Stopping Foreclosure

Should You Be Stopping Foreclosure

Stopping a foreclosure is really very simple if you understand a few keys to the process. It is very important that you first evaluate your situation to see if stopping foreclosure is what you really want to do. This article will outline some guidelines that you can follow should you find yourself in the unfortunate need of stopping foreclosure.

Should You Be Stopping Foreclosure

Before you take the necessary steps in stopping foreclosure you must evaluate your entire financial state and see if stopping foreclosure will really help your situation. If you find it hard to make payments on your credit cards, car, or other items you probably need more help than just stopping foreclosure on your home.

You may want to seek the free advice of a credit counselor if you are simply going under on several other payments besides your house payment. These credit counselors can help in deciding if stopping foreclosure is going to help you or not.

Should You Be Stopping Foreclosure

If your home is in an area of homes that is increasing in value you may have more incentive for stopping foreclosure to reap some profits for selling in time. You could check with some local real estate offices and see what homes are selling for in your neighborhood. This will give you a good guideline as to what you could expect to gain. Make sure that you are using comparable results when determining the real value.

Should You Be Stopping Foreclosure

You should ask yourself if the home you are in is really what you want. Maybe it is time for a move to a new town or neighborhood. You might be able to walk into a very nice situation where you could earn credit towards a home by doing repairs. If this is the case you might be better off to let your home go into foreclosure, but you must act quickly.

If you have determined that stopping foreclosure is worth it for you then you should contact the lender and explain your situation. You might ask them to lower your payments. You could ask for a reduction of 50% or more in some cases for a certain period of time. This can work if you are several months delinquent on your payments.

If you are stopping foreclosure and choose to have your payments lowered you will most likely not gain on your principle very quickly, but you will at least be able to continue enjoying your home. Once you get back on your feet you can regain equity by making extra payment that is applied to the principle only.

If you need more foreclosure help then quickly head over to consumerdefenseprograms.com where you will find helpful foreclosure tips, advice and resources including information on foreclosure plans, negotiating and more Stopping Foreclosure.

Timeline For Foreclosure in All 50 States

Timeline For Foreclosure in All 50 States

The #1 thing that most real estate investors and homeowners facing foreclosure want to know is: “what is the timeline for foreclosure?” In other words: “how long does it take?” The answer is that the mortgage foreclosure process and timeline varies from state to state. This article provides the information and resources that you will need to find out the foreclosure laws, procedures and timelines for all 50 states.

As mentioned, each state will typically have a different set of rules and a different timeline for foreclosure.

20 states utilize only “Judicial” Foreclosures.
5 states and the District of Columbia utilize only “Non-Judicial” Foreclosures.
25 states utilize both Judicial and Non-Judicial Foreclosures.##
## Of the 25 states utilizing both types of foreclosure, Non-Judicial Foreclosures are more common. In fact, Non-

Judicial Foreclosure is the most commonly used form of foreclosure nationally.

I. JUDICIAL vs. NON-JUDICIAL FORECLOSURES:

The primary difference between the two classes of foreclosure is the involvement or non-involvement of the court system. As you might have guessed, Judicial Foreclosures are processed through the courts. Non-Judicial Foreclosures are not.

Regardless of the type used, the timeline for foreclosure is always preceded by a borrower defaulting on their mortgage payments. Most lenders typically won’t threaten homeowners with foreclosure until two or three payments have been missed. However, once the lender concludes that the mortgage is in default and the homeowner is not going to catch up on their overdue payments, a legal filing is made by the lender and the timeline for foreclosure begins.

A. JUDICIAL FORECLOSURES:

In a Judicial Foreclosure, the lender files a formal complaint with the court and records a legal notice of “Lis Pendens”. The complaint must state the details of the debt and why the lender should be allowed to foreclose on the property. The Lis Pendens gives public notice that the house is the subject of foreclosure proceedings and implements the legal timeline for foreclosure.

If the court rules that the debt is legitimate and in default, it will send a notice to the homeowner demanding payment of the amount owed (plus penalties and foreclosure costs). The borrower is typically given 30 days to respond and satisfy the debt. If they do not, the court will tender a judgement in favor of the lender, instructing that the home will be sold at a “Sheriff’s Sale” auction.

