If you're worried about losing your home, you need professional help to negotiate with your lender.
Though the banking industry has repeatedly claimed it's willing to work with borrowers to restructure their loans so they can keep their homes, that just isn't the case.
Getting lenders to speak with you is a struggle. Negotiations can drag on for months. And all too often, the answer is "no" -- your lender won't refinance your unaffordable loan or reduce your interest rate or forgive any part of your debt.
In state after state, the number of foreclosures continues to grow. In California, one of the states hardest hit by the mortgage crisis, the number of foreclosures rose from 6,736 in December to 10,202 in January. Yet the number of high-cost, adjustable-rate mortgages being modified fell from 8,061 in December to 5,630 in January.
"This situation calls for a vigorous response," Federal Reserve Chairman Ben Bernanke told a convention of bankers. "More can and should be done."
But until that day arrives, the first thing you need is a reputable credit counselor or bankruptcy lawyer to help you make the right decisions and deal with all the phone calls, paperwork and roadblocks you'll encounter.
Here are four places where you can go to get that help:
THE NATIONAL FOUNDATION FOR CREDIT COUNSELING is the nation's biggest and oldest credit-counseling organization.
One of its credit counselors can evaluate your finances, devise a plan to restructure your mortgage so that you can afford the payments and take that plan to your lenders.
You'll pay little or nothing for this help, and the NFCC's 120 member-agencies abide by a set of professional and ethical standards that has served many individuals and families very well over the past 50 years.
Here's where to locate an NFCC member in your area.
BANKRUPTCY ATTORNEYS can negotiate with your bank or mortgage company and advise you about any legal action that might save your home.
You might, for example, sue to cancel your mortgage, claiming a mistake on your paperwork violated the Truth in Lending Act, a federal law that requires lenders to accurately disclose important aspects of your loan.
Such errors are fairly common, especially on loans written during the real estate boom when mortgage brokers were pushing documents through the system at a frantic pace.
Judges also have become more willing to grant what's called a rescission, even when the mistakes are relatively minor.
Filing for bankruptcy is another option. While judges can't force lenders to refinance or modify your loan, a Chapter 13 filing will:
- Temporarily stop foreclosure proceedings while your case is in court.
- Give you time to catch up on late mortgage payments.
- Reduce other debts so that you'll have more money available to spend on your mortgage.
Here are five questions that will help you decide: Is bankruptcy a way to save my home?
If you think you might qualify for free legal aid, go to www.findlaw.com to locate help in your area.
If you don't qualify for free legal help, a bankruptcy lawyer will cost anywhere from $2,000 to $5,000, depending on the complexity of your case and where you live. Many attorneys will accept a modest down payment and the balance over time.
To find an attorney who's an expert in this field, use the locator created by the American Board of Certification, a nonprofit group that tests and accredits bankruptcy lawyers.
The next best places to look are STATE FORECLOSURE PREVENTION PROGRAMS. Thirteen states are helping homeowners with unaffordable adjustable-rate loans save their homes.
Most assign a credit counselor to help you refinance into fixed-rate mortgages with lower payments. Two states provide the money homeowners need to catch up with missed payments and keep their existing loans.
Not everyone can qualify for these programs, but if you can, they can save your home.
Check our complete list of state foreclosure prevention programs, including how they work and where to apply.
The HOPE NOW ALLIANCE is the mortgage industry group that negotiated the heavily hyped rate-freeze plan with Treasury Secretary Henry Paulson in late 2007.
It also puts borrowers in touch with credit counselors who evaluate their financial situation.
But those counselors must follow a script created by the lending industry, which limits the options they can suggest.
Most borrowers who call HOPE NOW want to sign up for the rate freeze and keep the low introductory rate on their adjustable-rate mortgages for as long as five years.
But that program has been far more bust than boon.
Eligibility requirements are so strict that only about 118,000 of the 3.7 million homeowners with subprime, adjustable-rate mortgages will be able to qualify, according to a study by the Center for Responsible Lending, a consumer group based in Washington, D.C.
Our report will help you learn more about HOPE NOW Alliance's rate freeze and refinancing program.
If you still want to go it on your own, you can always call your lender yourself.
Virtually every bank and mortgage service company -- that's a firm that sends out bills and collects payments for the investors who actually own your loan -- have loss-mitigation departments that do nothing but work with borrowers in trouble.
We can tell you what to ask for -- and what to expect. Our step-by-step instructions on how to negotiate with your mortgage company will help you plan a course of action.
By Bonnie Biafore
Interest.com Contributing Editor
Have a question about your finances? Ask us at editors@interest.com.
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