According to The Mortgage Bankers Association, a record 5.4 million homeowners in the United States are currently behind on their mortgage payments, as covered recently by The San Francisco Chronicle. As the economy weakens, taking the job market with it, the desperation level of these homeowners continues to grow. That combination makes for a fertile hunting ground for scammers looking to make a quick score. Being taken in a scam on a loan modification can cost a homeowner a lot more than the upfront fees which range from $1,500 to $5,000. If foreclosure is looming due to an extended period of missed payments the homeowner can literally lose the roof over his family’s head should he get burned by relying on a less than reputable company to handle this incredibly important mission.

Detecting and avoiding loan modification scams is a relatively simple task if one knows what to look for and where to look for it. Combine that knowledge with the willingness to spend a little time on due diligence and the homeowner can virtually eliminate the possibility of being scammed. The first priority is to a priority on working with an attorney to execute your loan modification. Follow that with getting some additional information. Get the attorney’s State Bar number. Ask whether the attorney will be representing you or the law office. Find out how long the office has been doing loan modifications and how many have been successfully executed.

Further due diligence can be done by investigating each firm at the local Better Business Bureau (www.bbb.org) and the website for the state bar in your area. Look for ratings, complaints and disciplinary actions. Sticking with accredited sites will give you a much better picture of the firms on your list than some of the sites that do not regulate content and can be used to post false information and misleading statements. Rip Off Report, Bad Biz Finder, and a variety of complaint sites are now being used by unscrupulous companies to discredit reputable firms without recourse. Steven Feldman, founder of The Feldman Law Center in California was recently attacked by one such site in February of 2008. In a recent interview he said, “When we started helping home owners avoid foreclosure with loan modifications there were just a few attorneys in the entire country providing this service. Now I think there are more loan mod companies and newbie attorneys doing loan mod’s than there are McDonald’s across the country.” Commenting on the attempted character assassinations on some of the sites being used as tools of lesser companies he said, “It’s amusing to me that these people even exist. It wasn’t until the Feldman Law Center assisted in shutting down these companies doing loan modification scams that these unfounded allegations hit the internet. I have been an attorney for 30 years and just can’t believe what I read these days.”

Get answers that satisfy your questions and accept nothing less. Work with an experienced law firm that meets your ethical standards. Get those two tasks completed and you are on your way to a successful loan modification. The team at The Feldman Law Center stands ready to answer any questions you might have regarding modifying the mortgage on your home. Please call them at (800) 527 8497.

The information contained herein is provided for general information and advertising purposes only and is not intended to convey a legal option nor legal advice for any particular case or situation. Nothing in this article shall create an attorney-client relationship. Nothing sent to this law office via e-mail shall constitute an attorney-client relationship. Nothing contained in this article shall be construed to be a guarantee or prediction of result. Prior results are provided for general information purposes only and do not guaranty, warranty or predict a similar outcome with respect to any future matter.   Results achieved depend on individual circumstances and not everyone will qualify or be successful in restructuring their mortgage loan.



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Continuous declines in United States’ housing values after the mid-2000s caused an increasing number of borrowers to explore the loan modification process in an attempt to avoid losing their homes to foreclosure. Unfortunately, a large number of homeowners who sought to have their loans modified were thwarted by lengthy and impersonal negotiation processes imposed by lenders, the borrowers’ inability to qualify for modified loans, and the unwillingness of banks to modify loans to affordable levels. In addition, too many of the borrowers who were able to successfully navigate through the loan modification waters later learned that their diligent efforts were ultimately in vain as the United States Comptroller of the Currency reported that over half of the loans modified in the first quarter of 2008 went into default within six months. In order to prevent the loan modification process from beginning to resemble a futile quest for the Holy Grail, it is essential to examine some of the key issues surrounding loan modifications.

Loan Modification Goals

Generally speaking, the primary reason that borrowers seek to have their home loans modified is to reduce the amount of their monthly payments. This result can be achieved by reducing the interest rate of the loan, extending the repayment period of the loan, preventing an interest rate from adjusting upward, reducing the principal balance owed, eliminating a negative amortization term, adding delinquent payments to the balance, or any combination of the aforementioned. It is not surprising that the modification goal most sought by borrowers also happens to be the request lenders have been most unwilling to grant: principal balance reductions. Although reductions in balances create significant losses for banks, it should also be noted that homeowners have been generally unwilling to continue to make mortgage payments when they believe that their home’s value will not exceed the amount that they owe against the property. Therefore, the failure to reduce balances via the loan modification process, coupled with declining housing values, may account for the U.S. Comptroller of the Currency’s finding that the majority of loans become delinquent shortly after being modified.

