Tag Archives: default
Loan Modifications: More Harm than Good?
In 2009, millions of United States homeowners learned that modifying their existing home loans served only to expedite foreclosure rather than prevent it. A U.S. Treasury report released in early December of 2009 revealed that only 4% of applicants under the federal governments Home Affordable Modification Program (HAMP) have been able to successfully modify their loans on a permanent basis. Further, of those 4% that were able to modify their loans, an amazing 40% went into default within the following 6 months. The unfortunately reality exposed by this report is that while many homeowners allowed their homes to go into default to initiate a time consuming modification process, they effectively disregarded their most viable option for debt relief: a short-sale.
As many homeowners across the country became enticed with the prospect of reducing their monthly payments and loan balances via the HAMP loan modification process touted by government officials, borrowers began contacting their lenders in droves. Banks often instructed borrowers that they must discontinue making their mortgage payments in order to qualify for a modification. Homeowners also found that allowing their home to go into default provided them increased leverage to expedite modification negotiations with their lenders. It is at this point in the modification process that an agonizingly slow train wreck was initiated as seemingly endless unreturned phone calls, requests for more documentation, and transfers to various bank representatives were experienced across the country. All the while the normal 6 to 8 month window between default and the foreclosure sale was closing steadily.
The vast majority of homeowners ultimately learned that the bank would not reduce their principal loan balances and that their monthly mortgage payments would only be reduced nominally or temporarily. Often times this realization didnt come until after the notice of trustees sale was received by the homeowners when the debt relief window was only still barely open a crack. The unsubstantiated hope that the HAMP modification program created in millions of financially distraught borrowers served only to prevent them from taking advantage of what has become the most reliable and effective way to avoid foreclosure.
The short-sale process initially started out on rocky ground before banks had time to set up adequate systems and procedures to accommodate large numbers of applicants. However, the year 2009 saw the short-sale process grow increasingly more expedient as the average bank processing period for a completed application rapidly dropped from 4 to 6 months down to 2 to 3 months by years end. Further, most borrowers are no longer required to default on their monthly payments prior to attempting to sell their homes for amounts less than what is owed. Apparently realizing that short-sales represent the most effective method to stave off mass foreclosures, the federal government has also acted to eliminate income tax penalties for short-sales until 2012. Not surprisingly, all of these events have led to an increasingly large amount of successful short sales in 2010.
Many will contend that loan modifications are more appealing since they permit borrowers to remain in their homes while short-sales only serve to sell their homes to others. However, it is essential to remember the large percentage of borrowers that are foreclosed upon even after they have successfully modified their loans. Not to mention the incredibly small number of applicants who are actually able to modify their loans to agreeable terms. Furthermore, is it unreasonable to assume that financially troubled borrowers would be better served selling their properties short and moving into more reasonable accommodations until better suited to take on increased debt?
Short-sales represent the conservative option for borrowers looking to get out of increasing debt and into a position where they can begin saving for the future again. Alternatively, loan modifications have become a long-shot gamble on the part of the borrower with only a limited amount of time between default and foreclosure. If the goal is to reduce debt and monthly payments while avoiding foreclosure, there is no doubt that a short-sale is the most reliable and effective course of action.
Useful Information About Student Loan Default
Some graduates fail to repay because adequate employment isn’t found after leaving school and causes student loan default. Others may have different financial circumstances that could hinder repayment, but there are naïve students who just ignore their obligation and do not fully understand the consequences of default.
DEFERMENT BEFORE DEFAULT
Before defaulting on a loan, deferment, also referred to as “economic hardship” is an option. Loan deferment is postponement of repayment. A borrower must request deferment from the lending institution that issued the loan.
Economic Hardship is only one of several kids on loan deferment, and it is available in one year increments if the student is able to prove through documentation that he or she has had a previous hardship deferment, is on federal or state assistance, or is in the Peace Corps.
If a borrower is attending school, is unemployed, or is in the military then he or she can also qualify for other types of deferment. This is a way to remain in good standing with your loan institution.
DELINQUENCY
Loans go into delinquency when students fail to send in payments on time and this can result in default, but delinquency is a kind of warning. For every one student that defaults, a minimum of two will enter delinquency. Delinquent loans are far more common than defaulted ones. They are not as serious as defaults; to but can nevertheless, result in future ramifications like the inability to obtain mortgage credit.
There are various repayment options available to borrowers, however most do not search for help until delinquency or default has already occurred. Contacting the lender before these issues arise is the best solution to avoid the consequences that come along with failure to repay borrowed funds.
The lenders will send notices by email or traditional mail throughout the period of nonpayment before default occurs, as well as when the loan is declared to be defaulted.
ABOUT STUDENT LOAN DEFAULT
A borrower is required to repay all loans, regardless of whether that person graduated from college or not. When obtaining a student loan, the borrower is required to sign a promissory note, which binds him or her to the terms of the loan agreement and by signing it, the student agrees to repay the funds in full.
Many students want to repay their obligations, but may be finding it difficult obtaining adequate employment after graduation, and this would be the best time to defer the loan, before default sets in.
Once the loan has defaulted, a person can begin enduring serious consequences. Most student loan defaults take place when the borrower withdraws from the college or university and ceases to return and work toward fulfillment of a degree.
Student loans are not able to be discharged through bankruptcy in most cases. After defaulting on your loan, there is the option of making a hardship petition. These hardship petitions have requirements that can be very difficult to fulfill. To meet hardship requirements, a student must be able to show that he or she has made a good faith effort to repay the loan, but if it has already defaulted then this can be hard to prove considering student loan defaults occur after almost one full year of nonpayment.
A person pursing a hardship petition must show that he or she will not be able to meet even the lowest standard of living and still be able to make lowest acceptable payments toward the debt. The person must be able to show that this circumstance will likely be upon him or her for the remainder of the loan repayment period. This could be the hardest evidence to prove, with the exception of persons who have had injuries or serious medical problems, or are homeless. If you are able to satisfy the conditions of the hardship petition, most times only a portion of the loan debt is forgiven.
WHAT HAPPENS AFTER DEFAULT?
Once your loan has been declared to be in default, you are no longer able to defer it and you are no longer eligible to get any further financial aid until the full amount has been repaid. Once default sets in, the repayment period agreed upon in the original promissory note is then forfeited. The full amount is then due back to the lender.
The lending institution will turn over your case to a collection agency and you may then be responsible for any collection costs tacked onto your loan by the collectors. The debt can significantly grow due to collection costs.
If you are employed, an Administrative Wage Garnishment can be placed on you pay, and the employer will then send 15% of your wages toward repayment of the loan.
Your federal or state tax refund or both may be offset by the Department of Treasury. If this happens, you may not be immediately notified until after you have filed your taxes and are waiting for the refund. You may, then, receive a letter informing you of the allocation of the refund or refunds to satisfy your outstanding student loan debt.
Legal action can be taken against you and your credit suffer will definitely suffer tremendously. Persons with defaulted student loans do not qualify for HUD or VA loans and will not be accepted to work for the Federal Bureau of Investigation.
WHAT CAN I DO TO PAY MY DEFAULTED LOAN?
The U.S. Department of Education’s guaranty agencies are all required to accept reasonable and regular monthly payments that are affordable to you. After six full moths of regular repayment, a student may be able to return to school with financial assistance.
The FFEL loan consolidation program or the William D. Ford Direct Loan Program is two programs that help with repayment of defaulted loans, and there is also a loan rehabilitation program for help with repaying your loans.