After the judgement is entered, in most states that utilize Judicial Foreclosures, the homewner has about 90 days prior to the Sheriff’s Sale to pay the entire amount owed and stop the mortgage foreclosure process. There are other alternatives that could stop the timeline for foreclosure during this 90 day period:

Negotiate a “Forbearance Agreement” with the lender that revises the loan terms to the satisfaction of both parties. (Most lenders do not want to foreclose because it can cost them a lot of money.)

  • Sell the home.
  • Refinance the loan.
  • Declare bankruptcy.

If the mortgage foreclosure process isn’t stopped, the property goes to a “Sheriff’s Sale” where it is auctioned off to the highest bidder and extinguishes all rights of ownership of the defaulting homeowner. If noone purchases the property at the auction, the title to the home reverts to the lender and it becomes what is known as an “REO Property”. This stands for “Real Estate Owned” (by the bank or lender).

How long does the Judicial Foreclosure process take?

This is almost impossible to predict. The judicial timeline for foreclosure is entirely driven by the court schedule and literally “at the mercy of the court”. However, most experts will agree that Judicial Foreclosures can often take more than a year to complete.

Important Note: Even after a home has been sold at the Sheriff’s Sale, some states will allow an opportunity for the homeowner to regain ownership of their home. This is known as a “Redemption Period” and is a period of time after the mortgage foreclosure process has been completed. Even though the property now will have a new owner, the former homeowner can still reclaim title to their home by paying off the full amount of their original home mortgage plus penalties and foreclosure costs.

B. NON-JUDICIAL FORECLOSURES:

Also known as “Power of Sale” Foreclosures, Non-Judicial Foreclosures are conducted outside of the court system by either a third party “Trustee” or an attorney. This mortgage foreclosure process is used when a “power of sale clause” exists in a mortgage or deed of trust. This clause states that the borrower agrees to the sale of their property to pay off the balance of their home loan in the event of a default.

As with Judicial Foreclosures, most lenders will not begin the Non-Judicial Foreclosure process until several payments have been missed and they are convinced that the homeowner is not going to catch up on their overdue payments. However, once the lender determines the borrower to be in default, a legal filing is made by the lender and the timeline for foreclosure will begin. This filing is known as a “Notice of Default” (NOD).

After the NOD is filed, the homeowner typically has a 90 day “Reinstatement Period” to catch up on missed payments and stop the foreclosure before the lender can take further action. There are other alternatives that could stop the timeline for foreclosure during the Reinstatement Period:

Negotiate a “Forbearance Agreement” with the lender that revises the loan terms to the satisfaction of both parties. (Most lenders do not want to foreclose because it can cost them a lot of money.)

If the borrower remains in default at the end of the Reinstatement Period, a “Notice of Trustee’s Sale” will be filed with a date and time posted for an auction sale of the property. After the Notice of Trustee’s Sale is recorded, the homeowner typically has another 21 days before the auction date. During this period, the borrower can still stop the timeline for foreclosure with any one of the alternatives mentioned above in the Reinstatement Period.
If the mortgage foreclosure process isn’t stopped, the property goes to a “Trustee’s Sale” where it is auctioned off to the highest bidder and extinguishes all rights of ownership of the defaulting homeowner. If noone purchases the property at the auction, the title to the home reverts to the lender and it becomes what is known as an “REO Property”. This stands for “Real Estate Owned” (by the bank or lender).

Important Note: Similar to Judicial Foreclosures, after a home has been sold at the Trustee’s Sale, some states will allow an opportunity for the homeowner to regain ownership of their home. This is known as a “Redemption Period” and is a period of time after the mortgage foreclosure process has been completed. Even though the property now will have a new owner, the former homeowner can still reclaim title to their home by paying off the full amount of their original home mortgage plus penalties and foreclosure costs.

THE BOTTOM LINE:

Regardless of the mortgage foreclosure process used, it is very important to know the laws and procedures for your particular state. To help with that, here is a link to the Foreclosure Process: All States.

ABOUT THE AUTHOR:
The author, John Hanlin, recently published the HOT NEW E-BOOK: “The LazyMan’s Guide to Understanding Foreclosures & REO Property Investment”. Click here for info.

Mr. Hanlin is an Independent Investors’ Consultant who provides FREE investment advice on his website:
http://www.JohnHanlin.com where you can sign up for a copy of his FREE Special Report: “The Safest High Yield Investments You Can Make Today”.

