Federal Deposit Insurance Corporation (FDIC) official Loan Modification Guidelines.

FDIC “Loan Mod in a Box” additional Loan Modification Tools

Background

Although foreclosures are costly to lenders, borrowers and communities, the pace of loan modifications continues to be extremely slow (around 4 percent of seriously delinquent loans each month). It is imperative to provide incentives to achieve a sufficient scale in loan modifications to stem the reductions in housing prices and rising foreclosures.

Modifications should be provided using a systematic and sustainable process. The FDIC has initiated a systematic loan modification program at IndyMac Federal Bank to reduce first lien mortgage payments to as low as 31% of monthly income. Modifications are based on interest rate reductions, extension of term, and principal forbearance. A loss share guarantee on redefaults of modified mortgages can provide the necessary incentive to modify mortgages on a sufficient scale, while leveraging available government funds to affect more mortgages than outright purchases or specific incentives for every modification. The FDIC would be prepared to serve as contractor for Treasury and already has extensive experience in the IndyMac modification process.

Basic Structure and Scope of Proposal
This proposal is designed to promote wider adoption of such a systematic loan modification program:

1. by paying servicers $1,000 to cover expenses for each loan modified according to the required standards; and
2. sharing up to 50% of losses incurred if a modified loan should subsequently re-default

We envision that the program can be applied to the estimated 1.4 million non-GSE mortgage loans that were 60 days or more past due as of June 2008, plus an additional 3 million non-GSE loans that are projected to become delinquent by year-end 2009. Of this total of approximately 4.4 million problem loans, we expect that about half can be modified, resulting in some 2.2 million loan modifications under the plan.

Details on Program Design

• Eligible Borrowers: The program will be limited to loans secured by owner-occupied properties.

• Exclusion for Early Payment Default: To promote sustainable mortgages, government loss sharing would be available only after the borrower has made six payments on the modified mortgage.

• Standard NPV Test: In order to promote consistency and simplicity in implementation and audit, a standard test comparing the expected net present value (NPV) of modifying past due loans compared to the strategy of foreclosing on them will be applied. Under this NPV test, standard assumptions will be used to ensure that a consistent standard for affordability is provided based on a 31% borrower mortgage debt-to-income ratio.

• Systematic Loan Review by Participating Servicers: Participating servicers would be required to undertake a systematic review of all of the loans under their management, to subject each loan to a standard NPV test to determine whether it is a suitable candidate for modification, and to modify all loans that pass this test. The penalty for failing to undertake such a systematic review and to carry out modifications where they are justified would be disqualification from further participation in the program until such a systematic program was introduced.

• Reduced Loss Share Percentage for “Underwater Loans”: For LTVs above 100%, the government loss share will be progressively reduced from 50% to 20% as the current LTV rises. If the LTV for the first lien exceeds 150%, no loss sharing would be provided.

• Simplified Loss Share Calculation: In order to ensure the administrative efficiency of this program, the calculation of loss share basis would be as simple as possible. In general terms, the calculation would be based on the difference between the net present value of the modified loan and the amount of recoveries obtained in a disposition by refinancing, short sale or REO sale, net of disposal costs as estimated according to industry standards. Interim modifications would be allowed.

• De minimis Test: To lower administrative costs, a de minimis test excludes from loss sharing any modification that did not lower the monthly payment at least 10 percent.

• Eight-year Limit on Loss Sharing Payments: The loss sharing guarantee ends eight years of the modification.

A foreclosure refinance is where you get your loan refinanced while you are in the middle of a foreclosure process. Luckily, laws allow for homeowners to seek that option of foreclosure financing in order to help save their home. A foreclosure refinance is not going to be cheap though and there is probably going to be some up front money that will be needed to close the loan. Also keep in mind that your interest rates are not going to be all that great when doing a foreclosure refinance.

How To Get It Done

The best thing to do is to start calling around in order to see who can help you with a foreclosure refinance and what it is going to cost you out of pocket. Once that is said and done make sure that you are comparing interest rates that are being offered to you. Keep in mind that because of the hits on your credit for non-payment, you are not going to be offered the best rates out there but you still can be careful with what you sign for. A foreclosure refinance does not mean that you have to be taken advantage of.

And when you finally decide it is time to start looking for a foreclosure refinance you need to make sure what time limit you have. Depending on the state your home is in is going to determine how much time you truly have. A foreclosure refinance could take a little bit of time so you have to make sure that you have that time to spare. You certainly do not want to go through all of this just to have the house taken away at a foreclosure sale and you went through all of that time and trouble for nothing.

If you found yourself in this situation, feel free to give us a call (1-866-236-8896) or apply online. We will personally review your scenario and let you know if we can help. There are a number of government mortgage modification (also known as the mortgage relief) programs currently available that may or may not apply in your particular case. We may be able to help you reduce your mortgage payment and adjust your mortgage to the current value of your home thus preventing foreclosure.

There are very few people in the world today who are not at least a little bit confused on the topic of taxes. There are so many different details and issues that you need to be concerned with, and so it can be hard to get a full grasp on it all and really understand it. One of the most unusual and difficult to understand tax topics is mortgage debt relief tax.

What it is

Basically what the term mortgage debt relief tax refers to is those situations in which the person realizes that they have a mortgage that they are unable to afford. This is certainly no rare circumstance, and actually happens all the time. People often think that they will be able to afford a mortgage, and then only after they have moved into the home and a bit of time goes by do they realize that it is too expensive for them to afford.

Mortgage debt relief tax is therefore an issue that we should all be concerned with, otherwise if this were to happen to you, you would have no idea what to do and what the next steps should be for you to take.

Now when it comes to business debt relief and in particular mortgage debt relief tax there are a few important things that you should know.

The Details

The mortgage forgiveness debt relief law is one that is very important for you to be educated on when it comes to mortgage debt relief tax. This is a law that is already effective and which is similar to federal law but with a few important differences as well. For one, there are different times for each for when you can qualify, and so you are going to need to be aware of what these details are for your state in particular.

This way you will know what deductibles you are eligible for when you go to do your taxes next year, and will be able to save yourself as much money as possible.

Taxes do not have to be complex, and by learning more about the different rules, laws, and details you will get a handle on it and see that learning about your finances and taxes can really be enjoyable.

Another popular misconception about HUD foreclosure help is that HUD will step in and negotiate with your lender for you and on your behalf. This is also false. HUD has no intention, nor is it their policy, to get involved directly in every mortgage on the verge of foreclosure. In this case HUD foreclosure help would consist of expert advice and guidance from a HUD representative. Your HUD representative will tell you how to go about dealing with your lender and even point out to you the clauses in your contract that outline the assistance your own mortgage contract will give you when you are facing foreclosure. But HUD foreclosure help does not include negotiating directly with your bank or lending institution.

The List Of Misconceptions Is Long

One of the more prominent misconceptions about HUD foreclosure help is that HUD will help you refinance your mortgage and get you a new mortgage with a lower rate. Once again this is false as HUD will not get involved directly with lending you money. There are HUD mortgages offered through various lenders throughout the country but HUD themselves do not process mortgages and they will not help you get a better rate.

When it comes to HUD foreclosure help a lot of the responsibility for action is on you. HUD will do what they can to offer advice and guidance but the actual action is your responsibility just like your mortgage payment each month is also your responsibility that you agreed to when you first took on your mortgage and bought your dream home and your piece of the American dream.