Tag Archives: hardship
Do you Qualify for Home Loan Modification?
If you’re one of the many homeowners hit by the economic crash, chances are you’ve looked into refinancing, short sales, and other ways to help you get back on track. But if you’re in serious default or are at risk of losing your home, your best bet may be a home loan modification. Also called a mortgage modification, this process involves negotiating with your lender for more comfortable mortgage terms. The government has launched a home loan modification plan, known as Home Affordable Modification Program, designed to help troubled homeowners get better terms.
Each lender has a different standard for granting loan modifications, but the general requirements are pretty much the same. Below are some common cases that may make you eligible for a home loan modification.
Financial hardship Maybe you lost your job, got divorced, or had to pay emergency medical bills. These are all valid reasons (especially in this economy) for falling behind on your mortgage. Note that to qualify for a loan modification, the hardship has to be temporary and you have to have sufficient income. Provide bank statements or financial documents to show that youll be able to keep up with the modified loan.
Adjustable-rate mortgages A lot of today’s home defaults can be attributed to adjustable-rate mortgages, most of which were issued during the sub-prime boom between 2004 and 2007. Once the teaser period ended and the rates reverted to normal, many homeowners found themselves unable to keep up. The government’s home loan modification program allows these homeowners to return to comfortable mortgage terms, so they can avoid foreclosure and save their credit.
Falling home values Many people have found themselves unable to refinance because their home values have fallen, sometimes to a point where they owe more on the home than it’s currently worth. However, decreased home value alone won’t qualify you for a home loan modification, as home values are expected to rise and fall during the life of the loan. But combined with other factors, a decreased value can certainly increase your chances.
Lending violations Sub-prime lenders have been found to violate a number of laws on fair lending, and you can use this to your advantage when applying for a Home Loan Modification. Have a qualified loan modification attorney review your case and see if there are any violations you can use for leverage. With an experienced lawyer, you can negotiate more strongly with your lender and come out with a much more agreeable deal.
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.