DISQUS

Blown Mortgage: Loan officers help your clients with their loan modifications

  • David · 11 months ago
    Loan modification companies are a scam. Many of today’s loan modification companies for the most part appear to more of a scam then a legitimate business. My observation of the persons in the loan modification business are mainly former loan officers who are trying to find some method in which to obtain similar fees to what they were charging for the originating of loans.

    Unfortunately, the complexity of loan modifications is not about “selling” but requires important financial and legal analysis that is beyond the scope of a typical loan officer use to selling a loan product. For consumers today, they need help. Most loan modifications are important contracts that not only change the loan terms, such as balance, interest rate, terms but include settlements and recourse ramifications (all discussed later).

    More important, many of the loan officers selling loan modifications were the same loan officers who sold the public terrible loan products that led to the financial crisis. Products like sub-prime loans, Payment Option ARMs, Pick-a-Pay loans that led the way into one of the most serious free falls of real estate values since the Great Depression. Reminds me of the old saying:

    “Burn me once, shame on you, burn me twice, shame on me!”

    Equally important is how lawful most are operating. Clearly someone from out-of-state attempting to do loan modifications in California is highly probable that they are breaking the law. Many of the loan modification companies in California area are also not operating lawfully. This is supported by the article on the California Department of Real Estate’s web site at http://www.dre.ca.gov/mlb_adv_fees.html.

    Many loan modification companies have some severe obstacles/problems to overcome. First, they must have a real estate license to NEGOTIATE for consumers on their behalf with a lender. A major exception to this requirement is, of course, an attorney can represent a consumer with the lender. The trend seems to be having an attorney connected to the loan modification firm but that does not qualify as being represented by an attorney and get around the license requirements.

    Any loan modification company that does not employ staff who handles negotiations with you and/or your lender who does not have a real estate license is violating the law. Former loan officers of banks and mortgage bankers who do not have a real estate license are highly suspicious.

    Loan modification companies that are collection large fees up front are collecting what is known as an advance fee. They may do so if they have an approved advance fee agreement approved by the California Department of Real Estate. The current list maintained by the California Department of Real Estate is less than 20 companies in the whole state who have advance fees approved.

    Most advance fee agreements require the funds need to be placed in a trust account and unused fees should be returned when the services have not been completed or the consumer wishes to cancel. Fees are withdrawn upon the completion of specific services only.

    Most loan modification companies promote extensive skills of negotiation and have great success with certain lenders as part of their sales techniques. It is highly probable that they are being deceptive. If they tell you that they have some special relationship with lenders that gives you an advantage if going with their company, which would be a red flag for deception. In marketing talk, that is "puffing", they cannot do any better than a consumer can get directly from their lender.

    Note: Contacting your lender may not be the right choice, discussed later.

    The myth is that loan modification companies negotiate with your lender. It is not a true negotiation. You must QUALIFY for the lenders (servicers) programs that are already established. You either do or don’t, they do not have flexibility. In fact, most of the loan modification departments at a lender have very limited authority and are staffed by relatively low level staff that have very little decision authority.

    Further complicating matters for loan modification companies is their continual promises and non-compliance with law related to consumers in foreclosure. If a consumer is in foreclosure, NO ONE CAN COLLECT A FEE IN ADVANCE FROM A CONSUMER EVEN IF THEY HAVE AN AGREEMENT APPROVED BY THE DEPARTMENT OF REAL ESTATE! A special law protects persons in foreclosure (attorneys exempt). This slaps in the face of the most outrageous promise made to consumers by loan modification companies has save your home from foreclosure.

    Many loan modification companies promise they conduct “forensic audits” that reveal a variety of RESPA and fee disclosure problems. Most of these claims, while sounding great, have statute of limitations problems (RESPA is one year). Such “forensic audits” are more of a sham to make you feel good about writing them such a big check.

    Loan modification is only a single solution path which may not be in a consumer’s best interest. The mortgage crisis has revealed a complex problem for consumers of which some aspects of a loan modification can make sense, albeit rare. The main problem of a loan modification company (besides many are operating illegally) a consumer experiencing difficulty should investigate all of their options and not just one.

    For example (discussed in greater detail elsewhere):

    • You may need to talk to a lawyer about a bankruptcy.
    o A second that is completely unsecured due to loss of value may be completely eliminated in a bankruptcy so why modify it?
    • You may have legal remedies due to errors in the loan documentation that may allow you to rescind your loan.
    • You may be so under water on your loan that no modification is possible or the terms are worthless. Consider:
    o Loss of job
    o Too much debt.
    • A payment option arm that the modified payment does not warrant keeping the property.
    • A deed in lieu of foreclosure may be a better choice. In many cases a deed in lieu may be better than a short sale!
    • Sometimes a cash for keys arrangement can be done in which a consumer deeds the house in exchange for leaving it in good condition (lenders do pay for this at times).
    • If you did a stated income loan or your income was exaggerated in any way, you should not give any information to your lender, you should immediately seek legal advice.

