how much does it cost to have lawyer help with mortgage loan modification

by Augusta Legros 8 min read

$1,500 to $2,000

How much does a lawyer charge for a loan modification?

Find a lawyer, and also discuss additional foreclosure prevention tactics. Learn more about free non-profit law firms. While each firm and state may have a slightly different process, in general lawyers typically charge homeowners anywhere from $1,500 to $2,000 for a loan modification.

Do I need an attorney to get a mortgage modification?

You Have a Good Understanding of the Mortgage Modification Process. There's no requirement that you must have an attorney to get a modification. If you've spoken to the servicer about getting a modification, done your homework to educate yourself about the process, are confident the servicer hasn't violated the law,...

Is a mortgage loan modification worth it?

A mortgage loan modification is worth pursuing for the right candidates. “A modification can give you a second bite at the apple and get you out of the default or foreclosure process, allowing you a chance to remain in your home,” says Merritt. But caveats apply.

Do you have to pay closing costs on loan modification?

While there are no closing costs for a mortgage modification, your lender may charge a processing fee. “If your modification involves extending your loan’s term, that means you’ll pay more interest over the life of your loan,” explains attorney Charles Gallagher. Do you have to pay back a loan modification?

How much does a mortgage modification cost?

You do not pay closing costs when you modify your mortgage. A loan modification changes the underlying terms of your existing deed of trust. In almost all cases, it does not cost any money to receive a loan modification with your lender.

How do you negotiate a mortgage modification?

How to Negotiate a Loan ModificationDo Not Ignore Your Lender. When facing foreclosure, your lender will likely contact you regularly. ... Stay in the Home. ... Collect Evidence. ... Contact a Foreclosure Defense Attorney. ... Contact Your Lender. ... Be Patient. ... Let Our Florida Foreclosure Defense Lawyers Help With Your Loan Modification.

Can a lender charge a fee for a loan modification?

Banks or lending organizations that offer loans may charge loan modification fees for any changes made to the structure of a loan. The amount may vary depending on the size of the loan or the extent of the changes, but can vary extensively between regions.

Do most loan modifications get approved?

No matter how focused your attention to detail, your credit score almost certainly will take a hit with a home loan modification. Often, a homeowner won't get approved for a loan modification unless there is evidence of one or several missed payments.

Can I refuse a loan modification?

When a loan modification offer is made, the borrower must accept or reject the offer. If the offer is accepted, the terms of the original contract will be changed on an agreed upon date and the borrower can begin making their lower monthly payments.

Can I negotiate a loan modification?

Lenders have no obligation to accept your request for a modification or to renegotiate your principal. This means that getting a modification is usually more difficult than refinancing. You'll need to show evidence of hardship.

What are the disadvantages of a loan modification?

Cons of Mortgage Loan ModificationTaking longer to pay off your debt. If you are paying off the same amount of principal with smaller monthly payments, it will take longer for you to pay off your home. ... Paying more interest over time. ... The foreclosure process won't stop while you're negotiating.

Do you have to pay back loan modification?

If your modification is temporary, you'll likely need to return to the original terms of your mortgage and repay the amount that was deferred before you can qualify for a new purchase or refinance loan.

What happens after a loan modification is approved?

After the loan modification is complete, your mortgage payment will decrease permanently. The amount you'll have to pay depends on the type of changes your lender makes to your existing mortgage loan.

How long does a mortgage modification take?

The loan modification process can typically go between 30 to 90 days sometimes longer if it's a complicated situation. The bank is going to look at your hardship letter and determine the severity of your current financial situation.

What qualifies you for a loan modification?

Who is eligible for a loan modification? To qualify for a loan modification, a borrower usually must have missed at least three mortgage payments and be in default. “Sometimes, a borrower who has experienced financial setbacks, which makes a default imminent, can qualify for a loan modification.

What happens if your loan modification is denied?

The loan modification application process takes time and requires submitting a lot of personal information. During this process, homeowners get further behind on payments, and once they are denied they may be left without options, and may be forced to file for bankruptcy.

Understanding Mortgage Modifications

Before you can figure out if you should hire an attorney to help you with a mortgage modification, you must first understand the basics about modif...

When You Should Consider Hiring An Attorney to Help With Your Mortgage Modification

Below are some situations where you should consider hiring, or at least consulting with, an attorney.

When You Might Not Need An Attorney to Help With A Mortgage Modification

The following are a few situations where you probably don’t need to hire an attorney to assist with the modification process.

What Is the Real Cost of a Mortgage Loan Modification?

So you're experiencing every homeowner's worst nightmare: the 'f' word. Foreclosure. The stress it causes is a serious threat to your health. People in foreclosure are at an increased risk of suicide and mental and physical health problems. And, of course, you will eventually lose your house if you don't resolve the situation.

What is a loan modification?

