Thursday, 10 January 2013

Loan Modification and Bankruptcy. The Good, The Bad, as well as the Ugly

By Betty Shaw


Again we're not bankruptcy attorneys or offering legal advice. That being said let us briefly discuss bankruptcy and loan modification and just how it can work for you and against you.

Bankruptcy and foreclosure must be avoided if you're trying to keep a good credit score. There are two common kinds of bankruptcy are Chapter 7 and Chapter 13.

Bankruptcy could be filed up to the minute before the foreclosure sale. It will stall the sale in order for a Bankruptcy trustee to determine if you qualify.

Just like a work-out and mortgage modification of course you need to qualify. Not everybody will be accepted. If you are considering bankruptcy you want to contact your attorney and see if he or she thinks it is appropriate for you.

Our team has contact with outstanding bankruptcy attorneys if you don't have one and would happily recommend you.

What Exactly Is A Forensic Loan Audit?

A Forensic Loan Audit is actually an audit on loan documentation to uncover offenses and complications. It is an extensive comprehensive review and investigation into the homeowners/borrowers existing loan.

The main types of violations are the following:

* Good Faith Guideline Violations

* Borrower Approved For Loan(s) They Are Not Capable To Repay

* Truth in Lending Act Violations

* Real Estate Settlement Procedures Act Violations

* No Net Benefit to Borrower

If there's one example of these kinds of offenses on the forensic loan audit, there is a very high possibility a loan modification can go through and even lead to receiving money back to the borrow/homeowner.

Mortgage service providers make mistakes in the loan records at all times. If the loan previously transferred over to different loan providers then chances are they screwed up along the way.

You will be capable to prevent your foreclosure based on related kind of errors - for example perhaps the mortgage holder said you were supposed to pay them unwanted charges or said that you need to pay them much more than what you really owed them.

Ways to get information about errors?

The more information you will get from your mortgage provider the better. A federal law known as the Real Estate Settlement Procedures Act (RESPA) provides a way to challenge common types of errors such as inappropriate fees, incorrect computation of interest, or even failure to apply credits appropriately. It also provides the information you'll want to make this kind of challenge.

The first step would be to write the loan provider what is known in RESPA as a Quality Written Request identifying the borrower and also the account plus the information and facts you're after.

How's an audit different from a loan adjustment?

A loan modification is actually where you ask the loan provider to change the provisions of your mortgage so your payments will become more economical. For example, they can lower your rate to 2%; lower your monthly payments and possibly your total mortgage balance.

An audit does not modify the loan terms but it does make them much easier to modify. As soon as you are qualified for a loan modification the loan audit may be used as a settlement tool to get you the lowest charge and payment possible.

NOTE: You could also use a forensic loan modification audit results to sue the lending company regarding damages and remove unfavorable reporting on the credit record regardless of your state laws. In some instances you can be awarded your property "free and clear".

Get started today, you will be capable to...

* Stall or Stop a Foreclosure

* Cancel your Mortgage and Keep Your Property

* Eliminate back payments

* Reduce your payments

* And much, much more...




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