I would like an attorney in San Diego that will re-nogotiate my loan with the lender.

Elaine Lowry
Home Buyer
San Diego, CA

Can you recommend an attorney in San Diego that has experience in this. I would like the interest lowered and the term extened. I can not refinance.

Answers (3)
Tonya
Agent
San Diego, CA

Check out http://www.assistmymortgage.com, then contact me for more info. I can schedule a free consultation for you. (Tonyacahomes@gmail.com)
"Mortgage Assistance Centers' Legal Advantage. Having the right legal representation can make or break any opportunity you may have to modify your home mortgage. M.C. Rick Norton of the Law Office of Norton & Grimes has over 28 years of experience in Real Estate Law. Personally licensed in Florida since 1980 and California since 1993, Mr. Norton oversees a prominent national network of experienced legal negotiators, dedicated to assisting our clients in achieving the best results possible. Our legal team are aggressive and effective advocates for each of our clients, and personally review all files to confirm the best course of action for each particular situation."

Wed Jul 8 2009, 20:39
Jim Walker
Agent
Roseville, CA

Attached article for your review.
10/2/07

How To Evaluate Mortgage Bail-Out Programs

By Gail Liberman and Alan Lavine

"Many programs offer to bail you out of an impending mortgage rate increase. Do any really help?

Major considerations: Often, these programs require counseling sessions, which may take too long if you're in a loan due to reset soon. Some have special requirements, which may disqualify you. You first may have to negotiate with your lender, who may or may not help. The loan terms for which you qualify may be unattractive. Also, investment property or non-owner-occupied property may be excluded.

So where can you turn if your adjustable-rate mortgage rate is resetting to be assured of fast help?

FHASecure, the program recently announced by President George W. Bush, may be about the first to get borrowers, at risk of foreclosure, into a new loan fast.

As of last week, 35 FHASecure loans had been originated, and Countrywide Financial Corp. (CFC) had started offering the program. Offices of First Horizon Home Loans, an affiliate of First Horizon National Corp. (FHN), Memphis, were gearing up to launch FHASecure. Learn more at http://www.fha.gov.

FHASecure aims to get your loan payments back to around what they were before the loan rate reset, says Bill Glavin, the U.S. Housing and Urban Development's special assistant to the federal housing commissioner. The program has strict rules, which generally are the same as for a traditional Federal Housing Administration mortgage.

The chief difference: For FHASecure, you must be delinquent on your mortgage for 30 days due specifically to a rate reset. You also must have made at least six consecutive payments on time prior to the reset.

Catches: You can't use this loan to refinance an FHA loan. Much like FHA loans for low-down-payment borrowers, you generally must have 3% equity in your home. Also, loan limits vary by geographic region -- to a maximum $362,790.

Some lenders, Glavin says, may issue this type of loan even with a bankruptcy.

Nonprofit Help
Can't qualify for FHASecure? The Neighborhood Assistance Corporation of America, or NACA, on Monday was touting a 5.625% rate on a 30-year fixed-rate mortgage for refinances in many areas. NACA is a Boston nonprofit IRS 501 (c) 4 social action organization and mortgage broker.

So far, the organization -- at http://www.naca.com -- has $1 billion, obtained from large banks, specifically to refinance predatory loans. There are no down-payment requirements, points, closing costs, fees or credit score considerations.

To qualify, however, you must have a predatory interest rate, currently at least 10%, or the home must be in need of substantial repairs. You must have had your mortgage at least two years. It must be based where the program is available and meet specific maximum regional purchase price limits.

You can't be using loans to pay for living expenses, and all properties must have a thorough home inspection and termite inspection. If applicable, a septic inspection may be required.

The attractively priced loan requires a $50 monthly fee toward a "Membership Assistance Program," once you get the loan. That money, says Chief Executive Bruce Marks, funds free counseling and short-term financial assistance for up to three mortgage payments in case you can't make monthly payments. The $50 fee must be paid monthly for five to 10 years, depending upon the amount borrowed.

There also is a $20 annual fee per household to join the advocacy group once counseling actually starts. Based on a $200,000 loan, your monthly payment -- even with added NACA fees -- would be about $80 less at that program's 5.625% rate than with the going average 6.66% 30-year fixed-rate mortgage rate, according to HSH.com.

Major catch: Refinancing through NACA is not guaranteed after you apply. It's one solution that may arise from a mandated counseling session. Other potential solutions: restructuring the loan with the lender or working out a payment plan so the borrower gets current.

"We would look to see what is the most appropriate action," Marks says.

What To Watch Out For
More national lenders need to step up to the plate to refinance loans on more attractive terms, says Kate Crawford, consumer protection chairwoman for the National Association of Mortgage Brokers.

When considering a refinancing program, Crawford suggests taking these steps:

- If counseling is a requirement and a loan reset imminent, get a commitment upfront on how long the counseling session will take.

- Get a good-faith estimate of all costs before you apply.

- Always make a payment on your mortgage -- even if you're behind.

- Refinance only with a fixed-rate mortgage." see link for full text.

Web Reference: http://www.tcpalm.com
Tue Oct 2 2007, 22:16
FIRST ANSWER

We are hoping that this kind of work out with a lender will become an option and a more common alternative to foreclosure in the future.

An attorney unfortunately, is not going to have much more luck than you will have yourself negotiating with your lender at this point. You can sometimes get a lender to agree to a forebearance allowing you a short break in making your mortgage payments "due to extenuating circumstances" but renegotiating the rate and terms is probably not going to happen.

The lenders are not yet fully into realizing losses on their loans going south and there is at least an 80% chance your lender sold your loan to another investor and may have even retained the servicing of your loan.

The chances, at this time, of negotiating a lower rate and changing the term of your loan are unfortunately, slim to none.

Tue Oct 2 2007, 21:57

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