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There has been a lot of ink spilled on the issue of loan modifications, foreclosure, short sales, and their effect on your credit score. Depending on which newspaper, blog, or Wikipedia article you read there are a couple dozen theories or authoritative statements on how the whole credit scoring system works.

If you are planning to do any of the above: modify your mortgage, foreclose on your mortgage, short sale your home, or any other loan related activity it is worth finding out what the effects will be on your credit score. But why is our credit score so important? And, how does your payment history affect it?

Your credit score is important because it summarizes your credit risk to lenders and businesses. It is a number that describes your financial reliability as a borrower. Some employers and landlords also use this score as one of many ways to get a background check on us. If we apply for a loan and our credit score is low we a) might not get approved, or b) will have to pay higher interest rates  than if we he had a higher score. It is as simple as that.

What makes up your credit score?

The biggest factor is your payment history. Around 35% of your score is based on your borrowing and paying record. This is quite understandable; a lender is justified in wanting to know if you have paid your debts in the past. This does not mean that a single (or event two) late payment/s will automatically destroy your credit score. An overall good record of paying your loans could outweigh a couple of bad instances.

This doesn’t mean either that if you have no late payments you will have a perfect score (that would be 850, in FICO’s main scoring system), there are many other factors to consider.

How long will past delinquencies affect your credit score for?

Bankruptcies, foreclosures, wage attachments, and other cases of delinquency seriously  affect your credit score. How recent and frequent a case of delinquency is also counts in your credit score. Bankruptcies will stay on your credit report  for 7 to 10 years depending on what chapter you filed under. The good thing is that more recent activity in your account will weigh more in your credit score than older delinquencies. A foreclosure, even though some of our readers would like to believe otherwise, will stay on your credit report for a long time. How long is not specified by FICO, but even a 90 day late payment 5 years ago will affect your credit score. Although thankfully the longer ago a delinquency occurred the less effect it has on your score, which means it is worth trying to improve your score because what you do now will have a great effect on your score.

Note: A great reference to learn the basics of the wonderful world of credit rating is  ”Understand your FICO Score” booklet provided by FICO at http://www.myfico.com/Downloads/Files/myFICO_UYFS_Booklet.pdf. FICO credit scores are the most used credit risk scores in the United Sates.

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Today HAFA, also known as the Home Affordable Foreclosure Alternatives starts to work. What will it mean for troubled homeowners? For a start the program increases Treasury’s contribution to homeowners from $1,500 to $3,000, while the contribution for junior lien holders gets a rise from $3,000 to $6,000.

Why is Treasury looking for different ways to give money away? Because the previous ways do not seem to be working. Loan modifications sponsored by the HOPE program also include juicy contributions by Treasury to both homeowners and servicers, but that does not seem to have made much of a difference. The government is now trying to look into short sales as a more pragmatic way of dealing with the wave of foreclosures that is hitting the housing market.

HAFA is designed to speed up the process for homeowners that are seeking for alternative ways to foreclosure, but do not qualify for a loan modification. It is also a smart option for homeowners that are so underwater they do not want to even apply for a loan modification, and just want to get rid of a bad investment with the minimum damage to their credit rating.

What does the program offer? The program principally provides extra incentives to homeowners, servicers and junior lien holders to fast track a short sale application. For instance a homeowners that undergoes a short sale on their home can receive up to $3,000 for their trouble. However, this is not the most interesting feature of this new scheme. Short sales has always been a better option than foreclosing on your home, most homeowners can be helped to understand that it is in their best interest to short sale if they cannot get a loan modification and are going to foreclose on their home.

The problem is that troubled homeowners often have a second mortgage on their property. These secondary mortgage lenders are called junior lien holders. They can stall the short sale process, and often do if they feel there will not be enough money to pay them once the house or property is sold. HAFA looks to give junior lien holders an extra incentive by giving them up to $6,000 if they agree to let the short sale proceed.

This program indicates two things. First the government seems to be changing gears in their pursuit of stabilizing the housing market. The initial focus on providing loan modifications to eligible homeowners is changing. The HOPE loan modification program continues, but the government seeks to complement it by encouraging alternatives like short sales to those that are not eligible for a loan modification. Second, the Obama administration is finally looking at the real issue, most troubled homeowners are in trouble not because their mortgage interests are too high, but because they do not have a job, or enough income to pay a mortgage. It also takes into account solvent homeowners that simply want to let their homes go, and provides them a cleaner way to break their mortgage contract.

