The Making Home Affordable plan is designed to help around 9,000,000 American homeowners. There are multiple eligibility requirements, and not all owners of single family residential real estate will directly benefit from the plan. Regardless of the government's active involvement it can still be in a home owner's best interest to have professional legal assistance in addressing mortgage problems.
Mortgage relief and credit card reform deal directly with consumer issues arising from the current recession.
Features of the Obama Loan Modification Program
A loan modification, unlike a refinance is not a new loan. Rather it is a change in the terms of an existing loan. The government is providing incentives for lenders to participate in the loan modification process and for home owners to remain current on a modified loan. The incentives are as follows:
- The lender receives up to a $1,500 payment for a qualifying loan modification
- The government will share the cost of a loan modification with the lender for a modification which lowers the borrower’s expense to less than 38% of gross income down to 31%
- The borrower will receive $1,000 annually for up to five years for remaining current on the loan
- The entire government subsidy for the program may run up to $10,500 per home
Home Owner General Qualifications for Obama Loan Modification
- The loan must be controlled by Freddie Mac or Fannie Mae
- The home must be the owner’s primary residence
- The mortgage was originated before Jan. 1, 2009
- Have an unpaid balance that is equal to or less than $729,750 (for a single-family home)
- Mortgage difficulties must be due to financial hardship. This hardship could be the result of an increase in the payments, or the borrower’s income was reduced or there were unexpected issues (medical problems, pay reduction) that increased an owner’s expenses, the owner soon will be unable to make payments. There is a requirement to complete an affidavit of financial hardship.
- The monthly mortgage payment must be more than 38% of the owner’s gross (pre-tax) monthly income. (This is known as the debt to income ratio or DTI.)
Features of the Obama Refinance Program
Refinancing is getting a new loan to replace the existing loan. The major feature of the refinancing element of this program is the allowing the loan amount to exceed 80% of the home’s value. Previously no new loan could be written that was higher than 80%, with the drop in prices this change in standard should enable many to take advantage of the current low mortgage interest rates.
Home Owner General Qualifications for Obama Refinance Program
- The home to be refinanced is owner occupied
- The home loan is controlled by Fannie Mae or Freddie Mac (it must be a conforming loan )
- The mortgage payments are current (there has not been a payment more than 30 days late in the last 12 months)
- There is sufficient income to support a new mortgage
- The existing mortgage is between 80% and 105% of the home’s current value (This is known as the loan to value ratio or LTV)
Single Family Residential Real Estate that Does Not Qualify for Making Home Affordable
There is single family residential real estate that does not qualify for either program. These properties:
- Are Investor Owned
- Are Second Homes
- Have Loan to Value Ratios under 80%
- The Loans are not Controlled by Either Fannie Mae or Freddie Mac
Home Owners Still Need Professional Help
Many homes and home owners do not qualify for either of the government programs. The programs themselves only set minimum standards of relief for government participation. There is nothing to say a given home owner will not achieve greater relief than the minimum standards.
The banks will be flooded with applications, and those applications that are properly presented will receive the quickest response. Many loan modifications that have taken place without government intervention have achieved results exceeding $10,500 in the first year of the modification.
Whether a home owner qualifies for the government programs or not, professional legal assistance in presenting the case to the lender will still be invaluable and potentially lead to better results for the property owner.
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