HomeEq Servicing Making Home Affordable Step Rate Sample

This final modification was secured for one of our clients after they had successfully made three trial plan payments. The original payment was $4300 so this was a substantial difference.

Principal Balance:$592,390.20

Years: 1-5
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Commercial Loan Modification Process

Lenders are often willing to reduce your monthly payment using a number of different methods including reducing your interest rate, lengthening the term of the loan, allowing for interest only payments for a predetermined period, and delaying payment of past due amount to the end of the term of the commercial loan.

Commercial loan modification generally takes 45-90+ days to complete (from date of submission). If a commercial property is not generating enough income to pay the mortgage or the operating expenses, a commercial lender may consider a temporary or permanent interest rate reduction. Reducing the interest rate will in turn lower the payment to allow the commercial property owner to increase the cash flow of the building. An interest rate reduction is ideal for property owners who have high vacancy rates. Lowering the interest rate should allow the borrower to service the debt while the vacant units are filled.

Another common form of commercial loan modification is to extend the loan term. Extending the term or the maturity date of a loan can help commercial property owners avoid balloon payments and reduce their monthly mortgage nut. Many commercial loans have short terms, sometimes as few as 1 or 2 years. When the loan matures after only 1 or 2 years, the borrower is responsible for making a large balloon payment to pay off the principal balance entirely. Most lenders will consider a loan extension, but sometimes at a cost. They may charge a point, or 1% of the loan amount, or extend the term at a higher rate of interest. Commercial property owners with loans nearing the maturity date may want to contact a commercial loan modification attorney to prevent this type of bullying by the lender.

In addition to lowering the interest rate or extending the term, a commercial mortgage lender may consider a deferment of payments as a form of loan modification. Sometimes called a payment moratorium, lenders may allow a borrower not to make a mortgage payment for 3 to 6 months. During this time, the borrower is able to build up cash reserves and rent out vacant units.
The benefits of commercial loan modification to the property owner is the prevention of foreclosure because loss mitigation works to either relieve the property owner of the mortgage obligation or create a mortgage resolution that is financially sustainable for the property owner.

Commercial Loan Modification Challenges

Commercial foreclosures are commercial properties that are scheduled for sale because the owner defaulted on their mortgage loan. When a commercial property owner defaults on their loan, the lender will foreclose on the property and sell it at public auction in order to retrieve the outstanding loan debt.

Secured creditors may take action allowed by their loan documents. For example, a creditor holding a security interest in a car may repossess the car. A commercial creditor holding a security interest in equipment or real estate may be able to recover and sell the equipment and foreclose on the property.  Secured creditors have rights that unsecured creditors simply don’t possess.

Unsecured creditors also have rights. Under certain circumstances, when sellers of goods believe their customers are insolvent or in default on their payment obligations, they can stop their delivery trucks that are in transport to their customers’ facilities.

Foreclosure procedures vary from state to state. State statutes establish the procedures, by case law, and by local practice. In about half of the states, foreclosures are court proceedings.  First the creditor files a suit in a court located near the property. Creditors foreclose by simply advertising the home for sale, using a legal notice in a newspaper. If homeowners want to contest this type of foreclosure, they must file a lawsuit and ask the court to stop the sale. Sometimes if the homeowner wants the court to stop the foreclosure, the homeowner must file a bond to protect the creditor.  Unless the homeowner initiates a court proceeding, there is no judicial involvement in such a foreclosure. Some states allow both types of foreclosure, judicial and non-judicial.  Practicality and local custom usually dictate a creditor’s choice of one type over the other.

Aurora / GMAC approval for Linda M. of Glendora, CA

This client was 3 months behind when we received the file. After 2 months of negotiations we secured the following modification.

Aurora 1st mortgage:

Old payment PITI: $2856.59
New payment PITI: $1427.48

Savings: $1429.11

GMAC: 2nd mortgage:

Old payment at 11.625%: $406.88
New payment at 5%: $258.89

Savings: $149.99

Total combined monthly savings: $1577.10

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