Archive for the ‘Finance’ Category

Five Tips to Stop Home Foreclosure

Thursday, April 1st, 2010

foreclosure
Author asked:


Advice for Homeowners That Want to Save Their Home

Facing a home foreclosure can be a very scary experience. While foreclosure laws differ from state to state, good foreclosure advice can help almost anyone in this terrible situation. In this article we will explain 5 of the most commons things you should know if you plan to stop home foreclosure and remain in your home.

Five Tips to Avoiding Home Foreclosure

1. Do Not Avoid Your Lender

It is human nature to avoid any situation we feel we are not equipped to deal with. However, if you are behind on mortgage payments and need to stop home foreclosure to remain in your home, avoiding the situation is only counterproductive. Once the foreclosure process has begun, the only thing that will stop the foreclosure process is for you to do something. If you choose to avoid your lender and do nothing to stop the foreclosure, then the foreclosure process will inevitably take your home. Stay in touch with your lender, and provide them with current and accurate contact information.

2. When You First Fall Behind on Your Mortgage Payments, Write Your Lender a Hardship Letter

Lenders are people just like you and I. If some owed you money and could not pay, you would feel much better if they communicated with you and explained their current situation and when they may be able to repay you. Lenders are no different. Many homeowners who refuse seek foreclosure advice do not realize that by writing a Hardship Letter and sending it to your lender, you may me able to delay or even avoid foreclosure. If your financial situation will be improving soon, your lender may decide to give you some additional time to catch up your payments. The best way to stop home foreclosure is to avoid foreclosure altogether.

3. Ask Your Lender if They Can Offer You About Any Foreclosure Advice or Foreclosure Alternatives

You are not the first person to fall behind on mortgage payments, and you won’t be the last. Many lenders have Workout Departments that can give free foreclosure help that can help you stop home foreclosure or avoid foreclosure altogether. Before you talk to an attorney or consider filing bankruptcy to stop foreclosure, find out if your lender can offer you free foreclosure advice and get you back on track.

4. If You Get Foreclosure Advice From a Third Party, Avoid Foreclosure Scams At All Cost

The big problem with a scam artist is that they look and sound like legitimate business people! There are more “Avoid Foreclosure” and “Pay Us To Stop Home Foreclosure” scams than ever more. As foreclosure rates rise and more and more owners seek foreclosure alternatives to help stop home foreclosure, the number of scams will only increase. The best way to avoid foreclosure scams to make sure you are dealing with a company that will at least provide an initial free consultation, references, and has been in business at least two years. Avoiding foreclosure scam artist that can ask for large amounts of money up front or promise to stop home foreclosure as soon as they receive payment can save you time and money.

5. If Possible, Keep Your Other Bills Current

There are many legitimate companies that offer financial help or loans for people in foreclosure. They can help stop home foreclosure by loaning the money you need to catch up on your mortgage payments or by refinancing your property with a new loan, thus paying of your lender and avoiding foreclosure. If you are behind on all of your bills, your credit score will most likely be too low to qualify for this type of loan, called a Foreclosure Bailout (a special type of loan designed specifically for people in foreclosure). I have seen consumers with a mortgage and several other small monthly payments (less than $20) lose their home because they stopped paying all of their bills. Avoiding foreclosure with a loan is one of the best ways to save your home, so if you can stay current on your other bills this is a viable option to stop home foreclosure and is some of the best foreclosure advice anyone can give you.



Foreclosure – Where Can You Seek Help

Wednesday, March 3rd, 2010

into foreclosure
Paul Hata asked:


Are you facing foreclosure?If you have received an intent to foreclose notice from your bank, you may be feeling a wide array of emotions.These emotions may include fear, anger, and sadness.Regardless of how you feel about the situation, now is the time to take action. Depending on how soon you act, as well as what steps you take, you may be able to avoid foreclosure.

When facing foreclosure, one of the first places you should turn to is that of the United States Department of Housing and Urban Development, also known as HUD. There you will find experts who can help to point you in the right direction. One direction that you may be pointed to is that of a HUD approved housing counselor. A HUD approved housing counselor can give you tips on how to avoid foreclosure. However, if you have reached the point where foreclosure cannot be stopped, assistance on picking up the pieces and finding a new home will be provided.

