FORECLOSURE DEFENSE TO KEEP

YOU IN YOUR HOME

NATIONWIDE PROGRAM TO SAVE YOUR HOME

GOVERNMENT  STANDARDS LOAN WORKOUTS

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 RECENT EVENT:

CONSENT ORDER FILES ON BIG BANK SETTLEMENT:

PLEASE REVIEW LINK ON TREASURY DEPT SITE:

http://www.justice.gov/opa/documents/citi-consent-judgement.pdf

 

http://www.nationalmortgagesettlement.com/

 

Professional loan work- out help is what we offer

WE FIGHT THE BATTLE FOR YOU

PROVEN METHODS TO ARRIVE At A FAIR SOLUTION

LOWER YOUR MORTGAGE PAYMENTS  STOP FORECLOSURE

if you are behind in payments or in foreclosure . This is the right site for you!

If you are being pushed around by the Bank or Service company . We are here for you.

If you just can't afford your home any longer?  Yes! we are the ones to help you!

We provide all the effort and the tools to get you a lowered payment , stop foreclosure 

call us 1-201-759-8767 our New Jersey / New York Office

NEWS FLASH

AS OF APRIL 2011

OFFICE OF THE COMPTROLLER OF THE CURRENCY, THE REGULATORS OF NATIONAL BANKS HAVE BEGIN TO CRACK DOWN ON THE LARGEST BANKS IE:

BANK OF AMERICA

WELLS FARGO

JP MORGAN CHASE

CITIBANK

HSBC

PNC BANK

 

 If you read articles posted on the internet and saw TV clips about Loan Modifications you will agree it is not a pretty picture.

 

The Banks have done their best to  let you believe that they are working hard to help homeowners in distress to lower the mortgage payments issued pre Jan 2009.

Actually the record shows that the Banks have done their best to discourage the homeowner into obtaining the help encouraged by the Obama Administration{ through the adoption of the HAMP program, known as Making Homes Affordable}. Only 30% of the Loan Modifications sought by Homeowners have been put into place.

The rest have been denied or setup to fail within the trial period.

All of the major banks have setup departments within the bank called Loss Mitigation or Home Retention.

Rather than providing help these departments are structured to frustrate the efforts of Homeowners by placing as many obstacles as possible to discourage the process, they are geared to ask you for the same documentation over and over again . The idea is to frustrate you to quit!

Bottom line! The Banks are trying to ride through the deep recession by providing the least help as possible.

They are kicking the can down the road!

The Modification process has many built in homeowner traps to give the Banks a way not to provide the help you need.

The obvious one used by the banks is called{ " the back door"} called the NPV or Net Present Value.

This aspect of the process is merely a tool used to see which  approach is more profitable for the bank   to employ.

Simply put        foreclose or workout!

When their is  equity in the home the Bank will seek to sell the homeowner out and ignore all the paperwork you have submitted and foreclose anyway. They could care less about your hardship

They ask for a hardship letter from you. This is a joke! The Banks are the ones who are laughing

Remember Banks seek profit are not to give charity

 They are not your friend.

Remember the movie " Its a wonderful life" if you have not seen it you should.

The whole process, unfortunately is set as a public relations ploy.

The tell you not to pay for help . They tell you all paid services are ripoffs

They want to take you i as a "babe in the woods " They will take of you?

They want to control "the game" and give you as little as they can get away with or nothing and kick you out.

Their cheap Lawyers are ready willing and able to sell your home out  from under you.

Check out the Halloween Party at the Steven Baum Law Group

where their staff showed their true  atitude by dressing up as homeless

people claiming they were not served with foreclosure papers

These people reflect the mindset of their employers " the Banks"

Our company maintains a federally complaint business model .

We don't charge fees up front.

We do provide services which we do charge for and are able to help you through the whole process.

The modification fee is imposed upon the completion of the process.

We offer a free phone evaluation

We sell complete products which work and we stand behind them

We recommend a Forensic Loan Audit which we sell which will reveal the fraudulent activities 

at your loan closing

We help though the  foreclosure process so you do not lose your home

While you are seeing help

We can do it all or help do it yourself

call me at 201-750-8767

 

 

FREE EVALUATION CALL US NOW!

WE HAVE THE TOOLS TO QUALIFY YOU FAST!

