Stopping
Foreclosure
“Understanding Your
Options”
We have shown homeowners how to not only stop
foreclosure... but how to save hundreds or even thousands of dollars by
avoiding the mistakes that others make.
Know
your options so that you can make the right decisions!
Whether
you have been facing financial difficulties for some time, or you are just in a
recent slump because of job loss, injury or other set back, you must educate
yourself.
Facing
foreclosure is an emotionally-charged event. Most owners in situations like
yours have intense feelings of fear and anxiety.
These
confusing thoughts can lead you to emotional, instead of logical, actions and
decisions. Making emotional decisions is NEVER a good idea when it comes to
your home and your money.
Foreclosure
is an emotionally charged event. And the owners who let their emotions, instead
of logic, invade their thoughts and decisions make irreversible mistakes!
Homeowners
who focus solely on saving their home without considering their entire
financial picture often end up in even deeper trouble because they fail to look
at the short and long term affects of their emotionally charged decisions.
This is likely the first time you have ever faced
foreclosure. Well, it’s not our first time and if you let us help you then we
can help you make logical decisions that will not only stop your current
foreclosure, but will also set you up for future financial success.
What's important is that
you understand your options so that you can make the very best, most logical
decisions.
Following
are the most common options for people facing foreclosure. Depending on your
situation, all of these options may, or may not, be available to you.
Everyone’s individual situation is different. Call us and we can discuss your
options.
1. Reinstate
The Loan
2. Forbearance
3. Loan
Modification
4. Mortgage
Refinancing
5. Sale
of the Property
6. Deed-in-Lieu
of Foreclosure
7. Bankruptcy
Filing
8. Nothing
1.
REINSTATE THE LOAN –
The most obvious option is to pay the loan current.
If foreclosure proceedings have already been filed then the amount
needed to get the loan current will not only include back payments, but also
late charges and possibly attorney fees. This is the quickest and the most
efficient way of ending a foreclosure action.
2.
FORBEARANCE –
The lender stops or postpones legal action. Usually granted when you make satisfactory arrangements to bring
the overdue mortgage payments current.
3.
LOAN MODIFICATION –
A loan modification seeks to avoid foreclosure by negotiating
with the lender to modify the terms of the loan. Loan modifications may include
adjusting the interest rate, extending the loan period, or adding the
delinquent portion and fees back onto the principal of the loan to be repaid
over time.
4.
MORTGAGE REFINANCING –
In most cases, once foreclosure has started, you
have been through several months of late payments or no payments. These late
payments have a devastating effect on your credit rating. In addition, the new
mortgage company will easily find out about the current foreclosure action.
This most often leads to a denial of the refinance loan application. If you are
approved you can bet it will be at a VERY high interest rate with higher than
normal closing costs etc.
This
option is normally only for those with excellent credit histories and who have
only suffered a temporary setback. If you are seriously considering this option
then call us. We have connections with the companies that are most likely to be
able to help you. Remember that time is of the essence so don’t waste a lot of
valuable time on this option. You could lose your home while waiting on loan
approval.
- SALE OF THE PROPERTY – if you have been unable to work with your lender, or find another suitable solution in a TIMELY MANNER, it is time to seriously consider selling.
When
time is of the essence you should consider selling your property to an investor
who offers “a quick closing”. Typically, this will be for less than fair market
value, but can be a benefit to you because it is a quick “as is” sale with no
real estate commissions. “As is” means you would not have to spend any money
doing repairs, or spend time putting the house in perfect. By selling your
house “as is” to an investor, you get a quick sale - allowing you to instantly
stop the foreclosure and salvage your credit.
- DEED IN LIEU OF FORECLOSURE – is when you voluntary deed title to your property to the lender. You basically give the house back to the bank. The ordinary effect of the taking of a Deed in Lieu is to extinguish the lender's deed of trust and vest the lender with title subject to all other existing liens and encumbrances. In effect, the lender becomes the new owner. The lender is not required to accept the Deed in Lieu and can show his/her refusal by filing a Notice of Non Acceptance with the County Recorder.
- BANKRUPTCY – Some homeowners act on their lawyer's advice and file bankruptcy thinking that all their problems are now solved. Bankruptcy does put a hold on everything, yes, but all it buys you is a little time. The end result is almost always the property still goes to auction and you now have a bankruptcy in addition to the foreclosure on your credit report.
- NOTHING – You may find it odd that Nothing is listed as an option, however one of the most common options taken by homeowners is NOTHING. Don’t fall into the trap of thinking that everything will magically work itself out, because it will not.
You are
likely confused by your options and fearful of making a bad decision, but by
doing nothing you are making a decision. The decision you are making by doing
nothing is the decision to turn a blind eye to reality while losing your home.
We would love to tell you
that stopping a foreclosure is a simple process and that it requires no special
skill or knowledge, but this simply is not the case.
We
trust that the overview of foreclosure options will help you start down the
path of informed decision making to protect yourself, your family, your home
and your bank account!
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