Archive for December, 2011

Loss mitigation, also known as the loss mitigation department, is usually defined as a third party working on behalf of a lender to help homeowners that are facing foreclosure. It is a division within a bank that mitigates (synonyms – relieves, alleviates makes something less severe) the loss of the bank, or a firm that handles the process of negotiation between a homeowner and the homeowner’s lender.

Loss mitigation works to negotiate mortgage terms for the homeowner that will prevent foreclosure. These new terms are typically obtained through loan modification, short sale negotiation, short refinance negotiation, deed in lieu of foreclosure, cash-for-keys negotiation, or a partial claim loan or other loan work-out. All of the options serve the same purpose, to stabilize the risk of loss the lender (investor) is in danger of realizing. Immediate foreclosure can cause higher losses for banks and lenders. A loss mitigation team or department can help ease the potential risk incurred by a lender by working out terms or loans that may be more manageable for a homeowner thereby limiting the amount of loss by either party.

It has been my experience that the loss mitigation department has a lot of red tape and is not an easily accessible group of people to speak with; in fact if you contact your lender and ask to speak to the loss mitigation department and are not already delinquent on a loan you will be passed around or deferred to someone else with in the bank.

If you feel that your home may be in jeopardy of foreclosure due to a job loss or some other financial crisis and want to go straight to the loss mitigation department to try and negotiate new terms, your chances are very slim that you will get through. Loss mitigation specialists do not negotiate on “potential” losses. By this I mean, if you sense that your debt or bills are spinning out of control and you would like to negotiate new terms with your lender BEFORE you default, trying to contact the loss mitigation department may be a futile effort. They only deal in “current risk”; homeowners that are already behind or delinquent in their loan payments. With foreclosures rates on the rise, the reality is that they barely have enough time to work through terms for homeowner’s whose homes are set to go to auction, also known as a sheriff’s sale or trustee sale depending on what state you live in.

If you as a homeowner end up behind in mortgage payments and receive a default letter or notice of delinquency from your lender chances are the signature at the bottom as well as the contact information for further assistance will be from the loss mitigation department.

Should you find yourself talking to a loss mitigation specialist like I did, you’ll need to be prepared if your intent is to try to workout a repayment option or loan modification. Everything you say during this conversation will be documented in your file. Now is not the time to contact your lender without some idea of your financial status. Being prepared will not only give your a better result when speaking with a specialist but will help speed the negotiations and give you a much better chance of success.

If the lender is willing to work out an arrangement with you, most likely you will be asked to send in all your current financial information, documentation as proof/cause for the recent delinquency and a financial hardship letter.

It is extremely important that you have some idea of what to pull together if you want a chance to save your home from foreclosure. Pulling together random bills as a snapshot of your debt WILL NOT be enough in most cases to get you the relief you seek nor save your home from foreclosure. You must be well prepared if you want to be considered for a workout option.

Believe me I know…I was turned down twice for assistance. The first time I was told I made too much money to be considered. The second time I was told I didn’t have enough income to cover the payments even if I did receive a workout plan. Meanwhile the clock was still ticking on my impending sheriff’s sale until I finally figured out what to do to stop the foreclosure and get a remodification that saved my home. Should you find yourself in a similar situation or facing foreclosure, I’ve made a video that takes you through my personal foreclosure story and explains in detail after weeks and months of research how I over came foreclosure and saved my home by working with my lender’s loss mitigation department.

If you’re interested in finding out How to Save Your Home from Foreclosure – like I did! Follow the above link to watch my 20 minute foreclosure video.. Check here for free reprint license: Getting Through The Loss Mitigation Red Tape.

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Perhaps a financial difficulty has made it difficult to keep up with your mortgage. This is when a householder needs a solution to keep from losing what they have been working so hard to keep. This is when the concept of a home loan modification comes into focus and opens a door to saving your home. This is a helping hand when a heavy financial problem makes it tough to keep up with your payments. It can usually help you avoid foreclosure.

There are plenty of ways that a person can be saved from fiscal chaos during tough times. The first and best way is to you reach out to your lender before you get behind on your payments. Maybe they can offer options that gives you a better way of keeping abreast of your payments. Maybe a loan modification can be arranged.

A loan modification is an agreement that changes the original terms and conditions of the loan. This may help to alter the loan in a way that gives both parties a way to get what they want. The borrower gets less complicated payments and the lender gets paid and avoids the sticky process of having to foreclose on the property. It can open the door to a positive resolution that meets both parties needs.

A loan modification is done only when the bank and the borrower are in the agreement. Of course the bank will attempt to prepare the contract in their favour. It could be good to get the aid of a lawyer who understands loan modification at this time. You can be sure the bank will have one.

Having legal council can cost in the short run but it can avoid a rather more frustrating battle that might be faced by the homeowner. Their home is often their biggest investment so intelligent negotiation is only logical. A good loan modification attorney can be worth their weight in gold… sometimes literally.

A loan modification is a smarter choice for those who want to save their relationship with their lender. It is best to try this because it shows that the borrower can handle their debt in a logical way and is anxious to really pay of the loan.

Some of the loan arrangements that can be changed include:

– There can be a reduction in the interest rate that is being charged on the loan.
– The rate can also be altered from a floating rate to a fixed one. These tiny variations can change the dynamics of the accord between the borrower and the lender.
– There can also be a reduction in the principal that's owed, or the original amount of the loan.
– Penalties or late fees can be reduced or waived by the bank in order to help the borrower to pay the debt off. The concept being to reduce costs so as to permit the borrower to catch up in their payments.
– The term of the contract can be modified also to allow owners the opportunity to rebuild their financial status with the borrower. By expanding the time of the loan, the borrower can have a fighting chance to catch up on their debt and save their financial status from being ruined.

The agreement can also have a once a month cap on the payments and payments can be interlinked to a share of the household earnings. In these types of circumstances, the borrower can be in foreclosure, bankrupt, or in other finance statuses at the time so long as they can handle the modification.

Many of these programs fall under federal and state departments that structure these standards to modify the accord. The government’s Affordable Loan Assistance Program and the accompanying web site has many suggestions on the way to stay in your home and avoid foreclosure when your financial position changes. The website is http://www.makinghomeaffordable.gov and offers many ideas on the right way to modify your loan.

A loan modification is a great way to ease the fiscal stress of the home-owner in order to pay off their funding source. The bank also gets what they desire. Taking action and maybe reaching out to a loan modification attorney is a good way to reduce the stress of a financial difficulty and not lose your living space. But the key is to act expeditiously before things get out of hand.

Rick Hart is an internet business consultant. He provides tools for foreclosure lawyers in Tampa that help with loan modifications.

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