Bailout for homeowners facing foreclosure.
The headlines are filled with the pros and cons of wall street bailout proposals for the financial system, but there is a little known ‘bailout’ for home owners that has already been enacted into law.
Section 1403 of the new housing bill that was signed into law on July 30, 2008 (HR 3221) requires mortgage servicers to modify loans for homeowners and help them avoid foreclosure. There are three requirements to be eligible for the homeowner bailout:
1. Default on the mortgage either has already happened or is “reasonably foreseeable”
2. The home is the primary residence
3. The lender is likely to recover more through the loan modification or workout than by forcing the home owner into foreclosure
“The fact is that this law is effective immediately, and most distressed home owners are simply not aware that they have this option,” according to Gibran Nicholas, Chairman of the CMPS Institute, an organization that certifies mortgage bankers and brokers.
“This law requires servicers to act in the best interest of all their investors and obligates them to modify your loan if you can afford the modified loan terms and if they are likely to recover more for their investors by working with you than by going all the way through the foreclosure process,” Nicholas said.
You want to show the lender that they will recover more money by renegotiating with you than they would if you were to foreclose on your loan.
Here are some guidelines When negotiating a loan modification with your mortgage lender:
1. Deal only with your lender’s loss mitigation and/or work out department.
2. Write a hardship letter demonstrating the reasons. This may be job loss, a hike in an adjustable rate, a serious medical condition or a balloon payment coming due. Whatever the reason demonstrate that these circumstances make it impossible for you to continue making your mortgage payments as scheduled.
3. Send the lender your financial statements, employment records, tax returns and bank statements to prove that you would be able to afford the modified loan terms.
4. Send the lender a current appraisal of your home or recent comparable sales in your neighborhood demonstrating the current value of your home. You can contact any Realtor to supply you with a CMA.
For more information, visit www.CMPSInstitute.org or call 888.608.9800.
The CMPS Institute has posted a sample letter that you can use during your renegotiation:
http://www.cmpsinstitute.org/pdf/SampleLoanModificationRequest.pdf
You may want to consult with an attorney if the lender refuses to work with you.




















