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Steele Propp Licensed Real Estate Agent,  Minneapolis,  MN

Date: April 29

I personally don't do loan modifications but am involved indirectly nearly every day being in the foreclosure business.

While in my state and many others, there are, in fact "free" sources of assistance, I am finding that these services vary all over the place in terms of success. One major source here recently claimed a success rate of 55%. While that is fairly good it still means that they were "unsuccessful" in 45% of the cases and those properties went on to foreclosure.

One of the problems I see is that there is no way these non-profit organizations can handle the load of work being dumped on them. In my metro area while there are several sources of help in the main counties some of the outlying areas have one or two counselors. The work load must be staggering

So my conclusion is that both for profit and non-profit avenues should be available. The consumer should be aware of both. The scam artists still need to weeded out, but if properly supervised the "for profit" loan mod companies have a place (IMHO).

And some are having very high success rates. Of course, unlike the non-profits who feel that they have to help everyone, the smart private companies are more picky and don't take just any case on.

What I like about Minnesota is that a loan originator license is required and any fees are still dependent on work performed. The companies I am monitoring even place the fees in an escrow account until work is completed.

FWIW

Steele V. Propp, Foreclosure Specialist

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John Cleek Licensed Real Estate Agent,  Louisburg,  KS

Date: April 29

I'm sure this advice is born out of good intentions and my also reflect a fear that too many REALTORS� already fail to observe the caution against offering legal advice to clients. Some of the things I hear agents saying is scary in terms of the liability they expose themselves to by appearing to practice law without a license.


 
It's too bad that those who understand well the distinction and who would not cross the line between assisting a client or advising a client regarding the real estate aspects of loan modification are unable to do so out of a concern that others would take the opportunity to interject themselves even deeper into the offering of legal advice.

 

John

 
John E Cleek, Ph.D., e-PRO,
Certified Short-Sale Professional
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The CrownPlatinum Team
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On Apr 28, 2009, at 7:35 PM, Rossi wrote:

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RealTown - The Real Estate NetworkRealTalk
Foreclosure
RE: Loan Mitigation Services
Rossi Educator Raleigh, NC, NC
Apr 28, 2009
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Paul regarding Mortgage Modification says, "many many banks are doing them FREE these days anyway. Yes Paul, they all are supposed to, but have you tried to talk with a mortgage lender/servicer regarding modification? Watch what happens to Congresswoman Maxine Waters when she tried on NightLine.

The old, "If you have to pay, walk away", just doesn't cut it.

Keep Smiling,

Rossi, Certified e-PRO Trainer
ROSSI Speaks, inc.
Edutainer, Intuitionist, Thought Artist, Humorist, Motivator, Bon Vivant, & Lifestyle Mentor
E Me mailto:Speak2Me@RossiSpeaks.com
See Me http://RossiSpeaks.com

Text Me
Call Me 919-846-6333 / 800-722-7543

Author of top selling marketing book
"Dog Eat Dog & Vice Versa:
9 Secrets To Put The Bite Into Your Marketing"
Signed copies available from Rossi at
http://DogEatDogAndViceVersa.com
Or unsigned at http://Amazon.DogEatDogAndViceVersa.com

 
 

 
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Date: April 29

We have a client in Colorado willing to pay a fee to a service to help them with a loan modification as they had loss of income since their home purchase and can probably qualify under the Obama plan. The problem is, how to sift through all of the loan mod services to find one that is actually ethical and will do the job for them? Any suggestions?

Karin Tilley

TILLEY&ASSOCIATES

303-707-1125 Office

303-589-4887 Cell

teamtilley@comcast.net

REAL ESTATE SALES & MORTGAGE

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Zackary Souza Licensed Real Estate Broker,  CA

Date: April 29

Many great comments on loan modifications above.

