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I HAVE TO STOP PAYING MY MORTGAGE TO GET THE LENDER TO TALK TO ME

By
Real Estate Attorney with THE ZARETSKY LAW GROUP - Board Certified Real Estate Atty and AUTOMATED LAND TITLE COMPANY

 

 

Would you jump out of an airplane being told by a stranger that you had a parachute but with you not really knowing you had a parachute?  I should have a nickel for each time a person tells me they stopped paying their mortgage so their lender would speak to them.  If you are trying to do a short sale, loan modification or deed in lieu of foreclosure, whether or not to stop paying your mortgage is the certainly the first question asked.

 

IF YOU HEAR IT ENOUGH TIMES IT MUST BE TRUE…..

 

Common talk on the street – so common most think it is gospel – is that the lender will not discuss any change in your mortgage unless you are (here is where the gospel varies) you are 30 days late / 60 days late / 90 days late / even 120 days late.

 

Lenders have done much to promote this common conclusion.  Call one up and tell them you need to modify your mortgage while you are current with payments and sure enough, they tell you to discuss a change in your mortgage you have to be late in payments.  Of course, going late in your payments is the single most significant hit your credit score will take.  It is also one of the most difficult decisions for borrowers that always pay their bills on time – no matter what.  (See SHOULD I PAY MY MORTGAGE?)

 

OK, I’M LATE – BUT I DON’T QUALIFY?

 

The kicker is the lender will not talk at all about any pre-requisites for obtaining a loan modification before you go late – or of approving a short sale.  Then, the borrower stops paying so the lines of communication can be open – sort of like pay phones and dropping a nickel (remember that?) into the phone so you can make a local call.

 

GOING LATE TO QUALIFY FOR A TELEPHONE CALL…….

 

The problem is that the borrower goes late, then “qualifies” for the telephone call discussion, and more often than not finds out there is nothing the lender can / will do, or is told that the borrower does not qualify for any programs at the lender.  End result, the distressed borrower is now more distressed because the credit score is now 100+ points lower. 

 

There have been many articles and blogs trying to dispel this erroneous “you have to be late” advice, but it has not slowed down the tide of those that received bad advice that keeps flowing into my office.  One of the other factors in promotion of the “got to be late” fallacy is that it is definitely easier to work (as a credit counselor / short sale advisor / loan modification advisor or attorney) with a delinquent borrower because the delinquency is generally presumed to be a threshold qualifier to some sort of loan relief.  In reality, going late will definitely get the lender to talk to you – usually via their attorneys through a foreclosure action.  So now besides the credit hit, you also have a lawsuit you have to defend.  Did you have that parachute on or was someone mistaken?

 

WHAT DO THE LENDERS SAY?

 

Twice I have had the opportunity to discuss face to face this matter with lenders’ senior officials.  In one I was speaking at a lunch to a group of bankers about short sales and in the other I was the listener in a small meeting with senior Bank of America executives.  In the first, which was a few years ago, when I made the statement that many borrowers wrongly believe that they must be late to get a loan modification or short sale, the bankers chuckled and openly admitted that was not true – but if they had any other policy, every borrower they had would be on the phone asking for better rates or lower principal or some other concession.

 

In the more recent meeting this month (August 2011) there was no chuckling – but the answer was the same.  They said that being late was one but not the only factor in determining a hardship “entitling” the borrower to be considered for some form of relief, but hardship can be determined without any late payments.  The discussion continued on that imminent delinquency can be considered as one of the hardship factors.  In that regard, we have argued to lenders that there is just so much water left in the bucket before it is empty (an analogy to money in bank accounts running out).

 

Admittedly, some lenders in fact do have rules regarding being delinquent in payments to qualify a borrower for a loan modification or short sale.  Which lender has what rules is a never ending moving landscape because those rules and policies are always changing.  One of the primary lenders that have had such delinquency rules (of varying lengths of 1 month or 3 months) is FannieMae.

 

The end result under today’s rules is that generally, being late is a factor to determining a hardship, but it is not the sole factor and that means two things: 1. Being late does not guarantee you have a qualifying hardship; and 2.  Staying current does not mean you do not have a qualifying hardship.

