Is the Making Homes Affordable Loan Modification Plan working well? You decide. Ten months following the Obama administration encouraging lenders to exert more effort in preventing foreclosures, many homeowners still struggle. May Homeowners, despite holding up their end of the deal, are still being rejected quite often, some even having their homes sold out from under them without any form of notice. Homeowners complete trial modifications, make all of the required payments, only to find out that they won’t receive any help. As for how many people this is happening to, the figures are unclear. Lender participants in Home Affordable Modification Program (HAMP) of the administration still do not provide any sort of information as to who is being rejected, or the reason for the rejection.
Almost 900,000 trial loan modifications have been started, and only about 40,000 have been converted to permanent new loans thus far.
According to the program, when homeowners apply, they’ll be granted a three-month trial period in which their monthly payments will be lowered until the lender decides whether or not to make the change to the mortgage payment relief permanent. However, it appears that borrowers must also rescind certain rights to being notifies. The clause within the document states that banks may reject borrowers without any form of written notice and may move straight on to auctioning their home without warning.
“…foreclosure may be immediately resumed from the point at which it was suspended if this plan terminates, and no new notice of default, notice of intent to accelerate, notice of acceleration, or similar notice will be necessary to continue the foreclosure action, all rights to such notices being hereby waived to the extent permitted by applicable law,” according to the document. The meaning? Even if a borrower makes all the trial payments, without notice, a lender can put the property up for auction. This is is the foreclosure proceedings started prior to the effort.
Additionally, for those living in Georgia, Hawaii, Missouri, or Virginia, “and a foreclosure sale is currently scheduled, the foreclosure sale will not be suspended and the lender may foreclose if I have not made each and every Trial Period Payment that is due before the scheduled foreclosure sale.” The change that has been implemented in which lenders must notify their borrowers has arrived only fairly recently.
Orlando, Florida Loan Modification Attorneys
Bankruptcy Lawyers in Orlando, Florida
Call for a Free Consultation at 407-412-7041