How to Fight a Foreclosure on a Home

How to Fight a Foreclosure on a Home

Even with a strong national economy, low unemployment and low interest rates, Americans are always subject to dealing with mortgage lenders arriving to foreclose on their homes. Housing experts say that the ease with which homebuyers, even those with bad credit, have been able to get mortgages over the years is the most common culprit of foreclosure. As a result, many buyers have overextended themselves, taking loans with unfavorable terms even when the housing market dictates extremely high price tags. Homeowners can and do beat foreclosures on their properties–but only when they act the moment they begin to experience financial difficulties.

If you’re going to have trouble meeting your mortgage payment, call your mortgage lender immediately. Swift action may prevent the loss of your home.

2 Mortgage lenders will always want to work with you and help you find a way to keep your home. That’s because they’re in the money lending business not the real estate business.

3 If your mortgage lender has not had a payment from you for a month or two, and if they haven’t heard from you, they will assume you do not intend to pay them. In that case they will feel justified in trying to take back your house.

4
If you are in serious financial difficulty, you should seek professional assistance and/or legal counsel to best protect your investment and your home.

5 Before you call your lender, be ready to discuss your financial problems. They will need all the information you can give them in order to help you.

6 Make notes about your income and outgoings so you will be better able to answer questions. It will impress the lender if you seem to be making a sincere attempt to tell the truth about your situation and get your finances under control.

7 There are a number of ways in which your lender may be able to help. If you get in touch with a lender before you miss a payment, the lender might offer forbearance. This means they would put the soon-to-be-missed payment at the back of the loan, allowing you to skip a month and not getting a mortgage late on your credit. This is why you need to contact your lender if you’ve lost a job or had some other short-term setback. In fact, your lender may allow you to skip several payments and give you time to get back on your feet.

8 Ask your lender about restructuring your loan. Since the lender knows that mortgage payments are the last payments a person will let slide they already realize you are probably having a few other financial problems.

9 If you have some equity in your home, a lender may allow you to restructure your loan to lower the monthly payments. If you’ve missed some payments they may even agree to add the past amount due into the new loan.

10 Ask your lender about helping you get a one-time payment from the government’s FHA-Insurance Fund to bring your mortgage current. You may qualify if your loan is at least 4 months delinquent, but no more than 12, and you are able to begin making full mortgage payments.

11 If your problem is so serious that it can’t be resolved in a reasonable amount of time, it may be better for you to sell your home and find one with more manageable payments. In that case, sell the home, pay off both the mortgage balance and your delinquent debt, and avoid foreclosure.

12 If you can’t sell your home it may be possible to sign it over to a lender. This is considered a voluntary foreclosure and could damage your credit record. You will lose your home, but you will not be held liable if the home sells below the debt amount.

13 The last resort, when all other options fail, is to declare bankruptcy, since foreclosure proceedings are usually stopped until a bankruptcy is resolved. This may save your home although it will damage your credit record for at least 7 years and you will lose control of your finances.

Article source: How to Beat a Foreclosure on a Home | eHow.com

How to Stop Foreclosure of Property

How to Stop Foreclosure of Property

Losing your house to foreclosure can harm your credit rating. You’re unable to purchase another property in the near future. Foreclosure of property involves the lender reclaiming your home due to non-payments. Different reasons play a role in foreclosure. But depending on your situation, your lender might be willing to work out a deal to stop or prevent a foreclosure. Thus, it’s best to educate yourself on the foreclosure process and learn your options.

1 Stay in contact with your lender. Keep your lender aware of your financial situation. Don’t miss a payment and don’t ignore their calls. Provide an explanation and negotiate a means to repay missed payments.

2 Modify your loan terms. Speak with a mortgage representative to see if you qualify for a loan modification. If so, your lender agrees to reduce your interest rate or mortgage payment. This creates a more affordable payment, in which you’re able to avoid foreclosure of property.

3 Negotiate a forbearance. If your money problems are temporary, ask your lender for a mortgage forbearance. They’ll temporarily suspend or cease collection of monthly payments for a designated time period, between three and six months. This gives you time to improve your finances. Afterward, the lender extends the loan term or increases the monthly payment to recoup lost funds.

4 Sell or rent the property. Do everything in your power to unload your house and stop a foreclosure. Reduce the sell price, stage the home to attract interest or find renters for the property.

