Loan Modification
Loan Modifications
Loan Modifications can help homeowners owing to a process called mortgage modification where the contract terms agreed to by lender & borrower can be modified from the original terms of the Mortgage. A program called HAMP or Home Affordable Modification Program which is part of the Making Home Affordable Program made by the Financial Stability Act Of 2009 has been implemented to help 7-8 million struggling homeowners who are at risk of foreclosure. The Programs (HAMP) purpose is to make standard Loan Modification guidelines for services such as banks, credit unions, VA, FHA, USDA & Centralized Housing Finance Agency, when evaluating a borrower for a potential Home Loan Modification to take into consideration numerous key factors.
There are particular eligibility requirements for the HAMP Loan Modification program.
- Loans originated on or before January 1, 2009
- First-lien loans on owner-occupied properties with unpaid principal balance up to $729,750
- Higher limits allowed for owner-occupied properties with 2-4 units
- All borrowers must fully document income, including signed IRS 4506-T, proof of income (i.e. pay stubs or tax returns), and must sign an affidavit of financial hardship
- Property owner occupancy status will be verified owing to borrower credit report and other documentation; no investor-owned, vacant, or condemned properties
- Incentives to lenders and servicers to modify at risk borrowers who have not yet missed payments when the servicer determines that the borrower is at imminent risk of default
- Modifications can start from now until December 31, 2012; loans can be modified only once under the program
Terms and procedures
- Participating servicers are required to service all eligible loans under the rules of the program unless explicitly prohibited by contract; servicers are required to use reasonable efforts to obtain waivers of limits on participation.
- Participating loan servicers will be required to use a net present value (NPV) test on each loan that is at risk of imminent default or at least 60 days delinquent. The NPV test will compare the net present value of cash flows with modification and without modification. If the test is positive: meaning that the net present value of expected cash flow is stuck-up in the modification scenario: the servicer must modify absent fraud or a contract prohibition.
- Parameters of the NPV test are spelled out in the guidelines, including acceptable discount rates, property valuation methodologies, home price appreciation assumptions, foreclosure expenditure and time lines, and borrower cure and redefault rate assumptions.
- Servicers will follow a individual sequence of steps in order to reduce the monthly payment to no more than 31% of yucky monthly income (DTI).
- The modification sequence requires first reducing the interest rate (subject to a rate floor of 2%), then if necessary extending the term or amortization of the loan up to a maximum of 40 years, and then if necessary forbearing principal. Principal forgiveness or a Hope for Homeowners refinancing are acceptable alternatives.
- The monthly payment includes principal, interest, taxes, insurance, flood insurance, homeowner’s association and/or condominium fees. Monthly income includes wages, salary, overtime, fees, commissions, tips, social security, pensions, and all other income.
- Servicers must enter into the program agreements with Treasury’s financial agent on or before December 31, 2009
Loan Modification can help homeowners save their Home from foreclosure and can have many benefits as well. Some key benefits are reducing the principal amount, saving tens of thousands of dollars by lower interest rates, reduction of penalties and late fees, capping monthly payment based on percentage of household income. Loan Modification can include participants that are current, late,
in default, liquidation or foreclosure and may vary from program to program.
Resource: Wikipedia HAMP