Month: February 2019

Can You Get More Than One Modification On A Mortgage Loan

A loan modification is nothing more than an agreement between two parties to modify the terms of an original contract. In the case of a mortgage loan modification, the contract in question is a mortgage contract. Since the agreement is between two private entities, the borrower and the lender, the terms of the contract may be modified as many times as both parties are willing to agree to.

Since the answer to the question can you get more than one modification on a mortgage loan is yes, many borrowers have some hope if they are trying to save their home from foreclosure a second or third time.

A persons chance of being approved for a second or third loan modification increases as the time between modifications increases. This means that a person will have a better chance of being approved for another loan modification after a decade from their first loan modification than after a year. This does not mean that a person wont be awarded a second or third loan modification shortly after their original modification, it only means that the borrower will have to have one good reason and one good lawyer to get the modification approved.

One way to avoid the hassle of asking for another modification is not to agree to a first loan modification that doesnt do anything to fix ones problems. For example, if the borrower requests a loan modification and their lender makes an offer to modify certain terms of the original contract, but those terms do not make payments as low as the borrower needs them to be, then the borrower should refuse to accept the terms and should attempt to negotiate via a trained foreclosure attorney. If the borrower accepts bad modification terms, only to turn around and ask for another modification shortly after their first one goes into effect, the lender could use the fact that the loan modification terms have already been agreed to as a reason to deny further requests to modify.

Borrowers who were approved for their first or second loan modification several years ago will have a much easier time being approved for an additional loan modification since there is no guarantee that a person will not fall back into financial trouble once they climb out of it. It is reasonable to believe that a person could lose their job more than once or be affected by an injury more than once.

If a borrower wants to avoid having to go through the loan modification experience more than once over the life of their loan, they are urged to secure the services of a foreclosure attorney who can fight for the best terms possible for the borrower the first time around. If the terms of the borrowers first loan modification make monthly loan payments low enough, the borrower will have to worry less about getting another loan modification in the future if more payment trouble arises. If the lender has already made an offer to modify certain terms, the borrower should have that offer reviewed by an attorney to ensure that the offer serves the best interests of the borrower.

Business Loan Solutions – Commercial Mortgage Loan Strategies

Commercial borrowers are likely to be confused when they are turned down and will probably be unsure as to why it happened and what to do next. For each of the five major reasons that a bank might decline a commercial mortgage, a practical strategy is provided for converting the declined commercial mortgage loan into an approved business loan.

Two of the reasons (business plans and tax returns) will potentially impact all commercial borrowers. Many commercial mortgage loan officers will start their business loan review by stating some variation of “Can you show me your business plan?” and “We will need to see several years of tax returns.”

Commercial projects are frequently too unique for traditional commercial banks. In these situations (even if a commercial borrower has favorable tax returns and an adequate business plan), it is not unusual for the business owner to be declined for a commercial mortgage loan by a traditional commercial lender.

The reasons provided below represent commonly-found issues. It is likely that several of the reasons will be relevant for most business loan scenarios.

Commercial Mortgage Rejections: (1) Special Purpose Properties

Reason Number One for business loan rejections: The lender does not make commercial mortgage loans for the type of business financing involved or imposes special covenants that make the commercial real estate loan difficult for the business owner. In a typical example, fewer commercial banks are offering business financing for bar and restaurant properties.

Similarly, auto service businesses are frequently given unnecessary (and expensive) environmental reporting requirements. There are many “special purpose” properties such as funeral homes, campgrounds and churches that most traditional banks will not include in their business lending portfolio.

Strategy Number One for converting the rejected commercial real estate loan into an approved business loan: For most commercial borrowers, there are viable commercial mortgage options beyond traditional commercial lender choices.

There are action-oriented non-traditional commercial lenders that will offer commercial mortgage loans for most special purpose commercial property situations. The best business financing could be available only from a non-traditional lender when a traditional lender won’t provide the necessary commercial real estate loan.

Commercial Mortgage Rejections: (2) Tax Returns

Reason Number Two for business loan rejections: A loan underwriter finds an issue on tax returns that disqualifies a business borrower under the bank’s lending standards. This “issue” will often be inadequate net income, but when commercial loan underwriters analyze income tax returns, there can be a wide variety of other possibilities which produce the same disapproval.

Strategy Number Two for converting the rejected commercial real estate loan into an approved business loan: Commercial borrowers will never have this reason to worry about if they have applied for a “Stated Income” commercial mortgage loan. Very few traditional lenders use a Stated Income process (no income verification, no tax returns, no IRS Form 4506) for a commercial loan.

Business borrowers should look for lenders using Stated Income business loans. This approach, however, will not work for all commercial loans due to a prevailing maximum loan of $3 million for typical Stated Income commercial mortgage situations.

Commercial Mortgage Rejections: (3) Cash Out Limitations

Reason Number Three for commercial mortgage loan and business loan disapprovals: When a business attempts to refinance their commercial property loan and wants to get significant cash out, it is normal for a traditional bank to restrict what the funds are used for and to severely limit the amount of cash received. Even though the bank is willing to make the commercial loan, if they won’t provide the cash required by the commercial borrower, this is similar to rejecting the loan.

