Legal Question in Real Estate Law in Ohio

We were attempting to modify our mortgage to get a lower fixed rate but was denied and then they say we meet the minimum requirement for a foreclosure. We have never missed a payment. So why is it we qualify for the foreclosure but not the loan modification?


Asked on 11/10/12, 4:31 am

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Dear Puzzled:

Lenders do not wish to comply with many of the Federal laws applicable to protect home ownership, including the HAMP - Home Affordable Mortgage Program, and despite the fact that no bank will lose any money on loan principal reduction. They are protected by PMI - Private Mortgage Insurance, or Fanny Mae or freddie Mac. Even then, they just won;'t do so unless forced by experienced Counsel. There are perhaps 30 other means and methods of forcing a lender to reconsider. But, don't be intimidated or lured into paying a fee for the lender to "consider" your request. Above all ,be war of offers to "fix" you loan for a fee, by online ads. Homeowners have the right to protection and relief, including:

.

INDIVIDUAL / FAMILY / COMMERCIAL LOAN MODIFICATION

� Reduce Principal and Interest payments

� Extend term of the note

� Interest only payments for a period of time

� Suspend payments for a period of time

� Stop Foreclosures, Auctions, and Sheriff Sales

� Facilitate Short Sales

� Stipulated Foreclosures

� Extend Balloons

� Combinations of remedies / solutions stated above

Consult and retain legal Counsel ASAP. Good luck and God Bless...

Sincerely, J. Norman Stark

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Answered on 11/10/12, 5:15 am


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