Information regarding Mortgage Litigation and Modifications1286532

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Mortgage modifications continue being working and actually perhaps becoming quicker to obtain. This seems apparent as loan servicers completed and issued over 56,000 permanent loan modifications in the month of August. When compared, the 2 choices to a mortgage modification; loan litigation with visit thehoffmanlawgroup and foreclosure are up 100% and 20% respectively. Consistent with past practices over 85% of the modifications agreed upon carried a fixed payment for five years, while 68% offered a reduction in interest rate and principal. The whole number of loan modifications completed since 2007 has reached 4.86 million. The break-down is roughly 4 million being carried out by servicers using their own modification guidelines and almost 800,000 loans being modified in the government's Home Affordable Modification Program (HAMP). These numbers sounds high however it needs to be noted there presently exists over 2.8 million delinquent mortgages well over two months late or longer.

These delinquent homeowners have four choices:

  • attempt a mortgage modification
  • short sell the house
  • lose it to foreclosure
  • sue their lender

Homeowners seeking one of these simple four options, have many professionals, typically a law practice, to change to for advice. Seeking a modification is actually always the first thing taken. Unfortunately lenders and servicers have not been overly accommodating and a lot of borrowers quit and seek a quick sale rather than foreclosure. Litigation, another choice, is now more prevalent for two main primary reasons. The very first reason is always that homeowners are granted "trial modifications" and then don't acquire a permanent modification. For that reason many plaintiffs have obtained settlements for breach of contract. Your second reason is definitely the current investor of a note, grants a trial modification then sells the loan during that free trial. The modern investor on the loan doesn't honor the trial modification agreement reached while using previous owner from the note. The main reason the new investor can do this is because they have paid half the balance with the note of course, if they foreclosure a quick profit can be made. Thus the modification entered into because of the original lender/investor isn't as attractive. The courts have ruled in support of the homeowner in the event such as these.

SUMMARY Homeowners instinctively have the desire to remain in their properties without exceptions. In reality spending money on a modification and making payments for most months while in the negotiations isn't well worth the payment reduction offered by the loan originator when all is settled. In truth thehoffmanlawgroup tells that approximately 50% of homeowners granted a modification are delinquent again within two years. Perhaps a short sale to start with instead of a modification would provide you with the homeowner by using a clean slate, save them money and alleviate stress. The fight to hold one's home frequently leads to foreclosure, bankruptcy and missing the opportunity work together with their lender through other means when compared to a modification, like the short sale option.

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