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The contributors to this blog are a diverse group of lawyers and law professors who practice, teach, or write about consumer law and policy. Although the blog is hosted by Public Citizen's Consumer Justice Project, the views expressed here are solely those of the individual contributors and do not necessarily reflect those of the institutions with which they are affiliated. To view the blog's statement of policies, please click here.

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Friday, November 30, 2007

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John

Besides missing the first mortgage payment that leads to the foreclosure process, the most important event during foreclosure is the sheriff sale of the property. This is the event that will effectively transfer ownership of the house from the current owners to whomever wins the auction (usually the foreclosing bank). Many homeowners are able to postpone a sheriff sale if they are working on an option to save the home, but stopping the auction numerous times may be more difficult. The homeowners, though, should take every opportunity to gain more time, even if they have realistic chance to prevent the foreclosure from taking their homes.
http://www.thejohnbeck.tv

Todd B.

I just posted a similar blog on pissedconsumer.com
As a MM Consultant, (at the MM Center) we hear failing modification stories everyday! It makes me sick alot of people are getting kicked to the street and that is why I chose to consult and help hurting homeowner’s through this difficult process. The thing that the homeowner doesn’t understand is that when you negotiate a mortgage modification with your current lender, most of the time you are negotiating with an entry level employee or you might get a manager. We at the MM Center have developed relationships with key decision makers at most all of the banks and financial institutions through out the nation. We go right to that key person, (by contacting them on their direct, private line) and we know ahead of time what they are looking for to modify your loan. We have over an 85% success rate of modifying your loan. It doesn’t cost you anything to get pre-qualified and we will let you know within a 24 hour period. We are an honest, ethical company and our top priority is your interest, PERIOD! You need to hire an incorruptible, licensed consultant with many years in the mortgage / finance business. Think of when you purchased your home, did you secure the mortgage all by yourself? If you have any questions, I would be more than happy to assist. Toll FREE @ 866-780-5901

Doug Smith

The key is the lender will do everything they can to avoid foreclosure, so this is the house owners main point of leverage. With some good communication ofen payments can be reduced and the owner can maintain the house.

Bill George

All of the terms and conditions of mortgage modification programs which I have read about put the borrower in the position of a renter rather than a true equity holder. Adding years to the pay-down of the mortgage and mandating requirements for splitting equity accretion with mortgage lenders, if the home price recovers dramatically in the first few years after the modification, are disincentives for accepting a modification and / or maintaining or improving a property subject to such mortgage modification terms. This could have a negative effect on the quality of the housing stock and create more costs for mortgage lenders when the properties eventually become uninhabitable and are abandoned. To a significant degree the mortgage bubble made homes in desirable areas unaffordable for first time home buyers, honest borrowers, economic realists and those people who did not want to become a slave to a mortgage payment. It seems mortgage modification and mortgage restructuring will slow down the re-pricing process necessary to make homes affordable for people who earn (and can document) something close to an average income. I believe areas like California will experience a net loss of lower and middle income potential homeowners, as a result unsustainably high home prices and higher taxes caused by the loss of tax revenue resulting from the mortgage-mess recession.

Another reasonable question, will the borrower in the mortgage modification get full value of the larger mortgage interest income tax deduction created by the modification? It seems unfair for a borrower who is getting taxpayer assistance (through the mortgage bail-out) to also get a tax break as a result of their poor financial planning.

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