Defaulting on a loan modification really isn’t any different than defaulting on the original loan. The lender still has the ability to declare a default, to file a mortgage foreclosure lawsuit, to obtain a judgment, and to conduct a judicial auction. As such, there is no effective distinction between defaulting under a loan modification or defaulting under your original loan.
How Many Times Can I Apply For a Loan Modification?
The number of times that you can apply for a loan modification depends on the lender and the investor on your loan. Different lenders have different criteria. We’ve been involved in foreclosure cases where we’ve successfully obtained a fifth, sixth or seventh loan modification. We’ve also been involved in foreclosure cases on the other end of the spectrum, where the lender has stated that they will only accept two or even one modification, at most.
Bottom-line, good representation is the key to increased access to loan modification. Even if the lender sets a limit on the number of modifications allowed, sometimes you can negotiate exceptions through the attorney channel. We always encourage home owners not to give up on saving their home just because a lender initially says that they will not allow further loan modifications. As long as clients hire competent legal representation, there should be something their attorneys can attempt on their behalf.
Is There an Ideal Time to Apply For a Loan Modification?
Our general view is that any time is appropriate for trying to apply for a loan modification. We especially suggest loan modifications to lower your monthly mortgage payments and make them more affordable if you are suffering from any type of hardship, loss of income, divorce, or relocation.
Unfortunately, some lenders won’t initially consider loan modifications for borrowers who have current mortgage loans. However, these decisions are ultimately made on a case-by-case basis and lenders are amenable to persuasive legal negotiation. With good legal counsel, you can navigate those different policies and different rules more effectively.
Can You Sell Your House if You Have a Loan Modification?
You can certainly sell your home even if you’ve modified your mortgage loan. Generally, there are no prohibitions in loan modification agreements that would prevent you from selling your property. Even after you modify the loan on your property, you’re still the owner of that property, and can pretty much do what you wish with it.
What is a Short Sale and Will Most Lenders Accept a Short Sale in the Pre-Foreclosure Phase?
A short sale is a situation where you sell your home for an amount less than what you owe to your lender. Your lender is agrees to accept the lesser amount as payment in full of the debt.
Lenders are not obligated to accept short sales, so there is no guarantee that you can get a short sale approved. As a homeowner, you can go through the short sale process during the pre-foreclosure period.
Generally, we have found that the involvement of good attorneys and good real estate agents/brokers can significantly increase the odds of a successful short sale. The process can be very complicated with a lot of moving parts, but with the help of skillful professionals it is doable.
For more information on Foreclosure Law in Illinois, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (312) 600-8815 today.
79 W. Monroe
Chicago, Illinois 60603
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