The Debt Management Expert

There has been lots of press on the topic of Loan Modification. You can negotiate with your bank to modify your loan yourself or by using a third party expert negotiator or law firm. The government has also now gotten involved and set up a special program to help consumers modify their loans but not everyone qualifies for the government’s bailout as part of the government loan modification program. To see if you quality you need to do some basis calculations. Read through our Loan Modification Calculator examples to see if you qualify for a government bailout or loan modification as part of Obama’s loan modification plan. If you do this is a great way to manage your debt and get back on your feet.

Here’s the basic criteria that our loan modification calculator looks at for seeing if you qualify for a government bailout:

To qualify for the government bailout loan modification program you first need to be in a financially distressed situation.

1. You need to have a financial hardship. Take a look at our article on tip to writing a hardship letter as well as sample hardship letters.
2. You have to have little or no money in the bank available to you.
3. Your loan is under the conforming limit in your area.
4. Your loan to value of your home is near or above your current loan amount.

However ….

5.   You need to have some income coming in. It is okay if you have lost some of your income but you need to be able to pay your new mortgage pavements.

If you meet these criteria then the bank look at doing two things:

– The bank will look at reducing your interest rate. To qualify for the government bailout program the bank can lower your interest rate down to 2%. If you already have a low interest rate this may not help.
– The bank will additionally look at stretching your amortization to 40 years.

6.   After adjusting your interest rate and or your term of your loan, the bank will then look to see if you qualify for the government sponsored bailout loan modification. To qualify for the bailout loan your new payment that is calculated must be not more than 31% of your gross income after your principle, interest, taxes, insurance and association dues are considered.

Here are a few examples from our loan modification calculator:

Loan Modification Calculator – Calculation 1
Your income is: 5,000 per month
Your current interest rate is: 8%
Your current loan term is: 30 years
Your current loan amount is: $800,000
Your Tax, Insurance & Ass Fees: $9,000/yr
You have a Hardship: Yes
***** In Bailout Calculation 1: You DO NOT qualify because your loan is over the limit of a conforming loan.

Loan Modification Calculator – Calculation 2
Your income is: 3,000 per month
Your current interest rate is: 8%
Your current loan term is: 30 years
Your current loan amount is: $400,000
Your Tax, Insurance & Ass Fees: $5,000/yr
You have a Hardship: Yes
***** In Bailout Calculation 2: You DO NOT qualify because even if the bank drops your interest rate to 2% and stretches your loan to 40 yrs, your payments on your loan are $1,211. If you add to that your tax, insurance and association fees you are now at $1,628 per month. Unfortunately that is 54% of your monthly income so you do not qualify for the government bail out program.

Loan Modification Calculator – Calculation 3
Your income is: 6,000 per month
Your current interest rate is: 6%
Your current loan term is: 25 years
Your current loan amount is: $400,000
Your Tax, Insurance & Ass Fees: $5,000/yr
You have a Hardship: Yes
***** In Bailout Calculation 3: You DO Qualify because if the bank drops your interest rate to 2% and stretches your loan to 40 yrs, your payments on your loan are $1,211. If you add to that your tax, insurance and association fees you are now at $1,628 per month. This is 27% of your monthly income so YOU DO qualify for the government bail out program. Likely the bank will not drop your rate to 2% in this case since they do not need to have you qualify.

If you qualify some of the other benefits to the government’s bailout program are:

1. Once the program is in place your loan will not change rate for 5yrs and even then it can only adjust 1% per year for a maximum of 5% points above your start rate.
2. If you are on time with your payments for 5 years, you get a one time reduction in your principle of $5,000 at that time.

Other Relevant Articles:

• How to use loan modification calculators

Description: This article describes the pros and cons of short sales and loan modifications. It offers some useful tips for deciding which would be the best option for you.

When you agree to enter into a mortgage on a home, you are agreeing to abide by specific terms set out in a loan agreement. You agree to a payment schedule and a payment amount, based on the amount of the mortgage loan and the interest rate offered by the mortgage company. But what are your options when you find that you can no longer abide by the terms of the agreement? For whatever reason, if you find yourself unable to meet your mortgage payments, there are several options available.

Loan Modification
The first thing you should look into would be a loan modification. A loan modification is simply the process by which the terms of the original mortgage agreement are changed. In a mortgage agreement, the mortgage lender holds a lien on the property until the mortgage is paid off. Loan modifications that benefit the borrower are typically changes in the interest rate, or to change from a variable to a fixed interest rate. Changes could be made in the accrual of late fees and penalties or could even be in the length of the loan. A fifteen-year mortgage could be lengthened to a thirty-year mortgage. The borrower can be in default, in bankruptcy or in foreclosure when these loan modifications take place. The modifications take place at the discretion of the mortgage lender. Often, it is their financial best interest to modify the terms of the loan because it would ensure that the buyer would continue to pay the mortgage, which would be more valuable to the lender than foreclosure.

