Trial Mortgage Modification (Forbearance): Good or Bad?

“Trial modification” or Forbearance has become a very common and often short temporary mortgage solution. While the government has encouraged banks to offer temporary mortgage modification through the payment of monetary rewards to the Banks and Lenders, the practice often leads to a false sense of a “solution” and instead increased home loss. Trial or temporary modification is the process by which a Bank or Lender grants an “interim” or temporary solution or forbearance, whereby they take lesser payments on a temporary basis. It is not a permanent solution and can serve to create an improper sense of security and an increasing balance on missed or reduced back payments. By offering a temporary “peace” the bank reaps significant financial rewards from the U.S. Government, and the homeowner gets temporary relief while often falling further behind.

Forbearance or Trial Modification usually involves a mortgage that is well behind on payments.  It allows the Borrower to make temporary payments at a set amount.  These usually call for three or six months of payments and in no way obligate the Bank to produce a permanent Mortgage Modification.

Trial Modifications (Forbearance) rarely set out the terms of the permanent Modification.  They often call for a set arbitrary payment with no statement of the true eventual terms of any permanent Mortgage Modification.  Trial Modifications are very enticing to novice homeowners begging for a resolution to somehow save their homes.

If a trial Modification fails to become a permanent Modification for any reason, the homeowner is left in a worse position with a larger arrearage and no guarantee of a second chance at Modification.  Make sure any trial or permanent Mortgage Modification is analyzed and approved by a qualified attorney.  It is perhaps the most important legal document you can sign.

Homeowners in trouble need to be careful of trial modifications. If a modification isn’t permanent, it’s rescindable at will by the Bank.  The Bank then follows up with a full demand for all payments which are due immediately. Don’t get trapped. It’s a serious problem that requires prompt legal advice.

 

  • Hundreds of Connecticut families lose their homes as a result of forbearance / trial modification every year.
  • Any modification that doesn’t have clear written terms and a finish date at the end of the loan is a temporary modification only.
  • Modifications that are not in writing are temporary and rescindable at the will of the bank. Be careful.
  • Modifications that are not reflected in continuing accurate monthly mortgage statements are incomplete and usually temporary.
  • Modifications that require further paperwork, further review, further submission, or additional court orders are usually temporary, and always worrisome.
  • Trial Modifications give a false sense of security that leads to increased home loss.

 

Connecticut Attorneys Working for CT Homeowners

Our office has maintained a focused practice dedicated to our local clients since 1983.  We are not a countrywide internet company.  We are experienced Connecticut lawyers with a commitment to hardworking Connecticut residents seeking to save their homes and obtain relief from overwhelming debt.

The best way to learn about mortgage problems, foreclosure, modifications and overall financial security is to speak with an attorney today.  Contact us for a free consultation by calling our office at 203-230-2233, or filling out our online contact form.