PALM BEACH GARDENS, Fla. (MarketWatch) -- You're suddenly
notified of a higher monthly mortgage payment and you're unable to
afford it. Yet you already have a substantial down payment on your
home and have been paying your mortgage on time for a few years,
building up some equity.
You would think that would make you a good candidate for a loan
modification, a change in the terms of your mortgage that would
result in a payment you can afford. But you could be in for a
surprise.
Lenders may actually be quicker to foreclose on your home than they
would on that of your neighbor, who put no money down and owes more
than the home is worth!
Why? Lenders would rather foreclose when they believe they can sell
the home and recover out-of-pocket expenses, principal and interest
and fees, says Warren Brasch, a Farmington Hills, Mich., consumer
attorney and mortgage company general counsel.
If you have substantial equity in your home, the chances the lender
can sell and recoup the entire mortgage balance are much greater.
Although it seems counterintuitive, you might have a better chance
at negotiating a loan modification if you start letting your
payments lapse. A missed loan payment can strengthen your case,
according to Brasch.
If you do seek a loan modification, expect to feel like you're
beating your head against a brick wall. But don't give up. Too many
people do, according to Brasch.
"This is a problem that will not go away by itself. It will result
in a sheriff's sale, foreclosure and eviction."
Loan modification is "not a panacea," Brasch said. "There's just not
a perfect solution to these problems. Typically, servicers will
insist upon accrued interest."
This generally means that a modification will lower your monthly
mortgage payment or let you skip a few payments, but the term of
your loan will be extended. Bottom line: You're paying off at least
the same amount of debt and sometimes more.
Expect frustration
To get the process started, it's always best to ask for a lender's
"loan mitigation department" or the "real estate owned (REO)
department." Still, getting a modification can prove frustrating.
"I can tell you the process takes a few hours a day regularly -- for
anywhere from four to eight weeks. Some servicers have set up call
centers in India, for example..."
Expect documents and records to get lost as they're faxed back and
forth.
"I have clients who started making phone calls and faxes to four or
five different people, a supervisor, were transferred to a division
in Florida and ended up with a person in Southern California."
Get a supervisor's name, and expect the process to repeat itself. It
can be a tough task if you have to work for a living.
The key is to prepare in advance, and let your lender know up front,
with complete documentation, what kind of payment you can afford.
This involves some homework before getting on the phone. Round up
recent pay stubs, current or prior year W-2 forms, bank statements,
property tax bills and insurance bills. If possible, obtain
appraisal information for your home. Many property assessors'
offices will have data online or you can obtain an estimate of value
on real estate Web sites, although those are often inaccurate.
Have you already tried unsuccessfully to sell your home? Have copies
of your property listing agreement with the real estate agent. This
way, you can demonstrate, for example, that you owe $200,000 on the
mortgage and you haven't received a single offer on your $180,000
listing price in three months.
Calculate your debt-to-income ratio in advance. This can be key to
determining what kind of payment you can afford. A number of online
calculators can help with this calculation. One good one is at
http://hffo.cuna.org/12433/article/316.html.
"Make a point of showing and documenting to people you communicate
with that there's no possibility I can afford the debts exceeding
monthly income. I need to cut my payment to X dollars per month to
make mortgage payments."
Credit dings
Always keep in mind that the lender and servicer don't want to go
through the expense of evicting you. They prefer the option makes
them more money or costs the least. Present your solution with that
in mind.
Remember that interest-rate reductions don't show up on credit
reports. But expect any payment modification to show up on your
credit report and hurt your future efforts to obtain loans. Don't
expect a loan modification to necessarily get you out of debt
either.
But Brasch believes a loan modification may be faster and more
lucrative than attempting to sue your lender for predatory lending
violations, if you think your jump in payment is abusive.
"Simply because a mortgage is facing an interest rate reset doesn't
mean a homeowner was a victim of predatory lending," he warns.
"Those that buy mortgages look over the paperwork carefully for
loans written in violation of predatory lending laws."
Spouses Gail Liberman and Alan Lavine are syndicated columnists.
Their latest book is "Quick Steps to Financial Stability" (Que/Penguin).
You can contact them at www.moneycouple.com.