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There are few advantages to a financial meltdown, but they do exist. One of them is the significant drop in mortgage interest rates that generally comes hand in hand. You could save thousands of dollars by refinancing your mortgage now interest rates are at an historical low. The question is: can you? This article will look into the three factors that will determine if you are eligible for a mortgage refinance.

First of all, it is worth spending a paragraph on explaining the difference between a loan modification and a mortgage refinance.

Loan modifications are an emergency measure designed for people who cannot pay their mortgage. It reduces the interest rate, extends the length of a mortgage, and in some cases reduces the principal balance of the loan. This measure will have a negative effect on your credit score because you failing to pay the mortgage you signed for. Mortgage refinance is generally not an emergency measure but a strategic move from your current mortgage to another mortgage with lower interest rates. There is no negative credit score impact, because the first mortgage is paid in full before signing a new one. Loan modifications are for homeowners in trouble, while mortgage refinancing is for borrowers that can afford their payments, or pretend to do so, and want a better deal.

So what factors determine if you should refinance now? You should investigate three areas of your personal circumstances: 1) Your credit score, 2) Your home equity, and 3) If you actually save enough money for it to be worth the effort.

Let us look at these factors individually, and see how they relate to the larger picture of mortgage refinancing.

Credit Rating.

When you look for a mortgage refinance you are in effect looking for a lender that offers you a better deal on your mortgage. For a lender to invest in you, you must go through the same procedure as when you got your first loan. The lender will need to make sure you are a reliable borrower and worth the risk. The best way to assess if you will qualify is how good your credit score is. If you do not have a good credit rating, refinancing is simply not an option.

Home Equity.

You need to have some equity on your home for a lender to even consider refinancing your home. The equity on your home, that is the difference between its current value and your mortgage’s balance, is the collateral security you provide your new lender. If it is not large enough, you will not get many lenders willing to take the trouble.

Is it worth it?

There is no point in refinancing a mortgage for the sake of refinancing. You must make sure it actually saves you money. Mortgage refinancing initially cost you money; you only reap the benefits after years of a reduced interest rate. If you are not planning to stay long in your home there might be no sense in refinancing. However if the circumstances are right you could actually save thousands of dollars on your mortgage, and be one of the few that benefited from the financial meltdown.

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Loan Modifications can be a way to save your home from an imminent foreclosure. It will also affect your credit score, and this could affect your chances of getting another loan or when applying for a job. This makes many people think twice before applying for a loan modification. The truth is that you could end up without being accepted for a loan modification but still suffer a drop on your credit score. There is also the time wasted applying and waiting for a response. Some troubled homeowners automatically assume they are not eligible for such a modification. A good way to make sure you are even eligible for a loan modification under the HAMP program is to visit http://makinghomeaffordable.gov/modification_eligibility.html and see if you pass the program’s requirements. This will help you save time and your credit rating without asking for an outright modification. The requirements are straightforward and will give you a clear understanding of your position. This questionnaire will also help you get used to the kind of question you will be asked if you go ahead with the modification. Use it as a trial run that has no negative consequences on your record. The questionnaire is set as a test that tells you if you are eligible for a HAMP modification based on the information you provide. What questions are asked? There are only 5 questions that determine your eligibility. 1) Is your home your primary residence? 2) How big is your mortgage? The key question here is if it is below the $729,750 mark, the maximum mortgage size to fall in the HAMP program. 3) Are you struggling with making payments toward your mortgage? You guessed! If you say no here you will not qualify. I tried! 4) Was your mortgage contracted before 2009? This is also a key question as all loans after this date do not qualify. 5) The final question relates to your debt to income ratio. That is how much money you owe in relation to how much you make. The key question is if it is higher than 31%. If your debt to income ratio is not higher than 31% HAMP cannot help you. You will have to find some other kind of alternative. Put simply you must answer yes to all five questions to be eligible. If you knew anything about the HAMP program you probably did not get much out of that questionnaire. However, after you determine if you are eligible for a loan modification you can download an RMA form at http://makinghomeaffordable.gov/docs/RMA%20Interactive%20-%20Updated%2011.10.09.pdf . This form will help you collect the information you need to apply for a modification. You can then contact a free counselor and ask for advice on your particular case. Unfortunately qualifying for a HAMP loan modification is the easy part. The hard part is getting your lender or servicer to approve it. There are also grey areas when applying for a loan modification, which makes the questionnaire we looked at above a little bit of an oversimplification.  However, it is a great place to start. As you can see the process is not that difficult, you can do it yourself and save yourself a small fortune instead of spending your last dime on a foreclosure rescue company. Nevertheless, you must accept that applying for a loan mod is going to be complicated and require a lot of your time and patience. If you do not have either you might still want to use a paid company.