Certain criteria must be met in order for a loan modification to be considered. Those criteria can change, so it’s good to check with your lender or with your attorney to find out if you qualify for a loan modification. Loan modification is a good option for people who are basically financially stable, but who need the mortgage to be restructured in order to keep current.

Short Sale
A short sale, in real estate, occurs when the property sells for less money that the borrower owes on the home. A short sale is usually done to avoid foreclosure on a property, something a mortgage lender usually wants to avoid. In a short sale, the mortgage lender agrees to discount a loan balance because of some financial hardship on the part of the borrower. Most of the time, the mortgage lender agrees to take the entire proceeds from the sale of the home as payment on the mortgage, agreeing to forgive the outstanding difference owed by the borrower. This usually occurs when the borrower cannot afford to pay the mortgage anymore and the bank does not want to foreclose.

What’s best for you?
• Saving your home and avoiding foreclosure is the primary goal in deciding what the next step is for you and your family. If you are experiencing a temporary

Here is a specific example of a hardship letter you could use for a loan modification if you fall behind in your payments. For a little more detail on putting a hardship letter together see: Tips on How to Write a Hardship Letter for a Loan Modification or Short Sale.

A hardship letter is a letter written to your bank or mortgage company telling them why you can no longer afford to make the payments on your home. This letter describes your hardships and specifically what has happened that caused you to fall behind.

Based on the current credit environment, hardship letters are being used as a tool to help homeowners avoid foreclosure on their homes. The result can be a modification of the loan or the acceptance of a real-estate short sale by the bank.

Sample Hardship Letter for Loan Modification:

(Date)

To Whom It May Concern:

Our family purchased our home in (Date).

Since that time, a number of unfortunate circumstances have impacted us. These circumstances combined with the rising costs of food and the economic slow down have caused us to be delinquent on our mortgage payments. We love our home and want to stay in it and would like you to consider working with us to modify our loan.

In the last few months our financial situation has gotten difficult. Specifically, (This is where you need to explain the specifics of your situation. Example: Our adjustable interest rate went up and our payments increased from $x to $y, lost one of our jobs, medical emergency….). As a result of these unfortunate circumstances we can no longer afford our mortgage payments.

We feel that if we could get our loan modified, we would be in a better situation and could make our payments. We would appreciate if you can work with us to lower our payment so we can keep our home.

We have enclosed copies of our financial statements.

(You would attach copies of proof of income {paycheck stubs…}, Proof of hardship {late notices you received recently}, Bank Statements for last 2 months, past 2 years income tax return)

We appreciate all of your help as our family goes through these hardships.

Sincerely,

Home Owner Name(s) ___________________

Signature_____________________

Loan # ______________________

Address______________________

Phone________________________

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• New programs help homeowners, but are too late for some (seattletimes.nwsource.com)

If you are behind in your mortgage payments, it is likely you have received a Notice of Default (NOD) also known as a Foreclosure notice from your lender. A Notice of Default (NOD) is a public notice to you, as well as the world, that you have defaulted on your mortgage and the lender intends to take foreclosure action if you do not pay by the regulated redemption period. What should you do if you receive a NOD?

Immediately Contact the Lender

You must NOT ignore the NOD, other foreclosure proceedings, or your lender. Call them at once and tell them about your situation. Most lenders are willing to work with their borrowers on keeping their loan in good standing and helping through financial difficulty to ultimately avoid foreclosure. The problem arises when borrowers have financial difficulty and simply stop paying on their mortgage without any explanation to the lender.

Discuss the Mortgage Payment Options

When you contact your mortgage lender, discuss with them your financial situation and what you can do to keep your loan current. If you have a significant change in your income, or your mortgage payment was increased considerably, you may be eligible for a loan modification based on your current income.

A loan modification changes the terms of the loan, such as the interest rate or lifespan of the loan, to create a lower monthly payment. While this means less income for the lender, if you are unable to meet your current mortgage obligation, yet still have a regular income, it is a better alternative than foreclosure. You will have to provide financial information and a hardship letter to your lender. If you are not comfortable with mortgage terms and issues, hire a professional service to negotiate on your behalf.

