of five years or more, primarily during the real estate boom years of 2002-2007 over 2 million mortgage loans were funded. During that period, when real estate prices were going up at an unparalleled pace, there was so much competition among lenders to make high profit loans, that underwriting guidelines became practically non-existent. Lenders in their exuberance, greedily made loans to just about any borrower who could sign their name. Not wanting to be saddled with too much debt, the lender bundled and sold off the riskier mortgages before the ink dried.

Your loan may be unlawful, and you may be entitled to substantial damages whether or not you are currently in foreclosure. A forensic loan audit looks for violations of federal, state and predatory lending practices. Approximately 85% of forensic loan audits to date have uncovered violations in the TILA (Truth in Lending Act), Good Faith Estimate, RESPA (Real Estate Settlement Procedures Act), and in the Predatory Lending and Real Estate/Mortgage Fraud regulations.

A Forensic Loan Audit is made up of a thorough review of your most recent mortgage loan package. All documents are examined, particularly the Note, HUD (Closing Statement), GFE (Good Faith Estimate) and a wide assortment of other legal documents making up your loan package. The purpose of the audit is to identify any illegalities performed by the lender, their broker, or other parties to the loan. During the audit process, a professional should review your loan to make sure that it meets all legal steps in effect at the time the loan was funded.

Why is this audit so important? This simple and straightforward answer is, loans must be legal to remain enforceable by the lender. Loan violations are serious offenses of federal laws and lenders may face stiff fines and penalties for breaking the laws. For the most part, lenders and banks are firms run by reasonable business people. Begrudgingly, they understand the financial mess they were instrumental in creating, and want to avoid any possible large fines or being faced with expensive litigation.

How does a forensic audit help the homeowner? Mortgage violations are the basis by which your case can be argued with lenders. Generally, the more severe those violations are, the better your chances are of obtaining a favorable settlement. This settlement can include punitive damages, attorney fees, more affordable loan terms (such as a lower interest rate, lower monthly payments and/or a principal reduction), a delay or prevention of a foreclosure sale and more. When you consider the chances of any lender getting a favorable jury decision in any court in the country, one can understand why the lender might be inclined to negotiate a settlement.

What happens if there are violations in my loan? If a loan audit determines that you may have been a victim of deceptive lending practices or any other type of mortgage compliance issue, you may have the leverage necessary to negotiate with your lender. Many borrowers attempt to negotiate with the lender directly. In the early stages of loan modifications, many borrowers who did make deals without proper representation ended up back in the foreclosure process a few months later. Unless you have the time, knowledge and negotiating skills, you should hire an attorney to negotiate on your behalf. Otherwise your lender will either assume you are not serious in your intentions or grant you low priority consideration. Either way you are probably not going to achieve favorable results.

Violations of the Truth In Lending Act carry severe penalties. Most of the recent prosecutions have centered around this document which in recent years was not properly disclosed and/or presented in the loan package. A creditor who violates the disclosure requirements may be sued for twice the amount of the total finance charge on the loan. In the case of a home mortgage, this can be a very significant amount. Costs and attorneys fees may also be awarded to the borrower. This is just one of the many documents the forensic audit team will scrutinize.

Summary. A forensic loan audit may uncover certain irregularities which in turn will give your legal team the upper hand when it comes to dealing with your lender. Banks would rather negotiate than litigate. At the end of this process many homeowners who have been the victims of predatory lenders are able to rectify a great deal of their problems, including the realization of lower interest rates, reduced principal balances, foregoing past due balances and most importantly keeping their home and their sanity.

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