Mortgage Modifications: Get it in Writing!
By Doug Jacobs on May 3, 2008 in Featured, Foreclosure Solutions
More and more consumers are working with their mortgage companies (or mortgage service companies) to arrange modifications or their loans.
If you are going to seek a modification of your mortgage, do yourself two favors. First, keep a written log of who you were talking and their phone number. Second, make sure any agreements are put in writing and sent or faxed to you by the mortgage or servicing company.
It’s the second of these two that is the most important. You may be speaking with a qualified representative of one department but they might not be communicating with the foreclosure apartment or the bankruptcy department or the legal department. It is therefore quite possible, even likely, that although the modification department has agreed to do something about your loan, the foreclosure department isn’t even aware of it until after your property has been sold! A written agreement can be faxed or sent by you to the right department to make sure such a thing doesn’t happen.
Additionally, with a writing you will know exactly what was agreed to, how much you need to pay and when the payments are due. It will also force the mortgage or servicing company to commit to their terms.
Too often, there are promises made dependent upon you just sending another payment or two. Once those payments are received sometimes those unwritten promises are forgotten, or the manager won’t approve them. Better to get it writing!
If you liked that post, then try these...
Loan Modification: Who Ya Gonna Call? Part II by Carmen Dellutri on April 30th, 2008
Yes, the government has passed pages and pages of legislation and they have talked this problem to death, but they cannot seem to grasp the basic communication problems going on here.
What is the Difference Between My Interest Rate and the APR? by Eugene S. Melchionne, Connecticut Consumer Attorney on May 11th, 2008
When shopping for a mortgage loan, most consumers are concerned with the interest rate of the loan.
Federal Government Investigates The Mortgage Industry by Jay Fleischman, New York Consumer Attorney on May 5th, 2008
According to the New York Times, the Federal Bureau of Investigation and the criminal division of the Internal Revenue Service have formed a task force to examine mortgages that were made with little or no proof of the earnings or assets of borrowers.
Are Mortgage Lenders Easing Up? by Doug Jacobs on April 20th, 2008
Recently, I’ve seen several cases where the mortgagor is relaxing their heretofore steadfast position against re-structuring mortgages.
Modifying mortgages in Wonderland by Cathy Moran, California Bankruptcy Attorney on April 10th, 2008
I got a taste of the present, bizarre aspect of bankruptcy law this week when I could help one new client strip down an underwater second mortgage on an investment property, but could not do the same for the next client's family home.
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