Bank of America Loan Modification Finally Gets Streamlined
On March 14, 2009, President Obama announced to the American public that a program would be put in place to help struggling homeowners achieve affordable and sustainable mortgages. This program was called the Homeowner Affordability and Stability Plan.
What most Americans don’t know is that when President Obama announced this plan, Bank of America and every other lender and mortgage servicer in the country was also hearing about it for the first time. The result of Obama’s announcement was overwhelming, flooding mortgage servicers with requests for “Obama’s Plan” to modify mortgages to a promised 2% interest rate.
Bank of America Loan Modification in particular was by far the most inundated. Servicing millions of homeowners, Bank of America scrambled to deal with the onslaught of customers in default or facing foreclosure. The result thus far can best be described as a radical departure from what Obama promised the American public. Not only have modifications from Bank of America been rather difficult and time-consuming, many of the loan modifications that have been produced between March and July seemed to be computer generated, did not deal with individual hardship, and set millions of borrowers up for what is known as “payment shock”.
“Payment shock” is when a forbearance or modification plan is not permanent and at the end of the plan, reverts to a mortgage product that will raise the payment, possibly above the original PITI payment.
Adjust My Loan is proud to announce that just last week, we received a call from the first Bank of America LoanModification negotiator. We know he is the first because he called from a temporary number, at a temporary desk, and he filled us in on the truth behind Bank of America’s ridiculously long turn around times.
This call was incredibly significant as the negotiator explained to us not only why Bank of America has put the reliability of assisting default borrowers in a computer program, but also how Bank of America has struggled since March 14th to create a staff to handle the immense number of requests for loan modification. In short, they simply did not have the man power, the software, a centralized office, or the knowledge on how to process Obama’s plan.
As of July 10th, the Bank of America Loan Modification Department has a staff of negotiators out of Plano, Texas in place to address all of those issues. Now, Bank of America negotiators can go over the terms of loan modification, assess what is affordable in terms of monthly payment, and go over the specific rules and/or guidelines that investors are looking for to approve loan modifications. This news is incredibly exciting because it means that now Bank of America has a trained staff to deal with the intricacies of every mortgagor’s specific and mutually exclusive hardship situation.
No two mortgages are the same and the same can be said for hardship situations. Until July 10th, Bank of America was processing loan modifications by simply putting income figures into a web-based software system that would automatically generate a loan modification and in many cases, the outcome was not only not affordable, but completely contrary to the hardship situation.
We here at Adjust My Loan are already beginning to see the outcome of this wonderful news. Modifications through Bank of America are coming through with more comprehensive results, with sustainable & affordable payments, and in a much more timely manner. For more information about Bank of America, loan modifications, and the Homeowner Affordability and Stability Plan, visit www.adjustmyloan.com or simply give us a call! We would love to hear your feedback on this exciting news!
An announcement from HUD Secretary Shaun Donovan raised the HARP Program’s LTV from 105% to 125% allowing homeowners who are current on their mortgage but underwater to participate in the Making Homes Affordable Plan. “This decision is part of our ongoing efforts to maximize the effectiveness of the Making Home Affordable program and adapt to an ever-changing housing market,” said Treasury Secretary Tim Geithner. “By expanding refinance eligibility, we can bring relief to more struggling homeowners more quickly. It’s a crucial step in our broader efforts to get America’s housing market and economy on the path to recovery.”
The old plan only qualified homeowners who where no more than 105% upside down on their mortgage. This means if you owed $210,000 but your house was only worth $200,000 you could qualify for the refi. This barely helped out anyone here in AZ. Now you can owe $250,000 and have your home only worth $200,000 and get help.
This jump in LTV shows that the original plan is not curtailing foreclosures like they originally thought it would and more drastic measures are needed. We believe another expansion will come in the future!
Even though the loan modification experts at adjustMYLOAN.com only focus on the loan mod side of the Making Homes Affordable Plan, we are happy to hear there is a broadening solution for homeowners who are upside down, want to stay in their homes, and want to stay current on their mortgage payments. “We get hundreds of calls each month from Arizona homeowners who are current on their payments, but drastically upside down” says Cody Sperber owner of AML. “This is a step in the right direction, but it is still not enough for homeowners in states hit hardest by depreciation! We need a loan modification plan that guarantee’s to reduce principal on homes that don’t qualify for HARP. We need a refinance plan that allows homeowners to participate with homes as much as 150% underwater for it to be effective in states like Arizona, Nevada, California, and Florida.”