The Process

Although loan modification procedures and requirements vary from bank to bank, the typical process begins with a borrower contacting the bank’s loss mitigation department to request a loan modification. The lender will then send a loan modification application and forms to the borrower to be completed and returned to the lender. The bank will also require other documentation to be provided by the borrower in support of the application. This documentation may include bank statements, tax returns, pay stubs, a hardship letter and an appraisal or broker’s price opinion to show the current value of the property. After all of the requested documentation has been received by the lender, a bank representative or negotiator will eventually contact the borrower to make a proposal of the new loan terms or simply reject the initial modification application altogether. The borrower then either accepts the bank’s proposal or negotiates new terms until an agreement is reached and new loan documents are formally executed. It is also advisable for the borrower to regularly contact the loss mitigation department throughout the process to ensure that all documentation is being received and that the modification request is proceeding in a timely fashion.

Obstacles to Modification

The most obvious obstacle to successfully modifying a home loan is the borrower’s inability to qualify for the new modified loan. Once again, lender eligibility requirements for modification can differ greatly. However, Fannie Mae and Freddie Mae have implemented a Streamlined Modification Plan to more effectively respond to the increasing number of loan modification requests. Under this plan, the borrower must satisfy the following criteria: 1) the borrower has not filed bankruptcy 2) the borrower’s existing loan was originated prior to January 1, 2008; 3) the property securing the loan is owner-occupied and a single family residence; 4) the borrower is at least 90 days delinquent on the existing loan; 5) a 90% or higher loan-to-value ratio is present with the existing loan; 6) the payments after modification do not exceed 38% of the borrower’s gross monthly income; and 7) the borrower must successfully make 3 consecutive monthly payments after modification to demonstrate an ability to pay before the modification is formalized.

Also, lenders are generally under no legal obligation to modify loans for borrowers. Consequently, if a modification request becomes too cost prohibitive, banks will often take their chances with the foreclosure process instead. Lenders may also have inadequate staffing to handle the increasing number of modification requests without frequent borrower follow-up. A borrower’s property might also serve as security for more than one loan, and it can often be challenging to coordinate modification terms between multiple banks. Further, if the loan has been sold by the bank on the secondary loan market to any number of potential investors, the original loan will often be split into different fragments before pooling them with other portions of loans as mortgage-backed securities. In this case, it can be very difficult to coordinate with the many investors to obtain approval for the modification.

Finally, borrowers should be weary of a large number of fraudulent companies attempting to assist homeowners with the loan modification process. The mere fact that these companies are using seemingly reputable television commercials or websites as advertising mediums should not alleviate a borrower’s concerns. The rapidly increasing number of loan modification scam-artists has temporarily caught law enforcement off guard and it may take some time before these culprits are apprehended and their brazen actions are quelled. In the meantime, borrowers should be especially cautious when dealing with companies that demand fees in advance of any services to be provided as this practice in and of itself is prohibited by most state laws.

For further assistance with the loan modification process, it is advisable to contact an attorney or your local REALTOR®. In addition, the U.S. Department of Housing and Urban Development has a list of approved housing counseling agencies at www.hud.gov. When a borrower attempts to personally modify a home loan, it is essential to identify modification goals, understand the particular lender’s modification requirements, frequently check on the status of the application’s processing, and by very patient.



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Struggling home owners are scrambling to get modification loans. In order to increase your chances of approval, you need to know how to fill out the loan modification form correctly! This could mean the difference between saving your home and foreclosure!

The first step is to make sure you have everything the lender will require. You will need to contact your lender to make sure you have every loan modification form required by your bank. Here is a list of the most commonly required loan modification forms:

1. Borrower Statement: This is an information sheet that includes your name, address, social security number, and job history and dependent information. Basic facts will be required by all lenders.

2. Financial Statements: This is where you show the lender your current financial situation, including an itemization of your income and expenses. It is important to indicate the reason your current mortgage payment is not affordable and how a new modified (lower) payment would be affordable for you now.

3. Hardship Letter: This is where you will write an essay explaining your situation. You must tell the lender why you are currently or soon will be suffering a financial hardship. (Job loss, death in the family etc.) This is your chance to explain specifically why your current mortgage terms are out of your range and how changing the terms or lowering the payment will be within your new budget. This is SO important, take your time and make sure to stay on topic!

