If approved for a Flex Modification, you will be placed on a three month Trial Payment Plan (TPP)
If you get approved for a Flex Modification, the servicer will instruct you to make a trial payment for three consecutive months before they finalize the loan modification agreement.
Your lender uses these trials to test the household income to ensure that the proposed, modified mortgage payment is affordable for you.
The TPP is the first step in the approval process and not the finalized agreement.
The TPP agreement will tell you the due dates of your payments and the amount.
To be successful with your TPP:
- Make the payments exactly when they are due – not earlier or later
- Read the TPP agreement carefully to ensure that you know HOW the lender wants you to send in your TPP payment (don’t assume your online portal will work for TPP payments. Most lenders want you to mail in TPP payments)
- Call the bank after you send in your TPP payment to confirm that the payment was received and applied to the trial
After you make it through your TPP, you will be issued your final Flex Modification documents
After your TPP is complete, your bank will have 30-days to draft and mail you your final modification documents. These documents (unlike your TPP) will contain all the terms of your modification including the monthly payment, the new principal balance, your new interest rate, any principal reduction you received and the new maturity date.
You will be asked to sign and notarize these documents and mail them back to your bank.
The bank will then review your signatures and the notary’s work to ensure there are no mistakes. They will send them through a “quality assurance process” and then they will sign the documents and record the modification.
At this point, you are considered current on your mortgage and will start receiving regular mortgage statements.
If you get denied from a Flex Modification, you will be given a 30-day period to appeal your denial
If you’ve made it through the Flex Modification review process and you get denied, this would be a good time to call with an attorney who can help you understand what’s going on.
Common reasons why people end up denied from a Flex Modification are:
- You have had too many modifications over the life of your loan
- You haven’t been able to demonstrate that you have enough stable income to make a modified payment (it is common for banks to make mistakes when calculating your income that often cause erroneous denials so if you feel like you’ve been wrongly denied for this reason, call an attorney for help)
- You failed to complete your document package so the bank closed your review without looking at your financials
Some denial reasons are legitimate and others are not.
If you’re considering an appeal, follow these best practices:
- Draft an appeal letter where you state all the reasons you believe you qualify for a Flex Modification and should not have been denied
- Your appeal letter should be one page or less, easy to read and easy to navigate
- Attach any supporting documentation related to what you’re claiming
- Make sure you follow the instructions about where and how to file your appeal (these instructions are listed within the denial letter your bank gives you)
Deferral Option vs. Flex Modification
If you’re a homeowner who had a COVID-19 Forbearance, you will need to understand the difference between a “Fannie Mae/FreddieMac Deferral Option” and the “Flex Modification” program before you contact your lender because you will be offered both of these options..
The deferral option takes the amount of payments you missed during your forbearance and “defers” or “moves” the due dates of this amount to the same maturity date of your existing mortgage.
You don’t pay interest on the deferred amount.
At the maturity date of your mortgage, the lump sum becomes due. Once the missed payments have been deferred, your monthly payment reverts back to exactly what it was before COVID and your original mortgage remains intact.
A Flex Modification is a loan modification. A loan modification is a new agreement with new terms. Your bank writes you a new loan and the new loan’s terms replace the terms of your original mortgage.
Why choose a Flex Modification over the Deferral Option?
Flex Modifications are good options for people who weren’t totally comfortable with their original payment pre-COVID. Flex Modifications are also good options if your household income has not fully recovered from COVID yet.
If your original mortgage payment was already stretching the household income in an unaffordable way, a Flex Modification may help you get slightly better terms. It will likely lower your interest rate and your monthly payment.
With that said, a Flex Modification will also likely extend the maturity date of your mortgage – meaning, it will take you longer to pay off your house. If this bothers you, you may be better off taking the payment deferral.
It is also important to understand that the “lower” payment is usually not more than a $200 – $400 reduction so if this difference isn’t meaningful to your household, you may choose to take the deferral option.
An attorney can be helpful if you’re applying for a Flex Modification
Some lenders have an easy system for helping homeowners apply for a Flex Modification. Unfortunately, most do not. The process can be confusing, time-consuming and filled with uncertainty.
Below are the ways an attorney can be helpful if you’re considering a Flex Modification:
- Help you know whether you qualify for the streamlined COVID option or whether you will have to submit a document package
- Help you prepare your application for you and give you advice on how to best present your income and expenses to set you up for the best shot at approval
- An attorney will know how to present any unusual or special information (related to your particular finances) in the right way to get your file deemed complete and reviewed in the fastest time possible
- An attorney will have the time and ability to do the consistent follow-up needed to push the review forward and avoid problems
- An attorney (who does this type of work regularly) should have access to supervisors and escalation teams at your servicer to help move your file forward and avoid roadblocks
- An attorney will track your foreclosure activity to keep you updated and advised of all your options should the Flex Modification not be available to you
Overall, the Flex Modification process can be complicated. There are several parties involved and several moving parts. If you are a homeowner in Washington State and need help with a loan modification, feel free to call me at (425) 654-1674.