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Old 10-15-2010, 08:07 AM
 
1,505 posts, read 1,810,837 times
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I have a friend who has a mortgage modification. Her modification was only $300 or 400 less per month which means that she still cannot afford the mortgage. The process was messy, had to submit information twice, received foreclosure packet before modification packet was sent, short inappropriate conversations from customer service when she called.

Since she still cannot afford the mortgage, what are her options? Should she not pay her mortgage for a month and use the money to get an attorney to review the modification? Can she request a mediation? What should she do at this point? Her mortgage is with HBSC or HB something.

Thanks.
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Old 10-15-2010, 08:26 AM
 
Location: Plano, Texas
1,673 posts, read 7,019,437 times
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Has she tried to sell the house? If underwater she could look at doing a short sale but from what you have said she cannot afford this home.
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Old 10-15-2010, 01:35 PM
 
Location: Dallas, TX and wherever planes fly
1,907 posts, read 3,230,595 times
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Quote:
Originally Posted by VictorBurek View Post
Has she tried to sell the house? If underwater she could look at doing a short sale but from what you have said she cannot afford this home.
True, Provided she dosent make too much money per HSBC's investor guidelines. That can really mess you up.
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Old 10-15-2010, 01:42 PM
 
5,342 posts, read 14,142,209 times
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Quote:
Originally Posted by blondiel View Post
I have a friend who has a mortgage modification. Her modification was only $300 or 400 less per month which means that she still cannot afford the mortgage. The process was messy, had to submit information twice, received foreclosure packet before modification packet was sent, short inappropriate conversations from customer service when she called.

Since she still cannot afford the mortgage, what are her options? Should she not pay her mortgage for a month and use the money to get an attorney to review the modification? Can she request a mediation? What should she do at this point? Her mortgage is with HBSC or HB something.

Thanks.
"only $300 or $400 less/mo."

Mediation?

Your friend should either make her payments or forfeit the propety.
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Old 10-18-2010, 12:55 PM
 
Location: New York
2,251 posts, read 4,916,356 times
Reputation: 1617
Quote:
Originally Posted by blondiel View Post
I have a friend who has a mortgage modification. Her modification was only $300 or 400 less per month which means that she still cannot afford the mortgage. The process was messy, had to submit information twice, received foreclosure packet before modification packet was sent, short inappropriate conversations from customer service when she called.

Since she still cannot afford the mortgage, what are her options? Should she not pay her mortgage for a month and use the money to get an attorney to review the modification? Can she request a mediation? What should she do at this point? Her mortgage is with HBSC or HB something.

Thanks.
I understand the situation - but need more information before I can advise which course you need to take. Realizing HSBC not being the easiest lender to work with.



Deciding whether or not to keep the home. You need to look at the results of two tests. One is an affordability test to show she makes enough income to make even the smallest payment.

a) the affordability test (on a mortgage calculator) - 360mth x 2% x $Loan Amt =

b) the income test - multiply the gross monthly income x 31% =



Is the income higher (b) than the affordability test (a)? If so there is room to negotiate. If it is lower, the choices are to make more income or let the home go.

You said she just completed a modification. Is this a trial plan or the final modification? Has she made the 1st payment of the new modified loan?

If your friend already signed and accepted the Lender modification, and she made a payment. If you are late in the next 12months (probationary period), the Lender can move directly to foreclosure. Depending on the state - either a trustee sale, or a court sale.

Were there missed payments, they did a forbearance plan? They might of lowered the principle payment, but added a 2nd catch up payment for the arrears.

----

Last month I took in a case exactly like yours - where the home owner tried to do his own modification. He signed and agreed to the mod. The first modified payment - to make it they used the rest of their savings. They made the second payment after borrowing money from family. They have no income for the third payment.

Because he accepted the modification terms from the bank. Had to show default is imminent due to the modified terms by the Lender. We are working directly with the banks attorney.

Due to the rules of this forum - I cannot publicly post my contact information. I sent you a PM, if you want to further discuss you options.

...





.
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