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    Declining a modification?

    The skinny:

    Mortgage IIB7 in 2007, ride through until Aug of 2010, stopped paying after failed HAMP and then failed in-house modification (failed=declined). House is approx $75-$100k underwater and values in that neighborhood are still falling fast. House is an investment multifamily property.

    Mortgage was transferred to LBPS (now Seterus) last fall. Since March, we've been in application for an in-house mod. Foreclosure process has not proceeded past the Notice of Acceleration, which has been sent three times, most latest to expire June 21st.

    Finally received word that a modification was approved. Terms are as follows:

    1) Interest drop from 6.75 to 2.5 for the next five years, then up 1% each year to a max fixed of 4.5%.

    2) Missed interest, taxes, insurance, late fees, etc to be rolled back into the loan, increasing the principal from 250k +/- to 270k +/-.

    3) The payment drops from 2100k/month to $1600k/month.

    3) First payment to be due August 1st.

    4) This is a permanent mod, not a trial and so therefore, the foreclosure process halts completely and would begin anew if we default after accepting.

    Obviously, this mod is really not a great deal. I mean, you're taking a house that's already severely underwater and making it further underwater. It's a temporary fix as well.

    Does anybody have any experience with the process of foreclosure after you've declined a modification? Think it will pick up where they left off, or do you think they will have to start the whole process all over again (assuming we do not accept the mod as opposed to accepting and then defaulting down the road).

    How about sending the modification back and asking for consideration of different terms? We were hoping for a principle reduction (I know....very rare, but, apparently it's becoming more of an option for some lenders).

    Thoughts?

    #2
    I'm in a very similar situation, failed on HAMP then got approved for a "MOD 24".. but we took and accepted the mod because.. upon looking at rentals, it's a huge home owner's rent/lease market. Rental rates are up especially if you want to live in a "decent" area. Even going down 1k sq ft., a rental would be several hundred more than what we are paying on our mod.

    So, most of my terms are like yours.. 5 years at 2.5% going up 1% each year.. but our's tops out at almost 5%. They also will tag onto the loan all the fees and garbage. Loan is still underwater even on this 1st by $50-75k.

    On paper, the banks still make out (if you go full term on the perm loan mod). But our plan is to ride this until it "makes sense" to walk away again. I don't know exactly when that will be... whatever makes the most financial sense for our family. Of course, the original loan was discharged in BK, so there was also a BK rider attached to the loan mod papers which basically states this.

    Anyone who's in the loan mod process, make sure this rider is there in the loan mod docs!
    Retained Lawyer: 04/2009 Filed: 09/2009 341 Meeting: 10/2009 Discharged: 12/2009 Asset: 05/2010 made asset Closed: 07/2013 after 47 long months

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      #3
      Its not a terrible deal if your mortgage payment is similar to renting, and you get the write off at tax season.

      Comment


        #4
        Of course, the original loan was discharged in BK, so there was also a BK rider attached to the loan mod papers which basically states this.

        Anyone who's in the loan mod process, make sure this rider is there in the loan mod docs!
        Interesting...do you mean to say that you will be able to walk away from your modification? Free and clear? Because your original loan was IIB?
        Any opinion expressed is based on personal experience and/or research. i.e.

        Comment


          #5
          IamIrene,

          That is correct. The new payment is only a MODIFICATION of the original loan, not a new loan. The underlying loan was IIB, so its up to OP whether to stay or go. Now if they would have REAFFIRMED the original (or modified) loan, they they would be on the hook for any defiency according to state laws.

          Comment


            #6
            Originally posted by IamIrene View Post
            Interesting...do you mean to say that you will be able to walk away from your modification? Free and clear? Because your original loan was IIB?
            That is the point of the BK rider, that the original loan was discharged in BK. So, this "loan mod" is just a "modification" of the original loan (which it actually is). So, you are modifying a loan that's already been discharged in BK... so, based on our BK system, the loan is still legally discharged from the BK. At least, this is what the general consensus seems to be. We have yet to see (to my knowledge) a mortgage lender court case where they tried to go after home owners with loan mods based on federal legally discharged original loans.

            It begs the question, why would banks go for these mods then? Actually, they can refuse to. I have no great answer for that. But possibly because there are all these loan mod programs out there right now. Maybe banks have more pressure these days to offer and approve mods. Also, it might be better financially so the banks do not have to go through the foreclosure process (unless you stop paying again) and get half the value... then can just do a loan mod and collect on a higher value of the home still (but for how long?).. And which bank wants even more foreclosures on their books?

            The years just keep going on... and the housing market is still bad. I guess it's still going to take yet even a few "more" years for this housing market to "bounce back" (darn terms...). Time will tell.
            Retained Lawyer: 04/2009 Filed: 09/2009 341 Meeting: 10/2009 Discharged: 12/2009 Asset: 05/2010 made asset Closed: 07/2013 after 47 long months

            Comment


              #7
              Excellent! For some reason I'd thought it was a whole new loan. Glad to get the facts straight!
              Any opinion expressed is based on personal experience and/or research. i.e.

              Comment

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