Monthly Archives: February 2017

Does Bankruptcy help establish new credit?

As with debt rates in America, many are held in one form of it or the other. Mortgage repayment issue is one of those in the front burner. Getting a debt relief is no doubt an option many seek out of this problem. The most obvious method of getting out for many US dwellers is the bankruptcy approach.

As for whether filing a bankruptcy will help you out with new credits is what you’ll get to find out with loan modification companies who are experts and experienced managers in this area. Note that getting a loan modification lawyer to help with interpretation would help here.

Bankruptcy filing changes in 2005

Bankruptcy as a last resort in most cases has been viewed as a means of getting out of debt and often time, abuse of the system was common. In 2005, the American government made some clear changes of the laws guiding the process with the enactment of the Bankruptcy Abuse Prevention and Consumer protection act (BAPCPA). These changes brought about some limitations and requirements for bankruptcy. You’ll want to check on how chapter 7 and 13 of the laws which is most prominent by users will affect your decision whether bankruptcy would help your credit score or not.

Chapter 7

With chapter 7 changes, you are sure to get a clean slate of health on your debts with regards to those included in the bankruptcy filing. But know that this will not come without going through a means test to ascertain your earnings if enough to pay all or part of it. Getting a loan modification tester would save you in this. You’ll also bear a report regarding your credit capabilities on your report for ten years which may not sound good.

Chapter 13

For this modification, your debts are not totally cleared. You are put in an arrangement with the court on how you’ll pay back monthly depending on your earnings. The duration ranges between 3-5 years for most repayment.

How can I Stop the Sheriff Eviction?

You can stop a sheriff eviction from your property if you take the move in the right time. Most often, many homeowners wait too long trying to figure out ways to meet up with their loan demands. And this can be very costly when they finally get a solution because it might come too late for lack of time. Here are some ways you could take to save your home from being taken over. With loan modification help and guide, you can stop the sheriff before the time!

Just before the foreclosure

Many mortgage homeowners are overwhelmed with their financial condition that they never take some good measures on their mortgage terms. If you are aware of your mortgage terms, you would take the first moved to contact the mortgage company or bank to work out ways to help in the extension of proceedings such as foreclosure. Doing this gives the company confidence about you and would be willing if clear means on your moves is stated. But what if this stage has passed and the sheriff is next on line for the eviction.

File a motion immediately

Filing a motion is an ideal way to stop the sheriff eviction if you have a financial way out of the situation already. If the reasons given are something to stand by, you can have an extension of the eviction. Some homeowners might have a dependant who are ill or disabled who had the need for care at the time. State your reasons and give feasible ways you can pay up the mortgage in the stipulated time.

Get legal assistance aid

Legal assistance can help especially if you engage a reliable loan modification service company to help in your situation. The United States department of housing and urban development can help people having financial issues on their mortgage.

What is a loan servicing company?

Why a loan will help solve some problem for the borrower, it takes some processing for you to get what you want at the right time. The lender is very cautious and would want everything done to have a good cover for the company which invariably the borrower may not fully understand.

Loan service companies are companies either private or public owned which render services in this line to help with every loan related issue on behalf of the borrower. They act as an agent between the lending company and you their clients. A Loan modification company can be regarded as a subset of loan service companies even though they are used interchangeably at times.

You would do well to find some around your neighborhood if you are going to be involved soon. Here are some of their services:

Loan modification services

When a loan is becoming hard to pay, loan modification companies which are a loan servicing company help the loan borrower get some modifications that would help reduce his debt and making the lending company see how that would also be beneficial to them in the long run.

Helping you with foreclosure alternatives

Foreclosure is what no one wants to get into. Losing your property due to a loan default can be adjusted or modified to get you out of it with the help of loan modification Service Company.

Help with mortgage contract

Mortgage contracts can be sped up when the right person takes up the task. Loan servicing companies help with this. They act as your agent on your behalf. They carry things like the drafting of loan terms, process, send and receive funds for you. They also get the necessary monthly reports and yearly statement for you including tax forms to be filled.

What Happens during a Foreclosure Eviction?

The mortgage is a way many have become homeowners in the US. Though a good means since it would almost take forever to be able to save enough to buy a house, it can for some reasons become a debt that would be too hard to get out. The resulting failures to meet up with payment may be followed by foreclosure eviction.

When you are served a Foreclosure

This is the legal means by which you forfeit your mortgage property for defaulting payment. Before the closure is issued by the court, you are served a sequence of notification from the mortgage company. You are first served, Notice of Default, then, Notice of acceleration and finally, Notice of sale If you fail to comply with payment terms. This final stage of notice will state the date and time the foreclosure would take effect. You’ll definitely need a loan modification expert to escape this move.