 

FORENSIC AUDITS AND LOAN MODIFICATION

CALL FOR YOUR FREE CONSULTATION   

BEFORE IT IS TOO! LATE

 

NEW EFFORT TO START

PRINICPAL REDUCTION

 

What we do:

 Forensic Loan Audit  and Securitization Loan Audit

 to reveal who the Holder of your Note really is!

 We expose the Pretender Lenders

Professionally prepared by trained

professionals . NOT JUST a  computer audit! Expert Examinaton 

Reviewed by an real auditor.

 

If you feel your loan was underwritten in an unsavory manner

This is the tool modification pro's use to influence the Banks that you have been cheated. You just fax to us your loan documents from your mortgage closing and we do the rest.

We have found violations of the Truth in Lending laws and RESPA in many

loans.

 

We are here to help you level the playing field with your bank.

REVIEW THE  DYI SECTION  THIS IS OUR SOFTWARE WHICH WILL ENABLE US TO PREQUALIFY YOU FOR THE HELP YOU SEEK.

JUST FILL IN THE INFO REQUESTED AND WE WILL DO THE REST

 

 

 OUR TELEPHONE NUMBER IS :

         1-201-759-8767

 OUR TOLL FREE FAX IS :            1-877-335-2324

 

 


Check out this link to foreclosure laws

 

 

 

                                                                                               
    

EMAIL ME NOW!               

          

  or call  1-201-759-8767

paul@yourmodmaster.com

 

OUR GOAL IS TO KEEP YOU IN YOUR HOME IN AN

AFFORDABLE WAY!

 

THE HOMEOWNERS GOAL

IS TO SAVE THEIR MOST VALUABLE ASSET THEIR

HOME.

THE BANKS GOAL IS TO

MAINTAIN A PERFORMING ASSET .

OUR JOB IS TO RECONCILE THESE GOALS

Forensic Loan Audit and Loan Modification Processing Weblog

The main reason that our loss mitigation processing company is able to reduce rates to such low levels is a mixture of our inclusion of a forensic loan audit in every loss mitigation proposal submission and the willingness of banks to compromise with their borrowers. Recently, Treasury Secretary Geithner appeared before a Congressional Oversight Panel to explain to the panel why lenders and servicers are reluctant to modify loans. Secretary Geithner agreed to assist in persuading major lending and servicing institutions to modifiy even more loans so that the foreclosure crises would not deepen.

 the political news coming out of Washington closely as it relates to loss mitigation and foreclosures closely. As increasing political pressure is placed on the major lenders and servicers we feel that that more Americans will meet with success when submitting loan modification proposals to their lenders.

Should the political pressure from Washington wane, we expect a further deterioration in the foreclosure sector and concomitantly less successful loan modifications. In the meantime, the best thing consumers can do for themselves when thinking about modifying the terms of their existing loans is to first speak to a professional in the loss mitigation industry. Important questions to ask include if the company (a) performs a forensic loan audit of the borrowers loan; (b) if they have a refund policy and (c) whether the company makes any guarantees. Explicit guarantees are a sure sign of fraud.

What is a Forensic loan audit?

 FORENSIC LOAN AUDIT

The forensic loan document audits offered by our Attorney's  are designed to identify potential cases of predatory lending law violations. Our team of mortgage professionals will thoroughly review the loan documents, and recalculate the substantive numbers to identify instances of failure to disclose accurate data to your client. Please note that our forensic audit only looks for federal law violations.

Keeping in mind that the goal of the forensic loan document audit is identifying violations of federal law, your goal is to use these violations to apply pressure to the lender so that your client will get a more beneficial result. When violations are found, you may be eligible for damages through litigation, which in some cases may include rescission of the subject loan. Rescission means a principle reduction. Of course, if rescission is available, you will need to produce the tender amount due. This is important to understand as many homeowners are in no position to tender as the value of the subject property has fallen drastically. Fortunately, many lenders offer what has been called “equitable rescission,” and if your jurisdiction allows this relief, you may be able to keep you in your home.

 

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DISCLOSURE ANALYSIS – Our staff will review the loan? documents for missing dates and signatures, recalculate the Annual Percentage Rate and Closing Fees as well as other material values set forth in those documents. If the disclosures are materially deficient, our staff will identify those “failures to disclose” to you.

