Loan modification sounds simple enough: you basically ask your lender to change your mortgage terms on the basis of your financial hardship. If you’re one of the millions of American homeowners who want to stop foreclosure, it may just be the solution you’re looking for. If all goes well, you can get your loan modified in just a few weeks and start getting your life back on track.

Unfortunately, it’s a bit less simple than that. Lenders aren’t all too willing to restructure your mortgage at your request, and you can bet they’ll make it hard for you. But with a strong case and the right defense from a loan modification attorney, it’s more than possible to get your way. This guide shows you how to face your lenders and get the best loan modification agreement.

How Loan Modification works:

1. Consultation. The process starts when you consult your loan modification attorney. During the meeting, your lawyer will review your situation and decide whether or not a loan modification is the right step.

2. Paperwork. When they’ve decided they can help you out, your loan modification firm will send you a package asking for financial documents that will be used for your application. These usually include:

• Proof of income
• At least four month of bank statements
• A hardship letter explaining your situation and requesting a loan modification
• A monthly expense sheet detailing all your expenses, including items you are not paying for (such as food and utilities)
• Your most recent mortgage statement
• 2 years W2 forms
• 2 years tax returns

Your loan modification attorney will determine the best approach based on your current situation. They can also use violations of the Real Estate Settlement Procedures Act (RESPA) and Truth In Lending Act (TILA), as leverage during negotiations.

3. Negotiations. Your lawyer will begin negotiations shortly after sending your application. This is where the real work happens, as they’ll actually talk to your lender about your situation and get your loan modified. A good loan modification attorney will negotiate aggressively until the bank makes an offer that suits your financial capacity.

4. Approval. When your bank and lawyer have reached an agreement, they’ll send you a document detailing the offer for approval. The change can be a bad credit refinance, a lower interest rate, or a restructuring of your mortgage, depending on your request and what they agreed on.

How to qualify for a Loan Modification:

Each bank has its own guidelines on qualifying borrowers for mortgage assistance. To get the best results, it’s important to know their standards and do your best to meet them. Factors commonly considered include:

• Income vs. Expenses. The main reason you need to show income vs. expenses is to prove to your lenders that you can still afford to make your payments if they were lowered. This comparison shows how much of your monthly salary goes into paying off your mortgage, including the principal and interest, property taxes, and insurance.
• Nature of hardship. Some lenders have specific rules on what qualifies as financial hardship. Your hardship letter should explain in detail what made you fall behind and show that it was out of your hands. Commonly accepted situations include illness or death in the family, job loss or demotion, lawsuits, divorces, and military service.
• Payment history. Lenders will also look at your previous mortgage statements to see how you handled it before you fell behind. If you made timely payments prior to financial hardship, it shows that you can get back on track once you have a mortgage modification. Note that this isn’t the same as your credit history—your credit rating has nothing to do with qualifying for a loan modification.
• Bank statements. A good bank account shows two things: first, that your spending habits were stable before you fell into hardship; and second, that you have an emergency fund in case you fall behind again.
• Tax payments. This serves as secondary proof of your financial responsibility. Consistent returns show that you pay all your duties and aren’t just trying to get cutbacks. It also backs up whatever claims you made in your hardship letter, and proves that the situation was out of your hands.

Finally, your loan modification attorney also plays a big part in your application. You want someone who comes from a respectable firm, has a good track history (preferably in legal foreclosure assistance), and has contacts at all the major lenders. A good attorney can take time to understand your case and keep negotiating until you get proper mortgage assistance.

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