Many of our clients, however, have come to us after having tried themselves to work out a solution with their lender. In doing so, they find they have lost valuable time, increased their frustration immensely, and have only moved closer to losing their home. In fact, the disarray in which the lenders find themselves renders them unable to respond timely to the borrower?s inquiries. Most loans are owned in by ?trusts? in ?pools? and are serviced by loan service companies who do not have the authority to renegotiate terms of the loan. The servicer?s authority extends to collecting your payment and issuing late fees and penalties and to pursuing foreclosure if the terms of the loan are not met. The servicing agents are often understaffed and overwhelmed with the volume of work. Their contracts with the lenders typically pay more for the late fees, costs and penalties when you are in default. They do not have an incentive to respond to your request for modification. A typical experience would include calling the customer service 800 number listed on one?s bill, being put on hold for lengthy periods of time, after which time one speaks to a representative in a call center, most likely in a foreign country. One will then likely be transferred to another representative and yet another and eventually, for whatever reason, be told to call back. Every call will be of a similar nature and one will never speak with the same representative, and each representative will have a different ?understanding? as to what is needed, or what is the procedure to follow. This will continue over days and weeks. Nothing substantive happens and eventually the process grinds to a halt --while the foreclosure sale date continues to approach. |
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Inexperienced ?loan modification professionals? will experience the same. The results change significantly, for example, when the lender is told that it has violated the law and is served with a ?Qualified Written Request? pursuant to RESPA to which it must respond within 20 days. Only by doing a thorough forensic audit of your loan documents can one know the facts specific to your case that will allow one to negotiate from a position of strength. In addition, each lender has different standards, different requirements, and different procedures. We have established contacts with the lenders and loan servicers and established credibility with them. Our relationships with mortgage lenders and loan servicing companies allows us to bypass the call centers and overwhelmed loss mitigation personnel and escalate the contact directly to the asset and portfolio managers and the lender?s legal department.
In the event that there may be a question of the borrower possibly having overstated income or overrepresented the value of the collateral at the time of obtaining the loan, the borrower may desire to have attorney representation.
It is important to remember that all of the government sponsored programs are voluntary on the part of the lenders. And the lenders are pursuing their own ?loss mitigation? program as well. Each lender is motivated to protect its own bottom line, and will only be induced to renegotiate a loan where it is in its own best interest. A knowledgeable attorney may be better positioned to make the lender understand that your loan modification proposal is in the lender?s best interest.
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