TILA, RESPA, AND HOEPA ANALYSIS – Your client may have? gotten a closed-ended loan which was disguised as an open-ended line of credit. If this is the situation, your client may have a solid case against the lender. Identifying some violations of federal laws requires not just recalculating numbers but looking at the underlying nature of the loan compared to the way the loan was presented to your client.

WRITTEN REPORT – You will receive a written report of the? results of the forensic loan document audit.

Some of the issues that our forensic loan document audit might find are:

1. CONSTRUCTIVE FRAUD

Material facts include the terms of the loan, whether there is a prepayment penalty, or any other information that a reasonable borrower would want to know before accepting the loan. Did the broker, loan officer or anyone working for the broker or loan officer fail to disclose any material facts to the borrower? What about third parties?

2. FRAUD AND NEGLIGENT MISREPRESENTATION

Our audit reviews the representations, statements, and comments (written or oral) made by the loan officer, broker, notary and others for contradictions.

3. NEGLIGENT MISREPRESENTATION

Mortgage professionals makes errors, but if those errors are below the standard of care for that professional, your client might have a valid case for negligent misrepresentation.

4. BREACH OF CONTRACT

The mortgage note and its attached documents constitute a contract. The lender is obligated to perform the duties set forth in that contract, including accurate calculations of the amounts involved in the mortgage.

 

 

AUDIT DOCUMENT CHECKLIST

 

Please provide the following documents for our Forensic Loan Audit Review Service  All of these documents should be in the package your title agency gave you when you bought your home.  The Title Agency should also have a copy in their files.  If you cannot find your copy, you should try to get a copy of all your paperwork in the Title Agency's files.  Make a copy to keep for yourself and send the copy to us.  When your audit is completed, the paperwork you send to us will be destroyed after 30 days.  If you cannot locate a copy of your original paperwork, you will need to have us prepare a demand letter to send to your lenders.  There is a nominal charge of $50.00 for this service, so it is best to do all you can to find your copies you received at the closing or ge them from your Title Agency.

1.    Mortgage Note with Endorsements, Modifications, Attachments, Riders, Addendum’s, etc. State the terms of the loan and interest rate, and changes.  (Again, if you have more than one loan, bring the NOTE for each loan.)

2.    Mortgage / Deed of Trust / Security Instrument.

3.    Second Lien Documents / Subordination Agreement(s).

4.    Mortgage Insurance Certificate.

5.    HUD1 / Settlement Sheet and Addendums from your closing. (Estimate and Final).
(If you have more than one mortgage, make sure you send a HUD-1 settlement statement for each closing.)

6.    Rescission Notice (if applicable).

7.    FEMA Standard Flood Hazard Determination.

8.    Hazard Insurance Documents (include flood, wind, other applicable policies).

9.    Final Truth in Lending Disclosure (TIL).

10.  Initial Truth in Lending Disclosure.

11.  Section 32 Disclosures.

12.  Mortgage Application (FNMA 1003) or Uniform Residential Loan Application, from your closing).

13.  Good Faith Estimate (GFE).

14.  Sales Contract with all Addendums (if applicable).

15.  Appraisal (If you have one).

16.  Survey or Platt Map.

17.  Title Commitment and / or Title Policy.

18.  All State Disclosures.

19.  Home Owners Insurance Declarations Page … the current insurance on the home.

20.  Property Tax Bill/Statement … Agree to Provide Any Document Requested by Forensic Auditors Of America:                                        Initial______Initial______                                                                                                                                                                                      


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   CLICK ON THIS:

http://www.youtube.com/watch?v=oEjEiaggQi0&feature=related

 

 http://www.freediykits.com/loan-modification-resources/foreclosure-timeline.html

 

 

 

 WINNING DEFENSE AGAINST FORECLOSURE

A plaintiff has no foundation in law or fact to foreclose upon a mortgage in which the plaintiff has no legal or equitable interest, and where an assignment of the mortgage post-dates the filing of the complaint, the plaintiff does not have the requisite ownership interest at the time of filing. As a foreclosure of a mortgage may not be brought by one who has no title to it and absent a legally effective transfer of the debt, the (post-filing) assignment of the mortgage is a legal nullity. U.S. Bank National Association v. Kosak et al., 2007 NY Slip Op 51680(U)(N.Y. Sup.Ct. 9/4/2007), citing Katz v. East-Ville Realty Co., 249 AD2d 243, 672 NYS2d 308 [1st Dept 1998] and Kluge v. Fugazy, 145 AD2d 537, 536 NYS2d 92 [2d Dpet 1988].

