123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Business >> View Article

How Hamp Can Help Homeowners Stop Foreclosure

Profile Picture
By Author: Nick Adama
Total Articles: 197
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

In 2009, the Congress and the Obama administration revealed their newest plan to help families save their homes from foreclosure by encouraging mortgage modifications. This plan, called the Home Affordable Modification Program (HAMP) was designed to create broad guidelines for the mortgage industry on modifying loans, as well as provide incentives to lenders and servicers to offer modifications.

Participation in the HAMP plan, as with most of the other federal foreclosure help programs, is voluntary for most servicing companies and lenders. Many of the largest servicers, though, have signed agreements to engage in the program. Companies that received funds from the government under the Financial Stability Plan are also required to participate in the program, along with Fannie Mae and Freddie Mac.

One of the main benefits of the program to homeowners is that it essentially requires participating mortgage servicing companies to review the eligibility of homeowners for a loan modification before being able to conduct a sheriff sale. In fact, servicers participating in the HAMP plan should not even begin the process ...
... of foreclosure until the review has been complete and the borrowers have been determined to be ineligible for a modification.

Loss mitigation efforts are required under the plan, and the guidelines for loss mitigation are similar to those required for FHA loans. In cases of default of an FHA loan, the servicer is supposed to negotiate with borrowers for an alternative to losing the home. The same is true with the new HAMP program, as both plans are designed to help homeowners remain in their properties at affordable rates.

Due to this program, there are a few new defenses to foreclosure that homeowners may raise due to a lender or servicing company's failure to comply with the requirements of the program.

For instance, if a servicing company participates in the Home Affordable Modification Program but does not review a borrower's financial material to determine whether a modification will make sense for the investor and the homeowners, the foreclosure should not be allowed to move ahead. The failure to comply with the guidelines of HAMP before foreclosing may mean that the homeowners are not even in default of the mortgage contract.

Also, the Congress, in the regulation itself, has declared the HAMP guidelines to be "standard industry practice for purposes of all Federal and State laws." This means that a lender's failure to comply with standard industry practice should create a defense to foreclosure that homeowners can raise in court. Unless prohibited by the pooling and servicing agreement itself, lenders are now required to follow HAMP guidelines.

Thus, because of the new regulation that the Obama administration has put into effect for the residential mortgage servicing industry, homeowners may have additional opportunities to qualify for a loan modification or defend their property from foreclosure. Although many of the government foreclosure assistance programs have failed to deliver so far, it is possible that borrowers can use these laws in self-defense, if not actually to qualify for workout solutions to save their homes.
Nick publishes articles on the ForeclosureFish website to provide foreclosure help and information to homeowners in need of assistance. The site examines various methods to save a home, including deed in lieu, filing bankruptcy, short sales, defending foreclosure in court, and more. Visit the site for an e-book explaining the basics of foreclosure and how to stop the process: http://www.foreclosurefish.com/

Total Views: 217Word Count: 557See All articles From Author

Add Comment

Business Articles

1. Lucintel Forecasts The Global Polyvinylidene Difluoride (pvdf) Market To Reach $2 Bllion By 2030
Author: Lucintel LLC

2. Electronics Thermal Management Solutions Market Size & Share, Analysis 2031
Author: Andy

3. Choosing The Right Custom Injection Mould Manufacturer For Your Needs
Author: MOULDING-INJECTION

4. Discover The Timeless Beauty Of Handmade Ceramic Products
Author: Matthew Edwards

5. The Power Of Advanced C Frame Mechanical Power Presses
Author: Mankoo Presses

6. Lucintel Forecasts The Global Short Fiber Thermoplastic Market To Reach $24 Billion By 2030
Author: Lucintel LLC

7. Lucintel Forecasts The Polyurethane Resin In The Global Composites Market To Reach $188 Million By 2030
Author: Lucintel LLC

8. Custom Sticker Printing In Dubai: The Answer To Individual Branding
Author: Digital glob

9. Lucintel Forecasts The Global Greaseproof Paper Sheet Market To Reach $3 Billion By 2030
Author: Lucintel LLC

10. Speech Development Experts For Kids In Hyderabad
Author: pavitra

11. Lucintel Forecasts The Global Polypropylene (pp) Compound Market To Reach $15 Billion By 2030
Author: Lucintel LLC

12. Forecasting The Expansion Of The Ginger Powder Market
Author: mmr

13. Why Work With A Leadership Consulting Firm: A Complete Guide
Author: cluboneair

14. Unlocking The Billionaires Mindset: 10 Transformative Habits To Achieve Limitless Success
Author: Ourbusinessladder

15. Embrace Solar Energy With Elite Electrical Kent: Your Trusted Partner In Bromley And Beyond
Author: nicola

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: