Loan Modifications Slow – Bankruptcy Better Option to Save Your Home

The Obama administration released figures at the end of last week indicating that only 32,000 homeowners have entered into final loan modifications under the HAM program this year. That is out of the several million homeowners that are likely eligible. These results show that lenders are slow or unwilling to finalize modifications to save homeowners. Lenders are putting homeowners in 3 month trial plans that are lasting 6 months and not leading to final modifications.

A Chapter 13 bankruptcy can result in elimination of 2nd mortgages and other debts and allowing homeowners to keep their homes. A Chapter 7 can still allow homeowners to keep their homes as well through reaffirmation agreements. The additional bonus is that the bankruptcy puts a stop on foreclosure or eviction proceedings, resulting in additional time for the banks to get their acts together and start finalizing modifications. Homeowners without this protection are relying on lenders telling them they will hold off on selling the home, but that is not a legally binding agreement. I get new clients who tell me their lender said they were working with them and not to worry, only to get an eviction notice stating their home has already been sold.

Now is the time to take action. Do not rely on a customer service rep telling you not to worry, they won’t sell your house, because they will. You will never hear from that person again and they are not about to help you find a new place to live.

For a free consultation with an actual attorney and not a paralegal or assistant, call us today. 888-881-6591.

Loan Mod Delays – Trial Plans

Many homeowners have been put into what the banks call trial plans or forbearance plans. They are usually setup as a 3 month trial plan under the HAMP program; however, most homeowners end up being told to keep paying months after the initial 3 months. Remember that banks are under no obligation to provide final loan modifications. They may be doing certain unfair business practices, fraud, or other misdeeds in their interactions with you, but without taking them to court, homeowners will have no real way to put any pressure on the lender or servicing company.

Often times a bankruptcy filing is also another way to save the home and put pressure on the lender to work something out; however, the legislation that would have given judges the power to force modifications was defeated this last summer, so they don’t have cram down powers at this point.

Our office can review your situation to determine if you have enough evidence to support filing a lawsuit against the lender or servicing company or if a bankruptcy filing would benefit you and help save your home.

Contact us to have a consultation with a licensed attorney.