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Investment Property Part 1

How To Save Your Home From Foreclosure



T


he Great American Dream of      First time homebuyer loans are    
homeownership is what many      usually the first loans that go   
in our country diligently       into default in an economic       
strive for. Homeownership brings      downturn. Financial hardships     
many benefits, as well as             caused by either loss of job,     
responsibilities. Entrance into       accident, injury, or relational   
the status of homeowner may come      problems begin to turn the        
with little or no cash investment     American Dream into a nightmare.  
for a down-payment. The loan that     Although in a normal economy,     
is obtained by a first time           there are very few people that    
homebuyer is usually a special        actually end up losing their      
loan designed to assist those in      homes, those in the midst of the  
the entry level, who have not yet     foreclosure suffer and many do    
accumulated a substantial sum for     not see themselves successfully   
the down-payment. Banks will          out of the problem they get into. 
always prefer to lend to a            The following information is      
borrower that has more to invest.     shared in the expectation that it 
Usually, the desired amount is at     will provide a path for those     
least ten or twenty percent of        caught in that difficult          
the purchase price in the form of     situation, and assist in          
cash. Almost without exception,       resolving their particular        
the banks or mortgage lenders         financial problem.                
will make special loans with very                                       
little or no down-payment to a        What You Can Do to Avoid or Stop  
homebuyer because the loan is         the Foreclosure Process           
usually insured or guaranteed                                           
against loss of principal by a        The first and most important step 
governmental or                       that one can take in preventing   
quasi-governmental agency.            the loss of one's home through    
                                      the foreclosure process is to     



"communicate, communicate,            the 90 day period before the      
communicate"! This first step,        notice of trustee sale is posted  
along with a few others, is           and filed.                        
detailed below.                                                         
                                      One of the most common causes of  
Negotiate with the lender. The        failure to communicate is that    
lender will always work with a        many homeowners facing            
client of theirs if the client        foreclosure avoid contacting      
takes the initiative to               their lenders because they are    
communicate any financial             upset or embarrassed. Many times  
hardships that may have caused        the homeowner mistakenly belie    
the default. Negotiate with the       the lender will not help them     
lender for a payment adjustment       because they feel that the lender 
in order to make up for the           prefers to foreclose. In reality, 
missed payment or payments. It is     the opposite is true. Banks and   
imperative that you act quickly       other lenders are primarily in    
in order to prevent the sale of       the business of earning money by  
your home, because once the           collecting interest on loans that 
foreclosure process begins you        they have made. Their net income  
only have 120 to 140 days before      is derived by having a specific   
your house is sold. Contact your      process in place in order to      
lender to explain your situation      invest and receive the interest   
and work out a way for you to         payments. They find it cumbersome 
keep your house. You have the         to go through the foreclosure     
most time and the best chance of      process, and usually are not well 
being able to negotiate a             equipped to manage foreclosed     
solution before the trustee files     properties. Because of this, most 
the notice of default. If             lenders are willing to work with  
foreclosure has already begun you     homeowners because foreclosure is 
must contact the lender during        more costly for them. It forces   



them to allocate time and             Loan modification: this is when   
resources to an unprofitable          the lender agrees to modify the   
activity. Contact your lender         terms of the loan. As an example, 
immediately! Do not ignore phone      the lender may agree to extend    
calls and letters from your           the term of the loan or lower the 
lender. If you do not inform your     interest rate of the loan. This   
lender of your situation, it will     option helps you catch up on      
be will assumed that you do not       unpaid payments by making your    
intend to pay and the process         monthly payments affordable. Loan 
will go forward.                      modification may be appropriate   
                                      if you have recovered from a      
It is important to prepare well       financial problem and can afford  
before you contact your lender.       to make your loan payments if     
You must gather all documents         they are adjusted.                
supporting your income and                                              
expenses, as well as all loan         Repayment plan: This option       
account information. When you         allows you to catch up on unpaid  
call ask to speak to someone in       payments by adding a portion of   
the customer service department,      the late payments to your regular 
be upfront about your                 monthly payments. A repayment     
circumstances and be prepared to      plan may be suited for you if you 
discuss your financial situation      have recently recovered from a    
in detail. Your lender needs to       short- term financial problem and 
know clearly your financial           are now able to resume making     
situation in order to determine       your regular monthly payments but 
whether they are able to offer a      need time to catch up on the      
solution. Your lender should be       unpaid payments.                  
able to then offer you one of the                                       
following options:                    Reinstatement: This is when you   
                                      are able to pay off the entire    



balance of the unpaid payments by     agencies. Beware of phony         
a specific future date.               "counseling agencies" that        
Reinstatement may be appropriate      approach you with the promise to  
if you know and can prove to your     advise you on your situation,     
lender that you will soon be          provided that you pay a large     
receiving a quantity of money         fee!                              
that will allow you to bring your                                       
loan account current.                 Borrow money from family or       
                                      friends. Many people tend to shy  
Forbearance: This is when the         away from this as their first     
lender agrees to temporarily          option. One would think that this 
reduce or stop your loan payments     option would be the most          
with an agreement on another plan     common-sense place to start. Many 
to bring the loan account             people completely eliminate this  
current. This option stops the        as a means to gather the funds    
foreclosure process and is            necessary to bring the loan       
combined with other options,          current simply because they are   
often reinstatement.                  embarrassed to ask. They do not   
                                      want family or friends to know    
If you are uncomfortable with         that they have encountered        
negotiating with your lender by       financial difficulties, so they   
your-self or if you want to           look elsewhere. Family or friends 
better understand of what options     many times are te ones that are   
you have, contact a reputable         most committed to lending a       
foreclosure assistance counseling     helping hand. If they are able,   
agency. When selecting an agency      they are very likely to be very   
to work with, choose one from the     willing to help out. Oftentimes   
U.S. Department of Housing and        because of embarrassment, they    
Urban Development's list of           are not approached until it is    
approved housing counseling           too late in the foreclosure       