5 Unload the property with a short sale. If unable to sell the property due to a slow housing market or an upside-down loan (mortgage balance exceeds home’s worth), ask your lender to consider a short sale. This gives you permission to sell the property for less than the mortgage balance and avoid foreclosure.

Foreclosure Defense Guidebook: An EASY to Understand Guide to Saving Your Home From Foreclosure.

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Read more: How to Stop Foreclosure of Property | eHow.com

Home Foreclosure Facts and Myths

Home Foreclosure Facts and Myths

Foreclosure is a process which is initiated when the person having mortgage fails to make timely mortgage payments to the lender. Loss of property is certainly a big setback for the home owner. However, there are many misconceptions regarding the process of home foreclosure and this leads to people taking wrong decisions and affecting their financial position. After reading the home foreclosure facts and myths given below, you will understand exactly how does home foreclosure work.

Facts and Myths About Home Foreclosure

Foreclosure of a home is something which every homeowner would want to avoid. No one wants to lose their home to the mortgage providers as it is their most priced possession. However, for this, making timely mortgage payments is absolutely essential and if this is not possible, one must be aware of the ways to deal with this situation. If help is sought at the right time, it is possible to avoid loss of asset and maintain your credit scores at the higher levels. Given below is a table giving information about the home foreclosure facts and myths.

Myths and Facts About Home Foreclosure
Myths Facts
I will not be able to buy a home again if my home is foreclosed. Though it is difficult to get out of the problems caused by foreclosure, it is not impossible. You should start by rebuilding your credit and creating a saving and expenditure plan for yourself. Some help from credit counseling companies can help you get a mortgage again.
I will lose the possession of my house if I default on my monthly mortgage payments. If you are facing financial problems to make monthly payments, you should immediately contact HUD-approved housing counselor who will guide you about a suitable repayment plan, loan modification and reinstatement.
I should immediately go for the foreclosure if my lender does not respond to my requests for meetings. Like you, your lender has many people to attend to and hence you need to have patience to get an appointment. Completing the loan modification process is definitely a bit time consuming.
I am being offered help by many people to avoid foreclosure, but most of them seem to take advantage of my weak financial position. Though there are people who try to exploit the troubled mortgage payers, you will not face problems if you approach a HUD-approved counseling agency. Also check the reputation and track record of people who approach you for help.
I should stop making my monthly mortgage payments to get quick mortgage payment assistance and get out of the trouble immediately. This is probably the biggest myth about home foreclosures. Always remember that there are no short cuts in life. The more you delay your payments, the more would be the negative effect on your credit score and this will affect your chances of getting a mortgage again. The lenders should feel that you are trying your best to pay off your dues.
There are no laws or rules to protect the interests of people facing it difficult to make mortgage payments. This is not at all true. The Real Estate Settlement and Procedures Act and the Fair Debt Collection Practices Act help the people protect their rights.
My lender is only interested in grabbing my property. This is yet another common myth among mortgage payers. The fact is that even your lender does not wish to take possession of your home because the entire foreclosure process is time consuming and the lender has to spend money for maintaining the property. The lender just wants his money back with interest in the specified period.
My lender will ask me to immediately leave the property after defaulting on mortgage payments. Again, this is just a myth. Banks ask homeowners to leave only after the property is sold in an auction and the deed transferring process is done.
After the foreclosure is done, the bank will take away my personal belongings. The bank takes only those items which are attached to the home. All other personal things will remain with you.
In the foreclosure process, I do not have to pay any legal fees to the bank. This is not true. Homeowners promise to pay the bank the legal fees after signing the mortgage agreement.

There are many people who wonder how long after a foreclosure can I buy a home. Now, answering this question is a bot tricky as it depends on your credit score and the policies of the lenders. However, if you can prove to your lenders that you are trying hard to rebuild your lost credit and that default occurred because of some situations which were out of your control, then you can expect to get a mortgage after a few years.

Myths and Facts for Buyer

We have already discussed the myths and facts about foreclosure from the mortgage owner’s perspective. There are also some myths in the minds of people who wish to buy the foreclosed properties. The biggest myth is that these properties are not good investment options as compared to other properties in the market. However, this is not at all true and the fact is that these properties have yielded the best returns for those who went for them. Some people also believe that these foreclosed properties are not well maintained which is also not true. It is possible to find properties which have been well maintained, only you have to get in touch with the proper source to know about them. Another myth regarding bank foreclosed properties is that people think that they can be bought at a dirt cheap price. This is not at all true. Though these properties sell at a discount as compared to the ongoing realty prices, the prices are only 25-40% lesser. So instead of getting disappointed, go ahead and find out a well maintained property and do something about it.