 

 

 

 

 

 

 

 

 

 

 

 

You will  be involved with skilled Professionals

You arrived at the right site!

we will help you keep your home

 

 

We provide continuing service to enable Home Owner's to achieve relief from the turmoil of the current real estate downturn

We support the process to lower Mortgage payments to levels that are more affordable .

We strive to reduce principal balances, when possible , and put forth an extensive effort to convince your Lender to make these adjustments to provide you with your own Bailout

We are your adovcate providing the support to achieve these stated goals.

FREE PREQUALIFICATION

When you work with us we add to your Loan modification:

WE ASSURE LENDER COMPLIANCE TO FEDERAL AND STATE LAWS.

 

EXPERIENCE AND EFFICIENCY

CASE MANAGEMENT

YOU WILL RECEIVE TIMELY UPDATES TO LET YOU KNOW

THE PROGRESS OF YOUR CASE.

 EXAMPLES OF A LOAN MOD

Legend

GMI = Gross Monthly Income

PITIA = Principal, Interest, Taxes, Insurance and Association Fees

DTI = Debt to Income Ratio

________________________________________________________________________

Example 1: Rate reduction to achieve 31% DTI

GMI $ 4000.00

31% GMI (Target Monthly Payment) $ 1240.00

Loan $200,000 @ 7.5% 30 years $ 1398.43/month

Taxes and Insurance $ 250.00/month

PITIA $ 1698.43/month

Modify rate to 4% to achieve a DTI of approximately 31%

Modified Rate to 4%: $ 954.83/month

Taxes and Insurance: $ 250.00/month

New Payment $ 1204.83/month

Savings $ 493.60/month

_____________________________________________________________________

Example 2: Rate reduction and extending term of loan to 35 years to achieve 31% DTI

GMI $ 3000.00

31% GMI (Target Monthly Payment) $ 930.00

Loan $200,000 @ 7.5% 30 years $ 1398.43/month

Taxes and Insurance $ 250.00/month

PITIA $ 1698.43/month

Modify rate to 2%. Modify term to 35 years to achieve a DTI of approx 31%

Modified Rate to 4%: $ 662.53/month

Taxes and Insurance: $ 250.00/month

New Payment $ 912.53/month

Savings $ 785.90/month

________________________________________________________________________

Example 3: Rate reduction, term extension & principal forbearance to achieve 31% DTI

GMI $ 4500.00

31% GMI (Target Monthly Payment) $ 1395.00

Loan $450,000 @ 9.0% 30 years $ 3620.80/month

Taxes and Insurance $ 250.00/month

PITIA $ 3870.80/month

Modify rate to 2%. Modify term to 40 years

Modified Rate to 2% for 40 years: $ 1362.72/month

Taxes and Insurance: $ 250.00/month

New Payment $1612.72/month

Because lowering the rate to the maximum floor of 2% and extending the terms of the loan to 40 years still does not achieve the desired DTI of 31%, the lender, at its discretion can elect to forgive or forebear a portion of the principal to achieve the 31% DTI. In this example the lender elects to forbear $75,000 of the principal which would be due as a balloon payment at the end of the term of the loan or if the home were to be sold. This is not expected to be a common practice and would most likely be used in an instance where the borrowers suffered a loss of income and the home suffered a sharp decrease in value.

Modified Rate to 2% for 40 years calculated on $370,000 $ 1135.60/month

Taxes and Insurance: $ 250.00/month

New Payment $ 1385.60/month

Savings $ 2485.10/month

 

HOW TO PREPARE A HARDSHIP LETTER

Working in the loan modification business, we often overlook the simple steps in the loan modification process, so I wanted to put together a sample hardship letter to let homeowners see what is required in writing a good hardship notification. 

(Example Harship Letter)

To Whom It May Concern:

I am writing this letter to explain my unfortunate set of circumstances that have caused us to become delinquent on our mortgage. We have done everything in our power to make ends meet but unfortunately we have fallen short and would like you to consider working with us to modify our loan. Our number one goal is to keep our home and we would really appreciate the opportunity to do that.