Foreclosure eviction

The foreclosure eviction is the final move to get the occupant of the house to vacate forcefully. This is backed up by legal means for the new owners or Mortgage Company to take over the house. To enforce the eviction, normally, the law enforcement agents like the states sheriff or the police are engaged. During the eviction, eviction in most cases is for the defaulter and not the content of the home.

It is always a nightmare to go through an eviction because you may not have got a temporary place arranged for your property to be kept before securing a new place for accommodation. To avoid this kind of situation, it is always good and safe if you have loan serving company to offer some counseling on how you could have been saved out of the situation.

Does a Tax Deed take precedence over a Mortgage?

When a property is owned either through direct purchase or from a mortgage, the owner is required to pay tax on the property to the government. A defaulting in tax payment can be shocking as you would forfeit your house for that single action. This is where tax deed comes in. More on loan modification tips will give more details on this.

What a tax deed is

A tax deed is a legal right for the government to sell a property of a tax defaulter in a bid to pay the tax owed the government. The sales of such property are usually done through auction and at a very low price value. Many people get to buy cheap things through the process. But what if the house is under mortgage, what will apply?

 Tax deed, the law, and mortgage

A tax deed supersedes a mortgage contract. So, in a situation the government takes over a property and sells same, the mortgage company loses completely. This is the case in the US and different state laws may have to apply according to the laws of that particular state. The mortgage companies or banks do protect their investments to avoid this situation.

Mortgage companies are proactive

Mortgage companies knowing the gravity of tax penalties, often take care of tax payment for them not to fall victim of the tax deed saga. In some county and states, the process tends to protect the lenders in some ways. For instance in Maryland, the lender or bank is called up during the deed sales to get a hold of their investment.

With experiences of this, mortgage companies are always proactive on this issue by paying the tax even before the deed sale come. Some also have a cover on this by being responsible for tax payment. The fact is the tax deed is superior to the mortgage contract. Let a loan modification lawyer be around to guide during this process.

Understanding your rights when it comes to Foreclosure?

Foreclosure is the ability of lender to take back the property when the homeowner defaults in the payment. When a lender gives money to buy a property the homeowner has to repay in monthly instalments. When the homeowner is unable to pay, the lender can sell the property to repay the debt. To avoid this homeowner can get in touch with a loan modification company.

A loan modification expert in the company will help to modify the loan repayment instalments. If there is breach in the contract and the homeowner defaults in payment, the Bank can sell the home through one or two foreclosure processes.

How Federal Laws can protect Homeowners?

Homeowners can get protection from Federal laws when they face foreclosures. Under the Federal Law the Bank that accepts the monthly payments and handles the loan cannot begin a foreclosure before the mortgage payment has been delayed by 120 days.

The 120 days’ time gives the homeowner time to rectify the loan by paying overdue amount, costs and fees or to submit a loss mitigation application to the loan modification mitigation department that will help in a new agreement which will prevent foreclosure.

How can the Company giving Loan protect the Borrower?

When the borrower falls back on his payments the Bank can call him and discuss ways to avoiding foreclosure within 36 days of defaulting in his payments. Within 45 days the lender must be reader with foreclosure options and the staff must be available to discuss the borrower’s payment history and account.

If a mitigation application is submitted by the borrower within 37 days before the foreclosure sale. The foreclosure cannot be initiated. The bank must inform the borrower that he cannot appeal for a mortgage modification and the appeal period should expire. If the borrower has turned down the loss mitigation offer then the foreclosure can start.

If you are thinking of a home loan, now you know your rights when it comes to foreclosure.

How much time do I have before Foreclosure proceedings are completed?

In many of the states foreclosures take a few months to a year and more. When you miss a few mortgages you do not have to live your home and go. When you miss one or two payments the lender will send you a letter that the loan is in default and to get it up to date. When you get this notice you can go to the loan modification lawyer to get the loan modified.

This letter is referred to as a demand letter or breach. The demand letter will bring to your notice that the foreclosure proceedings will start if you do not pay the amount due within 30 days.

When the Foreclosure proceedings start?

If the amount specified in the demand letter is not paid within the time mentioned, the lender will begin the foreclosure process. Before he starts the foreclosure proceedings you can contact the loan modification company to modify the loan so the amount of instalments can be lowered.

