Loan Modification, bankruptcy, debt settlement

Loan Modifications to begin including principal reductions

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save your home

save your home

Millions of homeowners who are underwater on their mortgages are looking for a way to convince their lender to lower the amount they owe.  Many want to remain in their homes but its simply too tempting to walk away.

Getting a principal reduction has always been an almost impossible task.  Lenders were willing to cut interest rates, reschedule payments, even write off some late fees, but they were hard lined against forgiving even a dollar of the principal balance owed. The Obama administration’s loan modification programs have avoided the subject, focusing on lowering homeowners monthly payments instead.

This looks to be on the verge of significant change. Bank of America recently unveiled the mortgage industry’s first large-scale principal forgiveness program, potentially involving up to 45,000 underwater borrowers and $3 billion in debt write-offs.

The Treasury Department has confirmed that the administration is examining debt forgiveness options as potential add-on features to its existing mortgage modification (HAMP) programs. The changes could be announced within the next few weeks and, if adopted by the industry, could ultimately affect loan modifications offered by substantial numbers of banks and mortgage companies.

Bank of America’s new program targets borrowers who are deeply underwater, those with loan-to-value (LTV) ratios of 120 percent or more. This means they owe 20% or more on their mortgage balances than the current market price of their homes. The program has a 30% maximum reduction of any principal balance.

The program targets three mortgage products: subprime loans (payment-option mortgages with negative amortization features) and adjustables that offered teaser interest rates for the first two years, then converted into loans whose rates adjust annually.

As part of its ongoing loan-modification efforts, the bank will look to “earned” or phased-in principal forgiveness as the first step toward keeping an underwater borrower out of foreclosure. Previously the bank, along with the rest of the lending industry, looked first to lowering a homeowner’s interest rate and monthly payments. Under the new program, severely underwater borrowers will be evaluated for principal reduction as the first step in a modification.

If you meet certain eligibility requirements, the new program could reduce your balance and your new payments would be based on the lowered principal debt and possibly a lower note rate. This would be accomplished by the creation of an interest-free forbearance account covering a five-year period. Assuming you made regular payments at the modified, lower amount during the first year, some principal balance would then be forgiven.  Finally some relief for homeowners!

The same would be true for the second and third years.  During the fourth and fifth years, the bank would appraise your property. If its value had appreciated in either year to the point where your LTV dropped below 100 percent — you were no longer underwater but still benefiting from the lowered payments — there would be no forgiveness for that year. On the other hand, if you remained underwater, you would receive the scheduled reduction again.

Other banks such as Wells Fargo are anticipated to also join in on the program. If the Obama administration moves ahead with principal forgiveness it might become the lifeline the homeowners have been looking for.

What is foreclosure mediation?

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Foreclosure mediation attempts to allow the lender to collect money owed, the homeowner to keep their home, and an agreement to be made on payments that are fair for both parties involved.Who among us has purchased a home they really couldn’t afford and went into foreclosure?  Judging from the numbers it appears to be a whole boat load.  The foreclosure mediation program is designed as a way to protect people from losing a home and help the banks limit the number of foreclosure properties they are stuck with. When you go through foreclosure mediation, you will meet in court and with the lender to come up with a way to pay back the arrearages.

When you go through foreclosure mediation our mediators will attempt to allow you to keep your home.  The laws have made this process available to Americans to help them avoid foreclosure.  You will need to show proof of income and a determination of keeping your property.

When people go through foreclosure mediation and want to keep their home they are able to make some type of solution with mediation.  The judge, you, and the lender will come up with an entirely new loan the bank is happy with, that has payments you can afford, and everyone will be in agreement. Walking away happy is not always the case when people go to mediation. You must have a plan in place and verbally express to the lender how willing you are to save your property.

Foreclosure mediation came about to help millions of Americans stay in their homes and reduce foreclosures.  This process helps people who agreed to balloon mortgages and did not know how their monthly payment could double. Mediation allows the homeowner to keep their property. It saves the bank from losing the funds from another loan and it makes everyone involved happy with the outcome. The solution may not work for everyone but often times it is a very good solution.

Bill proposed to help Commercial Loan Mods

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commercial real estate

commercial real estate

Commercial real estate is predicted to be the next crashing real estate bubble with billions of dollars in troubled loans come due every month.  Commercial loan modifications continue to be on the rise but a bill introduced this year could help bring foreign investors to the area of commercial real esate.

Joseph Crowley out of NY is helping bring the Real Estate Revitalization Act of 2010.  It would eliminate certain taxes that were part of the Foreign Investment Real Estate Property Tax of 1980. FIRPTA requires foreign investors to pay as much as a 55% tax on capital gains from the sale of U.S. real estate. Thats a pretty stiff tax.  Repealing the tax could get rid of a major impediment to foreign investment in the sector and help open the market to new liquidity at a time when commercial real estate loan defaults pose a serious risk to the nation’s economy.

The bill’s supporters say the tax penalizes foreign investors who want to put cash into U.S. real estate because those same investors don’t face such taxes when they buy into other U.S. assets, like Treasury securities, corporate equities or corporate bonds.

If a British citizen buys stock in Starbucks and later sells stock that person is not subject to tax in the U.S. and only pays UK-levied taxes. But if he buys and sells REIT shares, he will pay an additional tax on the sale of those shares.  This is crazy, quoted one Japanese who appeared drunk out of his mind as he exited a mid town sushi bar.

Investors have become particularly sensitive to the tax in the current recession where property values and rent revenue have have taken a dive.  Industry analysts say there is demand from foreign investors.  Currently, foreign investors make up only about 10% of the acquisitions of U.S. commercial real estate.  However, some opponents are not in favor. “Removing the tax could help China basically buy up all our land and then lease it back to us.  Good times.”

Hiring an Experienced Loan Modification Attorney

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Many families are struggling with job loss and many are seeking a loan modifications to save their home. Lenders are shown that they are not willing to easily modify a loan and often initiate steps for foreclosure the moment you default your secong monthly payment.   They dont care about your house, your family, or the economy.  They are simply in it for the money.  This is capitalism at its best peopole.  But you can avoid foreclosure by carefully planning steps to help you remain in your home.

You will soon find that hiring an experienced loan modification team will work to your advantage. Usually, loan modification involves reducing the monthly payments to an affordable scale, reduction of interest rates, enhanced repayment time frame and in rare cases, waiving off one or two missed payments.

A valid hardship is the first thing the bank will be looking at.  Lenders will be receptive to modifying a loan if you are out of work, behind in your payment, have excessive medical bills, or if your house is worth less than what you owe.  In this case you can and should ask for a loan modification.

You should present all facts regarding your hardship to your attorney including your existing debts, medical bills, tax returns, utility expenses etc.  Also they should be accompanied with a heart felt and coherent hardship letter.  Make sure there is no cursing in the hardship letter.  Our studies have shown that using the word fuck in your hardship greatly reduces your chances.

The advantage of an experienced mitigation team is that they the expertise and field tactics to make your lender respond.  They are going to be skilled in cusumer laws related to foreclosure and usually the kama sutra.