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January 19, 2009

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NB

Most lenders are not offering homeowners affordable plans, and that more than 50% of all loan modifications default again.

Furthermore, a loan modification company cannot guarantee the distressed borrower that their submitted documents for the modification will not be used against them by law enforcement in the future. Prosecutors will be going after borrowers for participating in fraud by overstating their true income. What this does is make any submission to the lender vulnerable unless you have the attorney-client privilege over your submission. (The same is true if a borrower submits financial statements to obtain a Deed In Lieu of Foreclosure or Short Sale.) Therefore, a loan modification should be a last resort- a legal maneuver not something done by Joe the Modifier.

Danilo Bogdanovic

NB,

You bring up great points - the 50% default rate of modified loans and the legal issues involved with loan mods.

Personally, I believe that if you lied to get your loan and can't modify your loan because you're afraid of getting caught lying before, you deserve to be foreclosed on (and to go to jail).

Kay Richards

Buyers lying about income caused homes to price out of site for the rest of us. But if crooked small potato homebuyers cannot be helped neither should rich fraudster banks be bailed at future taxpayer expense.

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