Archive for May, 2010

May
27

Foreclosure Options For Homeowners

Posted by: Ted Cowan | Comments (0)

When you’re about to lose your house, the stress can be pretty overwhelming. You already have financial problems, the debt collectors are constantly calling, your family is getting stressed out as well, and you find yourself wondering where you will live when they take the house away from you. Your main goal in life becomes getting rid of the stress.

If you know someone who has been through foreclosure, you might already know what could happen. Did you know there are several options available when you get a notice of default? It might seem easier to just move out, but you have to think about your financial future. For instance, when you move out, will you be losing your ability to ever own another home?

Whether you’re a homeowner, a real estate agent, or an investor, you need to know all the options for someone facing foreclosure. As a homeowner, your best bet is to get enough information to make an informed decision. As someone who helps homeowners, you need to make sure they understand that information. You need to set realistic expectations for the loss of their home.

Let’s look at the deed-in-lieu option and loan modifications first.

A deed-in-lieu means that the homeowner agrees to simply hand over the property to the bank. It helps the bank make the repossession easier, but it still hurts the homeowner’s credit as if the foreclosure had actually taken place.

What about loan modifications? The government’s Home Affordable Modification Program (HAMP) promotes mortgage loan modifications as being a viable way to deal with the foreclosure crisis. Yet the current rate of success for those loans to go from trial to permanent modification is 4 percent. Using California as an example, roughly 140,000 trial loans have entered into the modification process; however, only 5,600 loans will be modified based on their current success rate (4 percent). California filed over 450,000 notices of default for 2009. Those being helped are few and far between given the current numbers.

Let’s look at some more probable options.

1) Option one: stay in the house as long as possible, using bankruptcy procedures to stall the courts until the foreclosure auction date. It doesn’t prevent the foreclosure, but it does let you stay put at the lowest cost.

2) Try to sell the house for the amount owed on the mortgage, hoping that a buyer will pay the asking price before the auction date. Obviously, it isn’t likely that someone will pay more than the home’s fair market value, so this strategy often fails.

3) The homeowner can list the property with a real estate agent who is willing to wait out the short sale process and encourage buyers to do the same in order to get a discount on the property. The buyer may get a great deal on the house, and the real estate agent may still get credit for the sale, but it doesn’t always work that way.

For instance, the buyer usually has to agree to wait two or three months before they can close on the house and move in. Most buyers need to purchase a property that is ready to close in less than a month.

Several roadblocks can come up during the process of negotiating a short sale if the seller and/or his agent don’t completely understand how to manage those negotiations. Lenders are very careful to train their loss mitigation department in debt collection, so sellers and agents who aren’t as well-trained in short sale negotiation skills can be easily sidelined.

Here’s one example: did you know that it is possible to avoid having to pay the leftover debt after the home is sold for less than the mortgage is worth? Wouldn’t that be a useful thing to know how to do? There is more than you might think to managing the short sale process.

4) The real estate agent could list the house as a short sale, while arranging the purchase by a short sale investor who doesn’t mind handling the paperwork, negotiating a successful short sale on the seller’s behalf, and waiting for the lender’s approval before closing on the house. The homeowner would avoid a foreclosure, the agent would still get the commission, and the buyer would get the home as an investment property to sell or rent.

Here’s another reason why the homeowner would rather work with someone who coordinates short sales on a daily basis. Did you know that there’s more to the BPO process than just being there when the bank appraiser comes to the door? Do you have any idea how to use the process to maximize the short sale outcome in your favor? A good short sale investor does.

As a real estate professional, you should be able to explain these four options to a homeowner who is facing foreclosure. They can let it go and file bankruptcy, they can sell for the amount of the debt, they can apply for a short sale and wait for a buyer, or they can apply for a short sale with a buyer already waiting for them.

My partners at Strategic Real Estate Coach specialize in educating people about short sale solutions for homeowners in trouble. We offer a free Silver Membership in the coaching program, and the benefits include several reports to help you learn everything you need to succeed!

Attorney Jeff Watson has some great commentary on the legal side of real estate investing. You can find that and more on his blog. Just visit topshortsalelawyer.com.

When you help people learn the truth about foreclosure and how to avoid it, you give them a chance to overcome one of the most difficult times in their lives. Educate each homeowner about their options, and watch them turn a bad situation into a fresh start.

Need to know more about foreclosure options? Get free information from our real estate coaching website! Visit the Uber Article Directory to get a totally unique version of this article for reprint.

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Categories : avoid foreclosure
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It’s a sad fact that foreclosure continues to happen every day to many hard working people. But that fact probably won’t make you feel any better if you’ve received a notice that has you dealing with foreclosure. Even so, you can do something to prevent it from happening to you. Here’s how to stop a foreclosure and keep your home.

First of all, make up your mind that you are going to do everything in your power to not let it happen. If you do this, you stand a far better chance of being able to avoid the trauma of having to move out of your home.

You are probably already skeptical. But the reality is that with so many homes being devalued, and so many people walking away, the mortgage lenders are continuing to take a severe hit right where it hurts them most. So if you can come up with a plan of action, you may just be able to avoid the foreclosure process.

Here are some of the options that you can use to stop a foreclosure.

The first thing you should do is to arrange a face to face meeting with your mortgage holder to talk things over. Be clear that your intention is to work to stop the foreclosure from occurring and you want them to help.

Come prepared with financial statements, paycheck stubs, and anything else that can demonstrate your ability to pay something each month.

Be upfront and honest. Since your home is likely valued at less than you owe, like so many homes today, try to renegotiate your mortgage. Point out that if you are forced to walk away from your mortgage, and your home is sold through foreclosure the lender will not be getting market value.

You are trying to make a real case for an altered agreement with your bank, so you can stop a foreclosure. You have a good shot at being able to refinance if you have a variable interest rate and have had a good credit history in the past. Refinancing will allow you to lock in at a lower interest rate and bring your monthly payments down to a more manageable range.

Another way to refinance is to set up a revised repayment agreement. The agreement should include a provision for paying off at least some of your arrears immediately, so the lender can see that you are acting in good faith.

With this type of agreement you are getting your payments lowered without necessarily getting a lower interest rate. The length of your mortgage will generally be extended in this case.

If you are unable to refinance, you may be eligible for a loan modification. In this case your lender is essentially giving you a completely new mortgage loan which will have a different set of terms and interest rates, hopefully lower. The goal of changing your mortgage is to make your payments more affordable on a monthly basis.

The bottom line is that if you sit back and do nothing, you will lose your home to foreclosure. But hopefully now you have a few ideas that will help you figure out how to stop a foreclosure and avoid losing your home.

For some valuable tips on dealing with foreclosure and for even more free foreclosure information, visit getforeclosurefacts.com.

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Categories : avoid foreclosure
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