Home -> Law Blog Directory -> Bankruptcy Blogs -> Florida Bankruptcy Law
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Bankruptcy
: Florida Bankruptcy LawStudy Suggest Reasons For Failure of Voluntary Mortgage Modifications And Solution Through Chapter 13 Changes
By Jonathan Alper
Mortgage lenders' voluntary loan modification programs have given many homeowners hope that their bank will negotiate with them to help save their homes from foreclosure. However, a study sponsored by an organization of bankruptcy attorneys (the "NACBA") found that the voluntary loan modifications are not helping homeowners, and in some cases, are making matters worse. The study reported that less than 10% of the time do the mortgage lenders voluntary result in reduced principal loan balances as more than half of the modifications involve nothing more than capitalizing unpaid interest and fees into a larger mortgage balances. According to the study, only about one-third of the voluntary mortgage modification reduce monthly payments and nearly half actually increase payments as a result of the mortgage modification process.
The groups offered several reasons why voluntary mortgage modifications are not solving housing problems. For instance, mortgage notes transformed into investment securities end up being owned by multiple institutional owners all of whom would have to consent to a modification. Mortgage service companies are often concerned about being sued by one of the mortgage owners if the service companies agree with the homeowner to a modification plan. Where there are multiple mortgages on one home all the mortgages must agree; a homeowner's modification of a first mortgage will usually not solve his financial problems if a second or third mortgage does not also modify their mortgage. Also, the NACBA noted that mortgage service companies are overwhelmed with mortgage defaults and modification request. Foreclosures is an automated process while loan modifications must be done on relatively time-consuming case by case basis. The mortgage companies and service companies are having trouble keeping up with modification request, and by the time they can deal with a homeowner's request it is often too late to save the house from foreclosures.
The NACBA proposed solution is to change the bankruptcy laws to allow Chapter 13 debtors to cram down their mortgage principal balance to current house value as part of a Chapter 13 bankruptcy plan. One argument in favor of changing Chapter 13 laws is that bankruptcy courts provide a nation wide legal system already in place where judges could force mortgage modifications to save homes from foreclosure. Lenders oppose this change in the law arguing that allowing bankruptcy courts to stip away mortgage debt will make future mortgage loans more expensive and difficult for everyone including borrowers with good credit.
posted by Jonathan Alper, banrkutpcy and asset protection attorney, Orlando, Florida
Full post as published by Florida Bankruptcy Law on December 26, 2008 (boomark / email).
Whats a Home Loan Modification?
How to Qualify for a Home Loan Modification
How to Stop Home Foreclosure
Bankruptcy can Stop Foreclosure
Pet Food Recall and Deaths
Dogs and Cats Sickened by Tainted Menu Food Products
Home Mortgages
What to look for
Bausch Lomb Renu Moistureloc Linked to Eye Infection Fusarium Keratiti
Contact Lens Solution Product Recall
Bausch Lomb Renu Moistureloc Recall
Contact Lens Solution Product Recall
FFDA Issues Warning about Stolen Albuterol Sulfate Inhalation Solution and Ipratropium Bromide Inhalation Solution
Albuterol, Ipratropium FDA Warns Consumers not to Use
National City Mortgage
$4.6 million payout resolves mortgage suit.
SunTrust Mortgage Faces Class Action over Alleged HAMP Breach of Contract
SunTrust Mortgage Faces Class Action over Mortgage Restructuring
Lehman Brothers
Bankrupt, Files Chapter 11
DePuy Metal Hip Replacement
alleging defective product recall of ASR hip implant for health reasons.
Procrit
Associated with Death in Stroke Study

New Study on Mortgage Modifications
Mortgage Modifications: More Data
One in Three Modifications Result in Lower Payment: Report
What Happens If I Fall Behind On My Mortgage Payments While I Am In a Chapter 13
Chapter 13 and House Mortgage: Surrender and Discharge in Illinois









