United States Banking Law
Home | Link Directory | Forum | Knowledge Base | Blogs | Contact Us



Latest Video


[CaRP] php_network_getaddresses: getaddrinfo failed: Name or service not known (0)

[CaRP] Can't open remote newsfeed [-1].

Newsfeed display by CaRP

Latest Blog Post

Unclaimed Funds
The Federal Deposit Insurance Corporation (FDIC) provides deposit insurance to financial institutions and depositors of these institutions. If a financial institution is closed, by a regulatory agency, the FDIC is appointed as Receiver and is responsible for the payment of insured deposits and the liquidation of the remaining assets. If you did not claim your funds previously you now have another opportunity to do so. Review the "How to claim your funds" section below and complete the attached form. Why does FDIC have unclaimed funds? When a failed financial institution (ban...


Newsfeed display by CaRP

News for Consumers

The Senate passes a reauthorization of a key US surveillance program just aft...
20 Apr 2024 at 7:02am
The Senate passes a reauthorization of a key US surveillance program just after a midnight deadline  The Associated PressSenate Passes Two-Year Extension of Surveillance Law Just After It Expired  The New York TimesSe...

Man who set himself on fire outside Trump's Manhattan hush money trial dies -...
20 Apr 2024 at 5:33am
Man who set himself on fire outside Trump's Manhattan hush money trial dies  BBC.comMan who lit himself on fire outside Trump trial succumbs to injuries: NYPD  The HillMan Sets Himself on Fire Near Courthouse Where Tr...

Israeli Weapon Damaged Iranian Air Defenses Without Being Detected, Officials...
20 Apr 2024 at 4:06am
Israeli Weapon Damaged Iranian Air Defenses Without Being Detected, Officials Say  The New York Times5 new mysteries and thrillers for spring 2024  NPRRadical Iranian province hit by Israel highlights regime's weaknes...

House to vote on critical aid for Ukraine and Israel and a potential TikTok b...
20 Apr 2024 at 4:00am
House to vote on critical aid for Ukraine and Israel and a potential TikTok ban  NBC NewsHouse Set to Vote on Foreign Aid Bills for Ukraine, Israel and Taiwan  The New York TimesRepublicans erupt into open warfare ove...

USC cancels graduation keynote by filmmaker Jon M. Chu amid controversy over ...
20 Apr 2024 at 12:19am
USC cancels graduation keynote by filmmaker Jon M. Chu amid controversy over decision to drop student?s speech  New York Post USC cancels appearance by director Jon Chu, others amid valedictorian controversy  Los Ange...

Explosion hits Iraqi military base housing pro-Iranian militia - BBC.com
20 Apr 2024 at 6:26am
Explosion hits Iraqi military base housing pro-Iranian militia  BBC.comIraq says no drones or jets in area of pro-Iran militia base at time of explosion  The Times of IsraelMiddle East updates: Several hurt in Iraqi b...


Newsfeed display by CaRP
Back

U.S Department of Housing and Urban Development
Loan Modification
Frequently Asked Questions

A Loan Modification is a permanent change in one or more of the terms of a mortgagor's loan, allows the loan to be reinstated, and results in a payment the mortgagor can afford.

Question 1: In utilizing the Loan Modification option to bring an asset current, can the mortgagee include all fees and corporate advances?

Answer: Mortgagee Letter 2008-21 states in part: Legal fees and related foreclosure costs for work actually completed and applicable to the current default episode may be capitalized into the modified principal balance.

Question 2: May a mortgagee perform an interior inspection of the property if they have concerns about property condition?

Answer: Yes, the mortgagee may conduct any review it deems necessary to verify that the property has no physical conditions which adversely impact the mortgagor's continued ability to support the modified mortgage payment.

Question 3: Can a mortgagee include late charges in the Loan Modification?

Answer: Mortgagee Letter 2008-21 states that accrued late charges should be waived by the mortgagee at the time of the Loan Modification.

Question 4: When utilizing a Loan Modification option, can a mortgagee capitalize an escrow advance for Homeowner's Association fees?

Answer: HUD Handbook 4330.1 REV-5, Paragraph 2-1, Section B, Escrow Obligations states: Mortgagees must also escrow funds for those items which, if not paid, would create liens on the property positioned ahead of the FHA-insured mortgage.

Question 5: Is there a new basis interest rate which mortgagees may assess when completing a Loan Modification?

Answer: Yes, Mortgagee Letter 2008-21 states that the new basis interest rate is 200 points above the monthly average yield on U.S. Treasury Securities, adjusted to a constant maturity of 10 years.

Question 6:Will HUD subordinate a Partial Claim, should a mortgagor subsequently default and qualify for a Loan Modification?

Answer: If a mortgagor subsequently defaults and qualifies for a Loan Modification, HUD will subordinate the Partial Claim.

Question 7: Are mortgagees required to perform an escrow analysis when completing a Loan Modification?

Answer: Yes, mortgagees are to perform a retroactive escrow analysis at the time the Loan Modification to ensure that the delinquent payments being capitalized reflect the actual escrow requirements required for those months capitalized.

Question 8: Is the mortgagor eligible for the upfront premium refund at payoff of a modified loan?

Answer: It depends upon when the closing date occurred. For assets closed:

  • After July 1, 1991 but before January 1, 2001, the 7-year unearned premium refund schedule shown in Mortgagee Letter 1994-1 remains in effect,
  • On or after January 1, 2001 that are subsequently refinanced, the 5-year refund schedule shown in the attachment of Mortgagee Letter 2000-46 applies, or
  • On or after December 8, 2004, refunds of upfront MIP are eliminated except, when the mortgagor refinances to another FHA insured mortgage. The refund schedule attached to Mortgagee Letter 2005-03 has been modified to a 3-year period.
Question 9: Can a mortgagee qualify an asset for the Loan Modification option when the mortgagor is unemployed, the spouse is employed, but the spouse name is not on the mortgage?

Answer: Based upon this scenario, the mortgagee should conduct a financial review of the household income and expenses to determine if surplus income is sufficient to meet the new modified mortgage payment, but insufficient to pay back the arrearage. Once this process has been completed the mortgagee should then consult with their legal counsel to determine if the asset is eligible for a Loan Modification since the spouse is not on the original mortgage.


Back