Below is the press release fr0m HUD that announces the expanded eligibility:
HUD SECRETARY DONOVAN ANNOUNCES EXPANDED ELIGIBILITY FOR MAKING HOME AFFORDABLE REFINANCING
WASHINGTON - U.S. Housing and Urban Development Secretary Shaun Donovan today announced an expansion of the Obama Administration’s Home Affordable Refinance Program to include participation by borrowers who are current but up to 125 percent underwater on their mortgage. Under authorization provided by the Federal Housing Finance Agency, borrowers whose mortgages are currently owned or guaranteed by Fannie Mae and Freddie Mac will now be allowed to refinance those loans according to the terms of the Home Affordable Refinance program established earlier this year.
Secretary Donovan made the announcement while touring a neighborhood in Las Vegas with Senate Majority Leader Harry Reid (D-NV) and Congresswoman Dina Titus. Las Vegas leads the nation in foreclosures and approximately 67 percent of the current mortgage holders have mortgages that are higher than the worth of their homes.
“I am here in Las Vegas because it is ground zero of the foreclosure crisis,” Secretary Donovan said. “I am pleased to join Senator Reid and Congresswoman Titus to make this announcement today, which I believe will make a critical difference in our ability to help many more Americans, particularly those here in Nevada, to stay in their homes. The president’s Making Home Affordable plan is already helping far more families than any previous foreclosure initiative and with today’s announcement we will extend its reach still further.”
“I am pleased Secretary Donovan accepted my invitation to come to Nevada and see firsthand the challenges homeowners here are facing,” Senator Reid said. “His announcement that the loan-to-value requirement for the Administration’s refinance program has been raised to 125 percent is good news for Nevadans fighting to stay in their homes. The neighborhood we visited today represents the hardships caused by the housing crisis and the hope that is being restored through the neighborhood stabilization program and the Home Affordable Refinance Program.”
“I am pleased to welcome Secretary Donovan to Las Vegas and thank him for coming. This is an opportunity to show him firsthand the magnitude of the foreclosure crisis in Southern Nevada,” Congresswoman Titus said. “His announcement that the Making Home Affordable program will be expanded to help those further underwater, something I have advocated for, is welcome news that will help thousands of Nevadans stay in their home. I will continue working with Senator Reid, Secretary Donovan, and the rest of the Administration to find more ways to help the hardest hit areas like Southern Nevada, as every new foreclosure prolongs the housing crisis and hampers our country’s ability to move out of the current recession.”
“This decision is part of our ongoing efforts to maximize the effectiveness of the Making Home Affordable program and adapt to an ever-changing housing market,” said Treasury Secretary Tim Geithner. “By expanding refinance eligibility, we can bring relief to more struggling homeowners more quickly. It’s a crucial step in our broader efforts to get America’s housing market and economy on the path to recovery.”
Currently, only those borrowers whose first mortgage does not exceed 105 percent of the current market value of the property are eligible for the Obama Administration’s Home Affordable Refinance Program. For example if the property is worth $200,000, the borrower must owe $210,000 or less. Today’s announcement will allow more homeowners to become eligible for the program, by increasing the eligibility to 125 percent.
Making Home Affordable, a comprehensive plan to stabilize the U.S. housing market, was first announced by the Administration on February 18. In just a few months, more than 200,000 borrowers have received offers for trial loan modifications, tens of thousands of refinances and trial modifications are under way, and informational mailings about the program have been sent to more than one million borrowers who may be eligible.
Donovan toured a neighborhood that has experienced several foreclosures in recent years, negatively impacting the property values of surrounding homes. The neighborhood has been targeted for Clark County’s Neighborhood Stabilization Program, which will use funds to purchase and rehab foreclosed homes, provide downpayment and closing cost assistance to those purchasing foreclosed homes, and provide housing counseling to potential buyers.
Donovan also announced his plans to deploy HUD Foreclosure Rapid Response Teams to assess the areas hardest hit by foreclosure, starting in Las Vegas. The Las Vegas team will consist of two senior-level HUD Field staff with experience in Single Family Housing and in community outreach. Their task in the next two weeks will be to determine the needs in Nevada and in surrounding areas based on delinquency rate data at the zip code level, as well as listening sessions with local stakeholders such as housing counseling agencies, lenders, and members of the public. Based on the Foreclosure Rapid Response Team’s assessment, HUD will commit two full-time employees to implement their recommendations. Additionally, HUD plans to deploy two Fair Housing equal opportunity specialists to the Las Vegas HUD office, which will provide the opportunity to conduct outreach and education locally, receive discrimination complaints and more readily conduct full investigations.
