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Can't find the Answer you were looking for?
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7479 page views
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Loan modification help
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12/16/2010 11:01 PM (PST)
I hear there is a law in California that a business can not ask for upfront fees for residential loan modification. This business is asking for money before they start and they are not returning phone calls regarding the case status. Am I the only one having issues with this company?
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12/17/2010 7:16 AM (PST)
Moe, have you paid them anything yet?
Effective October, 2009 in California, it is illegal to collect any fees, regardless of the form, for negotiating or attempting to negotiate a loan modification for a residential mortgage. All modification services must be fully completed before any money can be collected. It is also illegal to divide fees or services into components for the purpose of avoiding this law. HUD approved housing counseling agencies are exempt from this law.
The FTC enacted a new rule that goes into effect on January 31st that prohibits advance fees too - and that will apply everywhere in the country. I've heard that this company tries to do a forensic audit and then will collect a group of clients in order to file class action lawsuits.
If you are having trouble making your mortgage payments we would recommend that you first seek a loan modification through a HUD approved non-profit housing counselor ASAP. Call 888-995-4673 to speak with a HUD certified housing counseling agency. They can evaluate your housing options, open lines of communication with mortgage lenders, negotiate a loan modification, and help you with household budgeting, all at no cost. Be prepared to provide to your lender a letter explaining the reasons for your mortgage default or financial hardship, proof of current income, itemized monthly expenses, prior 2 years tax returns*, a copy of a recent utility bill as proof of residence and proof of paid property taxes and homeowners insurance (if not escrowed with your monthly payment). After 3 months of steady payments and more verifications, you hopefully will be approved into a permanent loan modification. See the article below on special assistance programs launching in mid-January in CA for distressed homeowners.
Loan Modification, Unemployment and Renter Assistance Programs in CA, FL, MI, AZ, and NV: http://www.facebook.com/home.php#!/notes/bbb-of-the-southland/loan-modification-unemployment-and-renter-assistance-programs-in-ca-fl-mi-az-and/10150105550677195
CALIFORNIA ATTORNEY GENERAL WARNS HOMEOWNERS TO AVOID FORENSIC LOAN AUDITS: http://www.facebook.com/notes.php?id=117568537756¬es_tab=app_2347471856#!/note.php?note_id=349630582194
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