The choice to modify a home mortgage is a decision that should not be taken very lightly. Mortgage modification seems to be hot topic right now. The Federal Government has passed three pieces of legislation this year encouraging distressed homeowners to contact their mortgage companies and seek modification options.
The only problem is that when homeowners contact the company who they thought owned the mortgage, it turns out that the mortgage was rolled into stock or securities. This process is where an asset, like a mortgage, is pooled and packaged into a security and sold to investors. Simply put, your mortgage is owned by an investor, not the company that you pay your monthly payment to.
Once you begin the process you realize that there are many players in a mortgage transaction. You may have dealt with a loan originator, broker, attorney, document custodians, mortgage servicers and trustees. As if this wasn’t frustrating enough, now you find out that the servicer doesn’t own or hold the promissory note and mortgage on your home. So, who is the real party that you can call to modify your home loan?
Normally, in the mortgage modification process, you would start with the company that you make your payments to. This company could be a mortgage servicer or a mortgage company holding and servicing its own loans. I would ask them immediately if they own and hold the note and mortgage. If the company is a servicer, request that everything they tell you be put into writing. If they will not put their words into writing, I would highly suggest that you put their words into writing and send them back to them via U.S. Mail or ask their permission to record the phone conversation so you don’t mistake their advice. Why would you want to do this? Because the mortgage servicer makes more money when you default. This may not be true of all servicers but it is something you should be aware of.
Captaloans provides lead and loan pipeline tools for mortgage brokers and loan modification businesses.