In addition, you may discuss payment forbearance or forgiveness of past-due debt. In many cases, lenders are willing to forbear loan payments up to three to six months to help a borrower get back on his feet financially. In cases of extreme financial difficulty, some lenders may even forgive payments and fees in arrears and allow the borrower to start fresh if they promise to keep current.

Consider a Short Sale Before a Foreclosure

There is almost no reason to walk away from a home and allow a lender to foreclose. If, ultimately, you cannot afford the mortgage, you can sell the home and pay the lender what is owed on the mortgage. However, this may be more difficult if you owe more than what your home is worth on the market. Many homeowners in mortgage trouble are finding this to be the case with falling real estate market values.

However, a lender can be persuaded to accept a “short sale” on a home. In this situation, they agree to let you sell the home for the lower market value, pay them the full proceeds from the sale, and then write off the outstanding balance. Why do lenders agree to a short sale? Ultimately, it is cheaper than proceeding through a full foreclosure process, which involves attorney’s fees, holding losses, and an inevitable short sale from the lender’s end as well.

A NOD is not the end of the road for a homeowner. It is just the first legal process in foreclosure. Remember that you have the right to discuss and re-negotiate your mortgage. Although you may lose your home, there are options to sell so that the lender does not foreclose and you prevent further credit issues.

If you’re having trouble keeping up with your mortgage payments, then perhaps a mortgage loan modification might be the answer. A loan modification can reduce your monthly mortgage payments and help you keep current with your mortgage based upon your financial means. However, when you talk to your bank or mortgage lender about a modification, are your or the bank’s best interest involved?

The bottom line is the answer to this question. The bottom line for the lender is to make income in the form of interest on money they lend to others. If a borrower fails to make payments as agreed in the mortgage terms, then the lender may have no choice but to foreclose on the home and recoup their losses on the resale of the home. Usually a foreclosure is a great expense to the lender in attorney’s fees, filing fees, and losses incurred while holding the property for sale. All efforts to avoid foreclosure should be taken by the lender, including modifying the loan in extreme cases to help a borrower repay the loan.

Getting Professional Modification Help

Although foreclosures are not desired by lenders, they still have many strict guidelines in making and modifying mortgages to suit the owners and investors of the lending company. Subsequently, it may appear ironic that lenders want to avoid foreclosure, but are also not willing to work with borrowers to negotiate a reasonable settlement for both parties.

A professional foreclosure help specialist company can help you with a loan modification by talking to your bank directly and working with them on your behalf to resolve a mortgage into more affordable terms. These companies are usually run by experts in the mortgage finance industry and present many advantages over a DIY endeavor:

Experience – Many of these professional modification negotiators have been operating for years and have extensive experience in negotiating new mortgage terms. They are familiar with the foreclosure and loan modification process and know what it takes to reach a deal, with even the most stubborn lenders.

Contacts – Foreclosure help specialists usually work with the biggest loan mortgage companies in the country and have many contacts within each. By having and continuing good relations with lenders, they have an upper hand in renegotiating your contract.

Results – In most cases, foreclosure help can secure an agreeable mortgage modification that is acceptable by both lender and borrower. If not, then they can work with the lender on an exit plan to avoid foreclosure by a short sale. In a short sale, you may end up selling your home for less than is owed on the mortgage, but the lender accepts the short amount and writes off the balance. This bodes much better for your credit report than foreclosure.

Credit card offers typically overrun the mailboxes of millions of American consumers. These offers usually make it incredibly easy for those with moderate or even poor credit to obtain a credit card. Sadly, in many cases, poor consumer habits result in maxed out credit card debt and even collection on past due accounts. What can be done to help pay off debt and repair one’s credit score?

Enter the era of credit repair specialty companies. These debt relief businesses offer consumers with credit issues a means to help eliminate debt, clear up credit issues with the three major credit reporting agencies, and start building a good credit history. However, with any industry filled with desperate consumers begging for help, there are good services, bad services, and the ugly services.

The Good Credit Repair Services

A good credit repair service will offer to work with a consumer to reduce debt and clear up a credit report. The first step of debt relief is to take all credit cards from the consumer and destroy them. This prevents any further charging on an unaffordable budget.

The next step is to work out a payment plan with the credit card companies and other creditors to pay off all debt. A good credit repair service will negotiate lower interest and even convince the lender to waive interest in some cases. This will help you make affordable payments to actually reduce your debt. Each month you pay the credit repair service, and they in turn pay your creditors. The service takes a reasonable fee each month for their debt relief efforts out of your payment.

