California Foreclosure Refund Program, Part of the Attorney General Settlement

By JoAnn Parrott, Housing Counselor at Project Sentinel, one of the members of ForeclosureHelpSCC.

Today’s Post is about the Foreclosure Refund Program, part of the national Attorneys General Mortgage Settlement.

 What is the Foreclosure Refund Settlement program?    
The foreclosure refund program is one of three parts of the national attorneys general settlement with the five largest banks.  As part of this $25 billion settlement, approximately $1.5 billion has been earmarked for the foreclosure refunds.   The five banks (Chase, Ally/GMAC, Bank of America/Countrywide, Citibank, and Wells Fargo/Wachovia) agreed to compensate homeowners who lost their homes to foreclosure inappropriately between January 1, 2008 and December 31, 2011.

The remaining money is being used to provide up to $3 billion (nationally) in refinancing for homeowners who are underwater.  In addition, up to $17 billion is being used for modifications (including principal reductions), short sales, and monetary assistance for homeowners who are transitioning out of their homes.

Is my lender part of the Settlement program?  The participating lenders are Ally/GMAC (800-766-4622), Bank of America/Countrywide (877-488-7814), Citibank (866-272-4749), JPMorgan Chase (866-372-6901) and Wells Fargo/Wachovia (800-288-3212).

Am I eligible to apply?  YES – Regardless of the circumstances you are currently experiencing or have experienced in the past, if your lender is participating in the program, you can apply.

How do I apply?  For the foreclosure refund program, you may receive a claim form as well as general information regarding the program from the National Settlement Administrator.  Kamala D Harris, California’s Attorney General, explained in a press release that letters are being mailed directly to 432,584 California homeowners between September 24 and October 12, 2012 about the foreclosure refund.  If you believe that you are eligible for the foreclosure refund but did not receive a form, you can call the National Mortgage Settlement Administrator at 1-866-430-8358, Monday through Friday 7:00 a.m. – 7:00 p.m. Central Time.

Once you receive the letter in the mail, you will need to complete the form and mail it back, or you can also fill it out online (but you’ll need the claim number from the letter you received, so don’t throw it away).  More instructions are on the National Mortgage Settlement website. 

For the other two parts of the settlement (refinancing and loan modifications), you can contact your lender directly to ask about your eligibility and the bank’s timeline for implementing these options.

How long do I have to apply?  The deadline for submitting a claim for the foreclosure refund is January 18, 2013.

What if I don’t get a letter?  If you don’t receive a letter by October 31, 2012 or if you have a different address now, contact the National Settlement Administrator at 866-430-8358 (M- F from 5am-5pm PST) or send an e-mail with your current mailing address to

Do I need to hire somebody to help me apply?  NO – The claim form is easy to complete.  If you have questions, call 1-866-430-8358 (M-F from 5am-5pm PST) for help or send questions via email to:

What if I’m contacted by an agency that wants to help me?  Be aware of possible settlement-related scams.  Do not provide personal or financial information or pay money to anyone who claims to provide settlement-related assistance.  If you believe someone is conducting a scam, contact the Attorney General’s Public Inquiry Unit at

What do I have to prove with my claim?   Once you are qualified, you do not need to prove financial harm to receive a payment nor do you give up your right to pursue legal action against the lender.

If you want, you can also apply for the Independent Foreclosure Review Process.  It is a settlement with other regulators and 14 banks and servicers based on robo-signing issues that occurred between January 1, 2009 and December 31, 2010.  The Independent Foreclosure Review deadline is soon: December 31, 2012.  More information on this program is available at our blog post about the Independent Foreclosure Review  (scroll down to the bottom of the post) or on the Independent Foreclosure Review website.

How much money will I get?  The amount of your refund depends on the total number of homeowners who decide to participate.  The estimated number of participants nationally is approximately 2 million people.

When will I get my money if I am eligible?  Payment checks are expected to be mailed to eligible participants in mid-2013.

What if I still own my property but need help paying the mortgage?  Contact your lender or a HUD-approved counseling agency to discuss your options.   To locate a HUD agency, call 800-569-4287.

If you are a homeowner living in San Jose or Sunnyvale and are struggling with your mortgage, please contact ForeclosureHelpSCC, a program funded by the City of San Joseand the City of Sunnyvale at (408)-293-6000 or visit our website:  Our HUD-approved counselors can help you evaluate your options, learn more about federal and state programs that may help you with your mortgage issues, and will help you create a plan forward.

Please note: All content included in the ForeclosureHelpSCC blog is provided for information only and should NOT be considered legal or tax advice. If you have any questions, please feel free to contact us on our hotline: (408)-293-6000, or visit our website: or send us an email:


Refinance vs. Modification: What are the differences?

