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If you are in foreclosure or just feel that you may have been scammed when you obtained your mortgage and want to know if you can get your mortgage modified you need to consider the following. First, the estimates vary depending on who you ask, but in general consensus is that 70-80% of all mortgages contain SOME form of fraud. Conversely that means there is a 20-30% chance that your mortgage does NOT contain any incidence of fraud, and as such you would be wasting your money to hire an attorney or loan modification company typically at a cost of $1,200.00-$3,000.00, in a few cases more!
It can be very confusing with all the information and mis-information regarding mortgage fraud and the loan modification process. Not all fraud is created equal. In some cases there may be a small clerical error that violated one or more of the statutes regulating the mortgage industry, however there may not be a available legal remedy to recover damages. In other cases certain types of fraud may include circumstances that do allow for a legal remedy up to and including recission of the loan altogether. Recission is a process where you basically undo the deal and that does require a good attorney! Also keep in mind it's not a free ride, you have to be in a position to get another mortgage. What, you thought that if a mortgage lender committed such a terrible act of fraud as to trigger a recission you get to have your home free and clear? Well actually that can happen, but your not going to get that lucky. Such a legal remedy would only be reserved for the most aggregious of frauds, typically where there was a conspiracy of many players working together to scam you out of your property. And, the legal process may take many years to resolve with no gaurantee of prevailing.
So long story short, take one small step before pay out BIG$$ to modify your mortgage, I reccommend having what is known as a mortgage audit peformed first. The cost is typically a few hundred dollars and the results of the mortgage audit will give you a much better idea whether you have chance at obtaining the modification you are looking for.
Also keep in mind not all modifications are equal. The mortgage audit if done by the right people will tell you what type of, and how much of a modification you need. Keep in mind it is estimated that 60% of all loan modifications fail within a year. If you don't do it right the first time, you may not get a second shot at it. Make sure you hire someone who knows what they are doing.
Need to discuss further, call or email me and I'll be glad to guide you by putting you in contact with the right people based on your particular circumstances!
Disclaimer: ActiveRain Corp. does not necessarily endorse the real estate agents, loan officers and brokers listed on this site. These real estate profiles, blogs and blog entries are provided here as a courtesy to our visitors to help them make an informed decision when buying or selling a house. ActiveRain Corp. takes no responsibility for the content in these profiles, that are written by the members of this community.