Once the debt is being paid, and ultimately eliminated, through regular payment plans, the credit repair service will ensure that your positive efforts are shown on your credit reports. Once a collection or debt is satisfied, the creditor should report the good news to each of the reporting agencies. However, the lenders don’t always report your good standing, and this can have a continued bad effect on one’s credit score. However, with the repair agency’s help, these reports are updated on a regular basis so that your credit score reflects the most current information.

These credit repair services can help a person manage overwhelming debt with an affordable payment plan. They will also work to ensure that the good results are reflected on your credit report. However, the downside is that a consumer does need to destroy credit cards and essentially close their credit accounts to enter a reasonable payment plan. Ultimately, it will be up to the consumer to continue good credit practices and try to re-acquire credit.

The Bad and Ugly Repair Services

Unfortunately, there are unscrupulous credit repair services that do not fulfill their promises to help a consumer. On the uglier side, there are agencies that make ridiculous promises that are completely untrue, including their ability to remove liens, bankruptcies, and judgments from a report forever. These scammers make 100% guarantees, even stating that they can provide you with a new ‘legal’ identity. Companies who make such outrageous promises are usually not out to help the consumer, but rather take advantage of desperate people by taking their money and reneging on promises to help with credit issues.

If you are looking for help in solving your credit problems, research a repair service carefully. Check with the Better Business Bureau to ensure the company is in good standing. With a good repair agency by your side, you can pay off debt and start over on a healthier credit report.

If you are having trouble keeping up with your mortgage payments and find yourself needing foreclosure help, you are not alone. Millions of homeowners have lost their homes due to foreclosure over the last few years. In 2008 alone, over three million foreclosures occurred in the United States. If you are in foreclosure now, what should you expect and how can you manage this stressful situation?

What is Foreclosure?

Foreclosure, also called default on a mortgage, occurs when a borrower fails to meet the terms of a mortgage secured by real estate. Usually, the first stage of default is delinquency caused by a late payment.

If a borrower continues a delinquency and fails to make the scheduled payment and subsequent payments, the mortgage company will begin the foreclosure process by filing a Notice of Default (NOD). This is a public notice filed in the home’s county recorder that describes the borrower’s default, as well as confirms the lender’s intention to foreclose on the home if the mortgage is not promptly brought up to date.

How Does the Foreclosure Process Unfold?

The process of foreclosure after the NOD is different from state to state. Some states have requirements that mortgage lenders give plenty of time for a borrower to redeem the mortgage and keep their home. This process can take up to a year and even up to two years from the beginning process of foreclosure until a defaulted homeowner is evicted and the house sold at auction. Some states, on the other hand, allow lenders to give little time for loan redemption, and the final foreclosure could occur in less than a year.

However, all homeowners in the foreclosure process can expect many letters from the lender and the lender’s attorney asking and demanding that the loan is paid, even while they are pursuing foreclosure. Once a homeowner fails to redeem their loan during the NOD timetable, the mortgage lender proceeds with asking for a judicial or non-judicial (depending on state laws) home sale and auction to recover their losses. As mentioned, a foreclosure auction sale could be months, even a year or more, after the first delinquency.

What Are Alternatives To Foreclosure?

If a homeowner truly wants to keep their home, they should talk with their lender about alternate solutions. Here are some possibilities to avoid foreclosure:

• Loan Modification – Negotiate with the lender to change the interest rate or other terms that can effectively lower a monthly mortgage payment to a more affordable level. You will have to detail your financial statements and present a hardship case and hardship letter to your bank.  Sometimes this may require the help from a professional mortgage modification specialist company.
• Forbearance – In some cases, a mortgage lender may be willing to issue forbearance on payments for a limited time, usually three to six months, giving the borrower time to get caught up on his finances.
• Short Sale – If a borrower cannot financially afford the mortgage any longer, he or she may be forced to sell the home in order to pay the mortgage in full. However, what if the final selling price is less than what is owed on the mortgage? A mortgage company may agree to a “short sale,” where they accept the market price for the home and write off the balance. This is a better alternative than foreclosure for both the lender and borrower.

Foreclosure is a last resort for a homeowner who can no longer afford a mortgage. The best practice to avoid this process is to constantly keep in contact with a lender and work out an agreement that avoids the hassle, expense and defeated humility of foreclosure.

Millions of Americans are feeling the stings and arrows of the declining economy. In 2008, over 250,000 homes were foreclosed each month – which translates into three million homes foreclosed in the entire year. More credit card debt is racked up each month, and millions of Americans are looking to consumer credit counseling services for debt management help. Now that newly elected President Obama has signed his stimulus bill into law, what does that mean for the average American with debt management issues?