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Troubled homeowners are so worried about losing  their home they will do anything to save it. This generally ends up including a loan modification. Loan modifications are a way of reducing monthly payments by a) reducing interest rates, b) extending the tenure of the loan, and c) in some rare cases even by reducing  the principal balance of a mortgage.

However, many home owners are starting to realize that interest rates and mortgage payments are not the only things that are being lowered. The credit score of homeowners is being reduced by up to 100 points just for entering a loan modification program. 100 points in a scale that generally goes from 300 to 850 points is a significant blow to a homeowner that has taken good care to protect his credit rating.

The big question is: is it fair? Should it be done?

The main argument housing counselors are putting forward against this practice is the lack of transparency. Most of the times troubled homeowners that ask for a loan modification feel like they are doing the right thing by trying their best to pay for their mortgage despite financial problems. When they realize that there credit score has been hit despite their efforts the sometimes feel cheated.

Are they justified? It seems reasonable to me that lenders and mortgage servicers provide clear information on the consequences of taking on a loan modification. But would a troubled homeowner applying for a loan mod change his mind just because he realizes his credit will be affected? If they do, it probably means they did not really need it to start with.

Why should a loan modification affect your credit rating?

Credit scores and rating are in place to do one thing, help banks and lenders know how reliable a borrower you are. Reliability in this industry is proven by your credit history that is how good you have been at paying your debts, your income and your commitment to the security of the loan, in this case your home.

A credit score is a numeric value assigned to you that qualifies your credit history and how desirable you are as a lender. Now, let us try and detach the emotional aspect of being a troubled homeowner and think about the consequences of a loan modification. A loan modification will in the vast majority of cases mean a reduction in interest, principal balance, or both. This means the bank is losing money. Losing money the borrower agreed to pay. By applying for a loan modification the borrower is stating he or she is struggling to make the payments they agreed to make. Shouldn’t that affect their credit rating, their reliability as a borrower?

Even though applying for a modification will take a chunk from your credit rating it is probably going to shade into insignificance compared to the effect falling behind in your mortgage payments and God forbid, foreclosing on your home. These actions can leave your credit score in tatters for years, and fade into insignificance when compared with a 100 point hit.

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Loan Modifications sponsored by Obama’s administration HAMP (Home Affordable Modification Program) program does not a have a very long history but Wachovia has lagged at the bottom of it from the very beginning.

Wachovia has over 82,000 borrowers with home loans, the economy is doing pretty bad which has caused a large percentage of those borrowers struggle to make their payments. However Wachovia has only provided loan modifications for 3% of their struggling borrowers, those 60 days or more behind their payments and that includes borrowers that are still fighting through a loan modification trial. To give you an idea of how many borrowers get through the trial loan modification to date over 750,000 loan modification trials have been filed but under 40,000 have qualified for permanent loan modifications.

Wachovia is not the only large lender and servicer that has poor a poor loan modification conversion but it 3% is bad even at the bottom of the loan modification conversion league.

The reasons for low conversion numbers are complex. Pointing fingers at servicers and banks is easy and the fact that some banks are doing much better than 3% shows that Wachovia and other servicers can do more, however there are many other factors. Loan Modifications do involve paperwork and depend on Net Present Value tests. Borrowers are not always as good at filling and filing paperwork as they would like and the sad truth is that many people don’t qualify for loan modifications under the current rules. For instance banks are only required to approve a loan modification if the Net Present Value test shows that it would be profitable for the bank to grant the loan modification instead of simply continuing with the foreclosure.

Are Wachovia Loan Modifications damaging your credit score?

Another issue with loan modifications is how they affect your credit rating. As most of the borrowers that qualify for loan modifications can a) afford a modified loan payment, b) have a mortgage that is not terribly “underwater” and c) the will and stamina to endure the painful ordeal of a loan modification it is likely they care about their credit rating after having their loan modification approved.

Various horror stories from the “lucky” 3% of Wachovia’s borrowers that qualified for a loan modification have mentioned how Wachovia guaranteed there would be no negative information reported to their credit file to later realize Wachovia had reported them as undergoing Paying Partial Payment Agreement which is actually way worse than being reported for a loan modification program under the current HAMP program.

