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Modification Offer; opinions please

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    Modification Offer; opinions please

    Background: My proclivity to spend above my means culminated in me creating the dental practice of my dreams (costs be damned) which never broke even and forced me (and my wife, who had been compelled to sign the office lease agreement and was linked to the CC debt) to file for chapter 7 Nov of '09 ($1.4M no asset case); we recieved a discharge in Feb of '10.

    The Mortgage: We had 2 (80%/20%) GMAC 30 yr fixed (@6.5%/10.5%) loans when we bought the house in 2007. 1st Mortgage had about $245,000 left when we stopped paying in 12/09; 2nd Mortgage has about $60,000 left (plus GMAC sold this loan to SLS right before our bankruptcy, dumb luck for them I guess).

    The House: We had it valued at $275 for the BK; bank had a drive-by appraisal done this summer for $310,000. Not sure what it is really worth. We paid $306,000 in '07 (this is in a very nice suburb of Hartford, CT where property values have held up pretty well) and have upgraded the windows, added a deck and fenced the back yard; but the northern side exterior paint is peeling, the water heater and furnace are near their ends, chimney needs relining...75 year old house stuff...

    Anyway, we decided that the $2600 a month that it was costing us to service the two loans with escrow was too much for us. We settled on a housing payment of $2000 and were going to ride out the foreclosure and then rent. In the middle of the summer we got an unprompted modification letter from the 2nd, forgiving the missed payments (principal and interest) and cutting the % for the rest of the loan to 4.5%. I didn't call the 2nd, but that offer encouraged me to enquire with GMAC about a modification of the 1st. The sent me the HAMP stuff, for which I knew we wouldn't qualify; I dragged my feet and let the foreclosure keep going, but finally sent the stuff in, was rejected last week for HAMP and got called with an in-house offer today.

    The Offer: I don't have it in writing yet (I told her to send it along and I would look at it). Lawyer's fees, missed payments, etc. get dumped into the loan; term goes to 40 yrs at 4.25%. So $1774.45 on Oct 1st (which would be fore November) then $1695.70 due 1st of the month starting in December. That payment includes escrow. Unclear on the phone whether the discharge would still stick (she said it was just a reamortization of the original loan, so I would think we would be good).

    So what do you think? Obviously we would be paying a lot in interest due to the 40 yr term and very slowly building equity, but we are only planning on living here for 3-10 more years, and if we can get a decent settlement (or modification) on the 2nd we would instantly get at least some equity, which makes this better than renting (not to mention not having to move). Also, if it just doesn't work out with the 2nd, we can still walk away.

    Sorry for such a long post. Thanks in advance for your thoughts.

    #2
    I take it from the silence that either it seems like a decent deal or I put you all to sleep.

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      #3
      We got offered a load mod for a 40 yr. term. The rate is a step rate for 5 years, and ends at 4.25% after year 8 for the remaining 32 years. Our late payments were added to the back end as well. The way we look at it, is we are needing to rent somewhere and we cannot rent cheaper than what our bank offered us (Bank of America). The payment including escrow is 1225.83 for 5 years, and eventually ends at $1580.00 year 8 and beyond. We also can still walk away at any point as we still have our discharge. The 2nd mortgage is with Chase and we haven't heard a peep out of them, but their loan is way underwater and has been discharged, so we are hoping if/when they contact us we will discuss a settlement for pennies on the dollar. We are taking it day by day. At any rate I'm just telling you what we were offered and our thoughts about staying/vs. renting elsewhere. I think you are in a win/win situation so you need to decide what would be best for you and your family. Good luck!

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        #4
        Thanks for the input. Sounds like this is pretty standard. I guess it works well for both parties. If I stick around for a while and home values go back up, and I can settle the 2nd for a bit lower, then when I sell the 1st will recoup everything (including fees) and I'll have some money to put towards a new house. And also, you're right, it's cheaper then renting a similar house.

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          #5
          I think its a good deal,We couldnt get anywhere with a Wachovia mod.So now its time to file a 13..

          Comment


            #6
            Originally posted by jrs View Post
            I think its a good deal,We couldnt get anywhere with a Wachovia mod.So now its time to file a 13..
            Yeah, I feel for anyone trying to get a modification pre-bankruptcy. It was fairly easy for us to come to the table with our chapter 7 discharge, 6 months into a foreclosure, and willing to move if we didn't get a deal we liked. Seems like this deal is pretty fair, just have to get it in the mail and read the fine print! Good luck with the 13.

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