Help for Troubled Homeowners: Do You Qualify?

32238302The federal government has made various initiatives to try to help troubled homeowners with their efforts to remain in their homes.  I wanted to revisit the current loan modification program, HAMP as well as the refinance program, HARP,  that is already in effect for non-defaulting borrowers to refinance their current mortgage.   The question is: Will you qualify?  Question yourself the following questions:

Do I have to really fall behind on my loan payments to be eligible for a loan modification?

No.  Borrowers must simply demonstrate that they are in danger of falling behind on their mortgage and that they don’t have sufficient income to make future mortgage payments.  Borrowers with ballooning mortgage payments or interest rates that are resetting may benefit from the new plot.

What are the loan modification requirements?

To be eligible for modification under the plot, the following criteria must be met:

  • the loan must be a first mortgage on the borrower’s primary residence, and
  • borrowers must currently be paying more than 31% of their monthly yucky income toward mortgage payments,

Jumbo loans that exceed Fannie or Freddie loan limits are not eligible.

Ultimately, of course, your eligibility will be determined by your mortgage lender.

What if I am “under water” and my mortgage is more than the value of my property?

As long as the amount owed on a first mortgage does not exceed 105% of the home’s current value, borrowers with limited equity can refinance into a 30-year or 15-year fixed-rate mortgage.  This refinance option is open to only to borrowers with conforming loans that are owned or guaranteed by Fannie Mae or Freddie Mac.  Borrowers must show that  1.) they are current on mortgage payments and 2) that they will be able to meet the new mortgage payments.

How do I know if my mortgage is owned or guaranteed by Fannie or Freddie?

Borrowers should contact their lender to see if their mortgage is owned or guaranteed by Fannie or Freddie or you can look up your loan online here to check.

Does my lender HAVE to participate in the program?

No. Participation by lenders is voluntary, but the government provides subsidies to encourage lenders to modify loans. For example, mortgage servicers receive $1,000 for each loan modification and can also get another $1,000 annually for three years if the borrower stays current on the loan.

For more information, please visit MakingHomeAffordable.gov

Beat the Bank: Legal Defenses to Foreclosure

If you are served with a summons and complaint from your Lender seeking to foreclose on your home, you should seek advice and retain a real estate attorney who is well versed in mortgage banking and the laws governing foreclosure in your state.  Some of the viable defenses your attorney may raise on your behalf…

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The Tax Man Cometh: NY Reverses Position and Makes Title Abstracts Taxable

Supposedly to be in line with recent judicial case law, the New York State Department of Taxation and Finance has reversed its previous position and now declares that the sale of Title Abstracts are subject to sales tax in New York.  This new ruling will take effect September 1, 2010. The memorandum issued by the…

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Something for Everyone on the S&P Networking Site

Its summer I've been out having fun with my family at the pool, beach, BBQs etc. and unfortunately, my blog posts have become few and far between.  However, I wanted to alert everyone to some new posts over at our S&P Networking site: Events: In person networking is vital – online networking often starts the…

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Home Buyer Tax Credit Extended to Sept. 30th

So Congress finally got its act together and passed a bill extending the closing deadline for claiming the federal home buyer tax credit for real estate purchases until September 30, 2010.  The extension will be retroactive so that the thousands of buyers and sellers who have been mired down by short sales or the lengthy…

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Foreclosure Proceedings and the Right of Redemption in NY

New York is a judicial foreclosure state and the process can take over a year to proceed from Summons & Complaint through judgment and then auction. A homeowner has a right to redeem up and until auction, but unlike many states, there is no right of redemption after Sale (but see Bill proposing to allow…

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Round Two: Suffolk County Supreme Court’s Judge Spinner Takes on Wells Fargo

Having recently issued a decision canceling an Indymac mortgage lien in another foreclosure action, Judge Spinner turns his attention to the outrageous actions of Wells Fargo and holds the mortgage behemoth liable for trespass, resulting in $155,092.00 judgment, in Wells Fargo v. Tyson. At the outset, the court pointed out that the Plaintiff sent a…

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Blackacre 2.0 is informational and provides general information only. It is an exercise in free speech. Under NY rules, this blog may be considered an advertisement. Every effort is made to ensure that it is accurate. You agree and understand that the information here is not legal advice. This blog may not reflect current legal developments. No attorney-client relationship is created by reading or commenting to the posts here. You must consult with an attorney who can determine how the laws apply to your particular facts. Laws change over time and differ from State to State. Applicability of the legal principles discussed may differ substantially in individual situations. New York does not certify specialists in the law, and we do not claim certification in any listed areas.
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