Modify Loans and Look Out for Legal Issues

If you plan to modify loans because your house is in danger of foreclosing, don't be too complacent about it.  There are many factors to take into account, particularly the legal issues that come alongside with it. Remember, every state has its own take on loan modification, and their rules and laws may be different compared to other states. Therefore, it's best to know them beforehand before you end up in a deeper pit than where you've started from.

The first thing that you should do is to check out if you can do modifications in your state. Other vital questions you need to answer are the following.

First, can you hire real estate brokers to do your modifications for you? Second, do you need to get any license or certificate before you can apply for a modification? Third, is it okay if you ask an attorney to compose the letters for you while you handle the other parts of the application process? Fourth, are mortgage brokers or real estate brokers given referral fees? And lastly, can you pay referral fees to anyone in your state, and how much are you allowed to pay? Be aware that some states do not allow you to charge up-front fees for your services. Even if your state doesn't care, you run the risk of a lawsuit by a frustrated client if the modification is unsuccessful, even if it’s not technically your fault.

These questions might sound very simple, but there are a lot of real estate and mortgage oversight commissions that are sensitive about these issues, so make sure that you know so you have to be careful that you are not stepping on any toes.

What about privacy and security issues? There are some states that may even require you to have locked cabinets and password-protected computers before they can even allow you to begin with you first loan modification, so make sure that your personal files and information are protected from unscrupulous individuals who might use the information that you put in your application for their own purposes.

Before you go out and apply for a loan modification, make sure that your attorney writes a draft of your forms, especially your Client Authorization, Client Services Agreement, and other disclaimers or important forms. Make sure that these drafts are written impeccably well, as they are your only defense from lawsuits or complaints.

Applying for a loan modification is not easy. In most cases, it requires a lot of patience, determination and the willingness to do some research about modifying loans. Knowing the right information can help and save you from possible mistakes during the application process.