The above mentioned home foreclosure facts and myths will help you plan your mortgage payments properly and fulfill all the needs of your lenders. So, think wisely and take the right decision to own your home permanently.

About the author: By 
Published: 7/2/2011

 

Pre Foreclosure Process

This is a resolved questions from Yahoo! Answers: Pre Foreclosure Process

Question:

I am in pre-foreclosure process and need advice!!!Refinance, Buy, sell, mortgage, real estate expert needed!?

Me and my boyfriend recently moved in together, but this forclosure crisis has caught up. We were wondering whether we should sell, refinance or file for bankruptcy?

I AM IN PRE-FORECLOSURE PROCESS AND NEED ADVICE!!!-REFINANCE, BUY, SELL, MORTGAGE.

Best Answer – Chosen by Asker

When facing foreclosure, most homeowners have multiple options. I will try to go through each one.

1.) First Option: Asks for Friends & Family for Loan
No one likes to ask for money. Especially if we think we can “handle it before the foreclosure date”.
Banks do NOT like taking back properties. They too are dealing with loss in property value. Bank own properties also known as REO take too much of the banks resources. Your bank will normally be more than happy to accept simple deposit or percentage of the money owed to reinstate your mortgage. You can requests these funds from friends and family with a repayment term that is comfortable for you. It is important to read and contact your bank about the possibilities of being reinstated.

2) Request Special Forbearance: Your lender may be able to work with you in a repayment plan based on your financial situation and may even provide for a temporary reduction or suspension of your payments. You may qualify for this if you have recently experienced a reduction in income or an increase in living expenses.

3) Partial Claim. Your lender may be able to work with you to obtain a one-time payment from the FHA-Insurance fund to bring your mortgage current.
You may ask your lender if they offer this service and if you qualify.

4) Refinance: Refinancing your property is an alternative many homeowners have used to prevent their foreclosure. By refinancing their property, they can reduce their mortgage to a more suitable or doable monthly payment. Be weary of mortgage firms that promise rates that seem too good. “Everything that glitters is not gold”.

5) Quickly Sale: Depending on the time you have before your foreclosure date, you can either hire a real estate agent in your local area or quickly sale to a real estate investor interested in your property.

6) File for Bankruptcy: Not the most favorable option. You must find a local attorney to assist you with bankruptcy as the laws for foreclosure prevention varies in all states.

A great source to find real estate agents whom would like to help you sell, investors whom would like to purchase properties, refinance agents to help you refinance, and bankruptcy assistance would be www.homeleafs.com.

Wow! I just answered a question like this!!!
Source(s):
http://www.homeleafs.com
http://www.hud.gov/foreclosure/index.cfm

Other answers:

The list of various methods to stop foreclosure that is presented below is a nearly comprehensive accounting of the most common ways homeowners can use to save their homes, either by staying in them and avoiding foreclosure, or by getting out of a bad situation with as much of their financial lives intact as possible. There are really no magical ways to end the foreclosure process — but there are enough tools that homeowners have available, that they can choose from a number of options to help them out of their hardship situations.

1. Save up and get current on the mortgage by paying back the payments you’ve missed, plus the interest, late fees, attorney fees, etc. Understand that there are often thousands of dollars of extra charges that are added once you start missing payments and especially if the lender hires a law firm to pursue the foreclosure.

2. Work with the lender to put together a repayment plan, which would require you to put down part of the amount you are behind now and pay back the rest over a period of months, along with you current monthly payment. Usually, repayment plans can be worked out through your lender’s loss mitigation department, and will result in you paying almost twice as much per month as your regular mortgage payment. This is to help you get caught up on the payments you missed while you are paying your original monthly obligation.

3. Work with the lender to modify the terms of the loan to say that the missed payments are spread out over the life of the loan or put on the back end of the loan. This is called a mortgage modification or loan modification. Some lenders will not do this because they do not hold the paper to be able to modify it. This is especially true for mortgage servicing companies, who only service their loans and collect payments, but who do not own the loans.