HUD receives about 100 complaints of housing discrimination every year from residents of Nevada, well over double what was received as recently as 2005. With a local presence, HUD’s Fair Housing & Equal Opportunity office should make it easier for Nevada residents to obtain justice and relief, to educate housing consumers about predatory lending, and to conduct program compliance and monitoring in the over 3000 public housing units and over 8500 Section 8 vouchers.
If you don’t qualify for the refinance part of the Making Homes Affordable Plan then you should contact the loan modification experts at adjustMYLOAN.com. We offer a no obligation FREE consultation to see if you qualify for a loan modification. Contact the experts you know and trust! If you need us, call:
HOORAY for homeowners in Arizona that no longer need to worry about Bobby Herrera scamming them out of their money. Sentenced to FIVE years for a loan modification scam (mortgage fraud) he orchestrated last year that victimized 47 valley homeowners. Our Attorney General Terry Goddard closed this case quickly after he began receiving complaints that he took homeowners money ($1245) with the promise of reducing their monthly mortgage payment and never provided the services. www.adjustMYLOAN.com can proudly say we work tirelessly to treat our clients with dignity and respect, but more importantly we get aggressive loan modifications done for our clients in the fastest time frame possible.
Now if we can only get rid of the other fake loan modification scam artists out there stealing homeowners money and precious time real loan modification companies like adjustMYLOAN.com will be able to help more families! Below is an article from AZFamily.com about the sentencing.
Arizona Attorney General’s Office
PHOENIX - The following is a press release from the Arizona Attorney General’s Office:
Attorney General Terry Goddard today announced that Bobby John Herrera, 33, of Glendale, has been sentenced to five years in prison as the result of a mortgage loan assistance scam he orchestrated that victimized 47 Valley homeowners. Herrera was also ordered to pay $80,541 in restitution to victims.
In December 2008, Herrera was arrested by Surprise and Peoria police in connection with the scheme. He pleaded guilty to one count of fraudulent schemes and artifices, a Class 2 felony, in Maricopa County Superior Court in April.
According to investigators, Herrera solicited struggling homeowners with fraudulent claims that he could modify mortgage terms or provide other assistance to help them prevent foreclosure. Herrera allegedly claimed to have “connections” and expertise negotiating with mortgage lenders to reduce consumers’ monthly payments and prevent foreclosure.
In exchange for the services he claimed to provide, investigators said Herrera often charged the victims upfront fees of $1,245. Herrera is alleged to have not provided any such mortgage loan modification or foreclosure relief assistance, using the money instead for personal expenses.
The Attorney General’s Office began receiving complaints about Herrera last December. In response to concerns raised in complaints, the Office initiated a criminal investigation into Herrera’s activities.
The investigation involved the Arizona Attorney General’s Office, Surprise Police Department and Peoria Police Department.
Assistant Attorney General Todd Lawson prosecuted this case in Maricopa County Superior Court. A photograph of Herrera is attached.
A consumer advisory on mortgage assistance scams was released in December. A copy can be found on the Attorney General’s Web site at http://www.azag.gov/press_releases/dec/2008/Mortgage%20Assistance%20Advisory.pdf .
Goddard recommends that homeowners who are in or facing foreclosure seek assistance promptly from their mortgage lender or servicer or a government-certified housing counselor. Federal, state and local governments offer numerous free resources for distressed homeowners, including the Arizona Foreclosure Help-Line at 1.877.448.1211.
Additional tips and resources are available on the Attorney General’s Web site, www.azag.gov.
DON’T BE A VICTIM OF A LOAN MODIFICATION SCAM! SPEND SOME TIME AND RESEARCH THE COMPANY YOU CHOOSE TO HELP NEGOTIATE YOUR MORTGAGE MODIFICATION. WWW.ADJUSTMYLOAN.COM WELCOMES YOU SHOPPING US AGAINST OUR COMPETITION AND WE BELIEVE OUR INTEGRITY AND APPROVAL RATE WILL SPEAK VOLUMES! GIVE US A CALL AND RECEIVE A FREE CONSULTATION ON YOUR SITUATION!
