TARP Program Under Presure

The Government’s Attempt To Lean On Mortgage Companies

The $50 billion plan got off to a slow start, but government officials say that in hopes of trying to convert more troubled home loans to lower monthly payments, they are pressing the industry hard to improve their performance. One of those ways is not to pay the bank until a permanent modification is in place as opposed to the trial started. Still, many housing advocates have been disappointed with the plan’s progress and say that getting a loan modification is still a battle.

There are some that are saying it is more cost effective for the lender to foreclose on the property rather than offering a loan modification. The National Consumer Law Center put together a great article on that very subject.

CLICK ON THE LINK BELOW “TO FORECLOSE OR TO MODIFY” AND DOWNLOAD YOUR FREE COPY OF THIS 60 PAGE REPORT

To Foreclose or to Modify

Why Servicers Foreclose When They Should Modify

Economists doubt the Obama administration will reach its broad goal of helping 3 to 4 million borrowers within three years and I can agree with that statement because of the shear scope of the problem.

There are not enough qualified loss mitigation negotiators in place at the banks to handle this problem and I’m sure there is an internal shuffle of staff to address the issue. Traditionally mortgage servicers were low-cost operations, with workers in collections departments trying to collect payments from tardy borrowers.

Those workers, and thousands of new ones, are now engaged in a far different job – figuring out whether thousands of borrowers qualify for help or not and while the banks are trying to get to as many cases as possible the collections department is also in full swing calling H/O’s and pressuring them to make a payment “or else”.

We will discuss the different collection tactics lenders use with what to say to them and how to overcome their questions in another article.

For the most part banks have been slow to adapt to an unfamiliar climate of sinking home prices and soaring unemployment resulting in people not being able to pay their mortgage on time and people not refinancing to a lower interest rate to pay down other debt.

Even as foreclosures and delinquencies were soaring, everybody underestimated how ugly the housing picture was and how bad it was going to get. And with rising foreclosures and depress home prices there is still a threat to the sustainability of the fledgling economic recovery.

A recent report from the Mortgage Bankers Association found that 14 percent of homeowners with mortgages were either behind on payments or in foreclosure and as long as unemployment continues to rise more and more families will be threatened.

The Congressional Oversight Panel, a committee that monitors spending under Treasury’s bailout program, concluded in a report last month that foreclosures are now threatening families who took out conventional, fixed-rate mortgages and put down payments of 10 to 20 percent on homes that would have been within their means in a normal market.

Treasury’s program, known as the Home Affordable Modification Program, “is targeted at the housing crisis as it existed six months ago, rather than as it exists right now,” the report said.

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At National Foreclosure Prevention Services we are dedicated to keeping our clients from becoming another statistic through education and guidance.

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The “Original Note”

I was attending a real estate seminar several months ago and I had a chance to introduce myself, explain why I was attending and what I was hoping to accomplish from the seminar. When we broke for lunch I was approached by a gentleman who proceeded to tell me that I should ask the lender to produce the original mortgage note and if they could not then they were unable to foreclose on the property.

National Foreclosure Prevention Service does engage a number of attorneys to help facilitate the loss mitigation process, but we are also mindful of the cost involved in mitigating a loan modification. We realize that our clients are in financial distress and we would like to keep the cost of our services reasonable-having to litigate with a bank to produce the note could be both costly and time consuming.

That is not to say we don’t ask the question, but we would much rather attempt a working relationship with the lender and request a true loan modification that would be amicable to my client and the lender. That being said – most of the notes we have requested have been produced and the rest have either caused delays in our request for a modification or our request was approved before we needed to see the original note (my client makes that final decision).

When we get a new client we always offer a free consultation and we ask the homeowner to discuss their options with their significant other before making a decision. We also encourage them to speak to other companies or organizations to get a feel for the conversation and a feel for the answers to their questions.

National Foreclosure Prevention Service offers a free initial consultation to all homeowners looking for options to foreclosure.

Most if not all of our business is referred to us through our network of mortgage brokers, real estate agents, investors and attorneys so we don’t have that issue-but we still do the free consultation and we still ask them to think about what they want to do and then call us if they want to move forward.

For more information click here on Produce the Note.

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