Can you qualify for first loan modification when there is a 3rd lien?

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OK so my friend bought her first home a few years back with a first & second at the same time (80/20 loan), then had to have some work done on her basement – the basement contractors put a 3rd/mechanics lien on the property. Now, she is trying to modify her 1st lien position mortgage (they actually contacted her to do this – they own both her first and second) but now they are saying they won’t do this with having a 3rd lien on the property. Now, I actually am Home Equity underwriter, which is why my friend came to me for advice, however being in the *origination* department, unfortunately do not know much about these HAMP modifications. I do however know what subordinations are, and am not understanding why if the 3rd lien is willing to subordinate, why her lender is saying they won’t do that anyways (she has yet to contact the contractor who put the lien on the property) does anyone know if, there is a 3rd lien on the property, is that something banks won’t even touch for modification, even if the 3rd lien is willing to subordinate.?

I am helping my father with a loan modification; he is current on his payment because he’s been using his entire life savings to help with the payment. He grosses $ 3200.00 monthly, yet his take home pay is only $ 2000.00 after taxes, union dues, and health insurance. His house payment is $ 1930.00! He is on the verge of defaulting since he only makes enough just to pay the mortgage. He is using his savings to cover utilities and cost of living. I started the process, and they sent him a packet of forms for me to fill out for a “trial period,” which I just sent out yesterday, but I’ve read on plenty of Y!A that people who are current on their payments will automatically NOT qualify for a modification. Anyone on here earned a loan modification while being current on their payments?

  1. Reply
    Debbie Andress
    January 20, 2011 at 7:14 am

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  2. Reply
    January 20, 2011 at 7:29 am

    The short answer is YES…you can get a modification if you are not late. The answer will depend on his overall DTI (Debt-To-Income) ratio. The question is will a modification, and thus a new lower payment, make enough of a difference so that he can afford his basic expenses AND the mortgage payment? Did you analize his ratios? Do you know who the investor is? Some investors have a policy that they won’t modify until you’re late, but most will…if you’re persistent and make a good case.

  3. Reply
    January 20, 2011 at 8:13 am

    This is not set in stone. If your father is really in that financial situation, your bank will clearly see that in the information you submit in your loan mod package. For something as extreme as what your father has to deal with I believe he will be approved for a loan modification. i think it will be pretty clear to the bank that while he has been current on his mortgage payments, he wont be able to sub-stain this payment history with his income vs hosuing payment. I hope I am right and I wish you and your father luck….

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