This is a good question and will depend entirely on your lender
and your scenario.
As the the housing industry rapidly deflates, and the lending industry becomes
increasingly restrictive, lenders are slowly realizing that this sort of negotiation
may be in the best interest of the investors that funded their loans. This is
the first thing to understand. Loans are securities that are supposed to perform
a certain way when traded on the financial markets. It is up to the companies
that "securitized" or "turned the loans into saleable securities"
to fetch the highest return on investment for the investors that have purchased
these "mortgage
backed securities" or MBS's
This concept is, was, and always will be of utmost importance to your lender
when it comes to mortgages that are securitized (which is most of them). If
you hear someone say, "the country is in trouble and lenders are finally
starting to help by offering these modifications," I'm sorry, but they
really don't care about you as much as they care about their investors. Their
mission is to maximize stable profitibility for their investors, end of story,
period.
So no government urging, or special guideline creation, etc..., will make the
lenders do anything they wouldn't do already. Unless the government flat out
FORCES lenders to renegotiate terms with struggling borrowers, they will always
continue to act in their financial best interest. That said, lenders are starting
to realize it may be in their financial best interest to negotiate work-arounds
like this.
It all comes down to determining what's going to cost them less money and acting
accordingly. For example, if you can blatantly convince your lender that if
they don't modify your rate and payment that you WILL end up foreclosing or
filing bankruptcy, their impetus to work with you will be high. In fact, if
you have indeed "convinced" them, the only thing standing in your
way could be a company policy that prohibits the modification for your situation.
The unfortunate part of convincing a lender of this is the statistical probability
of the following. You are much much much more likely to default, foreclose,
or file bankruptcy if you have been and currently are severely late on your
payments. It's a statistical fact that ON AVERAGE, lenders will collect more
money from people who have not paid late yet. As such, there is little, if any
evidence you can provide that will convince them to negotiate with you until
you are late (although it is possible).
The question is: what is the best way to present this case
to the lender? What might come as a surprise to some is that you should be blatantly
honest with your lender. If you cannot afford your payment increases, call them
and let them know why. What would the payment have to go down to for you to
feel like staying in your house? Ask them to set the payment at this level.
Tell them, honestly, that if the payment is at a certain level or above, that
you'd rather sell, short sell, foreclose, or file bankruptcy than keep paying
it.
They will likely have procedures in place to handle your inquiry. Whatever
the case, you increase your chances of success by knowing the details of your
scenario and by being able to provide them in a concise, yet thorough manner
verbally and in writing. If you are facing a bona fide financial emergency that
prevents you from making the payments, you should be able to document it.
Again, they will do whatever they believe will get them the most money possible.
If they think that lowering your payment and keeping you on board will get them
more money over time than foreclosing on you and selling the house, that is
when you are likely to be able to have your loan modified. It's all business
to them, even though it can be very personal to you. Convince them in no unspecific
terms that renegotiating your payment in the best business
decision they can make.
So yes, you can renegotiate your adjusting payment, and it is becoming more
and more common. It depends on the factors discussed above in addition to the
internal policies of your lender. Finally, keep it civil. The
people you will be talking to are used to dealing with clients that lose their
temper and are overly emotional. Approach them with respect and in a calm, friendly,
businesslike manner. The human element is the last variable. If you can appeal
on a personality level to them, your attempts to appeal to their superiors on
a logical level may be heard just that much louder.
This is a challenging time for many homeowners right now. I wish you well and
offer my solidarity. A good primer on Short Sales that includes even more education
on related topics can be found here.
Answer Submitted on Sun, Jan 27 2008
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