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Loan Modifications Are A Bust

Category: Real Estate News  |  Permalink

Published: Tuesday, March 16, 2010

It is a well known fact that lenders and loan servicers have a marked aversion to loan renegotiations. Lenders do everything they can, and often deliberately avoid doing anything at all, to escape direct contact with the borrower. Federal incentives to encourage loan renegotiation have had low-level and mixed successes, at best; at worst, the loan modifications that result tend to lead to eventual foreclosure. The vast majority of homeowners who do achieve some form of loan modification are unable to reduce (cram down) the balance on their loans, and most redefault on their modified mortgages within six months.

It is an equally well-known fact that foreclosure is an expensive process for lenders and, under 2010 resale market prices, dramatically more expensive and (once initiated) unstoppable than any lost income from an individual loan modification. This second fact has led to some confusion among policy-makers and economists, who cannot comprehend lender rationale for avoiding loan modifications. A variety of economic hypotheses exist to explain lender aversion towards modifications, but policy makers are only beginning to comprehend the basis for this somewhat counterintuitive situation.

One of the most common explanations for the general failure of mortgage holders to renegotiate real estate loans in the face of high foreclosure and real estate owned (REO) resale costs is the high degree of securitization in the current mortgage markets. As loans were bundled into pools funded by Wall Street bankers' issuing mortgaged-backed bonds (MBBs) to thousands of investors, and ownership within the pools was divided between assorted parties (tranches) with differing priorities for claims on principal and interest, it became more difficult for those assorted tranches to agree to act in unison to prevent foreclosure, even when such an action was in their best interest. Much current policy, such as the federal Making Home Affordable (MHA) Plan, is based on this theory: if the road is cleared by small incentives, economists seem to say, lenders will rush to help buyers, and help themselves in the process.

My goal is to help as many people as I can by given them some options before they walk away from their homes or even answer any questions you have on the list below.

  • How long do I have once I get a Default Notice?
  • How long do I have once I get a Notice of Sale?
  • Can a notice of sale be postponed?
  • Should I just walk away from my home?
  • Should I short sale may home and why is that an advantage for my credit?
  • The truth about loam modifications?
  • Should I go with an attorney that uses Forensic Audits to do loan modifications?
  • The truth about lending laws (Tila, Respa, Reg Z)?
  • Don't ever pay up front for a loan modification, until you know you qualify.
  • How does a short sale work?
  • The advantage of a short sale over a loan modification?

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