Understanding the Foreclosure Process

Millions of Americans who are struggling to save their homes from foreclosure are trapped in a minefield of disappointment and misinformation and the banks, lenders, and servicing companies are all to blame.

Instead of trying to help the homeowner they actually make it more difficult and I know this to be true from firsthand experience. I sometimes pretend to be the homeowner calling the bank for general information on what to do next (and yes this is with my clients consent) and their form of communication is to scare you into submission.

We have seen the fourth revision of the current program and this is the third program the government has put out to help homeowners avoid foreclosure. Homeowners, housing counselors, consumer advocates and attorneys working with borrowers report that the latest effort is falling far short of its original goal.

In some cases, lenders are moving to foreclose even after homeowners get approved for loan modifications. I know this be fact and the reason is simple, but also avoidable. While the loan is being reviewed the collection process continues. The loss mitigation department will tell you that while in review the auction date will be postponed, but not delayed so if you don’t stay on top of your case you will become one of those unfortunate statistics. Click on this link to read our previous post and a great 60 page article titled “Why do lenders foreclose when then can modify”.

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Foreclosures and Home Sales Up and Down

In December of 2009 we had the most significant drop in home sales in more than 40 years, but to end 2009 we had the first annual gain in four years. The reducing in the median home value of about $175 had a lot to do with it and the primary culprit to that end was the foreclosure market.

If not for the REO’s and Short Sales this past year, home sales could have been drastically reduced and the economy would have suffered even more than it has. Total sales for 2009 were almost 5.2 million, which was up from 2008 by about 5%.

In March the Federal Reserve is expected to end its program of buying mortgage securities and the extended homebuyer tax credit is expected to end in April. These two factors could have a significant effect on the housing market and could weaken it even further, but stay tuned to our post because I believe the government will extend one or two of these programs.

Unfortunately foreclosure will continue to rise and homeowners need to know their options – Homeowners need to have a place to turn and they need to know that there are options to foreclosure. National Foreclosure Prevention Service offers free confidential consultations; even if we are unable to help at least we can give honest advice to the homeowner about the different options available to them.

It is also clear that the number of people being helped in this recessionary time have been those who are able to take advantage of the many government programs. The tax credit that was sent to expire in November was extended by Congress to allow up to $8,000 for first-time homeowners and a new $6,500 credit for existing homeowners who move.

It remains unknown what will happen when these government programs come to an end before the economy can start to show significant sustainable grown on its own because as most analyst will agree, a healthy real estate market is needed to help the economy continue recovering from recession.

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Treasury Department’s Loan Modifications

National Foreclosure Prevention Services has been very successful with the cases we have recently modified and we are always working hard to maintain the highest level of customer satisfaction. Here are some of the Loan Modification approvals we did this year for your review. Click on the links below.

Ocwen – Wells Fargo – HSBC – Vericrest Financial – Select Loan Servicing – HomEQ Servicing – American Home Mortgage Servicing

We manage several Loss Mitigation and Short Sale cases in many different states and it is important to maintain a constant line of communication with our clients. The Homeowner, the Realtor and the Attorney all have to be notified of any changes and our management system helps us keep in touch with everyone at one time.

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In June we wrote about the mortgage relief programs the government had established to help homeowners facing foreclosures. Well every month for the last six months we have heard many different stories about the success and failures of these programs and I can say from experience that these programs are not helping enough people.

After a slow start, the Obama Administration’s mortgage relief program has reached one in five eligible homeowners and more than 650,000 borrowers, or 20 percent of those eligible, have signed up for trials lasting up to five months, the Treasury Department said Tuesday.

The trials are a verbal assessment of the homeowners financial situation and they are an attempt to allow the homeowner to make reduced mortgage payments while they review the documents submitted by the homeowner and I have several issues with the way the program is being implemented.

Most of the borrowers enrolled so far have been signed up for preliminary trial modifications for up to five months. To make the change permanent, though, they must complete a big stack of paperwork and show they can make their payments on time. The government expects to release details in the coming weeks on permanent modifications.

…And these are my issue with the program and its implementation.

>> First, while the banks review the documents submitted by the homeowner they go through several stages to verify the information. One of those stages is a BPO which by the way is charged to the H/O at any “reasonable” rate they want, but if that BPO comes back showing equity in the home the modification can be denied regardless of the borrowers hardship -IE loss job or reduction of hours.
>> Second, the program guidelines are based on a 31% income ratio which only accounts for the mortgage in question and not the other household bills. They don’t even factor in the second mortgage payments if one exist
>> Third, if the borrower does not qualify, the discounted mortgage payments are then converted to make a complete mortgage payment and the difference is then considered outstanding. For example-if the mortgage payment is $2,000 and the trial payment is $1,000 for 6 months and the modification is denied then the bank will take the $6,000 in trail payments make and convert them to three months paid leaving the H/O with an outstanding balance of $6,000 or three months.

This is not explained clearly and because of the homeowners lack of experience and knowledge regarding loan modifications the lender will generally get away with this deceptive practice. It is important to hire a qualified loss mitigation consultant to help navigate these complicated, difficult and sometimes exhausting negotiations.

Meanwhile the bank has been paid by the government for satisfying their requirements by offering the trial modification under the Home Affordable Modification Program (HAMP).

Click on this link to read how the banks are being paid to modify your mortgage and why some in government are not pleased at all.

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Option Arm Mortgages

Will it Get Better Before It Gets Worse?

The answer to that question is NO! I hate to be the one to break it to you, but from all market indications that I am studying it will not get any better anytime soon.

There are a couple of very real indications that things have not turned around and one indication is that there is a second wave of loans that are about to adjust and they are going to really have a negative impact on the financial market.

The other indicator is the unemployment rate that no one seemed to notice was and has continued to climb resulting in even more foreclosures in the coming months.

Click on this link to read about how the government failed to recognize this problem.

Option Arm Mortgages

Option Arm Adjustable Rate Mortgages are about to go through major resets, sending federal and state regulators scurrying to withstand a new wave of defaults and foreclosures.

National Foreclosure Prevention Services has had some success modifying Option Arm Mortgages, but there are several problems with these mortgages.

1.    Most loan modifications will be a principle and interest payment, where the H/O usually paid the minimum payment – not even the interest only payment.

2.    When the loan is modified chances are the payment will be higher than what the H/O is currently paying making it imposable to qualify.

3.    And because the H/O was paying the minimum and with the reduction of home values, chances are there is no equity and they owe more on the mortgage then they did when they purchased the home.

Most homeowners in an Option Arm Mortgage will either do a Short Sale or walk away from the house – there is very little up side to the picture. However, we do recommend having a conversation with your lender to see what they are willing to do to help.

Despite positive signs of a housing recovery – increasing home prices and sales in most markets nationwide – foreclosures have been continuing to rise, even before option ARMs become an area of concern.

I was reading a great article in Active Rain published by Jeff Geoghan that reinforces my position regarding loan modifications at The Coming Storm. I give props where props are due…he touched base on loan modifications as well and I know from actively doing them the banks/lenders are under staffed and inadequately prepared to handle this crisis.

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Avoid Foreclosure With Loss Mitigation

Modify Your Loan and Reduce Your Interest Rate

At National Foreclosure Prevention Services we helped our client reduce his monthly mortgage payment by using loss mitigation procedures. By modifying his loan, which reduced his interest rate he will save over $380 a month or just over $4,500 a year.

Visit our website at www.RIFPS.com for more information.

Click here for a 30 day free trial to Manage My Short Sale!