The main reason that caused us to be late is (insert reason here and don’t be too lengthy and long winded) Soon after being late and our income not being nearly enough, we had fallen further and further behind. Now, it’s to the point where we cannot afford to pay what is owed to (lender). It is our full intention to pay what we owe. But at this time we have exhausted all of our income and resources so we are turning to you for help.

Our situation has got better because (reason here) and we feel that a loan modification would benefit us both. We would appreciate if you can work with us to lower or delinquent amount owed and or payment so we can keep our home and also afford to make amends with your firm.

We truly hope that you will consider working with us and we are anxious to get this settled so we all can move on.

Sincerely and Respectfully,

Mr. & Mrs. ___________________
Signature_____________________
Loan # ______________________
Address______________________
Phone________________________

 

 

WHY DO WE EMPHASIZE THAT WE ARE FULLY COMPLIANT WITH THE JUSTICE DEPARTMENT AND STATE AGENCYS?

SIMPLY PUT!  WE WILL  DO EVERYTHING POSSIBLE TO PROTECT  OUR CLIENTS.

LOAN MOD . COMPANY'S ARE BEING SHUT DOWN THROUGH OUT THE COUNTRY BECAUSE THEY ARE OPERATING ILLEGAL.

ONCE THE COMPANY IS SHUTDOWN FUNDS ARE FROZEN AND THEY ARE FORCED TO CLOSE UP.

THE RESULT IS ALL WORK ON YOUR CASE CEASES AND YOU ARE STUCK!!!!

WE WORK WITH COMPANIES WHO HAVE POSTED SURETY BONDS WITH THE JUSTICE DEPARTMENT AND WHOSE BUSINESS MODEL IS LEGAL.

  

  

WE HANDLE YOUR CASE WITH THE CARE IT DESERVES.

WE WORK FOR YOUR BEST INTERESTS "NOT THE BANKS"

WE ARE AVAILABLE TO YOU WHEN YOU NEED US!  

WE APPLY THE CREATIVE APPROACH TO GET YOUR UNIQUE SITUATION RESOLVED FOR YOUR BEST INTERESTS

EMAIL US ANYTIME:

PAUL@YOURMODMASTER.COM

THE ACID TEST THE NPV

NET PRESENT VALUE

 

By Alexandra Andrews and Emily Witt, ProPublica

“NPV Test: Failed.”

That was the red-lettered verdict on the computer screen of a CitiMortgage negotiator in June. The result: An 83-year-old widow in Illinois was denied a loan modification through the Obama administration’s Making Home Affordable program, even though the employee admitted in an e-mail, “I am unable to come up with a reason for the denial.”

The Net Present Value test is a complex computer model used by loan servicers to determine whether a homeowner qualifies for the federal loan modification program.  The test compares two scenarios – modification and foreclosure – and determines which would be more profitable for the lender. If it’s foreclosure, the lender has no obligation to modify the loan. But the model is a black box. What goes in isn’t entirely clear, and what comes out isn’t always reliable.

The Treasury Department has refused to release the exact formula for the NPV model, bringing criticism from homeowner advocates and industry experts. Cloaking the NPV formula in secrecy makes it difficult to identify any potential flaws in the design of the program, which has generated fewer modifications than anticipated [1]. There are assumptions built into the model, and they may not be the right ones, said Diane Thompson of the National Consumer Law Center. “Someone needs to be able to review it.”

In congressional testimony on Sept. 9, Michael Barr, assistant secretary for financial institutions, said that the Treasury Department was taking steps toward “greater disclosure of the NPV evaluation.” Full disclosure would bring the department in line with the Federal Deposit Insurance Corp., which made public the NPV formula developed for its loan modification program, on which Making Home Affordable is based. In the meantime, a Treasury spokeswoman responded to all questions by pointing to an overview of the model available online.

In it, the department says that the NPV is an “objective test” that standardizes the process for evaluating mortgages under the program.
In testimony to the Senate Banking Committee in July, Thompson said that homeowners and advocates need access to the model to determine whether loan servicers have used the test accurately — or at all. Without it, she said, “homeowners are entirely reliant on the servicer’s good faith.”

