My New Blog

John M. Klawikofsky
Williams, Ristoff & Proper
4532 US Highway 19
New Port Richey, FL 34652
Telephone: (727) 842-9758
Fax: (727) 848-2494

jklaw@tampabay.rr.com

EDUCATION:
Queens College
Brooklyn Law School

MEMBERSHIPS:
New York Bar Association
US Supreme Court
US Court of Appeals for the 11th Circuit
US Middle District Tampa

AREAS OF PRACTICE:
Personal Injury
Appellate
Estates

EMPHASIS  IN:
Personal Injury
Appellate
Estates

PUBLIC OFFICES:
Assistant Attorney General 1994-2008

Now, mortgage modifications can include second mortgages -- not just first mortgages -- and cash incentives are sweetening short sale deals, thanks to new efforts by the Obama Administration.

The new efforts give some homeowners a second shot at a home-saving loan modification, especially if they were originally turned down -- or turned off -- because the second mortgage (piggy back, home equity loan or line of credit, etc.) impeded the process.

Other homeowners may now be able to take the short sale escape route from unaffordable mortgages that could otherwise wind up in foreclosure.

Second mortgage modifications

Loan modifications are designed to make the home loan more affordable, typically by reducing the interest rate, extending the term of the loan and, less often, by reducing the principal. They are not refinanced mortgages, which pay off the old mortgage with a new mortgage.

Under Making Home Affordable's new second-lien program, borrowers whose first mortgages are modified will automatically have payments reduced on their second mortgages as well, provided the first and second-mortgage lender participates in the program.

Twelve mortgage servicers currently do. Among them are large banks including, Bank of America, Wells Fargo, Countrywide, Citibank, Chase and others.

Eligible homeowners looking to modify their first mortgage must be an owner-occupant of the home; have an unpaid principal balance that is no more than $729,750; have a loan that was originated on or before January 1, 2009; have a mortgage payment (including taxes, insurance, and home owners association dues) that is more than 31 percent of their gross monthly income; and have a mortgage payment that is not affordable, perhaps because of a significant change in income or expenses.

Under the new second mortgage program, in addition to lowering the payment, lenders can also opt to erase a borrower's second mortgage in exchange for a lump-sum payment from the government.

New short sale incentives

Short sale incentives were among recent refinements to the Obama administration's housing rescue programs.

In a short sale , the lender closes the mortgage in return for whatever sale price the homeowner can net. However, the difference is sometimes considered income for which the selling homeowner may be taxed. It's important to include a tax professional's advice in the deal.

Under the new short sale incentive, lenders can receive a $1,000 payment from the U.S. Treasury for allowing the owner to sell the house for less than the amount owed on the mortgage and for accepting the proceeds as full repayment, rather than treat it as a short sale.

Lenders can also receive $1,000 for accepting a deed-in-lieu transaction, in which the deed is simply transferred to the lender instead of going through a costly foreclosure.

Homeowners who agree to short sales or deed-in-lieu deals can receive up to $1,500 in closing costs. To help stop second mortgages from blocking the deal, the Treasury will pay second lien holders up to $1,000 to relinquish their claims in such transactions.

To learn more about these options visit MakingHomeAffordable.gov Today's Local Market Conditions Report

PLEASE REMEMBER: ALTHOUGH IT IS A SHORT SALE, THE OWNER OF THE PROPERTY IS STILL ON TITLE AND HAS THE RIGHT TO CHOOSE WHICH OFFER THEY WANT TO ACCEPT, AND ENTER INTO CONTRACT