I can't have my interest rate adjusted unless i'm in arrears with my mortgage payments - is this true?

Cat
Both Buyer and Seller
95252

i pay my mortgage to a service company - not the lender direct - and when I called to ask about adjusting my interest rate they said that they would send me hardship documents, but I told them i'm not behind on my payments - yet - we just have uncertain times ahead since we're a construction company that has no work and so I wanted a head of the game, i was told that they can't do anything until I have missed 3 consecutive payments on my home - the whole point is that I don't want to do this! To boot the same company had changed our interest rate from an adjustable (which is stated in the original papers) to a 5 year fixed, without our consent, just a letter to say they did so - is this legal?

Answers (4)
Randall Sandin
Agent
Charleston, SC

Hi Cat - yes, the system is completely messed up right now when you are rewarded for missing payments...even thought your credit is messed up but you get to keep yoru house. In regards to your loan change, that they cannot do without it being in the agreement. You need to check you paperwork and speak to your agent and lender to find out what is going on with that. Happy Holidays!

Randall Sandin
Carolina One Real Estate
843-209-9667
rsandin@carolinaone.com

Thu Dec 11 2008, 11:19
Andrew
Agent
San Jose, CA

You know the system is screwed up when the borrowers behind on their payments are the ones who get "rewarded". There are some exceptions to this however. I have heard that some borrowers are being let out of "option arm" loans and being given low fixed rate loans. This is because this type of loan has a very high foreclosure rate. If your loan I similar you may have a chance.

Thu Dec 11 2008, 11:16
Lynn911.com Dal...
Agent
Dallas, TX

It all depends on how the lender paperwork is authored. Yes most lenders wont adjust rate unless you can show hardship, sorry to hear about your circumstance, if you miss payments it reflects on credit score lowers your overall score.

Web Reference: http://www.lynn911.com
Thu Dec 11 2008, 10:40
Nancy Doyle
Agent
Cape Coral, FL
FIRST ANSWER

Hi Cat,
Sad but true, this is how they are handling this. This is something that must change to end the delima we are in. You must be behind on payments before they will work with you. The government needs to address this or you will have more people walking away from thier homes. I hope we get some legislation or just some changes in the banks on there on soon. Best of luck to you!!!
Nancy http://www.nancydrealtor.net

P.S. Some small local banks are working with home owners, because they know if not, they will own more homes.

Thu Dec 11 2008, 10:23

Didn’t find what you were looking for? Ask a question!

Search Advice
Foreclosure Center
Find the latest articles and answers on foreclosure properties! More »

Ask a question

Got a real estate question? Get answers from locals, experts and real estate pros.
Ask
Email me when…

Learn more

View all » 1 - 3 of 21
Copyright © 2009 Trulia, Inc. All rights reserved.   |   Fair Housing and Equal Opportunity
Help us improve our service—send us feedback