process, and are unable to obtain     Borrow from institutional         
funds quickly enough to help out.     lenders. A third option is to     
                                      borrow from institutional lenders 
                                      to bring up back payments. This   
Obviously, there are situations       can be done by refinancing, or    
where the family members or           simply by borrowing against the   
friends are not approached            equity in the home. These lenders 
because there are already             will primarily consider equity    
strained relations, or they want      when determining approval of a    
to avoid causing any discomfort       loan. Equity is defined as the    
to their inner circle of friends      difference between the fair       
or family.                            market value of the home and what 
                                      is owed on the mortgage.          
One of the best things that I can     Refinancing is when you take out  
recommend to you is that you          another loan in order to pay off  
approach the request for              the existing mortgage.            
assistance in a very businesslike                                       
manner. By that I mean, you           When refinancing to avoid         
should look to secure their           foreclosure, you may be able to   
interest just as you would expect     obtain a lower interest rate, a   
if you were the one providing the     longer payment period, and/or a   
funds to someone else in trouble.     lower monthly payment which would 
The greater degree of security        make your mortgage payments more  
that you can offer them in            affordable. Usually lenders that  
protecting their funds, the           become aware that you have fallen 
greater probability of                behind in the mortgage payments   
successfully obtaining the funds      will shy away from lending to     
necessary to stop the                 you, so if you expect to borrow   
foreclosure.                          from an institutional lender, you 
                                      must act very quickly before your 



credit reflects any late              borrower's ability to repay in a  
payments. If the lender is aware      timely manner as the primary      
that you are in default, they         basis for qualification. The      
will probably refuse to lend, or      lender looks for the security of  
offer an loan with much higher        their investment to the ability   
interest rate to account for the      to recover it based on the        
borrower's inability to meet          property's market value and what  
their financial obligations.          is owed by the borrower on the    
                                      property. Almost without          
Borrow from private party             exception, these loans carry a    
lenders. There are individuals        much higher interest rate than    
that have funds to invest and are     the normal home loans obtainable  
looking for a higher return on        at banks or other lending         
their investment than can be          institutions. They are, however,  
obtained by depositing their          many times the only option left   
monies with savings institutions.     to a homeowner in foreclosure     
These individuals are expecting a                                       
high rate of return on their cash     File for Bankruptcy               
investments, and understand that                                        
the loan that they are funding is     There are two chapters dealing    
a high-risk loan. Usually, once       with personal bankruptcy; Chapter 
the homeowner falls behind in         13 and Chapter 7. The main        
their mortgage payments, it is        difference between the two        
increasingly difficult to borrow      chapters is that Chapter 13 helps 
money. These private lenders          individual debtors pay off their  
usually consider the equity in        debt with court supervision and   
the property when making the          protection while Chapter 7        
loan. Because the borrower is         eliminates, or in legal terms,    
behind in their payments, the         liquidates, the debtor's debt.    
lender cannot look upon the           Based on this simplistic          



definition alone bankruptcy may       payments is to sell the home, and 
seem like the simplest and best       thereby recoup 100% of their      
solution to your financial            equity minus selling costs.       
problems. However when                Unfortunately, many homeowners    
considering filing bankruptcy be      get caught up in the emotions of  
aware that it is not an action        the hardship and overlook the     
that simply frees you from your       realities of their financial      
debt, it is a complex legal           circumstances. Almost as if with  
process that has weighty              blinders on, they stagger about   
financial consequences. For most      hoping for a magic solution,      
debtors it is not the best option     sometimes waiting until it is to  
and should be considered as a         late to come up with a rational   
last resort after all other           plan. If a homeowner can          
options have been investigated or     reasonably assess their finances  
attempted. Individual financial       and determines that they cannot   
circumstances are so different        carry the financial load, they    
that you should seek the counsel      might be much better off selling  
of a financial planner or             the property and preserving the   
accountant and a bankruptcy           bulk of their equity until they   
attorney in order to discuss your     are again able to become          
particular financial situation        homeowners, if they so wish. They 
and the implications of a             must act quickly so that their    
bankruptcy. If you do not have an     credit is not ruined by the       
established relationship with an      failure to make their mortgage    
attorney, I would recommend that      payments on time, or by using the 
you get two or three opinions.        bankruptcy process just to        
                                      forestall the sale of the home.   
6. Sell the Home. Many times, the     Don't let your equity be eaten up 
best solution for someone that        by the high costs inherent in     
has fallen behind in their            loans made to those in distress.  



Sell the home and preserve the        namely the Equity!                
most important or valuable part,      

                              






About the Author:

Nef Cortez has been dealing in real estate and foreclosures for over 29 years. For free foreclosure lists please visit http://www.nefcortez.com

Source: www.isnare.com


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