 

Difficult concepts for difficult times.

 

 

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Copyright 2011 by Richard P. Zaretsky, Esq.

 Be sure to contact your own attorney for your state laws, and always consult your own attorney on any legal decision you need to make.  This article is for information purposes and is not specific advice to any one reader.

Richard Zaretsky, Esq., RICHARD P. ZARETSKY P.A. ATTORNEYS AT LAW, 1655 PALM BEACH LAKES BLVD, SUITE 900, WEST PALM BEACH, FLORIDA 33401, PHONE 561 689 6660  RPZ99@Florida-Counsel.com    - FLORIDA BAR BOARD CERTIFIED IN REAL ESTATE LAW - We assist Brokers and Sellers with Short Sales and Modifications and Consult with Brokers and Sellers Nationwide!  Shortsales@Florida-Counsel.com     New Website www.Florida-Counsel.com

 

SEE OUR TABLE OF CONTENTS FOR HUNDREDS OF ARTICLES ON DISTRESS REAL ESTATE ISSUES AT TABLE OF CONTENTS - SHORT SALE AND LOAN MODIFICATION ARTICLES.

 

Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

The insanity of this needs to be addressed. Is contact to remedy supported and welcomed or isn't it? Should we make it easier for people to come forward or harder? Helping someone by first starting to punish them makes no sense.

Aug 24, 2011 04:08 AM
Shannon Jones
The Shannon Jones Team - Long Beach, CA
Long Beach CA Real Estate

Richard, I have found that it is easier to get a short sale approved when the borrower is behind on the payments. HOWEVER, we have gotten short sale approvals for several clients who were never late at all on their payments. It absolutely can be done. In one case, though, we ran into a problem because the investor is Fannie Mae and they DO have a policy that the borrower must be behind on the payments. However, by escalating the request to senior officials, we were able to get an exception and a short sale approval without our client missing a payment.

Aug 24, 2011 04:10 AM
Richard Zaretsky
THE ZARETSKY LAW GROUP - Board Certified Real Estate Atty and AUTOMATED LAND TITLE COMPANY - West Palm Beach, FL
Florida Real Estate Attorney

#7 - Sandy - I have put in capitals and bold in the article the answer to your question - see also Shannon's response #9.  My office has about 40% of our short sales done without the seller being delinquent.

Aug 24, 2011 04:17 AM
Kimberley Kelly, SFR, HAFA, GREEN
HK Lane, Christie's International Affiliate, 760-285-3578 - La Quinta, CA
I do Real Estate like I played polo-to WIN!

OK..so let me get this straight.  Lenders CAN modify, or approve Short Sales, but unless a borrower and their Agent plead, cajole and perhaps have an inside line, they don't WANT to do them until the borrower is late???  What a bunch of doo-doo..I always recommend my Sellers talk to their Lenders BEFORE going delinquent if possible.  They usually are so darned frustrated by the months of runaround (because remember the Lenders are DEBT COLLECTORS), that they are over it and stop making payments.  This should NOT be so hard..it is driving the housing market ever further into the ground.

Aug 24, 2011 04:48 AM
Michael Collins
*ROCK REALTY|Broker|Realtor|Real Estate|WI Short Sale Agent* - Janesville, WI
CDPE, SFR , Wisconsin Short Sale Specialist Realto

It is a bad misconception, but as you stated, it was brought on by less than knowledgeable first or second tier bank call center employees. It sounds like more and more banks are easing their requirements for 'consideration' however.

Aug 24, 2011 06:04 AM
Anthony Daniels
Coldwell Banker - San Francisco, CA
SF Bay Area REO Specialist

The way I see, if you are current then where's the incentive for a lender to consider your short sale/loan mod?

That's like putting your sales team on salary.

Good stuff, thanks for sharing it.

Aug 24, 2011 07:04 AM
Anonymous
Anonymous

Great article. Every seller that has NOT missed a mortgage payment ALWAYS asks me if they should miss a mortgage payment. I always answer that is a decision they need to make on their own. During my short sale consultation I do share the general impact to credit scores in various scenarios.

 

Your article makes me think about how frustrating the ever changing guidelines can be.

