“I have been with this bank for almost 10 years…and this is the first time I’ve ever been late. Now I send them the payments and they won’t cash the check!”
Most of the “information” and “how to” tips for getting out of foreclosure are from the very folks who are now threatening to take your home away from you. Read on about what people often believe when dealing with mortgage lenders and loan modifications:
1) … “I’ve been a good customer of theirs for years.”
Back in the days, you had one loan and one lender. The person you met and the bank that you did your application with held that loan in its portfolio. It was a time when they actually DID care whether or not you made your payments. The same bank that you signed up with would then service the loan. If they did sell the loan, they would sell the whole loan so the new company would hold the note and service the loan. Most likely, your loan would get sold, you wouldn’t like the new company, some new procedures would be introduced, and a payment or two would get messed up.
Today, it’s completely different.
Your loan is sold immediately after closing and the servicer of the loan is separated from the actual dollars and cents of the loan. So now, there are two parts to the mortgage process. One is the origination side on the mortgage (they focus on new customer acquisition) and the other is the servicing (they focus on after sale activities). The Loan officer fills out the application and submits the documents to underwriting and gets you to the closing table AND gets paid a fee for the work.
Then, that loan closes and the servicing side takes over. They prepare your monthly statements, field calls, cash checks, etc. AND get paid for the work.
Here’s the bottom line: the person you are speaking with does not own the loan. Instead, they are servicing the loan.
You are not the customer of the lender; the servicer is a customer of the investor that bought your mortgage.
What does that mean?
It means the people you call are nothing more than a debt collector. You understand what debt collectors want and how they make their money, right?
For instance, if you were the customer of the bank and were unhappy with the service, you would hope that you can easily switch, like going from Direct TV to Comcast. However, with your mortgage, once you’ve signed the papers, you’ve just been demoted from Customer to Borrower. What this means is that you are no longer a customer, you won’t be able to easily switch, and the bank has now captured you as their revenue stream.
2) … “They can’t foreclose on me, I’m upside down, and they will lose money”
This is the all-time favorite because we hear this one just about every day.
Many people think that just because there is no equity or because they are upside down on a property, that it is better for the lender to keep them in the house. Absolutely NOT true.
They would, on the contrary, prefer to foreclose on the property. Here’s the process:
Your loans are sliced and bundled up with other sliced up loans and sold. It went from a loan to a stock. Now, these loan slices are then sold to entities, pension funds, mutual funds, etc. So, your loan has a 98% better chance of being owned by the retired teachers’ pension fund of South Carolina than it does by Bank of America.
When they bought your loan, they bought it at 60 cents on the dollar. In most cases, the bank can foreclose on your home, take it over, kick you out, clean it up, and then sell it at a 25% discount and still make profit. In fact, the sooner the lender forecloses the better because there are fewer risks involved.
Investors know that over 60% of loan modifications fail. For investors, it’s not IF it fails, it is WHEN it fails, so timing is critical. In perspective, investors are probably much better off foreclosing now than losing money every month for the next two years and getting less than they could if they were to foreclose today. When you do the math, it’s a no brainer decision.
Now the people who you talk with on the phone, the servicer, get paid for any fees associated with the foreclosure process. Do you think they would put their thumbs on the scale when it comes to these fees? The people on the phone will not lose money.
3) … “The lender doesn’t want my house. They’re a bank; they are not in the business to own my home. They came right out and said it on the phone.”
If that’s true, then why foreclose at all? If that’s true, why have there been over 9,000,000 foreclosures nationwide and why do loan modifications have less than a 5% success rate?
First of all, the lenders have field representatives that can take pictures, change locks, and winterize the property. Next, they have REO departments whose sole purpose is to take on the foreclosed inventory. They have construction crews that fix and rehab properties. They have title companies which allow them to insure they have the right documentation that they are the owners of the property and have a clean title. They have relationships with real estate agents, appraisers, and auction houses to get the house sold.
Lenders are fully equipped to take back any property in any condition at any time. In fact, there is no industry or group of companies that’s better prepared to own a home than the banks themselves.
They’ve had 9 million chances to get it right…
These fortune 100 companies have resources and they have the funds to hire an aggressive law firm to go against any homeowner.
How many times in the past have you negotiated against a fortune 100 company’s law firm with your house on the line and won?
The bank is in the business to own your home and just because they figured out it’s more profitable to take your home instead of help doesn’t mean we have to let them.
There is too much at stake for the average individual to try to properly address all the issues of the foreclosure process.
People make mistakes off of bad information from well meaning people or because of the lack of a coherent strategy. They fail to take any action and find themselves unnecessarily homeless and/or still hopelessly in debt.
4) … “The lender will work for me to find the best solution.”
The instructions given were to call your lender and your local government centers. Unfortunately, it seems that these federal programs don’t work, at least not in favor of the average person just trying to keep a roof over his head. The loan modification process can be very complicated, frustrating, and downright belittling.
