Legal Question in Real Estate Law in Georgia

Hello

We have applied for a loan modification three times to lower our monthly mortgage payment. On two occasions, the bank made some lame excuse e.g., late submission of a document, and the other instance it was denied b/c we did not show any evidence of hardship, as our monthly payment was current. It seems as if the banks will only help you out if you are 3 months behind on payments. Default payments=hardship. I am thinking of deliberately not paying my mortgage for 3 months to get help. We have one income and send 75% of our monthly check just on mortgage. The bank has denied refinancing. What are your thoughts?

Thanks


Asked on 4/02/12, 8:44 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

First the vent: America's mortgage lenders are disgusting in how they have addressed the real estate crisis. Some, such as Bank of America/Countrywide, Wells-Fargo, GMAC, Citibank, Chase, etc. have been sued over and over for their practices. Many are frankly completely incompetent in how they deal with distressed borrowers. But you know this part.

Now the solution. While current practices work against you, as lenders penalize you for being current, don't give up. When a lender says they can't it means the person you are speaking to has CHOSEN not to help. EVERY bank in America has the power, at any time, to reduce interest rates, lower payments, lower balances etc. Sometimes persistence and finding the right contact at a bank helps.

But when you hit a brick wall, I suggest seeing a lawyer to review all your options. A good lawyer can look at modification, but also discuss whether walking away is an option. They can look at refi's,and also at bankruptcy options (13 and 7) that may also help.

The one thing NOT to do: Do NOT pay a fee to companies that claim they can do a modification for you. Those are scams.

But start with a strategy session with a lawyer. That doesn't cost much and will at least give you a battle plan.

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Answered on 4/03/12, 7:41 pm


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