It is possible that these cases are isolated to “private” agreements between the borrower and Wachovia without falling under the HAMP program, which does not approve of this kind of reporting. This does not change the fact that it is a straight lie and measures should be taken to stop this if it has become a matter of course with Wachovia. Borrowers can easily destroy their credit by becoming delinquent on their loan quite easily on their own without any servicers “help” in the form of a paying partial payment agreement.

It seems that one of the reasons for these complaints is that when Wachovia was bought out by Wells Fargo loan modification terms were changed and that included credit rating report procedures.

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The current credit crisis has caught the whole world by surprise. Loans, credit cards, mortgages and the secondary loans that they secured all trembled when the whole world got a reality check on the world economy. The prices of homes seemed to never stop rising and banks were fighting each other to lend out money without caring too much about credit rating and income / expense ratios.

Of course when mortgage securities failed, people couldn’t afford to pay their credit cards, loans and mortgages and homes started to lose value things got bad. Millions of families now face losing their home. Many would say that it is part of life. That owning a home is not a civil right, it is a privilege and there is no shame in renting. I wholeheartedly agree, I have rented most of my life and my parents at 67 still rent and they are the happiest couple you will meet.

However 9 million families facing mortgage foreclosure is a big number for any economy to face, even the United States economy. The effect on consumer spending, and the economy as a whole is huge and there is also a case for the government to try and stop some of these foreclosures for the greater good.

This has caused the government to start a number of loan modification programs to try and alleviate the situation. However the progress has been slow and some feel that the measures taken are simply not what the economy needs. Some have pointed out that the we are facing a credit crisis not a housing or mortgage crisis. You could compare it to giving away water to people in a sinking boat. The water is going to help but what they really need is a raft and some water.

Loan modifications help home owners that tied themselves to a bad interest rate to have access to premium interest rates and reduce monthly payments. It also provides bonuses to borrowers and lenders when the loan modifications are successful. This is useful and has helped many. However if you are financially underwater with other debts and loans, getting help on one of these debts might not be enough to make a difference.

Debt consolidation can provide a more suitable lifeboat for those that are crushed by numerous debts that drain their monthly income. Debt consolidations consist of a large loan that pays for all the debts a borrower has.  Debt consolidation loans typically have a lower interest rate than car loans and credit cards although generally higher than premium mortgage rates. The new debt consolidation loan helps to put all debts into one manageable monthly payment that can provide real help to borrowers. The only problem is that they can be very expensive and cause borrowers to re-mortgage their home sometimes putting their home at risk for loans that did not have a home as security.

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There are things you need to be careful you choose right, your spouse, your health insurance, your home and mortgage. If you got the wrong wife, husband or health insurance there’s not much help to be found here.

However if you are struggling to pay your mortgage, the value of your home has dropped to the basement or your bank is ignoring your calls then there might be something we can help with.

In a perfect world loan modifications would not be necessary. We would get things right the first time. Inflation wouldn’t cheapen money, workers wouldn’t lose their jobs, houses wouldn’t lose value and we would all have perfect credit rating. That of course is not the real world. Unfortunately those or only a few of the many things that can go wrong when owning a home and a mortgage.

Loan Modifications seek to remedy some of the problems that can sour a mortgage and make it impossible for home owners to pay monthly payments. Loan Modifications are not a financial holy grail that can solve all problems; it is a tool that if used wisely can help some borrowers in difficulties.

The U.S government has made an effort to make loan modifications available to as many home owners as possible by creating incentives both for service providers (lenders) and home owners (borrowers). The incentives include bonuses for paying your mortgage on time and for borrowers and cash per loan modification for banks and service providers.

However even the Obama Administration has made it clear that loan modifications are not for everyone. They are not for home owners that have no chance of being able to meet their financial responsibilities. Foreclosure is the only way for them. Loan Modifications are for those that are going through hardship but can find a solution with the right kind of help.

You will hear a lot of information on loan modification and how to take advantage of the opportunities the Government is offering we are going to look at three things you very probably don’t want to do.

Pay Someone To Do The Loan Modification For You.
It might seem counterintuitive to say it is best not to get a professional to do it for you and some loan modification consultants do provide a good service. However loan modifications are not that complex you can’t do it yourself. Loan modifications can be very expensive if you get a third party to do them for you. Besides there are so many scammers out there it could spell disaster if you choose the wrong company.

