The FTC remains busy on both the mortgage and loan modification fronts. After filing complaints and shuttering several loan modification shops in an action announced on April 6th, 2009, the FTC has issued a warning on deceptive mortgage advertisements. Deception has played a big role in current mortgage meltdown which probably has homeowners struggling with incomprehensible mortgages wondering why such a warning comes out about two years behind the times.

Still, the information is valuable in educating potential borrowers on how to detect a misleading mortgage advertisement. The essence of the warning covers the information that gets put into the ads as well as the information that gets left out. Typically, the information that the potential borrower sees is designed sell the mortgage using verbiage that conveys beneficial terms that may be short lived or illusory. When referring to rates, terms like “low fixed” and “very low” that are not defined may carry unseen surprises for the borrower. For instance, a “low fixed” or teaser rates may in fact be fixed only for an introductory period lasting as little as thirty days. “Very low” rates may pertain to either a payment rate or an interest rate. For the borrower, a very low interest rate is an advantage but if “very low” translates to a payment that doesn’t cover the monthly interest charges that same borrower may unknowingly be buying in to a negative amortization loan. The surprise comes when that borrower notices that, instead of decreasing each month, the balance on the mortgage keeps going up as the monthly payment shortage is tacked on to the balance. These principle increases don’t go on forever. At some point the loan will recast, meaning higher monthly payments for the borrower as the mortgage changes over to positive amortization. These types of mortgages are commonly listed as hardships when struggling borrowers apply to modify them due to payments that have suddenly gone out of reach.

Then there are the notices that appear to be either issued by the government or the borrower’s current mortgage company. Because loan details are considered to be in the public domain, predatory lenders can legally obtain borrowers’ mortgage information and act like their lender. In either case, it’s to the borrowers’ benefit to contact their current lender to see if the offer is legitimate.

Information omitted from advertisements can be equally dangerous for borrowers. Including the annual percentage rate (APR) in an ad allows for “apples to apples” comparisons between mortgages. When the APR is omitted, it’s usually for a reason. Most of the time the reason for the omission is that the lender doesn’t want an “apples to apples” comparison with other mortgages. Borrowers can avoid surprises by insisting on a payment schedule and terms for the life of the loan. Asking about impound accounts for property taxes and homeowners’ insurance can also help the borrower determine the monthly budget.                  

Most of what the FTC detailed in their warning is common sense thinking. Following the logic that if it’s too good to be true, it probably is, can go a long way toward keeping a borrower out of trouble. If you have questions about your mortgage or offers you have received on it, call The Feldman Law Center at ____-

The Obama administration’s “Making Home Affordable” Program has been in the headlines since its announcement in early March. Attending to both refinancing and loan modifications, the program gives struggling homeowners additional options as they decide on the best options to lower their mortgage obligations, catch up on payments, and stay out of foreclosure. The program has also raised a lot of questions, so here are some of the more frequent ones being asked around the internet.

Q) Which lenders are offering the program?

A) The program was implemented first at FNMA and FHLMC and is expected to roll out to lenders across the country over the next several months. Lenders participation is voluntary unless they accepted FSA/TARP (bank bailout) funds. Those lenders will be required to offer refi’s and loan modifications under the program’s guidelines.

Q) Is there a limit on the size of the mortgage that can either be refinanced or modified?

A) A mortgage must be $797,000 or less to be eligible.

Q) Will a loan modification or refinance hurt my credit score?

A) Credit scores under the program won’t be affected as the homeowner’s mortgage is essentially being re-written. However, circumstances related to either refinancing or modifying could have an effect. For instance, missed payments leading to a modification would definitely hurt a credit score. On the upside, lower mortgage payments could give a homeowner the opportunity to pay down other debts, resulting in a better credit score over time.  

Q) Is it possible that my mortgage payments could actually go up?

A) It’s possible. Homeowners still in the “teaser rate” phase of their mortgage are one group that could see an increase. The program’s base rate of 2% and caps on the ratio of mortgage payments to income should mitigate the increase. Another group of homeowners that would be very likely to see a payment increase is the one with negative amortization loans. Re-working those mortgages into amortizing loans could raise payments significantly. Despite the potential of increased payment obligations under either option, it could still make sense to refi or modify if the change results in a “lesser of two evils” scenario where payments go up but as much as if the homeowner does nothing. Payments can be gauged at the government’s web site at http://www.makinghomeaffordable.gov

Q) Does the program expire?

A) Yes. The Making Home Affordable program expires on June 10, 2010, which gives homeowners, especially those mentioned in the situations in the previous question, some time to sit on their lower payment schedule before adjusting upward.  

Q) Can I do a refinance or loan modification on my own?

A) A qualified yes. Either can be done as a “do it yourself” but there are many issues to consider. One issue is simply the time involved in getting the project completed. Lender’s hours of operation are typically very similar to those of people working a regular 9 to 5 schedule. If a homeowner can’t put time in to the project during work hours it will require time over lunch and after work, if that’s possible at all. A do it yourselfer should allow for plenty of time to learn about each process, phone/hold time with the lender, and for paperwork. The second issue is that a refinance or loan modification is still a negotiation. Hiring an attorney to wring out the best terms possible could make the fees involved a very worthwhile investment.