This is the latest breaking news for NV homeowners. More federal help is on the way. We hope that this is not an election stunt to reelect Harry Reid, but would be a real help for dwindling hopes for NV homeowners.
New Home Affordable Modification Program (“HAMP”) Loan Modification Guidelines Taking Effect June 1, 2010
The federal government provided new HAMP borrower outreach and communication guidelines for foreclosure actions while a borrower is being evaluated under HAMP. Furthermore, these guidelines provide additional protection for delinquent borrowers who have filed bankruptcy but would otherwise be eligible for HAMP benefits. For a copy of the full disclosure, see Supplemental Directive 10-02.
Here are some of the key highlights from the directive include:
Additional Foreclosure steps are required:
• The servicer must evaluate the borrower’s eligibility under HAMP and determine that the borrower is ineligible before referring the borrower to foreclosure (or make “reasonable solicitation efforts”).
• If foreclosure activity has already been initiated, the foreclosure sale cannot occur until after the servicer has determined the borrower is ineligible under HAMP (or make “reasonable solicitation efforts”).
• The servicer must give the borrower 30 days to respond to HAMP “Non-Approval Notices” in certain circumstances before conducting the foreclosure sale.
• The servicer must provide the foreclosure attorney certification in writing that the borrower is ineligible for HAMP before conducting the foreclosure sale.
BANKRUPTCY• If the borrower in active Chapter 7 or Chapter 13 bankruptcy (or attorney or bankruptcy trustee) requests, the servicer MUST consider the borrower under HAMP and can no longer decline borrower as a “proper exercise of discretion.”
• If the borrower has been approved on a trial loan modification and files a Chapter 7 or Chapter 13, the servicer MAY NOT deny the borrower for a permanent modification only because of filing bankruptcy.
• If a delinquent borrower has a discharged Chapter 7 and chose not to reaffirm the first lien mortgage debt is still eligible under HAMP, with the following provision added to the permanent modification agreement: “I was discharged in a Chapter 7 bankruptcy proceeding subsequent to the execution of the Loan Documents. Based on this representation, Lender agrees that I will not have personal liability on the debt pursuant to this Agreement.”
It is a great victory for homeowners as BOA agreed to pay 108 million to defrauded Countrywide homeowners.
Yes, it is painful, it is headache, but if there is only choice of foreclosure left, then folks are enjoying it. No one can blame them. They got out of this miserable situation for which they can’t be blamed alone. To them heck with loan modification, lengthy phone calls to lenders all day and sending unending faxes to all those fax machines and talking endless to half trained people over the phone whose only tactics were rudeness, arrogance and collections. Let us enjoy reading this article from NY Times.