Can I Do This Myself?
There is a very small chance a borrower could pull off a loan modification or
pay rate reduction alone. As many borrowers know from experience,
there is a thick layer of resistance at mortgage lenders
to any suggestion of a workout from the borrower directly.
They will listen to your lawyer though. If the lender forecloses
on your home they will be the owner and they will sell your
home and pocket any equity. They will use everything you
say against you. They will want lots of cash down to do a
forbearance payment plan you can’t afford. You lose the cash
and your home. We are attorneys and retired bankers and know
your rights. We will protect you and your home.
How Long Does The Process Take?
There is no exact answer. Generally,
the process can take only a few weeks, up to a few months.
If a government guaranteed loan is involved (FHA for instance),
the process will take longer to work out.
Fortunately, most lenders will work
quickly to approve a loan modification program once they
have received a complete package.
Most lenders will postpone the sale
of your property if they have received a complete package
at least two to three weeks before the sale date.
How Much Time Do I Have Before They Sell My Home?
Every situation is different, typically
in California the entire foreclosure process takes about
three months. The faster we start the loan modification process
and the more time we have to work, the greater the likelihood
of success. If you are unsure of the foreclosure laws in
your State contact a local real estate professional, or our
office.
What if my foreclosure sale is very
soon?
If a foreclosure sale is less than
30 days away, the only option may be to do a chapter 13 bankruptcy
and use the time afforded by that process to negotiate with
the lender. If a California bankruptcy is necessary, an additional
legal fee is required to cover the additional legal work.
Payment plans are always an option.
Remember: maximum success is possible
when we receive the client’s information as far in advance
as possible before the filing of the notice of sale.
To get started on a Loan Modification
case, simply print and sign the Retainer
Agreement and
return it with a cashier’s check for
the appropriate amount. We will follow
up with
you on what
documents we need.