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Our program is easy to join!All you need to do is call us today and ask for our Affiliate Manager and get involved in the exciting industry of loan modifications.Remember, only you can control your financial freedom and your journey begins with you picking up the phone and contacting us at 480-344-1726 today!
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The professional loan modification experts at www.adjustMYLOAN.com just wanted to take a second and thank the brave men and women in the Armed Forces that tirelessly defend our great country. Our owner Cody Sperber was a member of the United States Navy (honorable discharge) and understands the hard work and dedication each member of our military (and their families) go through each and every day. So to the past, present, and future soldiers of our great country we want to say thank you and happy Memorial Day 2009.
Obama Expands Foreclosure Plan To Include Short Sale Subsidies
Hooray for Arizona! Finally, someone is making sense and creating a solution for those of us whose house values have declined so dramatically it makes it impossible for us to sell our homes! Announced by Treasury Secretary Timothy Geithner, the Obama administration is expanding its 75 billion dollar Making Homes Affordable plan to include additional financial incentives to lenders willing to help homeowners unload their properties at a loss when they owe much more than the present-day value of their homes. The plan focuses on short sales and deed-in-lieu transactions as a way for homeowners to get rid of their homes due to the fact that they don’t qualify for the loan modification or refinance part of the Making Homes Affordable plan. The loan modification experts at AdjustMYLOAN.com think this is fantastic seeing how almost 40% of homeowners in Arizona are underwater and have no way of getting out of their properties. Cody Sperber, a manager at www.adjustMYLOAN.com has been negotiating short sales for four years now and has completed hundreds and hundreds of short sales over his career. “One of the biggest problems a Realtor experiences when negotiating a short sale is the fact that it takes so long. It is extremely frustrating to spend 40-50 hours negotiating only to have your buyers back out due to the fact that they found a better deal during the 4-6 months it took to get an answer from the lender(s)” says Sperber. This plan seems to address this exact problem and hopefully many lenders will participate in the program and speed things up! Below is the Arizona Republics article about the plans expansion:
Relief expanded for struggling homeowners
New U.S. programs to help those too far underwater to sell
Kevin G. Hall - May. 15, 2009 12:00 AM McClatchy Newspapers
WASHINGTON - The Obama administration unveiled new programs Thursday designed to make it easier for homeowners who owe far more than their houses are now worth to sell those homes at a loss and have their remaining debt forgiven.
The programs, announced by Treasury Secretary Timothy Geithner, are the latest additions to Making Home Affordable, an evolving $75 billion plan that tries to break the national housing crisis into separate pieces, attacking the problem on several fronts.
The first two legs of the program sought to help borrowers refinance into today’s low mortgage rates, or if they’re behind on payments, to seek loan modificationsto avoid foreclosure.
President Barack Obama described these steps at a town-hall meeting in Albuquerque on Thursday: “The bank has to lose a little bit of money on what they were expecting on principal and interest. On the other hand, the homeowner, if they make this agreement with the bank, they’ve got to agree that when prices start going up again, they give up a little bit of equity to repay the bank. But either way, everybody is better off, including the community, if people stay in their homes.”
Thursday’s announcements address situations in which borrowers can’t qualify for either of those programs and are at risk of losing their homes. The administration will now provide additional financial incentives to lenders willing to help homeowners unload their properties at a loss when they owe much more than the present-day value of their homes.
The incentives apply to lenders who agree to allow homeowners to conduct short sales or deed-in-lieu transactions instead of going into foreclosure and dragging down prices for neighbors and adding to the already large national inventory of empty homes.
In a short sale, borrowers sell their home at current market value and all proceeds go to the lender. The homeowner is then no longer responsible for the difference between what is owed and the home’s sale price. There’s still a hit to a borrower’s credit rating but not as damaging as it would be in a foreclosure.
When there are no buyers, lenders sometimes accept a deal in which the borrower transfers ownership of the property to the loan servicer, who acts as a bill collector for investors who own pools of U.S. mortgages. This sort of deal is shorthanded as a deed-in-lieu of foreclosure, or deed-in-lieu.
