Be Prepared to Do Lots of Research
Ultimately, if you decide to proceed on your own in court, prepare to devote a significant amount of time to the case since you’ll have to do quite a bit of research in order to have any chance of success.
The rules and procedures that you must follow vary in each state and sometimes in each court. Your research must cover not only foreclosure statutes and relevant court decisions, but also rules of civil procedure (the detailed rules on what should be in your complaint, how to file it, when and how to file motions), rules of evidence, and more.
State and court rules also set forth deadlines that you must meet, which means you may have to complete your research (on possible defenses, for example) and learn how to properly lay them out in your answer or other court documents in a fairly short period of time.
Your Loan Mod Was Denied…Now What?
Was Your Ratio Correct?
If you believe you were eligible for a loan modification, but didn’t know your DTI (debt to income ratio) or NPV and the optimal way to structure these ratios for your lender, then you were setting yourself up for failure from the get-go. If you’re unsure about how to structure these figures, then it’s best for you to hand your loan modification over to a negotiator who can handle the process for you. An experienced loan modification representative can help you restructure the way your financial situation is presented to give you your best chance at a great loan modification.
A loan modification is different from a refinance. When you take a loan modification, you change the terms of your loan directly through your lender. Most lenders agree to modifications only if you’re at immediate risk of foreclosure. A loan modification can also help you change the terms of your loan if your home loan is underwater. Contact your lender if you think you qualify for a modification.
On the other hand, a refinance replaces your existing mortgage with a new loan. When you refinance, you can change your loan’s term, your interest rate and even your loan type. You can also take cash out of your equity with a cash-out refinance. To get a refinance, you’ll go through an application process that’s similar to the process you went through to buy your home.