Aug 24, 2011 07:24 AM
#14
Rob Arnold
Sand Dollar Realty Group, Inc. - Altamonte Springs, FL
Metro Orlando Full Service - Investor Friendly & F

Seems like just about every short sale I deal with requires them to be behind on payments.  Otherwise the bank will reject the short sale package.  The only exception seems to be some of the smaller banks and credit unions where you can actually deal with a local human being .

Aug 24, 2011 07:34 AM
Morris Massre
Pembroke Pines, FL
Real Estate Instructor Broward County Florida

I learned this sad lesson long ago.  YOu want them to talk, stop paying.

Aug 24, 2011 08:02 AM
Richard Zaretsky
THE ZARETSKY LAW GROUP - Board Certified Real Estate Atty and AUTOMATED LAND TITLE COMPANY - West Palm Beach, FL
Florida Real Estate Attorney

Anthony #13 - I point out your comment because it makes a dangerous statement.  The danger is assuming what (logically) the bank should do.  Banks work "a-logically".  In fact a major lender's senior loan workout facilitator agreed with me on that point just the other day.

Aug 24, 2011 08:17 AM
Virginia (Ginger) Schott
Cabins & Canoes - Port Jervis, NY
Assoc. Broker, CBR, CHMS

Great Information Richard, just another example of the banks taking advantage of consumers.  If they played fair, maybe we would be out of this mess sooner.

Aug 24, 2011 11:09 AM
Kay Van Kampen
RE/MAX Broker, RE/MAX - Springfield, MO
Realtor®, Springfield Mo Real Estate

I received a call from a lender today that denied a short sale due to the seller being current with their payments......they don't realize they are desperately trying to save their credit and charging their credit cards to make the payments.

Aug 24, 2011 02:41 PM
Yvette Chisholm
Long & Foster Real Estate, Inc. - Rockville, MD
Associate Broker - Rockville, MD 301-758-9500

Consumers always seem to get the short end of the stick when the bank is concerned.

Aug 24, 2011 04:46 PM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

Richard, as always, thanks for a great post.   I love the parachute analogy.

Aug 24, 2011 04:49 PM
Larry Bettag
Cherry Creek Mortgage Illinois Residential Mortgage License LMB #0005759 Cherry Creek Mortgage NMLS #: 3001 - Saint Charles, IL
Vice-President of National Production

I've been hired as an attorney to help a number of clients on this.  It's really a lot of Bull____.  But again, our goverment ecourages late pays in order to help them.  Simply stupid, yet amazing!

Aug 24, 2011 04:52 PM
John Michailidis
Real Property Management of Sarasota & Manatee - Sarasota, FL
Real Property Management of Sarasota & M

A good blog post that I enjoyed reading! Thank you for sharing it!

Aug 24, 2011 05:49 PM
Sandy Acevedo
951-290-8588 - Chino Hills, CA
RE/MAX Masters, Inland Empire Homes for Sale

Richard, see #10 and remind not to comment on your post again.

Aug 25, 2011 01:31 PM
Richard Zaretsky
THE ZARETSKY LAW GROUP - Board Certified Real Estate Atty and AUTOMATED LAND TITLE COMPANY - West Palm Beach, FL
Florida Real Estate Attorney

Sandy - I took your comment to mean that section was not clear so I edited and put it in bold.

Aug 25, 2011 01:53 PM
Goran Utvic
Goran Utvic Real Estate Broker/Construction Consultant - Chicago, IL
Chicago 2 Flat Specialist

Richard - I had this question the other day...my caller had said their lender would not talk with them because they were not delinquent. Thanks for the explanation...this homeowner was in a true financial hardship, just couldn't get himself to not pay the mortgage.

Aug 26, 2011 02:30 AM
Glenn Freezman
Nucazza LLP & Home Buying Evolution, & Family Abstract, Inc - Fort Washington, PA

Richard, I did a Video called Peter Piper Got Pucked, Poor Peters Home is in Poorclosure.  There is so much that went on from 2000-2007 that its anything but a fairy tale.  http://www.nucazza.com You can click on the picture or the link.  http://youtu.be/i8MyaH1ycHk

Aug 26, 2011 06:24 AM