Quote from @Jerome Simmons:
Hi @Joycelyn Bennett, I am in a similar situation as you. Could you please share some insights that helped you? Thank you!
These silent seconds are called HUD partial claims. If you do a forbearance or loan workout with FHA, you likely have one. You would have signed a promissory note as well as having a lien placed. The problem is HUD has been very sloppy especially over the last few years to record these, so often unless the homeowner remembers them , they bypass closing. Unfortunately, even without a lien, HUD can still collect as you signed a promissory note. Partial claims were not terribly common prior to COVID. Over the last 4 years HUD has written at least a million of these for loan workouts. They are pushing them actually. The only way to modify a loan to a lower payment during a time of rising rates is to move a bunch of principal to the back of the loan. I frequently speak with folks who are finding out that:
A: They have a partial claim
B: The partial claim amount is astronomically higher than expected
C: HUD failed to record their lien (not as common as A and B) and then was forced to pursue the homeowner after a sale
Since FHA has been basically pushing everyone they can into a loan mod per "Covid mortgage rescue" plans, these will be an ongoing issue for many years to come. Also, since they have written so many more in recent years than ever before (historically speaking) the problem will only escalate as more and more homeowners come to realize all their equity disappeared into these when they go to sell.
FHA is still pushing Covid workouts actually, and currently have extended them through April 2025. They will probably extend again. The partial claim issues have only just begun .