By Yvonne Castillo, Housing Counselor at SurePath Financial Solutions, one of the members of ForeclosureHelpSCC

With the housing crisis all around us in San Jose, Sunnyvale, and other cities in Santa Clara County, we hear some buzz words over and over, words such as foreclosure, modification, refinance and short sale. As a HUD-approved housing counseling agency, we often hear questions about the differences between modification and refinance, and which one is the best one to choose. The information below explains some of the main differences between these two options.

What is a refinance?  A refinance is a new loan that you take out to pay off your old loan. A traditional refinance will require you to have equity on the property (up to 20%) to request a new loan.

Reasons why people refinance:  There are many reasons you may want to refinance your existing mortgage. For example, you may do it to lower your payments or interest rate. Or, to consolidate your 1st and 2nd mortgages, to extend or shorten the length of your mortgage, to change lenders, or to add or remove someone from your existing mortgage.

What happens when you refinance?  It is similar to the process of when you received your original mortgage. Because this is a new loan, you will receive a new loan number and your new loan may have different terms than your old loan.

Before you contact a lender to consider refinancing you should order your credit reports from Experian, Equifax and TransUnion (consider using Annual Credit Report to get an idea of the information included in your credit report). Generally speaking, the higher the credit rating you have, the better an interest rate you can qualify for, and the more money you will save. You will also need to show sufficient income to afford the new payments as well as your household expenses.

Unemployment and temporary disability benefits are considered temporary forms of income. Therefore, they are not acceptable forms of income when refinancing. You should also be current on your mortgage, car and credit card payments for approximately the past twelve months when considering refinancing as an option to remain in your home.

What costs are involved in a refinance? When refinancing there can be origination, processing and closing costs. Some lenders may waive some of these fees by including them into the loan balance. Check with your lender about any up-front or financed cost involved.

What if I do not have equity in my property? If your property is worth less than what you owe and your loan is owned by Fannie Mae or Freddie Mac, you may want to learn more about the Home Affordable Refinance Program, also known as HARP. This is one of the federal programs to assist homeowners to refinance their loans even if they don’t meet the equity criteria. You can learn more about the program on the Making Home Affordable website.

What is a loan modification? It is a temporary or permanent change of the terms of the current mortgage agreement that is usually requested to make the mortgage payments more affordable.

What is the main reason why people request a loan modification? The main reason to consider a loan modification is to have more affordable mortgage payments and remain in your home, especially if you do not qualify to refinance your mortgage. You have to be experiencing a financial hardship which has made it difficult to make your current mortgage payments or missed one or more of your mortgage payments. It’s important to note that banks and servicers do not consider it a financial hardship if your only reason to modify your loan is because you owe more on your mortgage balance than the home is currently worth (also known as being “upside down”).

What terms can be changed in a modification? When receiving a loan modification you will keep your current loan number but some of the terms on your mortgage will be modified. This could include lowering your interest rate, or modifying an adjustable rate mortgage (where the interest rate varies) to a fixed rate mortgage where your mortgage payments and rate will remain fixed for the life of the loan. In some modifications, the interest rate is lowered for a few years (for example, a modification under HAMP can go as low as two percent), and then gradually increases over the course of a few years.

Will my payments be lower with a loan modification? For many households the loan modification has allowed them to reduce their mortgage payments and bring their loan current. However, it is important to note that if your current loan is an interest only loan, then changing it to a fully amortizing loan (where you are paying interest and principal) could result in an increase of your mortgage payment. However, banks and servicers can address this issue by lowering the interest rate, or lengthening the life of the loan (for example from 30 to 40 years).

In some limited cases, a loan modification may reduce or defer the balance owed. The homeowner may have a wish list of how they want their bank or servicer to modify their loan, but ultimately it is up to the bank or servicer (and sometimes the investor(s) who own the mortgage) whether or not they will modify the loan, and if so, how the terms will be adjusted.

Are there costs involved with a loan modification? Generally, there is no origination, processing and closing costs included when doing a loan modification. However some lenders will charge a small loan modification fee that is added to the balance of your loan and disclosed in the loan modification documents.

What information will be reviewed in a loan modification? Your bank or servicer will require a complete financial disclosure to evaluate the possibility of granting a loan modification. Information regarding your household income and expenses, amount of debt, proof of income, reason of the financial hardship, debt to income ratio etc, will be required to evaluate your modification request. If you have stopped making your mortgage payments, your bank or servicer will review if the non-payment is a result of the financial hardship. The bank will also want to see that there is a sustainable action plan going forward that will allow you to have sufficient income to continue paying your modified mortgage.

If you are a homeowner living in San Jose or Sunnyvale and want to know if either of these options will be applicable to your case please contact ForeclosureHelpSCC, a program funded by the City of San Jose and the City of Sunnyvale at (408)-293-6000 or visit our website HUD approved counselors are available to provide free counseling sessions that will help you review your finances and evaluate the options for you.

Please note: All content included in the ForeclosureHelpSCC blog is provided for information only and should NOT be considered legal or tax advice. If you have any questions, please feel free to contact us on our hotline: (408)-293-6000, or visit our website: