How Do I Get A Loan Modification?

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I live in Charleston WV. Back in 1999 my partner and I bought a house together, he is the primary on the loan and I am listed next. I have lived in the house without break in residence but in 2001 he moved out and a year later moved to NC. I have always been the one responsible for the paying the mortgage and personal property taxes when I can. My question is this – I am 3 months behind on the payment according to the mortgage company and have sent me a pre-foreclosure letter. I do not receive a mortgage notice or bill all monthly bills as far as I know goes to the other owner in NC and he occasionally sends me one or two a couple times a year. I want to know that if I contact the mortgage company and try to do a loan modification plan set up will I be able to since there is two owners, what are my options, the other owner wants nothing to do with the property or me but refuses to pay anything towards the property either and since he left I lost his income for house hold expenses and have suffered an almost 40% pay decrease since than. Can I get my loan modified or am I going to lose my house. He has abandoned the property but since he is the primary the bank sends all noncertified mail to him. I knew I was behind but not 3 months and not in a row. I pay and than something happens and I miss a month and than if I am lucky 6 months later I catch up but not this time. Any help would be appreciated I do plan to contact the mortgage next week and see what they say but doing as much research as I can before than to get more ideas to ask about.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Since you are listed on the mortgage, the lender will probably talk to you (which is a first step), but getting a loan modification without the cooperation of the other borrower will be difficult, if not impossible. With most lenders, loan modification depends in part on the borrower’s financial situation, and without cooperation from the other borrower you won’t be able to provide that information to the lender for them to consider a modification.

You, or your attorney, might get some cooperation out of him if you point out that a foreclosure will affect his credit, too. Good luck.



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Author: House Attorney