Sunday, 23 May 2010

Loan Modification Frustrations

Frustrated with all the people I am talking to about “LOAN MODIFICATION”!

Caller: I am trying to find a way to lower my payments, our loan currently is going to adjust by 25% come November 08’. At this point I am already having a hard time paying the mortgage, what should I do. I heard about “Loan Modification” and have been trying to do that for two months but am not getting anywhere? I also talked to someone wanting to charge me $3000.00 for doing this for me.

Ken Go: First of all, I am repeatedly telling everyone that you should not pay anyone to help you deal with your lender or do a “Loan Modification”. There are government agencies and non-profit organizations that will help you do it for FREE. The key question here is whether you are currently late on your mortgage when you are calling your lender for a “Loan Modification”. If you are still paying them, they will more than likely not agree to help you, because currently there are about 7-8 thousand people going into foreclosure everyday nationwide. So, they will prioritize the customers that are already late, but don’t get discourage because you should still try and see if they will agree. Another thing to consider is if you can qualify for your own loan, meaning if you add up all your mortgage payments including taxes and insurance, revolving debts and installment debts, is your family income double that amount? If not, they are again most likely going to decline your request. They will tell you that you cannot qualify for your own loan, if they help you; they are thinking that it will be temporary and you will be back in the same situation 6 months down the line. So, be honest and explain to your lender how you are able to afford the payments, if you have relatives living with you helping pay the mortgage, disclose all your part time jobs. Lastly, remember to try and complete the financial package with a hardship letter explaining all your problems. Remember, these lenders are overloaded with call all day long and try to be nice to get your way. If will get frustrating that is why you have to keep trying. Also, if you put yourself in their position, they can tell you that you have signed a legal and binding contract when you took that loan out, when you cashed out money to buy your new car, when you did your home improvements or paid off your other debts that you agreed to pay them back. So, they really don’t have to help you but might. So, we are at their mercy and have to do things their way and hope for the best.

Caller: I can’t refinance my house and my loan payments are going up to a point that I cannot afford it anymore. What should I do?

Ken Go: This is a growing epidemic that is out of proportion and I get calls like this all day long. My suggestion: get your finances together be honest with yourself and see what your actual monthly expenses are, include everything even your snacks, your small vices everything. Then put down how much you are netting from your pay stubs and you will be surprise to know that you are just living on the edge every month with your paycheck. If you cannot afford the house, then you have to really decide on other options to keep yourself afloat. See yourself six month to one year from now, even if you have a fixed rate loan, can you really afford the payments? If not, then be honest and sort out options. Treat this home buying experience as a business, its not personal definitely not sentimental.
Caller: Mr. Ken Go, you are claiming that you don’t charge anything for the advice and the appointment. Right there I might have to be cautious because you said yourself nothing is free in this world?

Ken Go: Great question! I spend about 15-30 minutes explaining to a customer all these things about loan modification. I have been in the business for over 20 years and fortunately have many loyal customers that continue to refer me with clients who might want to buy,sell or refinance a house. If you are following my articles, about two years ago, I have been writing articles about “NO DOWN PAYMENT LOANS’ that the borrowers should not do that because its too risky, I have telling my callers not to buy homes since close to two years ago. Why do I do that, because I honestly find satisfaction and a sense of pride doing that? I feel that I want to do that to sort of give back to the world the blessings I get. Do I need to make money, of course I do. Let me ask you something, if I give you a good advice and honest one, later if you need some financial or real estate services who would you think about calling? Hopefully Ken Go, right? That is pretty much what I asked for are referrals on people you know that might need my services. I think that is more than fair, my business is a referral business. I do get a lot of thanks and promises of referral from my callers and basically being in this business this long; I can wait and will continue to give free and honest advises to whoever might seek for it.

IMPORTANT NOTE: Countrywide and Bank of America is current workingout a Rescue plan for their customers only. This program will allow them to lower the balance and payments, if you qualify.

Tuesday, 18 May 2010

Short Sale Deficiency Judgements

Will I be liable for the deficiency balance on my defaulted mortgage balance?