She said that she had heard many anecdotal reports about servicers entering inaccurate information into the model. Because the results give little indication of which variable is to blame, there’s little recourse to challenge a lender’s refusal to modify. Nor is there an opportunity for the homeowner to correct the problem.

An additional concern is whether servicers are even using the test for all candidates. Irwin Trauss, supervising attorney at Philadelphia Legal Assistance, told a House Judiciary Committee panel in July about a homeowner who was denied a modification by Wells Fargo, even though “there was no suggestion that the NPV test … was even done.” When his organization brought the case to Fannie Mae, Wells Fargo was “embarrassed into” reversing its decision, according to Trauss. Wells Fargo did not respond to a request for comment.
The lack of transparency is also vexing because certain variables in the formula – like home value, the estimated time it will take to foreclose, the risk of default and estimated foreclosure costs – are subjective and could be improperly assessed, industry experts say.

“It’s more art than science,” said Guy Cecala, publisher of Inside Mortgage Finance. “Who knows whether the borrower will default, what the value of the property is, what will happen to home values,” he said. “I’m skeptical of all of it.”

“The valuation of a house is a very variable thing,” Trauss said. “A real estate agent drives by and gets a price, but it’s fairly worthless and subject to being overstated or understated depending on the lender.”

Nathan Reynolds, a mortgage broker assisting the 83-year-old Illinois homeowner with her loan modification on a pro bono basis, was given the rare chance by a CitiMortgage negotiator to see the actual numbers plugged into the NPV — and Reynolds insists that the company used an inflated home value. “They just pulled some bogus appraised value out of the air,” he said.

Mark Rodgers, a CitiMortgage spokesman, did not respond to questions about the house value, saying only, “We are pleased to have identified a solution for this borrower.” That solution is a modification requiring monthly payments that are about $900 less than she is paying now, but roughly $200 more than they would have been under the Making Home Affordable plan.

The purpose of the NPV test is to indicate to lenders how to make the most money off of a particular borrower. Ironically, homeowners who have more equity in their home may be at a disadvantage.

A “huge driver” of the test, according to Thompson, is the relationship between the current value of the home and the unpaid portion of the loan. If a house is worth more than the remaining mortgage balance, “there’s a benefit to the investor from foreclosing. It will recover the entire value of the loan if it forecloses, not if it modifies,” she said. The impact of this variable, however, can be offset by other considerations, like the amount of time it will take to foreclose or the likelihood of foreclosure.
If the NPV test ultimately churns out a “negative” result, meaning the lender will make more money by denying the modification, the homeowner won’t get a Making Home Affordable modification unless the lender agrees to take a loss.
“Even though the administration is promoting loan modifications, they’re still operating from the premise that ‘we don’t want you to make loan modifications that aren’t going to make more money than a foreclosure,’” Cecala said. “This is very different from what community groups see as the (program’s) purpose.”

 

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States With Highest Foreclosure Rates

Foreclosures are on the rise. The first quarter of 2008 saw a 111% increase over the same period last year. Fill out a form to Request More Information, or the Fast Pre-Qual Form, and a Loss Mitigation Specialist will contact you with the next step to saving your home -- no matter where your home is located.

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Avoid Foreclosure. Take action. Be proactive and let us help you save your home. The worst thing you can do is wait! The sooner we create a solution to the problem, the better off you will be.

When clients wait, by the time they take action, they are often so buried in debt and behind in payments, that the lender does not want to work with them -- their financial profile is seriously tainted.

Call the number below and let's move forward!

Call Us Today!

NATIONWIDE SERVICES

CALL 201 496-5173

Fact Sheet

Making Home Affordable will offer assistance to as many as 7 to 9 million homeowners, making their mortgages more affordable and helping to prevent the destructive impact of foreclosures on families, communities and the national economy.

The Home Affordable Refinance program will be available to 4 to 5 million homeowners who have a solid payment history on an existing mortgage owned by Fannie Mae or Freddie Mac. Normally, these borrowers would be unable to refinance because their homes have lost value, pushing their current loan-to-value ratios above 80%. Under the Home Affordable Refinance program, many of them will now be eligible to refinance their loan to take advantage of today’s lower mortgage rates or to refinance an adjustable-rate mortgage into a more stable mortgage, such as a 30-year fixed rate loan.