WHY LOAN MODIFICATIONS ARE SIMPLY INEFFECTIVE IN NEARLY ALL CASES
If anyone received a loan at the closing table that wasn't what was promised or discussed, there is a far more effective program, so keep reading J.
Many loan modification companies provide a great service to the consumer. Many others are wolves in sheep's clothing or former lenders who created the global economic problem to begin with.
Here's the real problem with loan modifications. First of all many of the servicing companies do not actually own the mortgage. They have predominantly been collateralized and packaged as a security on the global market.
So what does all of this mean to an individual distressed borrower? Well, simply stated the banks CAN NOT MODIFY A LOAN THEY DO NOT OWN! They know they can't help the borrower immediately and they simply try tactics to get money from them.
The servicers and wholesale brokers promised the ultimate investors with contracts as long as 300 pages long a net return for the loans they were sold. That's why the only remedy available to clients of loan modification is reduced interest rates for 3-5-7 years and penalties and interested amortized and extended on the back end of the loan. The client is never really better off then when they started and are still facing foreclosure when the payments bounce back up again.
Many of these loan modification companies who do charge are now getting remedies that the clients can get for free from the lenders. Even so, many lenders are giving customers the run around just to extract a few more dollars from the clients just before they foreclose on them anyhow. I am in California and many of the programs are exempted for CA borrowers because our loan to value ratios and debt to income ratios are so out of balance.
I would steer clear of loan modification companies and try to do loan modifications straight with the lender.
NOW: If you or your clients were given a loan that they never understood or changed at the closing table without their knowledge or understanding. There is another legal option available. My company does fraud investigations and we prepare litigation in Federal Court on behalf of the clients.
The biggest difference with our company (usloanauditors.com) and loan modification companies is quite simple. The loan modification companies only deal with customer service reps, and only if they are lucky enough to even get a live person. They usually deal with a third party servicer who doesn't even own the loan. They end up having to deal with the non-sense bureaucracy of the bank. I know many of my clients were strung along for 3-4-5-6 months in the systems of many well known lenders just to be denied.
We don't talk to people who make minimum wage our attorneys only speak to Federal judges who then order these companies to produce evidence the attorneys demand in court.
We have a very powerful negotiation tool.
If you have questions or you would like to learn more please contact me.
Zack Souza, Fraud Investigator
US Loan Auditors
916-248-5003
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Peter Miller Writing/Editing

Date: April 30

Hi --


Tiley writes and says, "we have a client in Colorado willing to pay a fee to a service to help them with a loan modification as they had loss of income since their home purchase and can probably qualify under the Obama plan."

Why do they want to pay a fee? There is no charge for a HUD counselor.

For more information, please see:


and


and


All the best.


Peter G. Miller
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Date: May 1

I believe that beyond facing some financial hardship from the husband having his income reduced, they have some issues with their loan terms changing from what they were initially told as well as other issues so there may be some RESPA or TILA violations. I was not involved in their choice of lender and they have since told me that the person they worked with is no longer at the company. I think they feel that if they could use a loan modification service coupled with attorney sevices to help sort through their loan documents that it would be beneficial. They have told me that they have received offers in the mail from modification service companies and most seem to be based in California and they would feel more comforatble working with a local Colorado company.

There are free services available but there has not been a lot of good press as far as the free services modifying loans enough or even at all. Practically speaking, if they could pay what seems to be one house payment or less for a better outcome it might make sense. Most of us believe that you get what you pay for. I will not put myself in a position to give what could be construed as legal advice - I was only hoping to come up with a list of companies from recommendations that perhaps someone on this site had some good experience with and then suggest that they do their own due diligence.

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Peter Miller Writing/Editing

Date: May 1

Hi --


 
TeamTiley writes and says regarding loan modification services that "there are free services available but there has not been a lot of good press as far as the free services modifying loans enough or even at all. Practically speaking, if they could pay what seems to be one house payment or less for a better outcome it might make sense. Most of us believe that you get what you pay for. I will not put myself in a position to give what could be construed as legal advice - I was only hoping to come up with a list of companies from recommendations that perhaps someone on this site had some good experience with and then suggest that they do their own due diligence."

 
Has there been a lot of good press regarding loan modification services for which people pay?