Another professional that homeowners facing foreclosure should turn is to that of an attorney. Should you decide to contact an attorney for legal advice, it is vital that you select one who has experience dealing with real estate and foreclosure cases. As for how a lawyer can help you, they may be able to stop the foreclosure process. There are a number of ways this can be accomplished. An attorney can and should be contacted in the event you find yourself a victim of a foreclosure scam or if you feel you are being discriminated against by your mortgage lender.

Although it is best that you seek professional assistance, such as the assistance of an attorney or a HUD approved housing counselor, you may want to turn to those around you. As embarrassing as it may be to admit that you may lose your home, now is the time to receive support and encouragement from close friends and family members. In fact, they may be able to help you avoid foreclosure. Can you borrow money from someone that you know? If so, just make sure that you pay it back and in a timely matter.

Returning back to seeking professional foreclosure advice and assistance, real estate agents can also be approached. However, it is best if they are contacted as soon as you notice a problem. If you suspect you may fall victim to foreclosure, contact a real estate agent immediately. Before your home enters into the official foreclosure stage, it is known as being in pre-foreclosure. You can still try to sell your home. You can list your home as for sale by owner, but the knowledge and expertise of a professional real estate agent can help you sell your home faster.

Out of all of the places that you should turn to seek assistance with avoiding foreclosure, the bank is the most important. Financial lenders want to avoid foreclosure. Why? Because they almost always lose money on the sale of foreclosed properties. For that reason, schedule a meeting, in person, with your lender. Make sure you meet with someone who is high ranking in the branch, such as the bank president or the chief loan officer. If you can prove that your financial hardships are only temporary, do so. This may help to convince your mortgage lender to give you more time.

The internet can also be used to seek foreclose help and assistance. When using the internet, it is important to proceed with caution. You, honestly, never know if what you find online is true. With that said, many states clearly outline their foreclosure laws and homeowner options on their websites. You may also find detailed information online from homeowners who have been in the same place as you, facing foreclosure. Other homeowners may share the ways that they were able to successfully stop foreclosure. In addition to carefully reviewing all information provided to you, do not pay anything. Foreclosure advice can easily be found online free of charge.



Tuesday, February 16th, 2010

into foreclosure
Paul Hata asked:


In the United States, foreclosures are hitting an all-time high. What does this mean? It means that you may be impacted, if you haven’t already been. When it comes to foreclosures, many homeowners and renters do not know where to turn. There may come a point in time when you need to consult with or hire an attorney.

Most media attention surrounding foreclosures is focused on the property owner. Yes, many of the individuals facing foreclosure are owners of single-family homes that they live in, but not always.

A large number of rental property owners are finding themselves in foreclosure. As a renter, you may be curious as to what your rights are. If you want professional assistance, an attorney should be contacted.

In keeping with renters facing eviction due to foreclosure, proper notice must be given. Regardless of who is trying to have you evicted, whether it be the bank or the new property owner, proper notification is a must. In most states, a written, legal eviction notice is needed.

Depending on your state, you may be given up to a month or more to move. Generally, you will not be expected to move out overnight. Also, until an eviction notice has been served, you cannot have your belongings moved from your apartment or have your utilities shut off. If this occurs, contact an attorney right away.

If you are a homeowner facing foreclosure, it may be in your best interest to consult with an attorney right away. As soon as your bank issues intent of foreclosure, it is best to explore your legal options. Remember, however, that you may want to work out an agreement with your financial lender, as they too want to avoid foreclosure.

One of the many reasons why you are encouraged to contact a lawyer, namely one who specializes in foreclosure, is because they have legal tricks up their sleeve. A lawyer can help you stop foreclosure proceedings in their tracks.

One of the ways that this is done is by declaring bankruptcy. Bankruptcy can temporarily put a hold on foreclosure proceedings. In some states, homeowners can receive protection when filing for bankruptcy, meaning that their home cannot be touched. Since there are various rules and restrictions concerning this exemption, professional legal advice is recommended.

Unfortunately, another issue that homeowners facing foreclosure have to deal with are foreclosure scams. There are individuals and companies out there who claim to be professionals who can help you get back on track. They may offer to buy your home or and draft up a new mortgage for you. Many times though, homeowners end up paying more money than before. Do not let yourself become a victim and if you do, contact an attorney immediately.

Better yet, companies implementing the above mentioned foreclosure scams will require that you sign documents, which may essentially turn over ownership to them. Never sign anything without reading it yourself, but have an attorney take a look as well.