GSE lenders and servicers already have much of the borrower’s information on file, so documentation requirements are not likely to be burdensome. In addition, in some cases an appraisal will not be necessary. This flexibility will make the refinance quicker and less costly for both borrowers and lenders. The Home Affordable Refinance program ends in June 2010.

The Home Affordable Modification program will help up to 3 to 4 million at-risk homeowners avoid foreclosure by reducing monthly mortgage payments. Working with the banking and credit union regulators, the FHA, the VA, the USDA and the Federal Housing Finance Agency, the Treasury Department today announced program guidelines that are expected to become standard industry practice in pursuing affordable and sustainable mortgage modifications. This program will work in tandem with an expanded and improved Hope for Homeowners program.

With the information now available, servicers can begin immediately to modify eligible mortgages under the Modification program so that at-risk borrowers can better afford their payments. The detailed guidelines (separate document) provide information on the following:

Eligibility and Verification

  • Loans originated on or before January 1, 2009.
  • First-lien loans on owner-occupied properties with unpaid principal balance up to $729,750. Higher limits allowed for owner-occupied properties with 2-4 units.
  • All borrowers must fully document income, including signed IRS 4506-T, two most recent pay stubs, and most recent tax return, and must sign an affidavit of financial hardship.
  • Property owner occupancy status will be verified through borrower credit report and other documentation; no investor-owned, vacant, or condemned properties.
  • Incentives to lenders and servicers to modify at risk borrowers who have not yet missed payments when the servicer determines that the borrower is at imminent risk of default.
  • Modifications can start from now until December 31, 2012; loans can be modified only once under the program.

    Loan Modification Terms and Procedures

  • Participating servicers are required to service all eligible loans under the rules of the program unless explicitly prohibited by contract; servicers are required to use reasonable efforts to obtain waivers of limits on participation.
  • Participating loan servicers will be required to use a net present value (NPV) test on each loan that is at risk of imminent default or at least 60 days delinquent. The NPV test will compare the net present value of cash flows with modification and without modification. If the test is positive – meaning that the net present value of expected cash flow is greater in the modification scenario – the servicer must modify absent fraud or a contract prohibition.
  • Parameters of the NPV test are spelled out in the guidelines, including acceptable discount rates, property valuation methodologies, home price appreciation assumptions, foreclosure costs and timelines, and borrower cure and redefault rate assumptions.
  • Servicers will follow a specified sequence of steps in order to reduce the monthly payment to no more than 31% of gross monthly income (DTI).
  • The modification sequence requires first reducing the interest rate (subject to a rate floor of 2%), then if necessary extending the term or amortization of the loan up to a maximum of 40 years, and then if necessary forbearing principal. Principal forgiveness or a Hope for Homeowners refinancing are acceptable alternatives.
  • The monthly payment includes principal, interest, taxes, insurance, flood insurance, homeowner’s association and/or condominium fees. Monthly income includes wages, salary, overtime, fees, commissions, tips, social security, pensions, and all other income.
  • Servicers must enter into the program agreements with Treasury’s financial agent on or before December 31, 2009.

    Payments to Servicers, Lenders, and Responsible Borrowers

  • The program will share with the lender/investor the cost of reductions in monthly payments from 38% DTI to 31% DTI.
  • Servicers that modify loans according to the guidelines will receive an up-front fee of $1,000 for each modification, plus “pay for success” fees on still-performing loans of $1,000 per year.
  • Homeowners who make their payments on time are eligible for up to $1,000 of principal reduction payments each year for up to five years.
  • The program will provide one-time bonus incentive payments of $1,500 to lender/investors and $500 to servicers for modifications made while a borrower is still current on mortgage payments.
  • The program will include incentives for extinguishing second liens on loans modified under this program.
  • No payments will be made under the program to the lender/investor, servicer, or borrower unless and until the servicer has first entered into the program agreements with Treasury’s financial agent.
  • Similar incentives will be paid for Hope for Homeowner refinances.

    Transparency and Accountability

  • Measures to prevent and detect fraud, such as documentation and audit requirements, will be central to the program.
  • Servicers will be required to collect, maintain and transmit records for verification and compliance review, including borrower eligibility, underwriting, incentive payments, property verification, and other documentation.
  • Freddie Mac will audit compliance.
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