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Mortgage Insider ~ Just another Freedomblogging.com weblog

Loan help, or loan shark?

June 19th, 2009, 3:00 am · 1 Comment · posted by Mathew Padilla

randy-johnson.jpg Randy Johnson, president of Independence Mortgage Co. in Newport Beach, author of “How to Save Thousands of Dollars on Your Home Mortgage” and a mortgage broker since 1983, answers questions…

Confusedaboutmods in Irvine asks:
Q. Why would I use a (hopefully) reputable attorney to work out a loan modification versus going directly to my mortgage holder, which is now Bank of America?

A. I had always thought that a third-party could not do anything that you couldn’t do yourself. But a title insurance employee said that they are doing the title work on modified loans and that some borrowers have used attorneys that have been effective. That said, I would want to exhaust all possibilities before I called an attorney.

The success rate seems to be about 1-in-5 get a modification but who knows what they get, usually a drop in interest rate. Dropping the balance you owe is not likely.

Stay away from the many “loan modification specialists” who are not attorneys.

(Blogger’s note: Private companies must get approval from the California Department of Real Estate to charge an advance fee for a loan modification. The DRE publishes a list of loan mod companies and people against whom it has issued a desist-and-refain order. Read it HERE. Lastly, attorneys can accept advance fees for loan mods, basically their retainer, without DRE approval. I have heard of both productive and unproductive attorneys and advise caution. Finally, I recommend checking the Web site of HUD to find a credit counselor approved by the agency to help people avoid foreclosure for free! Find a credit counselor HERE. Unfortunately, these nonprofits are swamped, but if you are in trouble it is worth a phone call.)

Darkstar in Orange asks:

Q. We purchased a home in November 2007 with zero down (probably one of the last loans of its kind) and currently have a fixed-rate mortgage at 6.5 % via a credit union. Given the significant drop in interest rates (and home values) since then, would it be possible to refinance our loan at a lower rate? Is it possible to refinance with the same lender (we really like the personalized service provided by our credit union)? Also, if a new assessment of the property (assuming it’s required for the refi) shows a drop in value (which it should), can this be a basis for lowering our property taxes?

A. Without any equity, you aren’t going to be able to refinance unless your loan is owned by Fannie Mae or Freddie Mac. Both have programs that will allow you to refinance but only if the loan is less than 105% of the value of the home. My guess is, however, that your home has gone down in value a lot more than 5%. Talk with your credit union and see if you can’t work something out with them.

As to property taxes, you can appeal your assessed value by using the appraisal. If you don’t get an appraisal because the refinance opportunity isn’t there, ask the Assessor’s Office anyway. They may give you a reduction based upon their estimate of your home’s value based upon activity in the area.

That’s it. If you want Johnson to answer a question, email it to Mathew Padilla at mapadilla(at)ocregister.com. Include your name or nickname and the city you live in — that information will be published with your question.

Johnson will answer up to three questions each week, so keep checking back for a response. If many questions are submitted, it could take a while to get a response, or he may never get to it. Also, readers keep submitting variations on the same question, which has already been answered: what to do when you can no longer afford your mortgage. I have decided not to publish most of those questions, because they are repetitive, although I appreciate the difficult situation many homeowners are in these days.

Read prior questions and answers by clicking on the headlines below…

Find out more about: MORTGAGE ANSWERS | MORTGAGE RATES | FORECLOSURES | HOME PRICES | INVENTORY | RENTS | FED |

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1 Comment

One Comment

  • Bill-1a says:

    Randy, very good suggestions and information. One other thing regarding re-assessment. The homeowner should ask for four (the amount required by assessor office) comparable recent “closed” transactions within his neighborhood in order to provide the assessor’s office proof that his property has gone down in value and should be re-assessed. Call your real estate neighborhood specialists and explain what and why you need the comps, they should be happy to comply.

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