Caller: My property was foreclosed 6 months ago and I am still getting a bill for the mortgage balance of my property. What can I do about the debt? The bank already sold the house to another buyer.

Ken Go: That is what happens if you let your property go to foreclosure, you did not request for debt forgiveness and the lender is after you for the deficiency judgment. Meaning, if you owe $500K on your property and the lender after paying all the fees, interest, legal and agent fees net about $400K only, you will owe them $100K. I am advising my readers to consider a short sale after failing to modify their loans and rates, and letting the property go into foreclosure as a last resort. Think about it, if you let go of the property just like that, the bank will have to wait for the legal process to kick in before taking over the property, that means you would have incurred legal fees, let alone the wait time that is wasted due to the process of bank take over. Then, the bank will also hire an agent and pay their commission to sell the house, all those cost of the bank selling will also go on your bill. So, you basically just increased your debt balance and hopefully your property is not damaged or vandalized where there will be again incurred cost, because again you will have to pick up those cost. Therefore, do I make sense when I say lets short sell it and ask the bank to accept a smaller payoff? What to do then, maybe talk to the lender to discount the balance if you have money to settle, or talk to a lawyer as far as how to avoid the debt.

Caller: I wrote about this caller a few weeks ago, who wanted me to help her request for a loan modification, she is $18K behind and have no way to pay the debt off to be current. I assisted in calling and providing the lender with the necessary documents to have her loan modified. Just recently the lender approved her modification package. What they did was they put the loan balance of 18K on top of her loan and kept her rate and increased her payments by about $100.00. I her case, she wanted to keep the house and has the ability to pay her mortgage but not to bring the loan current, so this will work out for her and now she wont have to worry about the 18K debt.
She got an advice from someone saying that don’t pay your mortgage for 2 months before calling the lender and asking for a loan modification. Problem is the 2 months quickly became 6 months and now she can’t keep up. So, before you get an advice make sure that person is qualified to make comments.

Caller: I was defrauded by a countryman, I was behind on my home that I owned for 18 years and was lead to believe that this person was going to use a straw buyer (fake buyer) to buy that property back for the caller. The Agent requested for $10K as an escrow deposit for the supposedly straw buyer. After a few months of communication with the agent, he suddenly stops calling. When chased after, the office has no record of the escrow ever being opened. What should I do? My home was foreclosed because I have a notice to move already and the bank won’t talk to me any more.

Ken Go: At this point, you have to report that agent to Federal Trade Commission, www.ftc.gov or call 1-877-ftc-help. I can’t even tell you if you will ever get your money back. I would report them to the local authorities too. Unfortunately, as far as your house, since the Trustee sale occurred you are out of options. Best is to report this person to avoid other people to fall for their scams. This is by the way a Federal offense for those who are getting ideas about scamming other homeowners.

Caller: I was approach by a lawyer’s office to who wanted to help me do a loan modification with my houses that I have. I own a vacation that is still ok but due to my interest rates being high, I might not be able to afford it anymore. I refinanced my home to be able to buy the vacation home and my current residence also has a high interest rate that I am paying.

Ken Go: Before paying someone $2-4K to help you do loan modification, take note of these things. There are non profit agencies out there that will help you negotiate with your lender for free. You can also do that yourself, of course when you have to do it yourself you have to be patient and much disciplined to follow up on those calls and documents the lender might require. But for you that could save you $5K, don’t you think it’s worth it, having a Law Office behind you doesn’t always mean success? My suggestion is for you to try to sell the home and at the same time request for a loan modification, vacation home you can’t afford is not a vacation home. If you sell see how much money you will have saved not having to pay the mortgage on that property, truthfully how often to visit your vacation home? Be frugal, now is not the time to spend carelessly. There was an article about a Law firm that targeted Filipino homeowners in distress and they were soliciting for Loan Modifications. I believe they are knee deep in trouble with the Law and I am curious to see how they get out of this mess.

If you have a Freddie Mac or Fannie Mae loan there is a Making Home Affordable program that you might qualify for, please inquire with us. I have seen rates as low as 2% approved for 5 years from this program.