 
All the best,

 
Peter G. Miller
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Date: May 3

Thank you Peter - I had already sent them to the site - http://makinghomeaffordable.gov/ and
http://www.hud.gov/offices/hsg/sfh/hcc/fc/. I will forward yours as well - http://www.ourbroker.com/?p=2408 - good info - thank you!

From what I have read, the free government help has not provided much help. I believe their feeling is - as someone else here said - you get what you pay for. Of course the lenders will modify loans at no cost. It makes sense that the lender wants the homeowner to work with them directly - the lender's goal is to get as much money as possible from the homeowner. From what I have read, one of the reasons homeowners are defaulting even after the modifications is in part because the modifications did not help enough.

I am not sure that there is any press about attorney based loan mitigation companies - good or bad. I think from a practical viewpoint that most attorneys would not risk their license by doing something questionable. On the other hand, all of these modification companies that do not require licensing can set up their company on the internet, send mailers out to a notice of default list and if they screw up they can change the name of their company and keep on making money.

Since they feel strongly that there were RESPA and TILA violations, it probably makes sense for them to use an attorney based modification service.

Thanks for your input.

Karin

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speak2me Real Estate Educator ,  Raleigh, NC,  NC

Date: May 6

Karin said, "From what I have read, one of the reasons homeowners are defaulting even after the modifications is in part because the modifications did not help enough."

Karin, true in part. There are three ways a loan can be modified; Forbearance, Refinance, or Modify (reduce interest rate to a minimum of 2%, increase the term of the loan to a max of 40 years, reduce the loan amount, or a combination of all three.) Any one of these will constitute a Mortgage Modification.

And that's why your perception is partly correct. Let's take forbearance; that's where they forgive the late or missed payments and re-amortize them into the next payments. Bingo you've just had a mortgage modification. If I can't make my payments now, what makes the banks think I can make bigger ones later?

How about refinance? This just stalls delinquency and foreclosure.

If they (the lenders/servicer) would go for real Modify then it would work. The goal of modification is to keep the borrower in their home. However, to do this mortgage lenders would have to hire and train staff to handle the millions of calls they would get. And they want to put their TARP money someplace else. Instead of saying to the government, "We can't afford to do this," they are spending TARP money on lobby efforts to STOP mortgage modification companies!

I'm just getting started… grrrrrrrr

Keep Smiling,

Rossi, Certified e-PRO Trainer
ROSSI Speaks, inc.
Edutainer, Intuitionist, Thought Artist, Humorist, Motivator, Bon Vivant, & Lifestyle Mentor
E Me mailto:Speak2Me@RossiSpeaks.com
See Me http://RossiSpeaks.com

Text Me
Call Me 919-846-6333 / 800-722-7543

Author of top selling marketing book
"Dog Eat Dog & Vice Versa:
9 Secrets To Put The Bite Into Your Marketing"
Signed copies available from Rossi at
http://DogEatDogAndViceVersa.com
Or unsigned at http://Amazon.DogEatDogAndViceVersa.com

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speak2me Real Estate Educator ,  Raleigh, NC,  NC

Date: May 6

Peter G. Miller asks, "Why do they want to pay a fee? There is no charge for a HUD counselor.

Peter the answer is…

There are up to as many as 25 million homeowners in mortgage trouble currently and the government has 30 HUD counselors.

Keep Smiling,

Rossi, Certified e-PRO Trainer
ROSSI Speaks, inc.
Edutainer, Intuitionist, Thought Artist, Humorist, Motivator, Bon Vivant, & Lifestyle Mentor
E Me mailto:Speak2Me@RossiSpeaks.com
See Me http://RossiSpeaks.com

Text Me
Call Me 919-846-6333 / 800-722-7543

Author of top selling marketing book
"Dog Eat Dog & Vice Versa:
9 Secrets To Put The Bite Into Your Marketing"
Signed copies available from Rossi at
http://DogEatDogAndViceVersa.com
Or unsigned at http://Amazon.DogEatDogAndViceVersa.com

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