The client bought a home with his mother, both of them were on the deed to the property and the loan. The clients fell on hard times and were unable to make the mortgage payments. The house eventually went into foreclosure and the clients hired Loan Lawyers to represent them to save the home. Loan Lawyers got to work on a loan modification with the servicer. However, the mother previously filed bankruptcy, and her obligation to pay on the loan was discharged. She also executed a quitclaim deed to her son, so he was the only legal owner of the home at that point. However, the mother was still officially a borrower under the loan documents even though she filed for bankruptcy.
Eventually, the loan modification was approved but the servicer wanted both borrowers to execute the loan modification. The mother refused to sign since she already did a bankruptcy and gave up her interest in the house. This created a tremendous obstacle to the loan modification. The servicer is not required to modify the loan in the first place and they were demanding that the mother sign the agreement as well since was still technically a borrower.
This situation required persistence and perseverance. After escalating this issue to the upper management at the servicer, and many phone calls and threats of litigation, the servicer finally relented. The loan was modified with only the son’s signature and the foreclosure case was dismissed. Another house saved through some good old fashioned hard work.