4. Cover Letter: This is your submission cover letter which should state the new terms or payment amount that you are requesting. It’s important to determine what you can afford ahead of time; this shows the lender that you are serious and have done your homework, adjusted your budget and will be able to meet the new obligation.

5. Rental Schedule: If you currently have rental properties, this is the form you will use to indicate your monthly cash flow and whatever equity is involved in the rental properties.

Again, be sure to find out specifically what your lender requires as far as loan modification forms. Each lender will have unique requirements.

The key to being approved for a loan modification is in filling out the forms! You must indicate why you are or will be suffering a financial hardship. You really need to do your homework before giving your lender any financial information regarding your current situation; once you turn in your documents you cannot make any changes! This is crucial! Take the time to prepare your budget and to be able to show what monthly payment and terms you can afford! You must be able to indicate that your budget will allow for this new modified payment as well as leaving you some disposable income left over.

The decision to approve or deny your loan modification request truly is based upon how thorough and prepared your application forms are. Talk to your lender, find out what loan modification form they require and then take the time to fill them out completely and accurately! This truly can be the difference between foreclosure and saving your home! It’s too important to leave to chance; you must do your research!

I have found a link that can assist you with your loan modification needs.

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It is possible that you are still able to get financial help through a FHA Loan Modification. Several people have chosen this loan scheme and some now have to deal with some very difficult financial situations, some as bad as foreclosure. There are ways to get everything sorted out. With some effort you can overcome any obstacle, even ones that look hopeless. Take a deep breath and consider some of your options.

If paying your monthly mortgage payment is becoming very difficult and stressful, this should tell you that you need a loan modification. The fact that you have sought out and are reading this article indicates that you want a lower monthly payment. You are not alone in this desire. There are ways to make this happen if you are a FHS Loan recipient.

A trained loan specialist may be able to help you sort this out in as simple a manner possible. It can be difficult to negotiate a modification so if you find you need help, get it. Loan modifications are meant to help you by lowering your monthly payments. It is worthwhile taking the time and effort to explore this route.

If you have a lower monthly payment, you will have more money to that is not tied to bills. More discretionary income means you will have reduced stress and more options, which you will notice immediately.

Find a specialist who is able to help you with your specific circumstances so you can modify your FHA loan. Only a few borrowers are aware of all the options available to them, and few know they are available immediately. Find out all the details and take action so you can get back to enjoying your life without financial stress.

When all is said and done, the more you know, the better off you will be. Don’t struggle with unmanageable payments when you can do something about it. Find someone who can help you get to loan modifications you need.

FHA Loan Modification is the answer to the stress of trying to make monthly payments. This article is meant to help you get started in sorting out your finances.

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As loan modifications have become more popular, it’s more important than ever to properly inform the public as to what the various elements surrounding loan modifications.

Q: Is a loan modification right for me?

A: A loan modification can be right for any homeowner who has a steady source of income and who is facing a serious financial challenge.

Q: Do I qualify for a loan modification?

A: Obviously it depends upon your situation.  If you contact a California loan modification attorney today, you could get more information to help you make an informed decision about your financial future.

Q: Do I need to be in default or late on my mortgage loan to get a loan modification?

A: No, loan modification standards have changed of late, and loan modifications can be negotiated for properties in default as well as current on their payments.

Q: What is forbearance?

A: Forbearance is a voluntary postponement of the foreclosure process by a lender.  A lender will refrain from foreclosure if some sort of negotiation can satisfy any overdue payments.  In most instances, unless a loan modification attorney is brought in, there is no change to the mortgage.  Forbearance is not the same as a mortgage loan modification.

Q: How are loan modifications negotiated?

A: Successful loan modifications are negotiated usually by qualified attorneys assisted by experts in various fields and other facilitators.  In this situation, a loan modification attorney will represent a homeowner in negotiating with the lender.  The loan modification attorney will attempt to convince the lender or bank that if the loan is modified the homeowner will be able to make payments and stay in the home.  Sometimes expert witnesses are used to make the case.

Q: Can I negotiate my own loan modification if I am a homeowner?

A: Yes you can.  However, without the knowledge of the industry, the law and how banks operate, you would be at a serious disadvantage.  A loan modification attorney with a qualified, experienced background understands the terminology, the history and how banks negotiate.  While you may never have negotiated a loan modification before, an experienced loan modification attorney may have negotiated hundreds, if not thousands of loan modifications successfully.

