loan mod

Asked by Seg, 91311 Fri May 15, 2009

I applied for a loan mod in Dec.08 and was approved. I have been making the lower payments since feb as advised. On May 6th I was informed that my mod was cancelled due to income. Now they want all the back paymentss. I advised I was unable to pay them and I now have to go through this process again. Has this happened to anyone else. They do have to help as I have been making the partial payments as agreed. Should I get an attorney. What to do?

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Keith Manson-…, , Milwaukee, WI
Fri May 15, 2009
To be honnest I started seeing a lot of this since the stimulous program came out in march. The lenders seem to keep changing their minds and requesting information over and over again. The cases I have seen attorney's involved have been no better than other cases. If you get a attorney involved get an attorney involved that understand foreclosures in your state. Do not use an out of state mod company. If the foreclosure has not started yet, you are in a better position to deal with the lender. However, I would go down multiple paths at the same time; i.e.; modification and short sale.

Find out who the investor is which will help you understand if it meets the stimulous program. If it does meet the stimulous program they should deal with you. If it is not part of the stimulous program they do not have to do anything but it is wise for them to work it out. Try to escalate it as high as you can.

Keith Manson
First Weber Group
Certified Distressed Property Expert
Greenfield, Wiscosnin
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Chris Mabry…, , Tucson, AZ
Fri May 15, 2009
Wow! I have never heard of this happening. Sounds like the mortgage company is acting irrationally. Did your loan mod have an income cap and a timeframe for adjustments by the lender? Were you dishonest about your income when applying for the mod? I would think that the lender would not have approved it in the first place if your income was too high to qualify, but for them to come back and request back payments sounds crazy! (unless you lied) This sounds to me like you need the advice of a real estate attorney. Maybe there is a clause burried in the fine print of the loan mod agreement giving them the right to do this. Yikes! I would be very interested to know how this one plays out. Sounds like you've been through the ringer. Good luck to you.
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