Under the new plan, servicers will receive compensation of up to $1,000 per short saleor deed-in-lieu transfer accepted. As an incentive to avoid foreclosure, borrowers could be paid up to $1,500 in relocation expenses. Because many homes have second mortgages, the Treasury will pay lenders up to $1,000 to accept the deals instead of going to foreclosure.
Borrowers will get 90 days to achieve a short sale and must list it with a licensed real-estate agent. Borrowers in areas of severe market downturn - such as Arizona, California, Nevada and Florida - will get up to a year to reach a short sale. After that, deed-in-lieu transfers occur.
To discourage borrowers from simply unloading their homes, they must first be deemed unable to get a loan modification. The program is voluntary for most lenders but mandatory for banks that received taxpayer-bailout money.
For homeowners in states where home prices have fallen sharply, the administration also rolled out Thursday a complex insurance program that will protect lenders from further home-price declines when they are willing to modify loans. That program is capped at $10 billion.
The cost of all these new programs will be paid from a $50 billion pool of taxpayer bailout money set aside to address the housing crisis.
Experts welcomed Thursday’s initiative.
“We have heard from Realtors that the extensive delay in the short-sale process had caused many buyers to go elsewhere and have left many would-be sellers with no option but foreclosure,” Charles McMillan, a Dallas Realtor and president of the National Association of Realtors, said in a statement. “We are all pleased that the government has stepped in to help homeowners and those wishing to buy a home.”
Rick Sharga, senior vice president of RealtyTrac, a foreclosure-research firm in Irvine, Calif., said the effort will face hurdles, however.
“A lot of the investor-owned loans have (private mortgage) insurance. From the investors’ perspective, they’re going to be better off foreclosing, collecting the insurance, then disposing of the property,” he said. “Short sales, unfortunately, are a 20th-century solution to a 21st-century problem.”
RealtyTrac publishes widely cited foreclosure statistics. Its latest findings, as of April, showed more than 1 million property owners currently in foreclosure proceedings.
“It’s actually a fraction of what’s out there, and that doesn’t even get to the seriously delinquent loans that aren’t in foreclosure,” Sharga said.
The deed-in-lieu may prove more successful, he said, because some areas with severe home-price drops have many homeowners who owe significantly more than their homes are worth.
If you are interested in seeing if you qualify for any of the Making Homes Affordable options, give our loss mitigation experts a call at 1-800-557-7573 and get a FREE CONSULTATION today!
This is awesome. I found this guys drawings on Vimeo and his explanation of our current credit crisis is right on the money. We love his use of minimalist drawings to explain how our financial system imploded like it did! His name is Jonathan Jarvis and his video’s are as cool as they come.
Things are really moving now that SUPERBAMA is in control! That’s right…the Making Homes Affordableloan modificationplan is already being expanded to include second mortgages and to push homeowners who are really upside down towards the newly revamped Hope For Homeowners program. One of the biggest roadblocks the Making Homes Affordable modification plan had was the fact that first lien holders were hesitant to modify their mortgage when the second lien holder got to leave their loans intact. Now second lien holders are incentivized to modify their mortgages down to 1% and in some cases wipe them out completely. The loan modification experts at AdjustMyLoan.com have been modifying both first and second mortgages long before the government subsidies have been around, but we believe this will only make things better for homeowners in the long run. From the first mention of a government assisted modification program our main concern was for those homeowners whose house values have declined dramatically (like those in Arizona). An interest rate drop or term extension only postpones any immediate threats of missing payments or foreclosure and does nothing for those that want or need to sell their homes in the near future. With the program now including second lien holders, there is a chance for a real solution to America’s housing problem! Below is an article from CNNMoney.com about the loan modification plan extension.
Obama expands foreclosure fix
Two steps: Second liens now covered by modification program; servicers must offer eligible borrowers principal reduction under Hope for Homeowners.
NEW YORK (CNNMoney.com) — The Obama administration said Tuesday it is expanding its foreclosure prevention program to cover second mortgages and to direct more troubled borrowers to the Hope for Homeowners program.
Announced with great fanfare in mid-February, the president’s $75 billion program has gotten off to a slow start. Loan servicers only recently started taking applications and many delinquent borrowers have complained about being left in the cold because their home values have dropped or they’ve lost their jobs.
The administration is seeking to address some of the concerns by tweaking the original modification plan, which calls for adjusting eligible borrowers’ loans so monthly payments are no more than 31% of pre-tax income.