Modifying your mortgage loan involves making a permanent change to one or more of its terms so the monthly payment is lowered to a level you can afford. The interest rate can be moved to as low as 2% and the term can be lengthened to as much as 40 years.

What is a loan modification application?

Your loan modification application is called a Request for Modification Assistance (RMA). The documentation required to apply for a loan modification is similar to what's needed to get a mortgage in the first place.

Why do you need an attorney for a foreclosure?

Having an experienced attorney working for you can give you better odds of getting the loan modification or foreclosure alternative you want. It can also reduce the anxiety you feel about your situation.

How many people are denied a loan modification?

Some say that as many as nine out of ten people who apply for a loan modification on their own are denied. That's the reward you get for overcoming all the obstacles to getting your application considered. As you can see, it takes a lot of work just to get your request for modification assistance to be considered.

What happens if you lose your house in foreclosure?

The stress it causes is a serious threat to your health. People in foreclosure are at an increased risk of suicide and mental and physical health problems. And, of course, you will eventually lose your house if you don't resolve the situation.

Do you have to pay closing costs to modify a loan?

Unlike refinancing your loan, there are no closing costs for modifying your loan. There's also no cost to apply. Well, there are no financial costs. But the time, energy, and emotional costs can be considerable. Ask someone who's applied for a loan modification on their own what's so hard about it and they're likely to tell you ...

Benefits of using a lawyer for a loan modification

While there are some things to be cautious about, using an attorney for a loan modification also has many benefits.

Find a lawyer

You can contact a non-for profit law firm in your state to both find a local attorney who can help with the mortgage modification, and to also ensure the firm is legit. Find a lawyer, and also discuss additional foreclosure prevention tactics. Learn more about free non-profit law firms.

Loan modification process for an attorney

While each firm and state may have a slightly different process, in general lawyers typically charge homeowners anywhere from $1,500 to $2,000 for a loan modification. However, as indicated above they operate to a higher standard, so many will be reluctant to accept clients who have lost their jobs.

What is mortgage modification fraud?

Mortgage modification fraud comes in many shapes and forms. Some con men simply make big promises, collect an up-front fee and then disappear. Others may try to charge for services that are available for free through the government or your lender.

Why are low income families more susceptible to mortgage fraud?

Lower Income Families: Low income individuals and families are more susceptible to mortgage and home loan fraud because they have fewer options at their disposal. Many times, people feel backed into a corner and are desperate to receive financing--regardless of the details. Skilled loan modification lawyers are available to assist such people and protect their rights.

What to do if you have poor credit?

People With Poor Credit: Those who have poor credit are a frequent target of underhanded brokers. If you are looking for a mortgage or for a loan modification, bring a qualified mortgage modification attorney on board to ensure you aren't duped out of a substantial amount of money.

Why is the mortgage industry under scrutiny?

The mortgage industry has been under heavy scrutiny in recent years, thanks to questionable lending practices and other issues. When the so-called mortgage bubble burst, mortgage fraud and other troubles didn't just go away. Every day, thousands of people are cheated out of money through questionable loan modification programs and other forms of false assistance. Much of the time, these underhanded programs' sub-prime interest rates, exorbitant and unnecessary fees propel a borrower into even deeper debt. Are you at risk? The answer may surprise you.

Can people be taken for a ride by unscrupulous lenders?

People from all walks of life can be taken for a ride by an unscrupulous lender. Here are a few groups of people who commonly attract fraudulent interest rate and real estate-related loan scenarios:

How Can I Apply for a Loan Modification?

Homeowners who are facing financial hardship that makes it impossible to fulfill the mortgage contract should get in touch with their lender or service r immediately, as they might be eligible for a loan modification.

Who Qualifies for a Loan Modification?

Borrowers facing financial hardship—for any number of reasons—might qualify for a loan modification; however, eligibility requirements are different for each lender.

How much does a mortgage payment of $200,000 a month cost?

Reduce the Interest Rate. Shaving your interest rate can reduce your monthly mortgage payments by hundreds of dollars. A $200,000 mortgage payment with an interest rate of 4% on a 30-year fixed-rate loan is about $955 per month, compared to the same loan with an interest rate of 3%, which comes out to $843 per month.

What happens if you extend your loan?

If you extend the length of your loan, you might end up paying less in monthly payments even though you owe more toward your principal.

How much late payment is required for a mortgage?

Some lenders require a minimum of one late or missed mortgage payment or imminent risk of missing a payment in order to qualify. Lenders also will want to assess what caused the hardship and whether a modification is a viable path to affordability.

What is principal modification?

Reduce the Principal Balance. In rare circumstances, lenders will actually lower the amount you owe, also known as a principal modification. These were more common during the housing crisis when loose lending standards prevailed and home values tanked, leaving many borrowers underwater with their mortgage.

What to do if you are suffering from financial hardship?

