New Home Affordable Modification Program (“HAMP”) Loan Modification Guidelines Taking Effect June 1, 2010

The federal government provided new HAMP borrower outreach and communication guidelines for foreclosure actions while a borrower is being evaluated under HAMP.  Furthermore, these guidelines provide additional protection for delinquent borrowers who have filed bankruptcy but would otherwise be eligible for HAMP benefits. For a copy of the full disclosure, see Supplemental Directive 10-02.

Here are some of the key highlights from the directive include:

FORECLOSURE

Additional Foreclosure steps are required:

  • The servicer must evaluate the borrower’s eligibility under HAMP and determine that the borrower is ineligible before referring the borrower to foreclosure (or make “reasonable solicitation efforts”).
  • If foreclosure activity has already been initiated, the foreclosure sale cannot occur until after the servicer has determined the borrower is ineligible under HAMP (or make “reasonable solicitation efforts”).
  • The servicer must give the borrower 30 days to respond to HAMP “Non-Approval Notices” in certain circumstances before conducting the foreclosure sale.
  • The servicer must provide the foreclosure attorney certification in writing that the borrower is ineligible for HAMP before conducting the foreclosure sale.

BANKRUPTCY

  • If the borrower in active Chapter 7 or Chapter 13 bankruptcy (or attorney or bankruptcy trustee) requests, the servicer MUST consider the borrower under HAMP and can no longer decline borrower as a “proper exercise of discretion”.
  • If the borrower has been approved on a trial loan modification and files a Chapter 7 or Chapter 13, the servicer MAY NOT deny the borrower for a permanent modification only because of filing bankruptcy.
  • If a delinquent borrower has a discharged Chapter 7 and chose not to reaffirm the first lien mortgage debt is still eligible under HAMP, with the following provision added to the permanent modification agreement: “I was discharged in a Chapter 7 bankruptcy proceeding subsequent to the execution of the Loan Documents. Based on this representation, Lender agrees that I will not have personal liability on the debt pursuant to this Agreement.”

If you are a homeowner struggling to make your mortgage payment or feel like you’re your lender or servicer has not worked with you on a loan modification, call a bankruptcy

Rebuilding your credit score after bankruptcy is not as difficult as one might imagine.  Whether you file bankruptcy or not the most important factor in improving your credit score is the ability to demonstrate a positive-payment history which really comes down to common sense. With that in mind, below are some common sense ideas to help you get started:

First, pay the debts that survive bankruptcy ON TIME.  Certain debts may be non-dischargeable such as student loans. Other debts, such as car loans may have been reaffirmed during the bankruptcy.  Pay these monthly debts religiously and early!

Second, you can obtain a secured credit card from a bank. A secured credit card is a type of credit card secured by a deposit account owned by the cardholder. Typically, the cardholder must deposit between 100% and 200% of the total amount of credit desired.  For instance, the cardholder who puts down $1,000 will be given credit in the range of $500 to $1,000.  However, do not make the mistake of using your available credit. Maxing out your credit cards hurts your credit score.

Also, all secured credit cards are not the same.  Before signing up for a secured credit card, look for the following:

  • No application fee and reasonable annual fee. Some secured cards tack huge upfront and annual charges onto their accounts; you do not need to pay these to build your credit;
  • Reporting to the major credit bureaus. You are not helping your credit score unless your payment history is being reported to the three major bureaus: Equifax, Experian and TransUnion.  Before you apply for a card, call and ask if the issuer regularly reports to all three; and
  • The option to convert to an unsecured card after 12 to 18 months of on-time payments. Good behavior should get you upgraded to a regular credit card within a year or two.

Third, obtain revolving debt.   It is very difficult on the immediate months after receiving a discharge for a bankruptcy to obtain revolving debt.  However, in some cases, a friend or family member may be able to add you as an authorized user to an existing credit card account.  If the card holder is responsible with the monthly payments, the credit card company will report these payments as a positive payment history on your credit report.

Fourth, a high-interest credit card, should be considered as a last resort because the terms and interest rates are horrific.  People who have recently declared bankruptcy tend to be amazed at the number of credit card offers they receive after their bankruptcy.  Remember that using these types of cards got you into this mess to begin with.  Therefore, be judicious and sensible in deciding which offers to accept.

Finally, monitor your credit reports from all three bureaus: Equifax, TransUnion, and Experian, on a regular basis.  It is very common for a credit report to have numerous errors.  If there are errors on your credit report, FIX them.  To fix a mistake, go to each credit bureau website and file a formal dispute.  Since you just filed bankruptcy, your credit score is VERY fragile and requires vigilance and regular attention.  A single late-payment further hurt your already-damaged credit score beyond repair.

The ultimate goal in rebuilding your credit is to demonstrate a history of responsible credit management. This requires time and effort. Remember, because of the bankruptcy on your record, your credit score is very fragile and requires vigilance and regular attention. Fortunately, with each month, and each on-time payment, your credit score will increase.

Randy M. Creighton, Esq.


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