Who the Plan Will Not Help

First and foremost, Americans must realize that the stimulus plan is not “free money.” People who have uncontrollable debt management issues will not suddenly see their debt wiped away. With that said, the plan does provide debt help to those in serious trouble with their mortgages and credit card debt.

Remember that the bill is a financial plan to help stimulate the American economy, not pay off personal debt. However, by helping Americans manage and control debt, more expendable income can be spent on goods and services – which is exactly how the plan hopes to revive the economy.

How the Plan Can Relieve Mortgage Debt

Millions of American homeowners are feeling the financial crunch of extreme adjustable rate mortgage (ARM) interest hikes or job loss, and they find themselves unable to make their regular mortgage payment. With an average of 250,000 homes foreclosed per month, what are homeowners to do?

The mortgage bailout portion of the stimulus package tags $75 billion for the setup and aid of getting mortgage borrowers back on their feet to avoid foreclosure. Though the federal funds will not give you free money to pay off your back payments or reduce your principal balance, the money will be used to set up a government intermediary program that puts qualified borrowers and lenders together to discuss real solutions to mortgage problems.

A homeowner who is suffering a financial crisis and is having trouble meeting mortgage obligations can use the program to help set up and negotiate a loan modification. However, if you are not delinquent on your mortgage and have the financial ability to pay your mortgage, this plan will not help you. In addition, should you have an inability to provide evidence of future employment, mortgage companies are unlikely to help you through this plan either.

A loan modification is a change in the original mortgage terms, such as a lower interest rate or extension of payments that reduces the monthly payment amount. Working with the lender in this fashion could result in the forgiveness of much of the principal balance, limited forbearance, and ultimately, help homeowners keep their homes and avoid the expense and trouble of foreclosure.

The Benefit of Tax Rebates

President Obama has also passed tax rebates for most Americans. Taxpayers will receive a portion of their 2008 paid taxes back to them in cash. Some of that money may be needed to pay back taxes owed or can be spent directly on reducing piling credit card debt.

Americans who are careless about their debt management and spend more than their means will not see much help. It is people who are responsible and are making real efforts to pay off debt who will benefit from the stimulus bill.

What is a Loan Modification?
Loan modification is a process whereby a homeowner’s mortgage is modified and both lender and homeowner are bound by the new terms.
A loan modification is a process where one or more of the characteristics of a loan and/or its terms are adjusted because the homeowner is unable to make payments under the original terms or because the value of the property is worth less than the borrower owes.
Great I know what a Loan Modification is. What are the things to watch out for?

The Do’s
• If you work with a loan modification service, Do MAKE SURE YOU CHECK THEM OUT. Go to the better business bureau site www.bbb.org and research the company. Also asking for references is a good idea.
• If you are going to attempt to do your loan modification yourself, Do make sure you have all of your documents collected prior to talking with the bank.
• If you are going to attempt to do your loan modification yourself, do make sure you understand the loan modification process prior to contacting your bank.
• Do make sure you spend the time to write a convincing Hardship Letter. See Tip on How to Write a Hardship Letter.
The Don’t
• Don’t contact your bank’s collection department. They are only interested in collecting payment not helping you with modifying your loan. You must contact the loss mitigation department in the bank.
• Don’t stop making payments on your loans even if a loan modification advises you to. A reputable company will tell you to continue to make payments for as long as possible.
• Don’t rush through your loan modification application. It is critical that you do not make errors and that all forms you submit are correct.

Before you get started on the process of attempting to get your loan modified you must first understand that you will need a little patience. The typical time line for a loan modification is between 60 and 90 days.

The second thing you must understand is that you need to be very open in terms of your current financial and personal situation. Not disclosing information to your bank or third party negotiator will only lead to disappointment down the road for your loan modification.

Third, you must collect a number of documents. You should have them ready before you start the process so that the process can be expedited. You will need: Last years taxes, your original loan documentation, recent pay stubs, and recent bank statements. The information you provide for a loan modification is very similar information you provided when you received your loan in the first place.

Forth, you will need to write a hardship letter detailing why the bank should provide you a loan modification. For more information on hardships letters go to: Tips on How to Write a Hardship Letter and Sample Hardship Letter.

Fifth, be clear on what you actually can pay when it comes to your loan modification. Understand what new terms for your loan you can live with. Getting your loan modified but not being able to afford the new terms of the modified loan does not help anyone.

Finally, decide if you want to go it alone on your loan midifcation and negotiate with your bank all by yourself or hire a professional negotiator or attorney who has done a significant number of loan modifications. The banks do not want to end up with your home if they can help it but they will have their own interest at heart rather than yours. If you do decide to go with a third party to help you make sure you check references and make sure that the operation is a legitimate one.