If you’re suffering from financial hardship, be sure to talk to your lender right away. Find out whether you qualify for a loan modification, per their rules, and if that solution makes sense for you.

What Is a Mortgage Modification?

A mortgage modification amends the original terms of your home loan agreement to create a payment you can afford. These changes are permanent and remain in effect for the duration of the mortgage. After a careful examination of your income, mortgage payment and other debts, your lender may lower the interest rate on your mortgage. This reduced rate can significantly lower your home loan payment, which can translate into a manageable home loan payment. Mortgage modifications differ from refinancing. A refinance requires the completion of a new mortgage loan application. This process involves a credit score of at least 680, and you're responsible for mortgage-related fees, such as closing costs. Modifications are designed to help distressed property owners. Your credit isn't a factor in the decision process, and you aren't required to pay fees to your lender.

What to do if you can't afford your mortgage?

If you experience economic hardship and can no longer afford your current mortgage payment, call your lender's hardship department and request a modification. A telephone request starts the modification process, but you will need to visit your lender in person to discuss your situation and negotiate new mortgage terms.

What happens after you sign a mortgage form?

After you sign a form authorizing an attorney to represent you, your attorney contacts the mortgage lender on your behalf and handles all negotiations. Modifications can move slowly when a lawyer isn't involved. Having a lawyer by your side can move your lender to action.

How does losing your job affect your credit score?

Losing your job and experiencing economic hardship can reduce your disposable income to the point where you're unable to make your home loan payment. Falling behind on your mortgage payment can affect your credit score.

What is the credit score required to refinance a home?

A refinance requires the completion of a new mortgage loan application. This process involves a credit score of at least 680, and you're responsible for mortgage-related fees, ...

How many mortgage payments do you need to have to qualify for a loan modification?

To qualify for a loan modification, a borrower usually must have missed at least 3 mortgage payments and be in default. “Sometimes, a borrower who has experienced financial setbacks, which makes a default imminent, can qualify for a loan modification.

What is loan modification?

Loan modification is when a lender agrees to alter the terms of a homeowner’s mortgage to help them avoid default and keep their house during times of financial hardship.

What is the difference between a refinance and a loan modification?

refinance. A refinance is typically the first plan of action for homeowners who need a lower mortgage payment. Refinancing can replace your original loan with a new one that has a lower interest rate and/or a longer term.

What is loan forbearance?

Loan forbearance is a temporary plan that pauses mortgage payments while a homeowner gets back on their feet.

How to find loan servicer?

The loan servicer is the company that takes your monthly mortgage payments; you can find yours by checking the name and contact information on your latest mortgage statement. Many borrowers begin the process by sending a ‘hardship letter’ to their servicer or lender.

What is a FHA-HAMP loan?

FHA-HAMP is typically combined with one of the loan modification methods above to lower the borrower’s monthly payment. Eligible FHA borrowers must complete a trial repayment plan to qualify for either loan modification or the FHA-HAMP program.

How long can a USDA loan be extended?

USDA modification plans also allow a term extension up to 480 months, or 40 years total, to help reduce the borrower’s payments.

How Can a Lawyer Help with Debt Modification?

Lawyers are trained negotiators, and those who focus on bankruptcy and debt solutions are often as well-versed in the jargon of loans and mortgages as the lenders who offer them. From helping you understand all your options to actively bargaining with the loan servicer, our debt relief lawyers can help you at several different points in the process.

Can you change your mortgage loan agreement?

However, if your mortgage or other loans have become too unwieldy, you can often change the terms of your agreement by negotiating directly with the lender. If successful, loan modification can make it easier for you to afford your monthly payments, keep your house, and even avoid bankruptcy altogether.

What can an attorney do for a loan modification?

In this way, an attorney brings knowledge and resources that will help you through the process and make sure that your best interests are prioritized.

Why hire a loan modification attorney?

By choosing to hire a loan modification attorney, lenders are more open to negotiation and your chances of approval are significantly higher.

What is a mortgage attorney?

In a nutshell, these attorneys help homeowners who are struggling to make mortgage repayments. They do this by working with your lender inrestructuring an existing contract and modifying the loan’s repayment terms.

How long does it take to pay off a mortgage?

Choosing to buy a home is no small commitment. In fact, a conventional mortgage can take up to 30 years to pay off. A lot can happen during this time, and it’s not unusual for homeowners to find themselves in a sticky financial situation. During these tough times, a loan modification attorney can make a world of difference.

Why do you need a legal representative?

A legal representative makes the negotiation process significantly easier and smoother.

Can a loan modification be set up for failure?

Without proper guidance, your loan modification could be setting you up for failure. In many instances, homeowners are led to believe that the bank is on their side and will do anything to help them avoid foreclosure.

Is a loan modification guaranteed?

It’s important to understand that a loan modification is not guaranteed. The bank is under no obligation to give you one and can still foreclose or take away your rights to defense at any time.