    Looking closely at these other options that should be considered, a loan modification company will not be collecting any fees. Of course, it is not in their list of recommendations.

    Loan modification service companies seem to charge fees that are in the $2,500.00 to $5,000.00 range. That size of a fee is absurd. For example, a bankruptcy attorney is limited to a maximum of $3,500.00 to file a Chapter 13 bankruptcy (subject to limited adjustments) in the Sacramento court (and most other bankruptcy courts in California). Comparing the "fee for services" of a loan modification to a full blown attorney fee shows you just how ridiculous the amounts they charge are! Most loan modification firms employ former loan officers who are now peddling loan modifications instead of loans. You don't need to be sold, you need real help.
  • christin · 11 months ago
    Not all loan modification companies are scams. There are many legitimate people out there who are really helping people. Many home owners are afraid to even answer the phone for their lender, how are they going to complete a whole modification on their own? Some borrowers can, and if they can, certainly they should. The ones who cannot do it on their own should be able to find help from experts. Many loan officers did not know that ARMS and some of the other loan products would wind up hurting people the way they did. Most lenders reps promoted these products above all others. At the time, there was no problem refinancing, and rates were low, so no one expected that these homeowners would be stuck with outrageous mortgage payments. It is a sad tragedy, but certainly was not created out of malice or greed. Who cares if a loan officer is now helping people keep their homes? For all you know, if they didn't help, those homeowners would be out on their butts. I am confident that the homeowners are happy to still have a place to call their own. No one should do a loan or modification that is not in the best interests of the client, just for profit. That is the issue. These loan modification companies don't get paid UNLESS they can secure a modification for their clients. So, no one is being scammed or screwed. It sounds like everyone who bashes loan officers were jealous of the money they made in the past, and are jealous that they are now able to still make a living, while helping others. If you are so concerned, why don't you start doing Non-scam modifications yourself? Better yet, do them for free. Who needs to make a living anymore anyway?
  • jackie · 9 months ago
    You are right not all loan modification companies are bad. I would suggest that the government should regulated the loan modification companies be under mortgage or real estate division. Some states required separate license for mortgage or ral estate.
    Processing and getting approval of loan modificatin takes 60-120-days. Thatis wonder some homeowenrs thought they are scammed but not. It is the lenders who is delaying the processing because they are very disorganize. I wish tht state of illinois copy the state of California requiring to register the advance fee agreement.
  • PaulMolinaroEsq · 11 months ago
    Words from a Very Outspoken and Opinionated California Litigation Attorney

    Here in California, our Department of Real Estate website (dub dub dub dot dre dot gov) lists the companies that have DRE "permission" to modify loans... add to this list any licensed California attorney, and that is where you should begin your due diligence search when you seek help in California. Other states probably have similar laws, so check with your own state DRE and state bar.

    My law firm has been getting more and more calls recently from homeowners that were victims of predatory lenders who put them into an unaffordable loan and now fell into the hands of those same people who sold the toxic loans but profess to be saviors... DON’T BE A VICTIM TWICE! What’s that they say, “Fool me once, shame on you, but fool me twice, and I’ll sue your butt!”

    Do your homework and THOROUGHLY investigate any firm before hiring them to save your biggest asset and the place you call “home.” Scammers are popping up like dandelions on a freshly mowed lawn in April. They advertise on the Internet, freeway billboards, radio, television, and print media everywhere, not to mention spamming your email box with those third-world widows needing someone to receive three million dollars for them. Make no mistake, in many cases, these “loan modification experts” are the exact same loan officers and mortgage brokers who fleeced homeowners the first time around. After losing their jobs with the crash of the mortgage industry, they have found a new way to make ill-gotten profits from hard-working homeowners through loan modifications.

    In California, with very few exceptions (and attorneys are one exception… no coincidence there… attorneys make the laws), it is against the law for anyone to take money up front for helping a homeowner who is in default. Don’t trust a company that begins its relationship with you by breaking the law.

    HERE’S THE BOTTOM LINE!

    Hire an attorney – and not just any attorney either - one with experience in mortgage law, not just one with real estate law experience but one with experience in both FEDERAL and STATE litigation against mortgage companies, one who doesn’t also do family law, criminal law, admiralty law, and immigration law as well, one who limits the practice to mortgage law (or at least a great majority of it), one who has the experienced staff, training, and know how to take on the big lenders and their top notch lawyers (lenders have attorneys – and darn good ones – check out their counsel on the web – big names top schools, shouldn’t you have a lawyer too?).