Depending on the state and the circumstances the foreclosure proceedings can be judicial or non-judicial. Judicial foreclosure is handled by the court in the state. You will receive a summons and complaint that a foreclosure complaint is filed against you. Within 30 days you have to prepare an answer to the lawsuit or the lawyer you will lose the case with default  judgement  to the lender.

How does a Foreclosure take place in a Non-Judicial state?

If you are in a non-judicial state the lender does not have to go through a court in the state. The lender will directly send a notice of default which is followed by a notice of sale. He can also send a notice informing the property will be sold on a particular date or he can send a notice by publishing in the papers and putting a sale poster on the property.

Foreclosure completion takes any time between two months to a year depending on the state.

What happens if I fail to make my modification payments on time?

Home Affordable Modification Program (HAMP) was started by the Federal Government to help homeowners to live in their homes and avoid a foreclosure. If you happen to default in the payment of your mortgage, you can approach HAMP for loan modification service.

This is known as HAMP Tier 1 modification, whether it is a plan for permanent modification or a modification for a trial period. If you have defaulted in this payment you can reapply for a modification under HAMP Tier 2 category.

How Does Modification in HAMP Tier1 Work?

When you go to HAMP for loan modification, the loan modification specialist uses a modification program which reduces the gross monthly income by 31% on the mortgage which includes association fees, insurance, interest rates and principal. Once the loan is modified there is a trial period of three months.

If you make the three trial payments on time then on the first day of the month after the trial period, the loan agreement will become permanent. As per the new rules people who did not qualify for HAMP Tier 1 could qualify for HAMP Tier 2 for a home that was not the primary residence.

How Does Modification under HAMP Tier 2 Work?

After defaulting under HAMP Tier 1 you can apply, to loan modification professional in HAMP for Tier 2 modification. Although you have defaulted in Tier 1 trial payment after two instalments, or if you have not made a single payment under Tier 1, you can also apply if there has been change of circumstances and the monthly instalment has been overstated by 10%.

In HAMP Tier2 modification, loan modification inspector uses a waterfall and gets the mortgage modified. He capitalises on the arrears and brings down the interest to a fixed permanent rate. The term of the loan is increased to 480 months and there is forbearance of principal.

Going through the above you will know the problems you will face if you fail to make your modification payments.

Does Foreclosure impact my credit?

Credit companies show the credit information that is available with them. They do not judge about the information provided to them in the credit report. Lenders view this information which leaves a negative impact on your credibility. It is better to approach a loan modification company when it is difficult to pay back the loan. A foreclosure in the credit reports will make it difficult to get credits with the best rates especially if you faced problems with other credit accounts.

A foreclosure in a person’s account will be on the credit report for seven years and will definitely affect the creditworthiness of the person. If the person takes charge of his debts and makes regular payments they will continue after the foreclosure disappears from the account,

How Long Does Foreclosure take?

The foreclosure process changes from state to state. A borrower can expect a phone call or a letter from the lender when the payment  are delayed by a month or more. After three months or more the lender will send a demand letter or notice to hasten the payment. This notice will inform you about the amount you owe and the date by which you have to make payment. If you cannot pay by the date the lender will start proceedings for foreclosure. Before that you can consult a loan modification consultant to help you to reset your loan.

The Way in Which Foreclosure can impact your Credit

Once there is foreclosure it affects the credibility of the person very badly. The person will not be able to get credit cards or loans for a long time even if he gets loans he will have to pay a higher rate of interest. Very often employers too look at the credit score and it may be difficult to get a job. It will also impact the credit score.

If you want to maintain a good credit record for future loans avoid a foreclosure

Can I modify a commercial property?

There is a lot to talk about the commercial property. People who are new in this field are looking for some potential commercial property advice so that they can make the best decision. You need to have a proper look at the market and know the rules before you actually make any modifications to your commercial property.

Tie up Loans:

Before you do anything else, you need to make sure that your loans are fixed. There are different loan modification companies that can help you knowing all the details in this regard. There are different plans available for people as well. The process is much easy these days as there are different formats available for you depending on the value of your property.

Different options:

Apart from the above mentioned, you need to have a look at different ways you can modify your property. What are the different options available for you and how you can make the surrounding more attractive? Ask yourself different questions such as ease of parking and usage. It should also be modified keeping in mind ease of other businesses. You can visit different real estate agents when it comes to this. They can help you in various ways and will be with you throughout the process.

Loan modification depot:

Loan modification depot is one of the best options available for you people. They have helped many people in modification of their property. They are the best loan modification firm in the town. You must visit their website today to know more about their services. They can give you the inside of all the things so that you are able to understand your rights best.