4. Refinance — find a hard money lender or traditional lender that will consider foreclosure refinance loans. Qualifications include lots of equity and lots of income, since your interest rate will probably be over 10%. Foreclosure refinance loans can be difficult to qualify for and may result in higher monthly payments, but they are a good way for homeowners to get a fresh start with a new note and new lender.

5. If you have an FHA loan, you can get a one-time loan from the FHA that will bring you current and is placed as a lien on the property that you would have to pay back if you sell or refinance the home. This is called a partial claim. You would have to contact the FHA directly for this one time payout to get you caught back up on your mortgage.

6. Sell to a private investor or friend/family member and lease/rent the property back from them. That clears off the foreclosure loan on the property and uses someone else’s good credit to get a new loan and allows you to stay in the property. Investors can also work out short sales on properties, allow they usually do this in the hope of flipping the property by reselling it quickly at a profit.

7. Bankruptcy will stop the foreclosure process, but is usually an expensive alternative to setting up a repayment plan, mentioned above. Attorney fees, trustee fees, court costs, and high monthly payments cause a lot of people to fail their bankruptcies. Only consider bankruptcy if you desperately want to prevent foreclosure and if you have a significant amount of income you can dedicate towards the bankruptcy payments.

8. Short sales are a good option if you owe more on the property than it is currently worth. A short sale means the bank accepts less than what they are actually owed, and would allow you to get out of the loan, at least. The bank would not be able to come after you for the rest of the loan amount, since, by accepting a lower amount, they forgive the rest of the debt owed on the mortgage.

9. Sell outright if the property is worth enough and you have a willing and able buyer. List the house yourself of through a local real estate broker. In some cases, it is the right decision just to unload the house to stop foreclosure and focus on repairing your credit until you can purchase a new, more affordable home in a few years.

10. If 1-9 do not work, you can offer the bank a deed in lieu of foreclosure, which means you’re voluntarily giving the property back to the bank and they are agreeing that the property is payment in full of the loan. This is not much better than a foreclosure, and you have to leave the property anyway, but it will prevent the sheriff sale and eviction process. The bank will not be able to ask for any extra money or sue you for a deficiency judgment, because they accept the property itself as satisfaction of the loan.

11. If 1-10 do not work, you can just move out and walk away and forget about the property. This is definitely not recommended if you care about your credit and plan to borrow money for several years, but foreclosure should teach you not to rely on banks to help you out when you face a hardship. All they really do is promise great deals when you think of going with them, and then throw you to the foreclosure dogs if you miss a payment. Many homeowners simply walk away because the foreclosure situation is so intimidating, but, as listed above, there are numerous options that are better than just giving up on the property.

Those are the most common options that can be used to stop foreclosure. There are a few others (suing your bank, etc.), but they involve much more cost and legal involvement and may not end up stopping the foreclosure process in the end.

Good luck.
ForeclosureFish

How to stop foreclosure process

There are a myriad of ways that unforeseen hardships can change the joy of owning a home into an incredible burden. Maybe you’ve lost your job, or have unexpected medical bills beginning to pile up, or your monthly mortgage payments have increased beyond your current budget. No matter what the cause of your troubles, ignoring the problem won’t help, it will only make it worse. You must act quickly to resolve the issue.

The following are a few examples of how to stop a foreclosure on your home:

1. Look for Other Sources – Most homeowners don’t realize they have a variety of resources that can aid in making mortgage payments to avoid foreclosure. Consider the income created by unemployment or disability insurance and your savings as possible cash-flow resources. Other examples include slashing the household budget by trading in expensive items like cars, boats, and motorcycles for cash. Even retirement funds can be used, but beware that many people with access to their retirement funds can be penalized for early withdraw and face increased income taxes.

2. Contact Your Lender – If you have reviewed all possibilities of creating cash-flow to pay your mortgage, then it’s time to reach out to your lender. Do this as soon as possible! Your ultimate goal in contacting your lender is to create an agreement that will alter your mortgage so that foreclosure proceedings can be stopped before they are finalized.

3. Review the Options – After contacting your lender, or in some cases the servicing company that handles the loan for an investor, you may have other options available. Typically lenders are not required to make adjustments to your loan, but many will consider it a viable option–one that benefits the lender and you and can include refinancing.

