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Mortgage Modification Agreement Template for United States

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Mortgage Modification Agreement

"Need a Mortgage Modification Agreement to reduce the interest rate from 6.5% to 4.2% on my existing home loan and extend the term by 5 years, with the changes to take effect from March 1, 2025."

Document background
A Mortgage Modification Agreement becomes necessary when circumstances require changes to an existing mortgage's terms. This might occur due to financial hardship, interest rate adjustments, or loan restructuring needs. The document specifies all modifications to the original mortgage while maintaining its fundamental security interest. It must comply with U.S. federal regulations (including TILA, RESPA, and Dodd-Frank Act requirements) and state-specific recording and consumer protection laws. The agreement typically includes details about payment changes, term adjustments, and any special conditions while ensuring the original mortgage's validity remains intact except as specifically modified.
Suggested Sections

1. Parties: Identification of lender and borrower(s)

2. Background: Details of original mortgage and reasons for modification

3. Definitions: Key terms used in the agreement

4. Modification Terms: Specific changes to the original mortgage terms

5. Effective Date: When the modification takes effect

6. Acknowledgment: Confirmation that original mortgage remains in effect except as modified

Optional Sections

1. Trial Period Plan: Terms of trial payments before modification becomes permanent - used when lender requires trial payment period

2. Forbearance Terms: Terms of any temporary payment relief - used when modification includes forbearance period

3. Insurance Requirements: Modified insurance requirements - used when insurance terms are being changed

Suggested Schedules

1. Payment Schedule: New amortization schedule showing modified payments

2. Modified Note Terms: Detailed breakdown of changes to original note terms

3. Property Description: Legal description of mortgaged property

4. Original Loan Documents: Copies of original mortgage and note being modified

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses

























Industries

Truth in Lending Act (TILA) and Regulation Z: Federal law requiring accurate disclosure of loan terms and costs, and governing how changes to loan terms must be disclosed in mortgage modifications

Real Estate Settlement Procedures Act (RESPA): Federal law regulating real estate settlement processes, loan servicing requirements and escrow account management in mortgage transactions

Dodd-Frank Wall Street Reform and Consumer Protection Act: Federal law establishing additional consumer protection requirements and ability-to-repay criteria for mortgage modifications

Fair Housing Act: Federal law ensuring mortgage modifications are offered without discrimination and maintaining equal treatment requirements

Home Ownership and Equity Protection Act (HOEPA): Federal law mandating additional disclosure requirements for high-cost mortgages and restricting certain loan terms

State Recording Requirements: State-specific laws governing how modified mortgages must be recorded in public records, varying by jurisdiction

State Consumer Protection Laws: State-specific regulations providing additional consumer protection requirements for mortgage modifications

State Foreclosure Laws: State-specific requirements relating to mortgage modifications in the context of foreclosure prevention

State Notarization Requirements: State-specific rules governing how mortgage modification documents must be authenticated and notarized

State Interest Rate Regulations: State-specific usury laws and interest rate restrictions affecting mortgage modifications

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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