Friday, January 8, 2010, 6:15AM ET - U.S. Markets open in 3 hours and 15 minutes.

Jack M. Guttentag The Mortgage Professor

Jack M. Guttentag, The Mortgage Professor

The Nuts and Bolts of Getting a Mortgage Modified

by Jack M. Guttentag

Good (63 Ratings)
2.793654/5
Posted on Thursday, May 7, 2009, 12:00AM

In recent weeks I have been inundated with letters from mortgage borrowers who, for any number of reasons, can no longer afford their mortgage payment, though they could afford a lower payment. They seek help on getting their mortgages modified.

I have written several articles on modifications, but, as one letter-writer put it, these provide "background but are not specific enough to really help." Ouch! In this article I attempt to make amends by laying out the steps in 1,2,3 order. Because the process is tedious, I have placed some of the boring details on my Web site. The second article in this series discusses where to go to get help, if help is needed.

The steps involved in getting your loan modified are: 1) Establish that you would not be better refinancing instead; 2) Deliver the information the servicer requires, in the form the servicer specifies; 3) Assure that the information you provide is correct; 4) Assure that the information you deliver does not get lost in the shuffle; 5) Determine whether you are eligible for special modification programs, which the servicer might overlook; and 6) Nudge the servicer as needed.

Modify or Refinance?

Modification or Refinance? In general, borrowers should seek a refinance rather than a modification if they can refinance at a significantly lower rate at a reasonable cost. However, you can't refinance advantageously if you are behind in your existing payments, have little or no equity in your property, or don't qualify for a refinance for other reasons such as a low FICO score or inability to document adequate income. If you are still not sure, read Mortgage Modification or Refinance? on my Web site.

Delivering the Information the Servicer Wants

The single most important part of the process is to place in the hands of the servicer all the information about you that the servicer needs to make a decision. While this information is pretty much the same for all servicers, each has its own questionnaire form which they expect to be used.

To help you with this, I have compiled the information required by each of the major servicers, and an access their questionnaire, in Mortgage Servicer Information on my Web site.

Assuring Accuracy

Having the right form is one thing, filling it out correctly is something else. A questionnaire with obvious errors may fall to the bottom of the pile, or it may lead the servicer to conclude that you do not qualify for a loan modification when, in fact, you do. Being accurate is a challenge for some borrowers because most questionnaires are not borrower-friendly. But there is plenty of help available, as I discuss in my next column.

Assuring Delivery

Most servicers prefer to receive documents by fax, although some also provide mailing addresses. I am informed that fax is more reliable, and I show the fax number of each servicer providing one. A few servicers, including Chase and Wells Fargo, want borrowers to call them before submitting detailed data, and provide only telephone numbers. They evidently prefer to have their own staff participate with the borrower in compiling the information.

Protect Your Documents Against Getting Lost

The principal danger of delivering documents by fax is that they will get mixed up with those of other borrowers. To prevent that, place your name and mortgage account number at the top of every page you fax.

Include Your Eligibility For Special Programs

Borrowers who took subprime adjustable-rate mortgages (ARMs) after January 1, 2005, which have interest rates scheduled to reset before July 31, 2010, may be eligible for a modification under the "Fast Track Solution" adopted voluntarily by servicers last year. Borrowers with housing expenses that exceed 31 percent of their gross before-tax income may be eligible for a modification under the government's recent Making Home Affordable (MHA) program.

If you have good reason to believe that you are eligible under either program, add a statement to that effect in your hardship letter. Servicers are under a lot of pressure, and they just might overlook it.

Nudge the Servicer

The process of modifying mortgages is slow and error-prone. A firm that two years ago may have had two people modifying mortgages may today have 200, most of them newly trained. Development of computer systems has lagged, and much of the work is done manually. At this writing, most of the servicers had not yet incorporated the MHA program into their systems.

So you may need to nudge. If the servicer's stated policy is to reply within 21 days, call them on day 21 if you haven't heard. If they give you a quick denial on the grounds of ineligibility, which you believe is wrong, let them know it is wrong -- in a nice way. Remember that getting a modification is not a negotiation, and you have no place else to go.

Next week: Where to go, and where not to go, if you need help.

Rate This story

Good (63 Ratings)
3/5
Sign-in to rate!

28 Comments

Showing comments 1-5 of 28Next >>
Sort: first to last
  • Yahoo! Finance User - Thursday, October 8, 2009, 1:54PM ET  Report Abuse

    • Overall: 2/5

    I am currently going through mortgage modification. So when I saw this article, I thought it would show me the pitfalls to avoid. When it did not I was dissappointed! What I mean by pitfalls is after reading the information sent to me by my lender, it appears that foreclosure is still an option for them.cj

  • Yahoo! Finance User - Saturday, May 16, 2009, 8:34PM ET  Report Abuse

    • Overall: 5/5

    Any good advice for those of us who are self-employed? Harder to fill out their requirements.... thanks, Sir, this is helpful.

  • Yahoo! Finance User - Saturday, May 16, 2009, 10:33AM ET  Report Abuse

    • Overall: 5/5

    Not much has changed! I had bad credit and so I went to the GetExcellentCredit site and was able to get approved for a mortgage in today’s market just a few months later... Check them out! Renee~Lynn

  • Yahoo! Finance User - Wednesday, May 13, 2009, 3:41PM ET  Report Abuse

    • Overall: 5/5

    This article is very helpful. The focus is on obtaining a loan modification, not on how to deal with foreclosure. So the other reviews that are more critical of this article fail to make that point. The article is on loan modification and not preventing forclosure.

