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Can I get a Mortgage Loan Modification without providing documents?

The simple answer is "no, you are unable to get a mortgage loan modification without providing documentation."

People who refuse to provide documents to the bank fall into one of three categories:(1) unable to provide documents because the documents do not exist - these are people who keep poor records, (2) unable to provide documents because they are stubborn - these are the people who claim "the bank received a bailout, why not me too?!", or (3) unable to provide documents because they are hiding something - these borrowers don't want the lenders to see that they make hundreds of thousands a year in income, or just received a large inheritance or lottery winnings, for example.

Put simply, there is no Federal or Florida Law that requires a mortgage company to modify a home mortgage. There are Federal Laws and regulations that require the banks to process loan modification requests in a certain manner, and there are laws and regulations that proscribe the criteria for qualifying for a loan modification. Again, however, there is no law requiring a modification.

In our experience, some hardships will be easier to prove for a modification, including, but not limited to, death or disability of a co-borrower, divorce, loss of job, or a major medical issue. However, the financial information will, in most cases, be required because the lender must show that it complied with all of the laws and regulations when the lender is audited by the Federal Government - the same government that bailed out the bank (see #2 above).

Loan modifications are not required by law. Borrowers can choose to refuse to give documents to the lender. Accordingly, lenders can choose to decline loan modifications based on a lack of documents submitted by the borrower.

For more information on loan modifications, please subscribe to the Yesner Law Podcast, on iTunes and Stitcher. If you prefer, please contact us to schedule a free initial consultation to discuss your options at 813-774-5737 or email me directly at shawn@yesnerlaw.com.

Shawn M. Yesner, Esq., is the founder of Yesner Law, P.L., a Tampa-based boutique real estate and consumer law firm that helps clients eliminate debt by providing options, so they can live the lifestyle of their dreams. We assist clients with asset protection, the sale and purchase of real property, Chapter 7 liquidation, Chapter 13 reorganization, bankruptcy, foreclosure defense, debt settlement, landlord/tenant issues, short sales, and loan modifications in Tampa, Westchase, Odessa, Oldsmar, Palm Harbor, Clearwater, Pinellas Park, Largo, St. Petersburg, and throughout the greater Tampa Bay area.

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Yesner Law
13135 W. Linebaugh Ave., Suite 102
Tampa, FL 33626

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