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Family finances: With gimmicky mortgages, it's often pay a lot more later
Friday, December 09, 2005

One reader wants to know what to do if his mortgage payments skyrocket next year. That's because he has an adjustable rate mortgage with negative amortization -- the monthly payments aren't enough to cover the monthly interest owed, the result being that the additional interest gets tacked on to the principal due.

Under such a scenario, even if mortgage rates don't change, his monthly payments likely will rise. Many adjustable-rate loans with such a negative-amortization option -- meant to help borrowers qualify for the loans -- eventually adjust the payments to recapture the lost interest.

"This is the only way I could afford to buy a house," our reader lamented. "I can't refinance," that is, replace the loan with a more traditional type, "during the first three years of the loan unless I pay a stiff fee."

A lot of people are in the same boat. They've signed onto an interest-only payment mortgage or a mortgage with negative amortization because it was the only way they could qualify for a home loan.

To be sure, initially, monthly payments with these mortgages are significantly lower than monthly rent. But unless the home price appreciates greatly and the buyer is thinking about selling fast, such loans rarely make a lot of sense.

Of course, budgeting and debt counseling may help. But be sure also to evaluate your legal options.

Brian Mildenberg, a Philadelphia-based predatory lending and consumer protection attorney, suggests that you definitely see an attorney before you sell your home, declare bankruptcy or see a credit counselor. This way, if you do have a case, you needn't worry about running afoul of state statutes of limitations.

Settlements in these cases, he says, often involve a loan modification that allows the borrower to keep the home. Beware that certain loan modifications, though, could wind up on your credit report.

Most likely, Mr. Mildenberg says, you won't have to pay upfront for an attorney to look at your case because many may take it on contingency. The Truth in Lending Act provides very specific federal laws governing disclosure during the mortgage process. Often, it provides for the payment of attorney fees and costs by the lender.

"You have to look at the symptoms of overextended lending," Mr. Mildenberg says. If a lender failed to give you one piece of paper he or she is required to give you, there could be a violation. It would allow an attorney to look at the matter.

"Each borrower is required to get two copies of a notice of the right to cancel for every refinanced loan," he notes. There might be a technical violation, for example, if a husband and wife took out the mortgage, and the lender only sent two or three copies.

Other potentially actionable cases: If risks weren't adequately explained. Examples: You were told the rate would never go up, or you were told it was very unlikely rates would rise.

Another problem area might be if a mortgage broker's fees or affiliated business arrangements were not properly disclosed. Track down a legal specialist in your state by visiting the Web site of the National Association of Consumer Advocates at www.naca.net or contacting that agency at 1-202-452-1989. Other sources: state bar associations, a search of the Internet and referrals by other professionals.

Even if you don't have a case, you might be able to get financial assistance with your payments by contacting local, state or federal housing agencies. The Pennsylvania Housing Finance Agency (www.phfa.org), for example, has a Homeowners' Emergency Mortgage Assistance Program specifically for such situations.

It also could pay to find out who the holder of your loan is. Fannie Mae and Freddie Mac, for example, require lenders to work with borrowers who have had temporary hardships and can't pay. Other large lenders may be willing to do the same rather than foreclose on your property.

You might be able to arrange to make a partial payment, or suspend payments for a period. Ultimately, however, those payments and accrued interest likely will be due.

In cases in which there is no equity in the home, the lender might be more willing to consider a loan modification to avert a foreclosure.

Your other option might be to sell the property, and offer the lender proceeds from the sale.

First published on December 9, 2005 at 12:00 am
Spouses and syndicated columnists Alan Lavine and Gail Liberman are authors of numerous books, their latest being, "Rags to Retirement,'' published by Alpha. Contact them at mwliblav@aol.com