Strategy Number Three for converting the declined commercial mortgage into an approved commercial real estate loan: As mentioned above, there are other commercial lending options available. The commercial borrower’s mission (and it is not impossible at all) is to use a commercial real estate lender that will allow them to get much larger amounts of cash out of a commercial refinancing without restrictions on what they do with it.

Commercial Mortgage Rejections: (4) Collateral Required

Reason Number Four for business loan rejections: The bank will not approve a commercial mortgage loan without collateral, typically as a lien on the commercial borrower’s personal residence or other personal assets.

Strategy Number Four for converting the rejected commercial real estate loan into an approved business loan: Commercial mortgage borrowers should seek out business lenders that do not cross collateralize assets as a requirement for receiving a commercial loan. This will provide more options for the borrower and eliminate unnecessary and unwise connections between personal and commercial assets.

Commercial Mortgage Rejections: (5) Business Plan Requirements

Reason Number Five for commercial mortgage loan and business loan disapprovals: A bank’s loan officer determines that the business plan does not support the needed commercial loan.

Strategy Number Five for converting the rejected commercial real estate loan into an approved business loan: Business borrowers should experience fewer delays and profit from dealing with a commercial lender that does not have a business plan requirement due to several key benefits:

(A) Reduce commercial loan costs by thousands of dollars. A common range for an average business plan (prepared to typical bank specifications) is $5,000 to $10,000.

(B) Shorten the business financing closing period. Business plan preparation is likely to take 1-2 months or more.

(C) If a professional business plan is not needed, an approval for the business financing requires one less item.

Copyright 2005-2007 AEX Commercial Financing Group, LLC. All Rights Reserved.

How To Get New Jersey Home Mortgage Loan

When you look around you will see that New Jersey home mortgage loan system is something that is very much common these days. But then there are a few fundamentals too which need to be remembered.

When you are purchasing a home it is important for you to first consider your budget and then your choice. It is because while buying a new house which will be your dream it is always important to prioritize your things. It is just then that you will be able to buy a good space with the money that you have along with the other New Jersey home mortgage loan. There are different kinds of loans which are present these days and therefore you should see to it that you analyze your needs preferences and selection and only then buy something which is suitable.

Before you might have seen getting good loans from the best providers was difficult. But now refinancing loans have become too cheap with a very low rate of interest and therefore you can easily choose to get along with it. Up to a certain limit it has been easy to get these loans but then a few of them at times will ask you to complete a few formalities which are now important. It is therefore that when you want to look out for these kinds of loans you try and get along with a good provider.

It is necessary for you to know about the fact that you will have to first study all of this very nicely and properly. This is because it is only then it will be easier for you to calculate the lock in period and also the interest that you will have to pay. One of the best parts of choosing New Jersey home mortgage loan from a few of the lenders is that you can get it even when you have a bad credit score. But just one thing which you always have to note and remember is that you be true to the lender. There should not be any hidden fact because it would later be a problem for you when you are to receive the loan amount to buy the new house.

Also see to it that when you start choosing the lender they satisfy a few basic conditions at least. This is because it is only then that you can easily be assured of the fact that you will get good New Jersey home mortgage loan at the right point of time.

What are the Responsibilities of a Real Estate Attorney


Real estate lawyers deal with legal issues regarding residential and
commercial real estate, neighbors and tenants, leasing, and private
property ownership. They will have the knowledge of zoning laws,
restrictions, covenants and value estimates and offer sound legal advice
about transfer of real estate property, including purchase and sale.

Outlined below are the primary responsibilities of an experienced and skilled Scottsdale real estate agent:

Document Drafting


One of the major responsibilities of a real estate attorney is drafting
legal documents. They will prepare and review purchase and sale
agreements, financing agreements, rental agreements, leases and
conveyance transactions. Although some states law allow agents to assist
clients in filling out such documents, in most cases only a licensed
attorney can prepare and revise them.

Negotiations


Since real estate attorneys have vast experience in handling various
real estate transactions, clients might often ask their attorneys to
negotiate or discuss the terms and conditions of real estate deals with
other concerned parties. This involves meeting and working with other
attorneys, brokers, investors and developers.

Transaction Review


Some real estate attorneys might only offer their services only for
reviewing the transactions and giving legal advice – they are not
involved in the preparation of any legal documents. The client will be
responsible for negotiating the deal on their own and signing the
contract and then he may contact the attorney for “due diligence”. This
means that the attorney will examine any documents and contracts
involved in the transaction, including legal title issues, environment
issues or reports. The experience of real estate attorneys enables them
to identify any loop holes or flaws in the contract which the client
might overlook.

Litigation

Real estate
transactions do not always workout as planned and may end up in a
lawsuit being filed. In this case, a real estate attorney will represent
his/her client during the real estate litigation. This will involve
drafting and filing legal pleadings, attending hearings and trials, and
filing appeals if need arises. It might also involve striking a bargain
with the opposing counsel and trying to work out a settlement agreement.

Foreclosure

Some real estate attorneys
might concentrate on cases involving mortgage and trust deed
foreclosure, representing either the lender or borrower. Those who
represent lenders will guide them through the foreclosure process and
help them file a lawsuit in court. On the other hand, the attorneys who
help the borrower will try to spot loopholes in the foreclosure process
or negotiate with the lender to agree for a settlement agreement.


Other than these major responsibilities, a good Phoenix realtor will
handle every case with extreme prudence and work in the best interest of
his /her client.