As many homeowners are painfully aware, the national housing market has suffered from one of the worst economic crises in the history of our nation. Not only have home values declined sharply in recent years, many homeowners have suffered drastic reductions in income as well. As such, countless Americans now find themselves either presently unable or likely to become unable in the near future to meet the financial obligations of their home loans.
Due to this widespread problem, many lending institutions find themselves in the position of having to sell substantial numbers of foreclosed properties in an effort to recover funds from homeowners unable meet the obligations of their loans. In many cases, it is in the interest of the lending institution to voluntarily renegotiate the terms of a home loan rather than foreclose on the property. Because the homeowner generally desires to remain in possession of the home, loan modification has become a “win win” scenario in these cases.
Home Loan Modification
Such modifications are common in cases where the borrower is either presently unable to repay the loan on the existing terms or is likely to have such an issue in the near future. Successful loan modifications may include a reduction in the rate of interest, forgiveness of a past due balance, lower monthly payments, an extension of the loan’s term, an entirely different type of loan, a fixed interest rate rather than one subject to adjustment or some combination of these modifications.
It is important to first assess a potential client’s financial circumstances to evaluate the likelihood of obtaining a favorable loan modification. Representation may be declined in cases where the potential client is unlikely to obtain a favorable loan modification. Such an analysis may include a careful review of the potential client’s income statements, investment accounts, bank accounts, tax returns, original loan documents and other financial data. Specific hardship facts will also be analyzed and considered. An attorney can be very helpful when processing and organizing the financial and hardship materials for presentation to the relevant lending organizations. An attorney can make sure the materials will accurately be presented to the lender in the light most favorable to the client for the purpose of securing a favorable loan modification.