Servicers covering 75% of the nation’s mortgages are now participating in the program, which also allows some homeowners with little or no equity to refinance their mortgages, a senior administration official said Tuesday. Together, the plans are expected to help up to 9 million avoid foreclosure.
Second mortgage roadblock
During the housing frenzy, many borrowers obtained second mortgages to allow them to put little or nothing down when buying a home. Up to half of at-risk borrowers have second liens, according to the administration.
These loans have complicated the modification process. For one thing, they add to troubled homeowners’ debt levels. Also, mortgage investors have balked at reducing payments on first mortgages when the second loan was left intact.
Under the administration’s new program, the interest rate on second mortgages will be reduced to 1% on loans where payments cover interest and principal and to 2% for interest-only loans. The government will subsidize the rate reduction, with the money going to the mortgage investor.
Servicers will be paid $500 for each modification and an additional $250 annually for three years if the borrower stays current. Borrowers can receive up to $250 per year for five years to pay down their first mortgage.
Investors can also receive a payment in exchange for extinguishing the second lien. They would receive 3 cents on the dollar for loans more than 180 days delinquent and between 4 cents and 12 cents for less delinquent loans, depending on the borrowers’ debt levels.
Servicers who join the new program must modify secondloans when a borrower’s first mortgage is adjusted. It will likely take a month to implement, but it should not slow down the modifications of primary mortgages, the administration said.
“By bringing both the first lien and second lien program together, we can reduce monthly payments for borrowers and make it much more likely that they can stay in their homes,” a senior administration official said.
Hope for Homeowners option
Also Tuesday, the administration said it is now requiring servicers to offer troubled borrowers access to Hope for Homeowners as a modification option if they qualify.
Expanding Hope for Homeowners would address one of the major holes in the original Obama foreclosure prevention plan. It helps homeowners whose homes are now worth far less than their mortgages.
Servicers had balked at participating in the Hope program because it required they reduce the mortgage principal balance to 90% of a home’s current value.
Hope for Homeowners, which began in October, is being revamped in Congress. Servicers would have to reduce the principal to 93% of the home’s value. The change would also reduce the program’s high fees, which turned off many troubled borrowers.
As an incentive to participate, servicers will be paid $2,500 for each refinancing, while lenders who originate the new loans will receive up to $1,000 a year for three years, as long as the loan remains current.
Separately, however, another pillar of the president’s plan appears to be headed for defeat this week. The Senate is not expected to pass legislation allowing bankruptcy judges to modify mortgages. The administration had sought this change to pressure servicers to modify loans before borrowers declare bankruptcy.
If your interested in a home loan modification, visit www.AdjustMyLoan.com today and get a FREE CONSULTATION.
Arizona Man Pleads Guilty To Loan Modification Scam
Bobby Herrera, a local Glendale man who was charged with taking money form homeowners in foreclosure with false promises of getting them an Arizona loan modification plead guilty April 15th and faces five years in prison as well as a possible $73,000 in restitution to his victims. This is just another example of how important it is to research the person or company that is promising to help you modify your mortgage. These mortgage con artists say all the right things so it is so important to see where they work. Meet their team and ask for testimonials or references. Loosing your home to foreclosure is much too important to just leave things up to hope! Take back control of your situation by choosing a loan modification company that has the proof they can get the job done. Below is a press release from Arizona’s Attorney General Terry Goddard (which all of us at www.AdjustMyLoan.com support) about this scam. Bobby Herrera is scheduled to be sentenced May 13th and we will keep you up-to-date on the results as soon as they come out.
For Immediate Release
Mortgage Fraud Artist who Victimized 47 Valley Homeowners Pleads Guilty
(Phoenix, Ariz. - April 15, 2009) Attorney General Terry Goddard today announced that Bobby John Herrera, 33, of Glendale, has pleaded guilty to one count of fraudulent schemes and artifices, a Class 2 felony, in connection with a mortgage loan “assistance” scam he orchestrated that victimized 47 Valley homeowners.
In December 2008, Herrera was arrested by Surprise and Peoria police in connection with the scheme. He pleaded guilty yesterday in Maricopa County Superior Court. He is scheduled to be sentenced on May 13 and faces five years in prison as well as $73,000 in restitution to victims.
According to investigators, Herrera solicited struggling homeowners with fraudulent claims that he could modify mortgage terms or provide other assistance to help them prevent foreclosure. Herrera allegedly claimed to have “connections” and expertise negotiating with mortgage lenders to reduce consumers’ monthly payments and prevent foreclosure.