When doing so, do not use the lawyer recommended to you. Instead, choose a lawyer that is locally based and well-known and trusted throughout your community. Ask those that you know for recommendations or find ratings and reviews online.

As previously stated, you may want to contact an attorney who specializes in foreclosures as soon as you spot trouble on the horizon.This is important, as even the best lawyers have their hands tied when the foreclosure proceedings actually start.

Remember that a warning of intend to start foreclosure, does not mean that the process has already started. That is why it is vital that you seek professional advice as soon as possible.

In short, a lawyer specializing in foreclosures can provide legal assistance to both renters and homeowners. Don’t let yourself fall victim to foreclosure scams or get taken advantage of by your financial lender or landlord; be sure to seek legal help and do it fast.



Wednesday, January 20th, 2010

foreclosure
Peter Baptiste asked:


(c) 2008 Peter Baptiste

Do you want to keep your home from going into foreclosure? Millions of people have foreclosed on homes across the nation. There are many reasons for this. There are ways to avoid foreclosure if you are serious about saving your home. These methods include loan reinstatement, forbearance, and a loan modification. The loan reinstatement is the most common way to save your home from foreclosure through the bank.

Many of the things you should consider when your home is going into foreclosure include: – The foreclosure process – Tips on Saving Your Home

The foreclosure process can take up to a year for some people. This is because there are many steps of the foreclosure process. Not every home forecloses in exactly the same amount of time. This process can take six months for some homes and a year for others.

When a foreclosure begins a bank will issue a statement of claim because you have missed at least three payments on your mortgage. Your ability to service the financing of your home will be questioned. The second phase of a foreclosure is when the statement of claim is served to you. The third step of a foreclosure is the bank demanding you sell the home. This will be stated inside of the statement of claim. The bank will give you time to try to sell the home. This timeframe can be up to six months. This period is usually called the redemption period. Toward the end of this period the fifth step is the Order of Sale. This documentation will be served to you as a homeowner. This will include a date when the bank is going to sell the home through an auction at the county courthouse in your local county. The final period is when the home is sold through the auction and you are required to move out of the home. This entire process can be very lengthy.

Some people are not serious about saving their home. Because of the length of time it takes before you will be legally removed from the home, some people live in the home for free right up until the day the home is sold at the auction. If you want to keep your home you should not let the home get past the third stage of the foreclosure process.

There are three primary methods you can save your home from foreclosure. These three methods include loan reinstatement, forbearance, and loan modification. If you are serious about keeping your home you should look at these three options and determine which method is right for you.

The forbearance agreement is a common way a homeowner can save their home. This agreement is made between the bank and the homeowner. The homeowner commonly has an emergency in the household that prevents them from making the monthly payments. They make an agreement with the bank to catch up on the arrearages by making larger monthly payments on the home loan until they are caught up. The bank will usually give the homeowner a six month period. This could double the payments in some cases and may not even be affordable for you. When you agree with the bank on a forbearance agreement it does not stop the foreclosure process. This puts the foreclosure on hold until you are entirely caught up with your payments. If you do not make the promised payments your home will go through with the foreclosure process.

A loan modification used to be the most common method of resolving the problems of foreclosure in the past. This method allows the lender to issue a new home loan agreement with you where all of the arrearages are added to the end of the loan. This would extend the life of the loan but the homeowner can continue making their payments as if they were never behind and everyone wins. This is not a common solution anymore and banks rarely agree to allowing a homeowner have a loan modification.

The loan reinstatement is the third way you can save your home from foreclosing. This method is when the lender has initiated the process of foreclosure and you find a way to pay back all of the missed payments, late fees, attorney costs, etc. These amounts must be paid back in full and zeroed out in order for it to be valid.

There are many positive sides to the loan reinstatement you might consider. These include being able to keep your home without the worry of losing it to a foreclosure. You are back at square one with your monthly mortgage payments. You are not behind and you don’t owe any additional money for late fees or anything else. This is the best method and banks are usually willing to accept this method if you can come up with the payments to catch up.

There is a downside to the loan reinstatement that you might want to consider. The downside is that if you have to borrow the money to be able to pay the bank all of the money you now owe someone else. This may be another monthly payment for you. If you are in the foreclosure process because your monthly payments are difficult to be able to afford you might have a hard time making payments on an additional loan too.

