QUOTE (Living Modifications @ Mar 28 2009, 11:13 PM)

Based on certain signed documents by the goverment early this month, the bank should be able to offer her a modification process without the need of destroying her credit. I hate to say this, but what she needs is representation. You need to go to the loss mitigation department and try 1 more time. If she doesn't get the response she's looking for i recommend writing a certified letter reminding her lender who's covering the loss from her modification. Banks will get a lot of money for agreeing to modify existing mortgages that are not yet in the RED. The reason she received the answer with lack of interest is because her loan is a performing portfolio piece for the bank and believe me... they sure don't have too many of those now-a-days. There's a way to get everything done. You just have to be consistant with it. My recommendation is keep trying with loss mitigation and maybe if they still show no interest, mention that you do have representation and the next call will be from them...
If you need help with wording a proper speach for that department, let me know. I would also recommend performing a Mortgage Fraud Examination on your file. It seems that if your friends score is in the 700... getting a rate of 7.5 is rather high. You might find certain RESPA/HUD violations that could help with switching straight from the loss mitigation department to the legal department of your lender... and believe me... it's a whole different type of conversation there. If you're holding strong documentation, you usally get what you want within that certain weeks end. I can help with closing package review.
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The reason she received the answer with lack of interest is because her loan is a performing portfolio piece for the bank and believe me... they sure don't have too many of those now-a-days.
I disagree. About 90% of homeowners are current on their mortgage.
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You might find certain RESPA/HUD violations that could help with switching straight from the loss mitigation department to the legal department of your lender... and believe me... it's a whole different type of conversation there. If you're holding strong documentation, you usally get what you want within that certain weeks end. I can help with closing package review.
RESPA - TILA violations..........eh. Besides, OP claimed her friend had a stated income loan. That finger can point both ways and right back at the friend if the stated income was not correct.
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Based on certain signed documents by the goverment early this month, the bank should be able to offer her a modification process without the need of destroying her credit.
Sure. How many people do you know have received a loan modification based on these signed docs?
A 5.5% is a pretty good rate. How much does the mortgage need to be reduced according to your friend? When you are current with your mortgage, it is difficult to argue an inability to pay, from the lenders eyes, often it does not need to be reduced by anything if the homeowner is current.
If an inability is the reason for the mod. request, what about extending the term of the loan to a 40 year, would that solve the problem?