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The concept of modification has received a lot of attention
over the past year and a half. The Obama administration created
a program known as Home Affordable Modification Program (HAMP),
which has helped many of our clients. It may depend on the
person you talk to as to whether the program has been a success
overall but, from our point of view, the program has been very
useful in helping our clients find a long-term solution to their
situation.
In essence, modification is a non-judicial process
that involves negotiating with the lender(s). The homeowner
needs to demonstrate a hardship and meet certain financial
requirements. The process seems straightforward but, in fact, it
is usually all but impossible for an individual to successfully
negotiate a modification with a lender. Although HAMP does
provide lenders with certain incentives to modify, by and large,
lenders are reluctant to do so. There are many reasons for that,
but the bottom line is that a homeowner who is serious about
modification will likely have to engage the services of a
professional. When it comes to choosing the
professional to trust with your modification, you should know
that Florida law prohibits loan modification companies from
accepting up-front payments for this service. The reason this
law exists is the existence/perception of ongoing problems with
fraudulent loan modification companies. There are not many law
firms that offer loan modification services, and fewer still
that really have the experience and personnel to bring about
optimal results. Notwithstanding, with a law firm, the client
has peace of mind in knowing the attorney and firm are regulated
by the Bar Association.
Please see articles published by HLA attorneys for
more information regarding loan modifications.
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