In exchange for the services he claimed to provide, investigators said Herrera often charged the victims upfront fees of $1,245. Herrera is alleged to have not provided any such mortgage loan modification or foreclosure relief assistance, using the money instead for personal expenses.
“Herrera was a wolf in sheep’s clothing. He preyed on struggling homeowners at a time when they could have been getting real help to save their homes and their families’ economic stability,” Goddard said. “I urge all homeowners who feel they are at risk of foreclosure to reject offers from costly ‘loan assistance’ businesses and get help from a HUD certified housing counselor. These counselors can be trusted to look out for your best interests and they won’t cost you a dime.”
The Attorney Generals Office began receiving complaints about Herrera on December 3, 2008. In response to concerns raised in complaints, the Office initiated a criminal investigation into Herrera’s activities. The criminal investigation into this case involved the Arizona Attorney Generals Office, Surprise Police Department and Peoria Police Department.
The Arizona loan modification experts at adjustMYLOAN.com have helped a couple of the victims of this loan modification scam artist so far. We were able to put some of his victims into decent modifications just in time to stop the foreclosure auction from taking their houses. We are not saying this to brag…just to let you know that there is such a thing as an ethical loan modification company out there that actually does the work they are paid to do. We understand how much time, effort, and skill is needed to navigate a complete loan modification from start to finish and also understand that most people don’t have the time to spend fighting it out with their lenders. Our loan modification service allows you to focus on your family and your job, while the loan modification is left to the professionals. We offer free consultations and never charge any expensive upfront fee’s for our service. Give us a call at 1-800-557-7573 and shop us compared to our competition. We believe you will be relieved once you get to know our professional staff.
WITH ALL THE LOAN MODIFICATION SCAMS OUT THERE, IS THERE SUCH A THING AS A REPUTABLE, HONEST LOAN MODIFICATION COMPANY?
We have all heard the news lately…”loan modification scam takes advantage of another homeowner”, or “call the lender yourself and don’t pay a third party to help you with your modification”. The news loves a bad story and makes one wonder if there are any good, honest loan modification companies out there?
THE POLITICALLY CORRECT THING TO SAY
Now, at www.adjustMYLOAN.com we absolutely think it is a good idea to be proactive when you are a homeowner facing a financial hardship and you believe you cannot make your upcoming mortgage payments. It seems like the natural thing to do (and the politically correct thing to say) and call your lender right away when you are experiencing problems paying your mortgage. The problem is that many homeowners who are not educated in the real estate / mortgage / loss mitigation world do not know what division to call, what to say, and most importantly, what financial information to disclose during those phone calls. What happens is many homeowners fall into three categories when they try and do a home loan modification themselves…”the disconnect”, the “sorry you don’t qualify”, or the worst one of them all the “here’s your crappy modification agreement”.
The “disconnect” is where you call and get transferred over and over, wait on hold forever, and eventually get disconnected. Do this a few times and the frustration is overwhelming. People already have a fear of confrontation and hate waiting on hold forever so many times this is enough to get them to quit.
The “sorry you don’t qualify”is when an uneducated homeowner calls their lender out of desperation and doesn’t understand that the lender is going to ask them for their financial information…sometimes right then and there over the phone. The poor homeowner discloses financials on-the-fly and ends up de-qualifying themselves because they don’t know what loan-to-value / debt-to-income ratio’s the banks are looking for. Again..the frustration is overwhelming because no matter if they qualify or not the fact remains they can’t afford their current payment. The loss mitigation departments at most major lenders are extremely slow and it takes the average consumer a couple of months to get any answers and by this time it might be too late! Lastly, the call centers at these banks are sometimes overseas and we all know how frustrating it can be when you get someone that barely speaks English telling you (without any feeling of empathy) that there is nothing they can do for you!
The “here’s your crappy modification agreement” is so common and it makes us nauseous. Many homeowners don’t have the time to educate themselves on the in’s and out’s of loss mitigation before attempting to modify their own home loan. They don’t understand the processes, how to get to the decision makers, or the fact that you can counter-offer and get better terms. Most wear out after talking to a un-empathetic loss mitigation negotiator at the bank and end up accepting whatever terms they can just to be done with it. Remember, the banks want to mitigate their loss…that’s why its called loss mitigation! They definitely don’t have your best interest in mind otherwise they would make it super easy to complete this process. If you don’t have a real estate / mortgage background, or you don’t have the time going back and forth with your lender(s) for months and months, contract the work out to a trained expert in loan modification negotiating.
