Few things are as frightening as the possibility of losing your home. Our homes are often an extension of ourselves and hold just as much of a personal investment as a financial one. If you are at risk of losing your house, you are likely willing to do whatever it takes to avoid foreclosure. In Florida, loan modification is one option that may be beneficial for you and your lender. However, if you previously applied for a loan modification and was unsuccessful, you may be thinking you are out of luck. In reality, there is no limit to how many times you may apply for a loan modification in Florida. However, many lenders have a limit on how many loan modifications they may approve for a single loan.
At The Law Offices of Daryl L. Jones, P.A., our South Florida real estate law firm has experience helping clients avoid losing their homes. Even if you applied for a loan modification and were denied, Attorney Daryl L. Jones may be able to help you build a strong loan modification application, and negotiate an approval from your lender.
If you have fallen behind on your mortgage payments and are at risk of foreclosure, a loan modification can be a lifeline A loan modification adjusts the terms of your mortgage to make your payments more affordable This allows you to avoid foreclosure and stay in your home.
But what if you already had a loan modification in the past and are in need of help again? How many loan modifications are you allowed to receive?
The short answer is there is no set legal limit on the number of loan modifications you can obtain The number of loan mods allowed depends on your individual lender and investor guidelines
While there is no hard cap, lenders generally prefer first-time loan modification requests. Successive loan mods become harder to obtain.
Let’s take a closer look at how many times you can modify your mortgage and what factors determine your eligibility.
Government-Backed Loans Have Loose Limits
If you have a government-backed mortgage, loan modification limits are fairly flexible:
- FHA loans – Allows 2-3 loan mods, one every 24 months
- VA loans – Permits 2-3 loan mods total
- Fannie Mae/Freddie Mac – May approve 3-5 loan mods
Fannie Mae and Freddie Mac sometimes restrict modifications through their Flex Modification program:
- If you get a Flex Mod but default within 12 months, you may be denied another Flex Mod for 12 months
- Defaulting during a Flex Mod trial period can also lead to denial
The government seeks to help as many borrowers as possible avoid foreclosure. So modification limits are more of a loose guideline than a hard rule.
Private Lenders Set Their Own Rules
For private lenders, loan modification limits are left to their discretion. Most private lenders take a more restrictive stance:
- Many only allow 1-2 mods total
- Some refuse any repeated modifications
- Each case is reviewed independently
Since private lenders are not bound by government guidelines, it is much harder to obtain multiple loan mods. You may need to negotiate with lenders or get legal assistance.
Check With Your Lender and Investor
To understand the loan mod limits for your specific mortgage, check with both your:
- Servicer – The company you make payments to
- Investor – The owner of your mortgage debt
The servicer works on behalf of the investor, so investor guidelines dictate what mods they can approve.
Ask your servicer who the investor is and what their loan mod policies are. Then you will know what to expect.
Strategies For Multiple Modification Requests
While repeat modifications are possible, it does get more difficult. Here are some tips to improve your chances:
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Show change in circumstances – Lenders want to see your situation has genuinely changed since your last mod. Provide evidence of new hardship events.
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Highlight positive payment history – If you successfully made payments on your past modification for a period, point this out. It shows you are able to sustain a modified mortgage.
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Get legal guidance – Consult with a lawyer experienced in loan modifications. They can review your case and appeal to the lender/investor on your behalf.
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Apply anyway to delay foreclosure – Even if denied a mod, applying can sometimes pause the foreclosure process. This may buy you some extra time.
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Ask lender to re-evaluate – If denied, you can request an appeal or re-evaluation. Persistence and follow up can sometimes lead to reconsideration.
With preparation and persistence, multiple loan modifications are possible in many cases.
Special COVID-19 Flexibility
During the COVID-19 pandemic, extra flexibility was provided for homeowners who entered mortgage forbearance:
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If you entered COVID forbearance but were current on your mortgage before March 1, 2020, you may qualify for a COVID-19 related loan modification from your lender, even if you already had the maximum modifications in the past.
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This applies only for mortgages backed by Fannie Mae, Freddie Mac, FHA, USDA, or VA.
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COVID-related financial hardship counts as a changed circumstance warranting another mod.
This special exception was created because so many homeowners were financially impacted by the pandemic through no fault of their own. Take advantage of this if you qualify.