  • Yahoo! Finance User - Tuesday, May 12, 2009, 10:08PM ET  Report Abuse

    • Overall: 2/5

    As a foreclosure manager, I have some tips and clarifications. I don't want to knock the author, but it is apparent that even he is not aware of the details. The most important thing he said was to get EVERYTHING to your servicer. This is not to be difficult, it is the Treasury's requirement! 1. Please do not wait until you have received a "demand notice" to bring your mortgage current or they will foreclose after that 30 day expiration date. Your options become very limited and it is not because of the "bad" bank, it is a Federal and nowadays State law. Though the bigger banks like Wells Fargo are notorious for not working with borrowers after the demand notice has expired and the mortgage is now considered accelerated. You must contact your servicer before this occurs. 2. The new program is not a HMA, it is referred to in the industry as HMP. Both Freddie and Fannie participate in this as the program was really designed for them. The only banks that have to participate are those who receive TARP funds, otherwise the HMP is voluntary. 3. You can see the specifics of the HMP through http://www.ustreas.gov/press/releases/reports/modification_program_guidelines.pdf 4. You can see if you qualify through http://www.makinghomeaffordable.gov/ 5. You can see if Freddie or Fannie own your mortgage through http://www.freddiemac.com/ or http://www.fanniemae.com/index.jhtml 4. Please remember that your servicer is expected to be an overnight expert and this is an evolving process. I have seen as many as three updates in one day. This program was rolled out to the press without all the parameters in place, and as a matter of fact, one of the most important factors, the "Net Present Value" test on how much a servicer can balloon on a mortgage's principal was not even released until two weeks ago. 5. I will tell you that calling with an air of "entitlement" will not help you. This program is guised as a program to help homeowners but to our taxpayers it is a way to minimize loss in the end transaction. If it is more feasible for a bank to foreclose because you have considerable equity and you've been less than stellar in your communications and payments, play extra nice. Nobody is entitled to help you as you owe the money... 6. Banks do not want your home. You have to factor that the average REO loss is 25% under the current market value, and as we know, it is not a favorable market. Add that to a typical 1.25% monthly expense to mantain a property and the bank takes quite the hit, even after a charge down. It is hard for the people in these departments. Please understand we have unprecendented call volumes and pressure. There is not one expert on this, not one, not even the people that wrote the program, or else we would not be continously receiving updates. The best example I can think of is where the Treasury said we can consider unemployment income, but only if we can prove the borrower would receive it for THREE YEARS. I could not find one state that offered such benefits and it has since been reduced to nine months. Seriously, you think banks are difficult, try working with the government... I hope this info helps. The basic parameters are: 1. To achieve a target payment of 31% of borrower(s) GROSS income. 2. Capitalize any past due amounts, and fees/costs 3. Step down the interest rate by .125% to a floor of 2%. This rate is held in place for 5 years at which point it steps back up 1%/yr to today's Freddie MAc 30 year fixed rate. If that doesn't work: 4. Term out one month at a time to a max of 40 years. If that doesn't work: 5. Defer portion of the principal into non interest bearing ballon. Subject to Net Present Value Test 6. Trial period of three months if delinquent, four months if current (not a typo...) 7. Must now have escrow account, which is factored into 31% payment. I have seen this disqualify more people than anything else because of high taxes/ins.

Showing comments 1-5 of 28Next >>

More from Jack M. Guttentag

The Mortgage Encyclopedia

An authoritative yet concise guide to the mysteries of mortgage finance, arranged alphabetically from "A-Credit" to "Zero Balance." Includes information that will help you decide whether to use a mortgage broker, learn if you can avoid mortgage insurance, and much more. Reach for this indispensable guide and get the fast, accurate information you need!

Order your copy now!

Find out more about The Mortgage Professor.

More from Yahoo! Sources

  • CNN Money
  • Consumer Reports
  • Kiplinger
  • The Motley Fool
  • Business Week
  • Wall Street Journal

Sponsored Links

Free 2010 Credit Report and All 3 Scores
Free 3-bureau Credit Report – includes Transunion, Equifax, Experian.
FreeCreditReportsInstantly.com
Refinance Now at 3.7% APR
$160,000 mortgage under $752/mo. Free. No Obligation. Get 4 quotes now.
MortgageRefinance.LendGo.com
Obama Urges Homeowners to Refinance
APR as low as 3.616%! Calculate New Mortgage Payment Now.
www.SeeRefinanceRates.com
Live Forex Practice Account
Practice Forex Trading in Real Market Conditions with a Free Trial.
www.GFTforex.com
Get Affordable Health Insurance Now
Get Affordable Health Insurance Quotes Online in Under 60 Seconds.
USInsuranceOnline.com
Try Forex Currency Trading at Forex.com
Free $50,000 practice account with real-time charts news and research.
www.forex.com

Historical chart data and daily updates provided by Commodity Systems, Inc. (CSI). International historical chart data and daily updates provided by Morningstar, Inc. Fundamental company data provided by Capital IQ. Quotes and other information supplied by independent providers identified on the Yahoo! Finance partner page. Quotes are updated automatically, but will be turned off after 25 minutes of inactivity. Quotes are delayed at least 15 minutes. Real-Time continuous streaming quotes are available through our premium service. You may turn streaming quotes on or off. All information provided "as is" for informational purposes only, not intended for trading purposes or advice. Neither Yahoo! nor any of independent providers is liable for any informational errors, incompleteness, or delays, or for any actions taken in reliance on information contained herein. By accessing the Yahoo! site, you agree not to redistribute the information found therein.

Yahoo! Answers is provided for informational purposes only, and no Q&A is intended for trading or investing purposes. Yahoo! shall not be responsible or liable for the accuracy, usefulness or availability of any Q&A information, and shall not be responsible or liable for any trading or investment decisions based on such information. View Complete Answers Disclaimer.