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During the mortgage signing, there was a note signed and the note that was signed is a binding contract between two parties; the mortgagor (borrower) and the mortgagee (lender) and the terms of the loan are spelled out within the note (which is a promise to pay.) Within the note are the beginning date and ending dates as well as the interest rate (fixed or variable), loan amount and monthly payment. In most states this rate cannot be changed with out "modification" of the original note. It is a voluntary process where by the bank allows the interest rate on a particular loan to be reduce in the case that it is a slight hardship. If the loan payments are a great hardship, and it seems that payment is not possible even if the rate is lowered a great deal, then the bank may take other measures that often result in liquidation of the property. But in some cases a short sale may be an option, or offering a deed in lieu of foreclosure. Banks have many tools at their disposal to avoid foreclosure, the borrower simply needs to ask before it is too late for the bank to help.

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Q: Is it true if mortgage payment is over 31 percent of income mortgage companies must lower rate?
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