I have been working with Wells Fargo since about July 2009 to get a Home Loan Modification, as outlined in the federal program (www.makinghomesaffordable.gov). I finally received my paperwork this week, and it is as if they "rewrote" the modification the way THEY WANTED TO, not following the federal guidelines, which are clearly written in a 17-page memo to lenders.
Also, they did not offer me the $1000 per year "incentive" that i am eligible for, for up to 5 years, if I enter into the agreement and make my payments on time. This helps "pay down" part of your principal... they totally ignored that ... probably since the guidelines (to lenders), states, "borrowers are eligible for (the $1000 a year incentive) ..." instead of saying "(Lenders), you MUST include this in your loan modification agreement."
Here is what has happened with my loan modification, so right now I am wondering whether to sign or not to sign... and they gave me only 10 days to sign and return... while it took them almost 8 months to get my loan modification through a trial period. !
But here is what happened with my modification:
my mortgage should have been reduced by about $250 - $280 ... but was only reduced by about $98! Borrowers are supposed to bring your payment down to 31% of your Gross Income, and are supposed to reduce your interest rate (as a first step in something the Gov.'t calls the "Waterfall Procedures", which are specific steps Lenders are to take to reduce the mortgage so the CORRECT AMOUNT OF modification agreement can be determined... This is NOT what was offered in my case.
I have been trying to get my home loan modification with them for about 6-7 months... I did EVERYTHING THEY ASKED, sent all forms, resent forms, resent proof of income, the signed affidavit. about 4 months ago, they sent the amount of my trial payments, which was encouraging because the payment dropped from about $1250 (which I can no longer afford, due to a sharp decrease in my income.; my payment for the trial period was reduced to about $980.
I also want to note that i did not have a sub-prime mortgage, that i have always been current on the mortgage, and that my home in Austin TX is worth about what I owe on it. Also, I do pay Private mortgage insurance (PMI), and I'm reading from many with problems, that some banks are not working with them... preferring their home to go into foreclosure, since the home has PMI.
The "making home affordable" gov. website calculators show that I'm eligible, and that $980 (trial payment) was actually somewhat more than the 31% of my income. I thought i was "good to go..." and made every trial payment.
Now... this week, i get a letter from Wells Fargo that offers me something they call a "Home Affordable Modification Agreement", and they only gave me until 3/23/10 (less than 10 days), to sign and return it to them. THE TERMS ARE NOT AS outlined on the Gov't site at ALL! To reduce my mortgage, they offer to EXTEND THE TERM OF THE MORTGAGE, and only to lower the interest rate by about one-half percent. This is NOT how the Gov't site said as to mortgages being modified. My total monthly payment only went down $98, if I sign this, and again... this payment is MUCH more than the approx. $960 that my loan modification should be (according to the calculator on the fedeeral "making homes affordable.gov" site and other federal web sites.). Do they think we don't read or multiply ??? Also... they didn't make my escrow payment with my trial payments, and so they informed me i now owe escrow of $1876 ! (this is something the government guidelines to lenders ALSO tells lenders, that they MUST make the escrow, if the funds are there ... which mine were, as part of my $980 trial period payment.!
They did write in something they call a "borrower incentive" that if i make payments on time, i will "accrue " a "benefit" equal to $54.58, which is 1/2 of the reduction in the monthly mortgage payment. There is nothing that i can find about this being in the government program -- it reads that with a home modification you no longer have to pay the PMI. (because the government is in effect insuring your mortgage, at least that is my understanding of why you no longer have to pay PMI).
I feel WFargo has "rewritten" that program benefit more to THEIR benefit, in their legal terms ... saying, "if your modified mortgage loan ever becomes 90 days delinquent, you will lose all accrued but unapplied principal reduction benefits (the $54.58)... and will no longer be eligible to accrue additional principal reduction benefits..." THAT is NOT in the government guidelines at all.
I don't know what i am going to do at this point, because it seems as if WFargo is really trying to screw me. That is not a word I ever use, but it fits with this situation. In my opinion, they are purposefully ignoring the government guidelines on how the FEDERAL home loan modification program was written, and have written their terms... much more favorable to them.
If anyone has any suggestion, please contact me at my email:
[email protected]. Thank you... and good luck. We need it.
Yours truly,
LSB / Austin TX
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