Mod Requests As A Foreclosure Delay Tactic
While repeat mods get harder to obtain, applying can sometimes help delay foreclosure. Here’s how:
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When you apply for a modification, lenders/servicers are required to complete a full review before denying your request. This takes them time.
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Many will not start or continue foreclosure proceedings during the review period. Applying forces them to pause foreclosure, buying you extra time.
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Even if denied a mod, the review period alone delayed the foreclosure. Then you can apply again, triggering another review period and delay.
This strategy works best if foreclosure proceedings have not progressed too far. Use it carefully and seek legal advice beforehand.
Alternatives To Loan Modification
If you have exhausted your opportunities for loan modification, all is not lost. Some other options to avoid foreclosure include:
Forbearance – Your mortgage payments are temporarily suspended or reduced for a set time.
Repayment plan – You repay the arrearage on your mortgage over time in addition to your regular monthly payments.
Partial claim – Your lender provides an interest-free loan to bring your mortgage current.
Loan refinancing – If you can qualify to refinance your mortgage on better terms, this may help you avoid default.
Deed-in-lieu of foreclosure – You voluntarily deed the property to the lender to avoid foreclosure.
Short sale – With lender approval, you sell the home yourself and the lender forgives the remainder of mortgage debt.
Talk to your lender/servicer to see if any of these options are available and would meet your needs.
Key Takeaways
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There is no legal limit on the number of loan mods you can request. Guidelines vary between lenders.
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Government-backed loans allow 2-5 modifications generally, though more are possible.
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Private lenders and investors have individual policies on loan mod limits.
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Show changed circumstances and positive payment history to improve chances for repeat mods.
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Applying for loan mods continuously can delay foreclosure even if you are denied.
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If loan mods are exhausted, alternatives like forbearance, repayment plans, and loan refinancing may help.
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Special COVID-19 provisions may offer extra flexibility if you entered pandemic forbearance.
If you are struggling to pay your mortgage don’t wait to seek help. Contact your lender right away to pursue loan modification or other relief options. The sooner you take action, the more likely you will be able to avoid foreclosure altogether and remain in your home.
Is There a Limit for How Many Times You May Apply for a Loan Modification?
The potential of losing one’s home to foreclosure can leave a homeowner feeling helpless. A borrower may negotiate a loan modification as a great option to obtain affordable mortgage payments. However, it is not easy to navigate the approval process for a loan modification. Whether your lender denied your previous loan modification applications or you received a loan modification and are facing foreclosure again, you may be concerned about applying again. While the process of applying for a loan modification can be daunting, homeowners may apply an unlimited number of times. Our law firm usually obtains approval for a client’s loan modification on the first or second submission.
If you have previously been granted a modification to your mortgage loan but are in need of another, your lender can use their underwriting process to determine if you are eligible for another modification. Lenders frequently limit borrowers to three loan modification approvals. With most lenders the qualifications for an additional loan modification are very similar to the requirements that were in place the first time you applied:
- Sufficient Income
- Manageable Expenses
- Bank statements demonstrating you have enough available income to make payments
- Taxes filed with the IRS
In addition to providing the above information, it is also recommended that you write your lender a hardship letter explaining the circumstances that caused you to need another modification to your mortgage loan. Regardless of why you are applying for a loan modification an additional time, a Florida real estate lawyer may be able to help you get approved.
How Can a Lawyer Help With Your Florida Loan Modification Application?
The process of applying for a loan modification can be daunting. Since real estate law can easily become convoluted, it can leave homeowners feeling overwhelmed as they try to navigate the many steps of applying for a loan modification in Florida. This is why it is crucial that you work with an experienced real estate lawyer. When you work with a real estate lawyer that has knowledge of Florida’s loan modification process, they may be able to help you if:
- You are unsure whether a loan modification can prevent the foreclosure of your home
- You do not understand how to fill out the loss mitigation application
- Your loan servicer violates federal or state laws during the modification process
- Your loan servicer has failed to comply with Florida foreclosure laws
- Your request for a loan modification has been denied by your servicer
If you are at risk of losing your home and believe a loan modification may be the best option for you, contact a Florida real estate lawyer who may help you get your loan modification application approved.
How many loan modifications can you have?
FAQ
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