
Loan Modifications and Loss mitigation programs were established by the
federal government and the mortgage industry in order to help prevent
home foreclosures. There are several programs available, and each lender
has its own policies regarding the use of these programs. In addition,
each program has its own complexities and rules that must be followed.
Because of our extensive experience, as well as our close working
relationships with mortgage lenders, we are able to help you
successfully navigate through those complexities and rules, which may
otherwise be overwhelming for you as you work to save your home.
First we perform a thorough assessment of your personal finances, and
analyze your lender's loss mitigation policies. Then our professional
loss mitigators will negotiate with your lender to get you the best
possible solution to your home foreclosure problem.
We can help you save your home – and credit history – through any one of
these loss mitigation options:

A great many people have short-term financial problems, and may have no
choice but to miss a payment or two on their mortgage. Once that
short-term problem is over, they can go back to making their mortgage
payment, but they can't come up with enough money to also pay the missed
payments.
This is the most common mortgage problem, and a repayment plan is the
most common solution. Your lender and you, with our help, set up a
repayment plan whereby, in addition to your normal mortgage payment, you
also pay a bit of what you owe on the missing payments, until you are
caught up.
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If you can show your lender that you will be able to pay your mortgage
loan after a certain length of time, you may qualify for a special
forbearance. Your lender will allow you to make reduced payments for a
certain amount of time, or indeed, no payments at all. However, during
this time period, interest on the loan will continue to accrue.
The special forbearance is often combined with a repayment plan.
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A Loan Modification is "a permanent change in one or more of the terms
of a mortgagor's loan, which allows the loan to be reinstated, and
results in a payment the mortgagor can afford." In other words, your
interest rate can be lowered, your remaining balance re-amortized and/or
the current term of your loan extended, in order to reduce your monthly
payment.
There are costs and fees associated with a modification that you will be
responsible for, and for which you will have to make an immediate
payment.
In order to qualify for a Loan Modification, all property taxes must be
current, or you must be participating in an approved payment plan with
your taxing authority. If you have any additional liens or mortgages
with other lenders – they must agree to be subordinate to the first
mortgage.
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The VA Loan is a program set up by the Veterans Administration to help
active duty and retired military personnel purchase homes. With a loan
through the VA, the home is financed completely, so that you don't have
to pay mortgage insurance, and they also set limits on the types of fees
that can be charged by your lender. If you're having temporary problems,
it is possible to do a Loan Modification on a VA loan.
If your lender will not do a loan modification, but intends to
foreclose, the VA also has an option, called "re-funding" – where they
will buy your loan from your original lender, and re-amortize the loan
so you can afford to make the new payments. This is entirely up to their
discretion, however.
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If you do not qualify for a repayment plan or loan modification, you may
still be able to obtain a partial claim – if your mortgage is through
the Federal Housing Authority (FHA)
With a partial claim, you are taking out an interest-free second
mortgage through HUD, to assist you in paying the first mortgage.
Or as the HUD website puts it: Under the Partial Claim option, a
mortgagee will advance funds on behalf of a mortgagor in an amount
necessary to reinstate a delinquent loan (not to exceed the equivalent
of 12 months PITI [principle, interest, taxes and insurance]). The
mortgagor will execute a promissory note and subordinate mortgage
payable to HUD.
FHA mortgage holders may qualify for a partial claim if their loan
payments are more than 4 months, but no more than 12 months, overdue,
and they have the proven financial stability to begin meeting their
payments.
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If you have had your home listed with a real estate agent for at least
30 days, with no success in selling it, and if it is in sellable
condition, and if there are no claims or liens against it – other than
your mortgage, of course, you may be eligible for a "deed in lieu of
foreclosure".
What this means is that you transfer the deed of your house to your
lender, so they do not have to foreclose on the property. They obtain
ownership of the property immediately, and the remainder of your debt is
forgiven. Note that this program does not save your house.
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A "short payoff", also known as a "short sale", a "pre-foreclosure
sale", or a "compromise sale", is really the option of last resort, and
requirements to have this occur are very stringent. Loss mitigation
companies are not authorized to approve such loans - only the lender can
do it. What we can do is help ensure that the lender approves the
process.
It is defined as "A sale in which a lender allows the property securing
a mortgage or deed of trust loan to be sold for less than the existing
loan balance, due to factors such as the borrower's financial
circumstances, the property's physical condition, and local real estate
market conditions." The money thus gained from the sale belongs to the
lender.
To qualify for a "short payoff," you must have suffered a long term
financial hardship - for example you or an immediate family member have
suffered a catastrophic illness, your employer has transferred you out
of the area and you're unable to sell or rent the property, you've
suffered a disabling injury that precludes you from ever working again,
and so on.
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