California
Mortgage Loan Modifications
The goal of California mortgage
loan modification is to make your mortgage more affordable, and
to avoid possible foreclosure in the future. A lender may choose
to modify your interest rate, amortization schedule (the years remaining
on your mortgage), the loan balance, cancel delinquent fees owed,
or may convert it from an adjustable to a fixed-rate loan, or a
combination of the above. Loan modifications are usually only possible
in hardship cases.
Some lenders are willing to modify mortgage loans, some others
stubbornly refuse, and this is why it's necessary for you to have
a knowledgeable real estate lawyer on your side. We are able to
provide that service.
Unlike refinancing, there is no qualification based on FICO scores.
No appraisal is necessary, nor do you have to go through title insurance.
There will be, however, qualification based on income.
One broker says, "Lenders are
modifying mainly due to hardship. If you have a five-year adjustable,
you are three years into it, and two years from now your loan amount
will be higher than what your house is worth, it is already apparent
that you won't have a chance to refinance and fix that mortgage.
"In order to avoid the future
potential loss, we present your case correctly to the lender. We
gather all your data, your income, what is going on in your life.
Maybe you had overtime; maybe your hours were cut so now you are
making less money. Maybe your loan is about to adjust in a year
or two and there is no way you can afford the new payment. That's
when we can go and negotiate with the lender on your behalf to prevent
this potential loss for both you and the lender. We correctly present
a case to them as to why it is in their best interest to modify
your mortgage and fix it, and possibly extend the current mortgage
rate for another five years.
"A lot of times, they will
just rewrite the mortgage, change the terms and turn it into a 30-year
fixed as long as we can show the lender why it is in their interest
to do that, as opposed to just letting the mortgage sit there with
the potential of future loss. When presented in this way, there
is a good chance we can get the loan modified for a client."
Why would a lender cooperate with
a California mortgage loan modification request?
"We use an attorney for loan
modification, and that attorney will work directly with your lender
to modify your mortgage. One of the motivations that here is part
of the reality of the mortgage industry. Eighty percent of applications
that have gone through in the last several years were erroneous
in some way on the disclosure. The lender made a mistake in the
loan paperwork.
"If the attorney can find the
mistakes on your loan papers, he can use those as leverage. Because
of such mistakes, the lenders are exposed to possible litigation,
and a lawsuit is the last thing they want to deal with in this financial
environment. Another thing is potential loss. If a homeowner wants
to stay in their house, but let's say the mortgage is $300,000 and
the house is now worth $250,000, if the homeowner walks away, the
foreclosure process will take anywhere from six to nine months,
and at that time the value of the home will be probably even less.
The lender stands to take a huge loss on their books."
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