Q: What are the advantages of using a loan modification attorney?

A: There are actually quite a few benefits.  They usually get a quicker, positive response from lenders as they have the law on their side.  They also have experience dealing with the mountains of paperwork, the complex process and lenders who will do their best to negotiate a deal that benefits them and not you.

Q: What makes a loan modification acceptable to lenders?

A: In the end, your lender wants to make sure they are getting their money.  For a loan modification to be acceptable, the property owner needs to show two main facts: an obvious hardship and inability to keep making mortgage payments at the current rate; and the ability to continue paying the mortgage if payments are reduced.



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Obtaining a home equity loan makes it possible to payoff credit cards, finance a home improvement project, etc. In fact, one of the benefits of homeownership is being able to tap into your home’s equity for large expenses. Many lenders offer great rates on home equity loans and lines of credit. Yet, homeowners should beware home equity loan scams that place them at risk of losing their home.

Understanding Home Equity Basics

A home equity loan is essentially a personal loan that is secured by your home’s equity. The amount you are able to acquire will vary. For the most part, you are able to obtain a loan up to the amount of your home’s equity. However, lenders will usually review your credit and income to ensure that you qualify for the requested amount.

Home equity loans are beneficial because the funds may be used for a multitude of purposes. If you are looking to payoff credit card balances, a home equity loan will help you achieve this goal. Nonetheless, exercise care when applying for such a loan. Because your home serves as the collateral, failure to maintain regular payments will result in foreclosure. Sadly, some lenders are betting on your inability to repay a home equity loan.

Common Home Equity Loan Scams

Lenders use an array of fraudulent schemes to steal your equity. For starters, there are lenders who cleverly convince homeowners to borrow more than they can afford to pay.

Moreover, a lender may encourage homeowners to exaggerate their income in order to qualify for a larger amount. Instead of having your best interest in mind, these lenders knowingly position their clients for defeat. Hence, when you can no longer afford the payments, the lender forecloses.

If applying for a home equity loan, it is important to read the loan agreement carefully. If possible, have the contract reviewed by an attorney. Some home equity loans involve a large balloon payment at the end of the loan term. The typical homeowner cannot afford to pay this amount. Regardless of whether you maintain timely payments, the home equity lender may claim your home if you are unable to make the final payment.



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A home equity loan is that type of home equity mortgage acquired with your home property taken in as collateral. The home equity value is actually the difference between your home’s current market and the amount of mortgage that you owe.

 

People apply for home equity loan for many different reasons. The most common of them is the serious need for some amount of cash money on hand to be used for purposes such as college tuition fees or perhaps home improvements.

 

What Are The Advantages

 

Debt Consolidation

 

Another simple reason that home owners consider when wanting to take a home equity mortgage of their property is to consolidate their debts. Therefore, instead of dealing with a number of personal loans, you will then have to deal with only one payment monthly because of debt consolidation. Thus, one due date needs to be remembered as well as the amount that is needed to be paid. One loan means a much easier planning of your financial and budgetary concerns.

 

Home Improvements

 

As already said, home owners likewise can use home equity loan for the improvement of their home properties. These types of loans do offer great interest rates when it comes to home improvement. They likewise help in improving the value of your property with the increase in equity and the writing off of charges in interests on tax returns.

 

Simply put, the main advantages of home equity loans are low and tax-deductible interests. It is likewise a quick and easy way to acquiring a sizable amount of cash.

 

What Are The Disadvantages

 

Where there is positive side, there must also be negative side. You must remember that your house will be used as the main collateral. Thus, the failure to refund the home equity mortgage loan certainly will result in foreclosure, meaning, you lose your ownership to your property if you fail pay your loan obligations.

 

Increasing interest rates

 

Another bad aspect of home equity loan is the ever increasing interest rates. Most rates of home loan vary according to the current economy condition. With a changing interest rate, your monthly loan payments may either increase or decrease in its amount. Therefore it is a must that you are aware of your interest rate cap.

 

The cap actually decides on how high the interest rates can increase annually and how much it can increase its amount over the entire duration of the loan. Likewise, it is best for you to inquire from your lender about whatever possible fees involved with the home equity mortgage loan.  It is possible that lenders will decide to charge you will simply all possible fees there is. Some of the fees include application fees and withdrawal fees.

 

Before you get a home equity loan, better consider how the overall economy and property market is doing. If the prices of home property are going down, it is advisable to not consider getting such type of loan as the home equity value will be lower.



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