Possible options to discuss with your lender include:

    • Deed in Lieu of Foreclosure – In this option, your lender may accept the return of the title to your home, but beware that the lender may still sue for loss and report any uncollected funds due to loss to the IRS as taxable income to you. This option may have negative effects on your credit report.
    • Claim Advance – If you have a private mortgage lender, they will often provide a cash advance to bring your loan payments up to date. Sometimes this money is interest free and may not have to be repaid for years.
    • Re-Amortization – In this option the payments you have missed are added to the balance of the loan, making your account current. Your debt will increase and your monthly payments will be higher unless the lender also agrees to extend the term of the loan.
    • Short Sale – Considered by many one of the best options available to avoid foreclosure, the short sale is an increasingly popular option. In this option, the lender accepts less than what you owe on the property, relieving the homeowner of debt. Lenders are often willing to accept a short sale because it greatly reduces the expense and time involved in foreclosure proceedings. In most cases, a short sale does less damage to your credit than a foreclosure. A qualified REALTOR® will be exceptionally helpful in completing the short sale process with you.

One note of warning, beware of any company claiming that they guarantee they can stop any foreclosure no matter what you owe. The Federal Trade Commission recently compiled a list of warning signs that a “foreclosure fixer” company may be a scheme. Those warnings include any company that requires you to pay for services upfront, tells you to send mortgage payments to it directly, or asks you to turn over the property deed, or tells you to avoid contacting your lender directly.

*This article is already published at http://www.stopforeclosurehenrycounty.com

Judicial Foreclosure in Pennsylvania

Judicial Foreclosure in Pennsylvania

In Pennsylvania, the lender must send a notice of intent to foreclose to the borrower before any foreclosure proceedings may begin.

The notice of intent must be sent, by first class mail, to the borrower, at their last known address and if different, to the property secured by the mortgage. The notice should not be sent until the borrower is at least sixty (60) days behind in their mortgage payments.

In the notice, the lender must make the borrower aware that his or her mortgage is in default and that it is their (the lender’s) intention to accelerate the mortgage payments if the borrower does not cure the default within thirty (30) days. This means that the remaining balance of the original mortgage will come due immediately.

If the borrower does not cure the default by paying the past due amount, plus any late charges that have accrued, within the thirty (30) days, the lender may then file a suit to try and obtain a court order to foreclose on the property.

If the court finds in favor of the lender and issues an order of sale, the property will be sold at a Sheriff’s sale under the guidelines established by the court. The borrower has the right to cure the default and prevent the sale at any time up to one hour before the Sheriff’s foreclosure sale.

Lenders have up to six months after the foreclosure sale to file for a deficiency judgment. Borrowers have no rights of redemption once the foreclosure sale is complete.

About the author:
This article is originally published at www.stopforeclosurecenter.com

Stop Foreclosure Part 1

Stop Foreclosure Part 1

Here are 4 steps you can take right now to escape foreclosure:

1. Talk to your bank when you first get behind. You want o put this behind you and not let this get out of hand. You want all of the stresses to go away, however, if you do not talk to the bank and be open to different options, the matter will only continue to get worse. I have seen people avoid the bank at all costs at first believing there will be this miracle to happen, only in the end to find out it is too late for them to do anything. I do believe in miracles. I do believe that you have to be proactive and looking for that miracle before it will be given to you. The longer you wait, the more the fees that you will incur. Attorney fees run around $1600 for the bank to conduct a foreclosure. If you wait to reinstate at the last minute, you are the one that has to pay for these fees.

2. Ask the bank for a forbearance agreement. This is an agreement to help you get caught up on the monthly payment. For example, if you were 4 months behind on your house payment, the bank may be willing to stop the process if you were to bring 2 months worth of payments in. Usually, the bank will require you to get your tax returns and fill out some paperwork to do this. If so, fill out the paperwork completely and get it back to them as soon as possible. If you are not sure about a question, call the representative that you are working with. Be responsible and take action. Bank representatives are only human, they are given 200 foreclosure files every month to try to resolve. So be patient with the person you are dealing. Do not scream or yell your frustrations, as this will only cause more problems for yourself. So be understanding, explain to them that you understand how hard their job is and this will create a bond with the person you are dealing with which is important because this will be the person that is going to bat for you when they talk about getting approvals with their boss. There are companies out there charging fees up front for doing this. Do not pay anyone up front to negotiate with the bank a forbearance agreement. The people that want the money up front will not make any guarantee while you are out $300-$400, this puts you taking all the risk for someone else to get the situation resolved. If you want to go this route, then hire someone that gets paid on performance after they have worked out a possible solution. Usually these consultants will work harder to get your situation resolved because their pay will depend on it.

