Your Own Private Bailout? Part 3,
December 8, 2009
December 8, 2009
In previous posts, I dealt with the specifics of the Obama Refi.
The Obama Modification (HAMP)
How the Obama Modification is LIKE an Ordinary Refinance
1. There may be costs to modify, but it is usually less than a refi.
2. You should not do it unless you gain a reasonable benefit in lowered interest rate, reduced future risk of a reset (if you are in an adjustable or interest only now), or a reduction of capital.
3. Many can be done through your trusted mortgage professional, some cannot. Most applicants go directly to the servicer/bank, bypassing 3rd party assistance. More on that below.
4. It requires adequate income, employment, debt to income ratios. You must qualify for the modification.
How the Obama Modification is DIFFERENT From an Ordinary Refinance
1. To qualify, your existing loan must have gone thru Fannie Mae or Freddie Mac. Most conventional loans did. Most Jumbo loans (over $417,000) did not, most subprime loans (low credit scores, 80-20 zero down) did not, most Alt- A loans (Option Arms, No–Doc Loans) did not, and of course, an FHA or VA loan did not. It is fairly easy to determine if your loan is Fannie or Freddie.
You can get an instant response here from Fannie Mae and Freddie Mac:
http://loanlookup.fanniemae.com/loanlookup/
https://ww3.freddiemac.com/corporate/index.html
Or, you can ask me to look it up for you. Freddie Mac requires your social security number, Fannie Mae does not.
2. You MUST prove financial NEED to qualify. Simply wanting a lowered payment is not enough. You must prove that you cannot qualify for a regular refinance (I’d be happy to help you look into that).
3. Unlike a refinance, the bank does NOT want to do a modification. There is little incentive for them, and a lot of work. The investors on the loan lose money.
4. You cannot take cash out to pay other bills.
5. Modifications can include: lowered interest rates, lowered payments, deferred payments, converting from adjustable to fixed, and (rarely) lowered loan balances.
Overall, the report card for modifications has been dismal, falling FAR short of the stated goals.
http://www.housingwire.com/2009/12/08/chase-converts-2-of-offered-hamp-trials-into-permanency/
Clearly, banks do not WANT to do them, but are doing some. I assume this is mostly from pressure from the government, and in some cases it might be in their best interest to do so. I believe that they desperately want to APPEAR to be doing them.
I don’t think banks (or any rationally operating business) should intentionally take actions that harm themselves, and in this case, the surviving banks seem understandably reluctant to further weaken their balance sheets (and risk joining the swelling ranks of the imploded banks).
Should You Deal Directly with the Bank, or Hire Someone to Help You?
This is a hotly contested issue. The arguments continue to this day. Like many of my answers, it “depends”!
Here are the choices, with a brief discussion of merits and problems.
1. Go Directly to the Bank
This is what the banks want you to do (well, they prefer that to the alternatives of your defaulting, or hiring someone). Since they do not want to do them at all, they attain a greater control of the process. This method has the lowest cost to the borrower, as there are very few fees to be paid to anyone. Some people I know are having (hard fought) success this way, many are extremely frustrated. It requires good organizational skills, incredible patience, and time. It has been claimed that folks that go this route do not get as ”good a deal” as folks that hire someone, but there is no data that I know of to back that up (it does make some sense, though). Seriously ask yourself if you have the resources (time and patience mostly) to do this on your own.
2. Seek a HUD Counselor
There are “non-profit” organizations that will help you with this, for little to no money. You can certainly get good advice, but their incentive to complete the modification is low. If you don’t feel up to DIY, then this would be a good 2nd step.
3. Hire a Loan Modification Specialist
This is a fast growing field. There are opportunistic crooks, and there are sincere and competent specialists. Both seek to be paid, usually upfront. Fees are in the range of $1,500 to upwards of $5,000. The state of Washington (DFI) has ruled that loan modification specialists (LMS) need to be licensed loan originators in the state of WA. LMS compensation is usually tied to a successful outcome, so the incentive to continually pressure the bank to completion is built in.
While I am licensed to do loan modifications, and Axia has a department specifically to handle these, I have not chosen to enter this field. I may, at a later date. I’m happy to refer you to competent help.
4. Get an Attorney
Another fast growing field. Same issue of crooks and experts, except that attorneys are held to a higher standard of fiduciary duties than LMS. Fees vary widely, and may be a little higher. Compensation is also tied to outcomes, and there is usually some upfront payment (attorneys don’t like to work for free either). I’m happy to refer you to local attorneys as well.
The question of hiring someone vs dealing directly with the bank is kind of like choosing whether to hire an attorney for an insurance claim. It depends.
Keep in mind there are always other options: Sell the home and get something less expensive, take in a roommate, hang on and hope for better days and more income. If you have NO equity to preserve, short sell (get help with that from an RE and/or short sale specialist…I know many of those too!). Take steps to preserve your credit score (I can provide some advice along those lines…future post?).
That’s it for now. I am SO glad to get this task completed, no matter how tardy it is. It doesn’t seem so hard, now that it is done.
Next: The current refi frenzy. Coming VERY soon.
Thank you for reading, please pass it on to those in need.
