Exact Steps to Take to Renegotiate Your ARM Mortgage

How to Keep Your Adjustable Rate Mortgage (ARM) from Going Up (Part II of II)

I spoke with a bank representative on the condition of anonymity, who said to take the following steps when attempting to renegotiate an ARM mortgage:

1. Call the Note Holder: In other words, call the company you pay your mortgage to ever month. Their contact information can be found on your monthly mortgage statement.
 

Ask to speak to the Loss Mitigation Department. This is the department that handles collections basically.

A Banking Irony: You should call before you get behind on your payments. However, know going in that many are not going to want to renegotiate with you unless and/or until you are behind on your mortgage payments.

You may have to keep calling to get someone to work with you, but at least they will have a record of your call long before you run into trouble. The point is to stay persistent if you know that you are not going to be able to afford your mortgage once the rate goes up.

2. What to Expect: Once you speak with the loss mitigation department, explain why you're not going to be able to afford the new payment once the rate adjusts on your mortgage. And, be ready to prove it. How?

They're not going to just take your word that you're not going to be able to pay. They're going to ask you for proof. Eg, pay stubs, monthly obligations, household income, etc.

Once they get all of this information, they will run a DTI (Debt to Income Ratio), much like your loan office did when you first applied for your mortgage. Based on their formula, they will decide if you are a good candidate for renegotiation.

3. Provide Paperwork: If your lender decides to let you renegotiate your ARM, they will ask you to send all paperwork within a certain time frame - usually 7 to 10 calendar (not business) days. Do it! Otherwise, you may blow the deal.

Once they have all of this, they will send you some paperwork to sign with the new loan terms spelled out. Whether it's a refinance, a delayed rate adjustment or a new payment schedule - read over the documentation carefully to ensure it's what was agreed to over the phone.

NOTE: Most times, your deal will be worked out over the phone and the institution will mail you papers with the agreed upon terms spelled out.

Related information
  • Yuwanda Black is a former real estate agent & loan officer who frequently writes on real estate issues.
 
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Lesley: tell your daughter NOT to pay anyone to renegotiate an ARM for her. She can do this herself by negotiating directly with the lender. As kelia said below, it takes a lot of effort. But trust me, these firms that offer to negotiate on her behalf are nothing but scam artists. SHE knows her financial situation and that's what the banks take into account when negotiating (proof of abiity to pay). No negotiator can change this. Tel her to take that 5K and put it towards her mortgages instead of giving it to some firm, which will be a complete waste of money. That's why there's no guarantee. While banks are very willing to negotiate in this economic climate, she may have to lose one property. But tell her to hang on to her primary residence. She can always pick up an investment property again, but don't sacrifice your primary residence. Good luck!

Posted on 08/20/2008 at 8:08:42 AM

This article is right on point, and it addresses the current real estate market. I've been negotiating commercial leases for over 20 years, and more recently, client are asking us to negotiate with the banks for their mortgages. Unfortunately, not all banks have this process streamlined. It takes a lot of effort and negotiating with the banks is an art. www.nakasakalaw.com

Posted on 12/03/2007 at 11:12:00 AM

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