3. Refinance you current loan or getting a 2nd mortgage. This is a very unlikely scenario, but I have seen it happen. Usually, if you are in foreclosure, there is only a slim chance to getting a refinance or another loan. You really have to look within to see if this is a real solution or if it just going to overload you even more. Imagine having another payment that you have to worry about plus all of your existing payments, how does it make you feel? Be sure to be real with yourself. Do not overestimate and say ‘well I am going to work more hours to pay for this’ or ‘I am going to go get another job so that I can pay for it’. You have more to worry about than just your pride and your home. You may have a wife or a family that solely depends on you. If so, be real with yourself, ask for help and move on to get a fresh start. In addition, your health is also more important than any house or financial obligation could ever be. Do you have any idea what kind of impact these types of stresses have on your health? I can assure you it is not favorable. So, be real and be committed to getting the problem resolved for good. Look at the big picture instead of the short-term view.

4. Sell your home. I know sometimes this can be a tough decision, because you may have raised your family in the home or you may have inherited it. However, do not let the emotional attachment limit your options. For example, many people are so emotional about their home, they don’t even consider selling until it is to late. I do not want you to have to sell or to find another place, however if you are running out of options, then consider this one. If you are not selling because you feel that you have a lot of equity, the amount of equity that you truly have is getting lesser by the day. Why? Because, it takes an average home buyer a minimum of 30 days to close their loan. The average home in the United States will sit on the market for an average of 120 days. Which means, on average, it will take you nearly 6 months to sell a home and then when you sell you will not get the full amount. Then you have to pay attorney fees, realtor fees, title fees, taxes, and deed preparation fees, not to mention your regular monthly obligations that you have by having the house such as insurance, taxes, and your regular payments. Finally, if you are trying to sell your property, let the bank know that you have the property on the market to sell. If they know you are making an honest attempt to sell and get out from under the debt, while paying them off, they will be more willing to work with you.

About the author:
John Davis – Now you can stop your home foreclosure.
Free Report Tells you “How to Win The War Against Your Lender and stop Foreclosure!”
John Davis owns 48hourclose.com: a website devoted to helping families that are facing foreclosure.

Stop Foreclosure On Your Home With Professional Assistance

stop foreclosure - save your homeThere are alternatives available for you to stop foreclosure on your home by utilizing the services of a professional foreclosure prevention company. Many people have no idea what to do when facing foreclosure and have no idea how to stop foreclosure. This is where professional assistance is needed so that you don’t make the wrong decision and ruin your credit rating for many years to come.

There are ways to stop foreclosure that the average person is not aware of and those are the same people that end up walking away from their home, when there were other options available. The first step would be to talk with your lender to see if they are willing to help you stop foreclosure, but after that, you need to enlist the help of a professional foreclosure prevention company.

These companies often will offer FREE advice and FREE consultations. You have to be leery of any scams that are out there where they ask for a lump sum up front, making you promises without knowing your particular situation. Since every circumstance is different, it is important to know all of the details to find the best option to stop foreclosure.

A foreclosure prevention company that has local representatives that you can meet with is the best option, since they will know the particular alternatives available in your area or state. Many of these have websites and toll free numbers to make it easy to set up an appointment for a FREE consultation, with no obligation.

They can explain loan modifications, reinstatements, selling options, refinancing options and ways to stop foreclosure proceedings. You don’t need a mortgage broker or re-financing company at this point, since those are often not the best options and could be a waste of money on an appraisal for a loan you won’t qualify for, close on, or have enough equity to make it work.

There are other ways to stop foreclosure that are easily affordable and better options that losing your home or filing bankruptcy. Until you know the best options for your situation, you should not make any major decisions that may be irreversible. By talking with a professional foreclosure prevention company, you will be better informed and have the peace of mind in knowing you are making the right decision.

There are sources of free information on the internet, and the best foreclosure prevention companies offer free reports, in addition to the free articles. This can help you with general options and pitfalls to avoid.

A foreclosure prevention company is happy to give you the sound advice you need for this most important decision and help you stop foreclosure and save your home. Whether you want to sell your home or stay in it, a foreclosure prevention company can help you stop foreclosure and make your life less stressful.

About the author:
By: stopoaj, article source.

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