Loan Modification Agreement (Form 3179): PDF

____________________________ [Space Above This Line For Recording Data] ____________________________
LOAN MODIFICATION AGREEMENT
(Providing for Fixed Interest Rate)
This Loan Modification Agreement (“Agreement”), made this ____ day of __________________, ______,
between __________________________________ (“Borrower”) and ___________________________________
(“Lender”), amends and supplements (1) the Mortgage, Deed of Trust, or Security Deed (the “Security Instrument”)
dated ________________________________________ and recorded in Book or Liber _____________, at page(s)
_______________, of the _____________________________ Records of _________________________________
(Name of Records)
___________________________________________ and (2) the Note, bearing the same date as, and secured by, the
(County and State, or other Jurisdiction)
Security Instrument, which covers the real and personal property described in the Security Instrument and defined
therein as the “Property”, located at
_____________________________________________________________________________________________,
(Property Address)
the real property described being set forth as follows:
In consideration of the mutual promises and agreements exchanged, the parties hereto agree as follows
(notwithstanding anything to the contrary contained in the Note or Security Instrument):
1.
As of __________________________, the amount payable under the Note and the Security Instrument (the
“Unpaid Principal Balance”) is U.S. $_________________, consisting of the unpaid amount(s) loaned to
Borrower by Lender plus any interest and other amounts capitalized.
2.
Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of Lender. Interest will
be charged on the Unpaid Principal Balance at the yearly rate of ___________%, from ________________,
_____________________. Borrower promises to make monthly payments of principal and interest of U.S.
$_______________________, beginning on the ____ day of ________________, ______, and continuing
thereafter on the same day of each succeeding month until principal and interest are paid in full. The
yearly rate of ___________________% will remain in effect until principal and interest are paid in full. If
on ________________________ (the “Maturity Date”), Borrower still owes amounts under the Note and
the Security Instrument, as amended by this Agreement, Borrower will pay these amounts in full on the
Maturity Date.
LOAN MODIFICATION AGREEMENT—Single Family—Fannie Mae UNIFORM INSTRUMENT
Form 3179
1/01 (rev. 4/14)
(page 1 of 3)
3.
If all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lender’s prior written
consent, Lender may require immediate payment in full of all sums secured by the Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is delivered or mailed within which
Borrower must pay all sums secured by the Security Instrument. If Borrower fails to pay these sums prior
to the expiration of this period, Lender may invoke any remedies permitted by the Security Instrument
without further notice or demand on Borrower.
4.
5.
Borrower also will comply with all other covenants, agreements, and requirements of the Security
Instrument, including without limitation, Borrower’s covenants and agreements to make all payments of
taxes, insurance premiums, assessments, escrow items, impounds, and all other payments that Borrower is
obligated to make under the Security Instrument; however, the following terms and provisions are forever
canceled, null and void, as of the date specified in paragraph No. 1 above:
(a)
all terms and provisions of the Note and Security Instrument (if any) providing for, implementing,
or relating to, any change or adjustment in the rate of interest payable under the Note; and
(b)
all terms and provisions of any adjustable rate rider, or other instrument or document that is
affixed to, wholly or partially incorporated into, or is part of, the Note or Security Instrument and
that contains any such terms and provisions as those referred to in (a) above.
Borrower understands and agrees that:
(a)
All the rights and remedies, stipulations, and conditions contained in the Security Instrument
relating to default in the making of payments under the Security Instrument shall also apply to
default in the making of the modified payments hereunder.
(b)
All covenants, agreements, stipulations, and conditions in the Note and Security Instrument shall
be and remain in full force and effect, except as herein modified, and none of the Borrower’s
obligations or liabilities under the Note and Security Instrument shall be diminished or released by
any provisions hereof, nor shall this Agreement in any way impair, diminish, or affect any of
Lender’s rights under or remedies on the Note and Security Instrument, whether such rights or
remedies arise thereunder or by operation of law. Also, all rights of recourse to which Lender is
presently entitled against any property or any other persons in any way obligated for, or liable on,
the Note and Security Instrument are expressly reserved by Lender.
(c)
Nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole
or in part of the Note and Security Instrument.
(d)
All costs and expenses incurred by Lender in connection with this Agreement, including recording
fees, title examination, and attorney’s fees, shall be paid by the Borrower and shall be secured by
the Security Instrument, unless stipulated otherwise by Lender.
(e)
Borrower agrees to make and execute such other documents or papers as may be necessary or
required to effectuate the terms and conditions of this Agreement which, if approved and accepted
by Lender, shall bind and inure to the heirs, executors, administrators, and assigns of the
Borrower.
(f)
Borrower authorizes Lender, and Lender’s successors and assigns, to share Borrower information
including, but not limited to (i) name, address, and telephone number, (ii) Social Security Number,
(iii) credit score, (iv) income, (v) payment history, (vi) account balances and activity, including
information about any modification or foreclosure relief programs, with Third Parties that can
assist Lender and Borrower in obtaining a foreclosure prevention alternative, or otherwise provide
LOAN MODIFICATION AGREEMENT—Single Family—Fannie Mae UNIFORM INSTRUMENT
Form 3179
1/01 (rev. 4/14)
(page 2 of 3)
support services related to Borrower’s loan. For purposes of this section, Third Parties include a
counseling agency, state or local Housing Finance Agency or similar entity, any insurer,
guarantor, or servicer that insures, guarantees, or services Borrower’s loan or any other mortgage
loan secured by the Property on which Borrower is obligated, or to any companies that perform
support services to them in connection with Borrower’s loan.
Borrower consents to being contacted by Lender or Third Parties concerning mortgage assistance
relating to Borrower’s loan including the trial period plan to modify Borrower’s loan, at any
telephone number, including mobile telephone number, or email address Borrower has provided to
Lender or Third Parties.
By checking this box, Borrower also consents to being contacted by text messaging
______________________________ (Seal)
.
__________________________________ (Seal)
-Lender
By:
_______________________________
-Borrower
__________________________________ (Seal)
-Borrower
____________________________________
Date of Lender’s Signature
____________________________ [Space Below This Line For Acknowledgments] _________________________
LOAN MODIFICATION AGREEMENT—Single Family—Fannie Mae UNIFORM INSTRUMENT
Form 3179
1/01 (rev. 4/14)
(page 3 of 3)