    We are not talking about a refund on your broken television here, we are talking about hundreds of thousands of dollars and your HOME – if you don’t think this is the time to hire a highly educated and experienced professional instead of a weekend schooled, almost out of work, broker slash loan officer slash “expensive water in a wine bottle with alleged magical curative powers” salesperson, I don’t know what would make you take things seriously.

    Of course, this is one obnoxious lawyer's totally biased opinion, but one based on many many distressing calls to my office every day. And, yes, my firm loves taking cases against loan modification companies who have violated laws. This field is quickly becoming one of the fastest growing sections for our mortgage law firm.

    - Paul J. Molinaro, Esq.
  • Jason · 10 months ago
    Hi Paul,

    I have seen companies here in california hire unlicensed people for their sales team to consult the consumer and then hand it over to an attorney. Are they not required to have a license to consult a consumer?
  • PaulMolinaroEsq · 10 months ago
    There may be two scenarios you are asking about: (1) employees (that is, in-house personnel of the law firm) answering telephones and screening potential clients before the lawyer talks with them and (2) boiler room salesmen (and women) calling people and signing them up for a lawyer who then pays them for each client.

    The first situation is legal. The second is not and could fall under what is called capping, fee splitting, and soliciting, and may violate California Business and Professions Code sections. This second group are the cats my firm likes to skin - law breakers.

    To be clear, my law firm receives hundreds of phone calls a day, on some days. We have been doing a radio show in Los Angeles every Saturday morning from 10 am to noon and will get literally 200 calls in 3 to 4 hours. We have a highly trained and experienced staff to answer the phone lines. These people work for my firm. We hired them to answer phones and screen potential clients and educate potential clients about what my firm does. There are four lawyers in my firm and we simply do not have the time to answer the telephone and talk with every caller. My team is comprised of people with extensive mortgage backgrounds. Once a potential client seems to be looking more like a client, the lawyer then talks with him or her.

    My non-attorney staff does NOT give legal advice but gathers information from a potential client and provides general information on the services my firm offers.

    As for a license, my staff does not need any license, as they are NOT giving legal advice and if they do something wrong I get the heat for it under my law license.

    - Paul
  • dave · 10 months ago
    Are you attorney's kiiding me?

    It is very obvious that you shun Loan Modification Specialists because they are taking business away from you.

    Most Loan Officers that I know of are decent people that try to help others while making a living for themselves. Any business has it's share of crooks. And as attorney's it is very ironic that you think others are crooks. I do believe that attorneys are conceived as NOT the most honorable people around. Also, attorneys charge much higher fees, to justify them going to law school.

    The bottome line is: If it benefits the homeowener who cares who does the modification? Only attorneys care, because they are losing money.....and I could not be happier to hear that!
  • foreclosureprevention · 9 months ago
    Why pay upfront fee's at all when you can bypass scamers?
    Instead of paying an attorney high fee's or risk being ripped off by a loan mod company
    Look into a short refinance which is more favorable to the homeowner.
    For one you will be refinance into a new loan at todays market value with new rate and term!
    this should answer all of your questions regarding a short refinance.
    A short refinance is a tool that is sometimes employed to prevent foreclosure after a debtor has defaulted on payments associated with a mortgage,But a current borrower also qualifies for this program as well. Generally, the original lender extends the short refinance in an effort to minimize the amount of loss that would occur on the transaction if the foreclosure took place. While a short refinance may have some impact on the debtor’s credit rating, the end result will not be as harmful as allowing the mortgage to go into a foreclosure situation. While lenders do lose money on a short refinance, the process does help to avoid many of the costly and inconvenient issues that surround a foreclosure. Depending on the laws governing the issuance of mortgages that apply, the lender may be unable to realize any payments whatsoever for anywhere from six months to a year after the foreclosure takes place. In addition, there are usually legal and other fees involved in the initiation and execution of a foreclosure that further erode any gains the lender would receive at the end of the process(in other words it makes more sense for the lender to approve a short refinance versus going into foreclosure). A short refinance often is the most cost-effective way to minimize losses and maintain aaa steady flow of revenue from the mortgage arrangement. While the total refinance amount of the transaction may be less than what is actually owed on the mortgage, the lender usually forgives the difference. Often, that difference represents interest only and the debtor still ends up paying any remaining principal that is carried over to the new finance situation. Debtors also benefit from the issuance of a short refinance. Foreclosures tend to create a bad credit rating. In any event the small liabilities to the debtor are outweighed by the benefits of using aaa shortshortshort refinancerefinancerefinance rather than allowing the default to escalate into aaa foreclosure
    When the Short Refinance has taken its course the borrower will then go into a new loan at the current maket value of their property with a 30 year fixed rate mortgage at current market interest rates. I specialize in short refinances and loan modifications and can assist you with any real estate needs that you currently have or may have in the future. Please feel free to contact me if you have any questions or need any assistance. Warmly