Loan Modification Agreement (Form 3162): PDF

____________________________ [Space Above This Line For Recording Data] ____________________________
LOAN MODIFICATION AGREEMENT
(Providing for Step 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”),
and Timely Payment Rewards Rider, if any, 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,
(County and State, or other jurisdiction)
the 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 for the first year at the yearly rate of ____% from
________________, ____, and Borrower promises to pay monthly payments of principal and interest in the
amount of $_______ beginning on the ___ day of ____________, ____. During the second year, interest
will be charged at the yearly rate of ____% from ___________, ____, and Borrower shall pay monthly
payments of principal and interest in the amount of $__________ beginning on the ___ day of
____________, ____. During the third year and continuing thereafter until the Maturity Date (as
hereinafter defined), interest will be charged at the yearly rate of ____%, from ____________, ____, and
Borrower shall pay monthly payments of principal and interest in the amount of $________ beginning on
the ___ day of ____________, ____ and shall continue the monthly payments thereafter on the same day of
each succeeding month until principal and interest are paid in full. If on ______________________, (the
“Maturity Date”), Borrower still owes amounts under the Note and 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 3162
06/06 (rev. 06/12) (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, including, where
applicable, the Timely Payment Rewards rate reduction, as described in paragraph 1 of the Timely
Payment Rewards Addendum to Note and paragraph A.1. of the Timely Payment Rewards Rider.
By executing this Agreement, Borrower waives any Timely Payment Rewards rate reduction to
which Borrower may have otherwise been entitled; and
(b)
all terms and provisions of any adjustable rate rider or Timely Payment Rewards Rider, where
applicable, 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.
LOAN MODIFICATION AGREEMENT—Single Family—Fannie Mae Uniform Instrument
Form 3162
06/06 (rev. 06/12) (page 2 of 3)
(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.
__________________________________ (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 3162
06/06 (rev. 06/12) (page 3 of 3)