Bankruptcy Loan Modification Bill Is Approved By House - Feldman Law Center

Last week, a bill which allows bankruptcy judges to lower mortgage payments was approved by the house and will now be sent to the Senate. This bill is expected to show great relief to struggling homeowners unable to meet their monthly mortgage payments currently. Before the bill was approved by the House, major banks and lenders voiced their strong opposition stating the act of lowering mortgage payments would only drive up housing costs over time. Those homeowners interested in learning more about mortgage relief can visit www.loanmodificationhelpcenter.org for more information. This free website allows anyone to gather more information on loan modification or the process of avoiding bankruptcy due to mortgage default.

Last year, mortgage defaults hit an all-time high of 5.4 million, according to national reports. In fact, a survey conducted by the Mortgage Bankers Association showed nearly 12% of homeowners were in foreclosure or were behind in their mortgage payments as of the end of 2008. Thus, it is clear there is a real problem with homeowners being able to meet their monthly payment obligations at this time of American economic struggle.

As part of President Obama’s housing sector rescue program, this bill technically gives permission to judges to reduce any principal and interest rates on mortgages in trouble. Previously a bill was passed giving judges the authority to modify car loan and student loan payments, but mortgage modifications were not a part of that particular bill.

This mortgage modification bill is meant to persuade banks to help trouble borrowers more, by providing more arrangements and alternatives to bankruptcy. However, the bill’s critics still think the increase in current bankruptcy fillings will make mortgage rates higher and be more damaging in the long run of the housing industry.

As a compromise, Housing Secretary Shaun Donovan developed a compromise which includes the limiting of bankruptcy options for homeowners. This limit allows the bankruptcy option to only be available to those homeowners who have previously tried other methods of assistance. Thus, if a homeowner wants to file for bankruptcy loan modification, the homeowner must first approach the lender about other solutions. In addition, lenders shall get 30 days to draw up alternative offers and possible bankruptcy alternatives. This compromise also allows judges to look at each individual case to see if the terms from the lender fit within the housing plan of debt-to-income ratio of 31%.

While many of the nation’s representatives feel this bill is certainly flawed in some areas, most feel it ensures bankruptcy will be a homeowner’s last choice when it comes to their mortgage options. Those banks and lenders who choose to participate in this Hope for Homeowners loan modification program will get an incentive of federal insurance from $100,000 to $250,000, permanently.

For more information about Loan Modification call 800-470-0865 or visit Feldman Law Center