Here are the top 4 complaints:
1) Losing important documents (sometimes multiple times)
2) Not responding to borrower’s needs, questions and concerns, emails, phone calls
3) Outright lies, mistakes or misrepresentations about the availability of loan modifications
4) Promising loan modifications and then proceeding with foreclosure anyway
First of all, you have to get the lender’s attention. By now, you’ve probably figured out that they don’t care and it appears they would rather take the house back than take your phone call. Depending on the source, you have less than a 1 in 20 chance of success for a permanent modification.
If you have a 5% chance of something, you better start thinking about your back up plan. The servicers are over worked and understaffed. Servicers for BOA get over 100,000 calls per day; one person may even be assigned and responsible for handling up to 500 loan modification files.
Makes you wonder why they don’t just add more staff doesn’t it? Well, the servicer gets paid a very small percentage of your monthly payment. So, when you stop making your payment, how can they make money off you now? Here’s how:
The servicers get to charge and keep fees on delinquent loans. So as long as you are late, they can continue to pad the loan with junk fees. Bottom-line: the more often you make a late payment, the more money servicers could potentially make.
Can you see now why Banks tell you that you have to be late before you can enter a Loan Modification Program?
That’s why trial modifications go on for so long. They get some money for the partial payment, but they can still charge 100% of the late fees and then if they foreclose on your property, they can also get the fees associated with the foreclosure process.
So for instance, if a servicer wanted to maximize his profits, the best case scenario would be that he would put you on a trial payment, string it out for a while so he could rack up fees, get paid for it, and then take the house anyway.
We talked with some servicers and these people are principally looking for any reason to deny a file, a denied file is a closed file and their job is to close files. Chances are they don’t have the time to listen to your story; they stopped listening to stories in 2008. If you get somebody new they will probably listen for the sake of common courtesy. But even then, you’re likely just speaking to hear yourself talk. If there is ANY reason to deny your file…they will do it.
Many servicers are evaluated based on how many files they resolve. Once the big rubber “denied” stamp hits the file, it’s just one more phone call they don’t have to take. Remember, their customer is the investor (NOT YOU) who profits from you losing your home. It is true they have to hit some loan modification numbers to keep in good standing, so they most likely will look for the low hanging fruit.
As an example, if you don’t know what they need and how the package needs to look, you’ll probably get denied. Proving you’re broke doesn’t help and proving you make the payment doesn’t help either.
Don’t you think the 9,000,000 people who got foreclosed on before you and lost their home have asked the bank if they could just make lower payments for a little while? Most definitely they have and failed.
5) … “I’m home free…I’m going through my trial portion of the modification.”
Many people who sought help under a federal program that was created to keep them from losing their homes are instead getting saddled with huge, unexpected bills.
Lenders routinely approve short-term “trial” loan modifications that reduce payments for desperate borrowers under the umbrella of the Obama administration’s Home Affordable Modification Program. But during the trial plan, the lenders continued to count the mortgages as delinquent or in default. Now instead of granting permanent modifications, lenders often are reinstating the original loan terms and demanding big back payments.
A family in St. Louis Park, Minnesota, was ecstatic when they were offered in November of 2009 to cut their monthly mortgage payments by about 25% under a trial modification. One of the spouses was out of work with a neck and back injury and with the other at 60% of his past income, they were having difficulty making ends meet.
After 19 consecutive trial payments and a year and a half later, the modification was denied and that they would have to pay $24,228 to bring their mortgage current to avoid foreclosure.
“We did everything that was asked of us, and it only pushed us deeper in the hole.”
We’re seeing a lot of really sad stories of families who thought they were getting help only to discover they’re $20,000 or $30,000 behind and still about to lose their house.
This is a scary proposition for any family to have to go through and it’s even more stressful when there’s no one readily available to provide families the necessary information to help them navigate the chaos and move on with their lives.
Going through foreclosure one time does not make one an expert. Being a real estate agent for a number of years does not make one an expert. Having a law degree does not make one an expert in this subject matter. If you are going to get advice about foreclosure, be sure to qualify them. Understand that having an opinion does not make one an expert…when it comes to foreclosure, everyone has an opinion.
The government is not your enemy or your savior…no one cares about your home MORE than you.
The Cover Your Assets 21 team, comprised of financial crisis strategist, Todd Rooker, foreclosure defense expert, Craig Nester, and Real Estate Professionals, Jason & Derek Walgrave, have successfully navigated over 500+ MN families to a soft landing through loan modifications, short sales, deed in lieu, financial education, and other cutting-edge management strategies.
They are LIVE on AM1280-The Patriot every Saturday from 8-9am CST, providing consumers with the best unbiased financial and real estate information available, empowering them to confidently make better decisions, understand their options, and overcome challenges related to these critical issues.