Ignore Your Bank Or Service Provider
Whether you choose to do your Loan Modification by yourself or get a “professional” it always pays to contact your bank and explain your situation before you become delinquent on your mortgage. It might seem strange but banks like to be told when they aren’t going to be paid. Negotiating a loan modification or any other option is much easier if you are still not behind in your payments.

Fall Into A Spiral Of Debt
Many actually see loan modifications as a way to get some extra cash or to allow them to borrow more. The main problem people have with their debt is not that their mortgages are too high but that they have so many other debts to pay. Learning how to save and avoid unnecessary debt is one of the most valuable financial lessons we can learn and that so many of us have to learn the hard way.

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Loan Modification figures right now are scary. According to one survey one in eight U.S households that have a mortgage are in foreclosure or will be soon. This puts great pressure on Government Institutions that are trying to help ailing home owners while the numbers just add up. It is like trying to build a dam while the river is still flowing.

As it often happens the problems Loan Modification Programs face are changing. While the focus of Loan Modification programs is on subprime loans (high interest loans generally purchased by people with low credit rating) a new demographic of struggling home owners is appearing.

Foreclosures of Sub prime borrowers that by some accounts ignited the banking crisis are actually slowing down while borrowers with good credit records are deteriorating faster due to falling home prices and job losses.

The MBA (Mortgage Bankers Association reported last week that 13.2% of mortgages on homes with one to four units were at least a month overdue or actually undergoing foreclosure. This a rather steep rise from 12.1% in the first quarter.

These figures are disappointing as many expected foreclosures to drop as home sales have picked up in the last months. However some analysts have commented that we shouldn’t expect significant improvement until 2010 when the economy really starts to improve.

This shift from the decline of sub prime borrowers to prime borrowers is illustrated by the percentage of prime and subprime foreclosures in the last year. Last year 44% of foreclosures were from prime mortgages, now the figure is around 58%. Last year 49% of foreclosures were from sub prime mortgages, now it is 33%. While sub prime mortgages are recovering, prime mortgages are suffering even more.

What can we learn from this?

It could be good news for the measures the administration. We could read this shift as proof that the demographic the administration has chosen to focus their energies on is benefiting from that help and digging itself out of the whole while the demographic that is not highlighted in the programs measures continues to fall.

It is interesting that more than 235,000 borrowers have started a three month loan modification trial under the current administration under the effort of the administration to reduce monthly mortgage payments. But do these loan modifications target the real problems.

Most of these loan modifications target loans that reset to higher interest rates or to home owners with  high debt to income ratios. In other words these loan modifications seek to help people who fell for high interest mortgages when the housing industry looked like it was going to soar forever. The idea behind the loan modification programs is to allow borrowers to benefit from the current low interest rates.

However prime borrowers that have gone through dire straits struggle to receive the benefits of this program.

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The recent rise in complaints about companies that promise debt relief and simply add to the misery of desperate families has caused the Federal Trade Commission to propose a change in the regulations that control Debt Relief finance providers. The modifications proposed by the FTC are huge and many are claiming it could spell disaster for the whole Debt Relief sector making it impossible for legitimate debt relief business from offering the help that is so desperately required.

What are the proposed regulation modifications?

1)    The debt relief companies would be banned from charging fees for services before they are provided.
2)    It would prohibit Debt Relief businesses from making misleading claims on the speed of the Relief and the savings the borrowers will make.
3)    The new regulations would also prohibit for-profit organizations from pretending to be non-profit organizations and further duping borrowers.
4)    The new rules would require Debt Relief companies to disclose more details to their customers. It would for instance require Debt Relief companies to explain clearly how long the process will take and clarify that not all creditors will be happy to accept balance reductions and interest rate deductions.
5)    Further on this matter Debt Relief companies will be obliged to inform customers that creditors might not be stopped by the Debt Relief company from seeking payments and that seeking Debt Relief might affect the credit rating of the borrower and that the IRS might tax any deductions the creditors decide to write off.

What will be the effect if this proposal is approved?

The FTC’s own estimate is that around 2,000 companies will be affected and will need to reassess their business practices. Alice Hardy an FTC attorney explains: “What the rule is designed to do is prohibit unlawful marketing activity”.

Anybody against the modifications has until the 9th of October to present their objections. One objections that is very likely to be posed is that of upfront fees. According to the proposed modifications Debt Relief companies will not be able to charge fees until the services “paid” for have been carried out.

Everyone can see the reasoning behind the new rules proposed but it is also true that many legitimate operators are going to be suffer. The jury is out on this one and we will have to wait to see if the rules are passed and what actual effect they have if they are.

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