THIS ONE IS OUR FAVORITE
How about this one…“call a HUD certified counselor and get a FREE modification”. While this advice sounds good, we all can agree that nothing good is cheap and seldom anything cheap is good! Free help from a counselor is just that…FREE help (not them actually doing it for you). Anyone can gather the necessary paperwork and submit it to the lender…what a homeowner needs is an aggressive person (or team of people) to fight for the best loan terms possible and not just a paperwork submission helper. Every “financial expert” on the news is telling homeowners to avoid paying up-front fee’s to modification companies and go to a HUD certified counselor for free help. These same people are so far removed from any financial struggles that they don’t feel the severity of the situation. It’s easy to give advice when you are not the one struggling financially, or fighting with your spouse everyday over finances. HUD counselors do not have the time to spend 40-50-60 hours fighting to get you better mortgage terms. In most cases they help you gather the necessary documents and submit them to the lender. Then whatever modification (if any) the lender gives after months and months of waiting is what you will have to accept. NOT AT ADJUSTMYLOAN.COM. We spend all the time necessary to aggressively fight to get you the best loan terms available.
NOTE: HUD Counselors do help you submit the correct financials so in that instance they are a good resource if you do insist on doing this yourself just don’t expect them to do the actual negotiations for you!
THE LOAN MODIFICATION MERRY-GO-ROUND
There was a news story about a congresswoman who tried and negotiate her own loan modification only to get the run-a-round and give up frustrated. CLICK HERE to watch the video. Yes, it is possible to get your own modification, but statistics prove that almost 40% of homeowners who achieve their own loan modification re-default within 6 months because the lender(s) put them into a half ass modification that was in the banks best interest…not the homeowners. DON’T BE A STATISTIC. There are loan modification companies out there who actually do the work they are promising to do and all it takes is some research to find the right one.
OUR SUGGESTIONS TO FINDING THE RIGHT LOAN MOD COMPANY
MAKE SURE THE PERSON YOU ARE DEALING WITH HAS A PHYSICAL BUSINESS ADDRESS AND BUSINESS PHONE NUMBER.
GET COPIES OF RECENTLY NEGOTIATED LOAN MODIFICATION AGREEMENTS TO PROVE THEY CAN DO THE JOB
DO NOT PAY A LARGE UPFRONT FEE…A SMALL FEE IS OKAY BUT IT SHOULD COME WITH A MONEY-BACK GUARANTEE IF THE MOD IS NOT SUCCESSFUL
MAKE SURE THE COMPANY YOU ARE USING HAS AN ONLINE TRACKING SYSTEM SO YOU CAN SEE THE PROGRESS OF YOUR LOAN MODIFICATION AT ALL TIMES
MAKE SURE YOU MEET THE COMPANY AT THEIR OFFICE AND SEE THAT THEY ARE CONDUCTING BUSINESS (GET TO KNOW THE COMPANY)
GET REFERRALS AND TESTIMONIALS TO VERIFY COMPANIES HISTORY
GET COPIES OF ALL PAPERWORK THAT OUTLINES THE BUSINESS RELATIONSHIP
WHAT MAKES ADJUSTMYLOAN.COM DIFFERENT
First and most importantly, we are a full-service (brick and mortar) loan modification company that has been negotiating loan modifications and short sales in Phoenix, Arizona for over 5 years. Our parent company is a member of the Better Business Bureau with zero complaints and can show you completed loan modification agreements between us and almost ever major lender. We are fully transparent and do not hide behind a corporate slogan…we invite you to get to know us in person or through our many videos on our website www.AdjustMyLoan.com. Our website, back-office tracking system, and negotiating processes are unique to us and designed to keep you educated and informed of your loan modifications progress from start to finish. NO OTHER LOAN MODIFICATION COMPANY HAS THE EXPERIENCE, INTEGRITY, AND PROCESSES WE HAVE HERE AT ADJUST MY LOAN. We invite you to get to know us and our professional Loan Modification staff. Lastly, we DO NOT CHARGE any expensive upfront fees for our loan mod service and always offer free consultations to see if you qualify!