The loan reinstatement method of saving your home from a foreclosure is the most expensive way to save your home and be able to keep it. It is important to remember that if you take a loan out to save your home then you must give the bank the entire amount you owe them including the fees. Do not just pay back the monthly payments you missed or the home may continue to go into the foreclosure process. A bank will not work with you on the loan reinstatement unless you zero the balance out.

You should be sure you can afford to come up with all of the money in this process also. If you really cannot afford to do this you might be digging an even bigger hole than you expected. It may be inevitable that your home goes into foreclosure but you are denying that you really cannot afford it. It is important to know for sure that you really can afford to save your home through the loan reinstatement program.

A loan reinstatement is the most commonly accepted method of saving your home if the bank has started the foreclosure process. It isn’t common for banks to agree to other methods because they want their money. You should be sure that you really can afford your home if you can get out of the hole you are in before you decide to pay off the entire debt.



Foreclosure: What is It? and How to Avoid it

Friday, January 15th, 2010

foreclosure
Troy Foote asked:


(c) 2008 Troy Foote

To understand the foreclosure process one must know what it is first. So what is the definition of foreclosure? Simply put, the foreclosure process as applied to residential mortgage loans is a bank or other secured creditor selling or repossessing a parcel of real property (immovable property) after the owner has failed to comply with an agreement between the lender and borrower called a “mortgage” or “deed of trust”.

Within the United States and many other countries, several types of foreclosure exist. Two of them – namely, by judicial sale and by power of sale – are widely used, but other modes of foreclosure are also possible in a few states.

The process of foreclosure can be rapid or lengthy and varies from state to state. Other options such as refinancing, alternate financing, temporary arrangements with the lender, or even bankruptcy may present homeowners with ways to avoid foreclosure.

The number of households in foreclosure increased 79 percent in 2007, and that number is increasing for 2008! So how does the foreclosure process end? Well it can end in one of four ways:

1.The borrower/owner reinstates the loan by paying off the default amount during the grace period.

2.The borrower/owner sells the property to a third party during the pre-foreclosure period The sale allows the borrower/owner to pay off the loan and avoid having a foreclosure on his or her credit history.

3. A third party buys the property at a public auction at the end of the pre-foreclosure period.

4. The lender can take ownership either through an agreement with the borrower/owner during pre-foreclosure, via a short sale foreclosure or by buying back the property at the public auction.

Remember that understanding foreclosures is the first step for homeowners to stop foreclosure. As long as real estate prices, which are pretty much dictated by real estate buyers, continue to decline, there will be increased numbers of defaults and foreclosures.

Few choose to go into foreclosure voluntarily. It’s often an unpredictable result from one of the following: Laid-off, fired or quit job. Inability to continue working due to medical conditions. Excessive debt and mounting bill obligations. Squabbles with co-owner, divorce or job transfer to another state.

So how do you avoid foreclosure?

The best way to avoid foreclosure is to prevent the filing of a Notice of Default. That is why it is better for you to call your lender before falling behind on your payments, because lenders are often reluctant to work out repayment schedules after foreclosure proceedings have been commenced. You will be given a certain time period to bring the payments current, pay the costs of filing the foreclosure and stop the foreclosure.

No one expects to lose their house to foreclosure, but by understanding the foreclosure process and what may lead up to it, you can be in a better position to recognize and address potential problems that may impact your ability to make every mortgage payment on time.

Learn to recognize the warning signs of foreclosure. Know what early steps you can take to avoid foreclosure. If you are in the midst of a foreclosure, know the dos and don’ts. Know where to get help in dealing with issues that could lead to foreclosure. The time to develop a backup plan is not when things have gotten so bad that you are facing foreclosure, but when things are going well and you can prepare for the unexpected “what if’s” that happen in life.

Nearly four out of ten sub prime ARM loans are a month or more late, or in foreclosure. And sub prime ARMs account for 39% of the loans that fell into foreclosure during the quarter. Prime fixed-rate loans, which are considered very low risk, have also seen sharp increases in their delinquency and foreclosure rates, although they are performing far better than the riskier loans on the market.

There are 431,000 prime loans in foreclosure. This marks the sixth straight quarter in which a record percentage of loans went into foreclosure. Nearly half of the homes in foreclosure are concentrated in six states. Those four states have nearly 400,000 homes in foreclosure, or a third of the nationwide total. Ohio has about 61,000 homes in foreclosure, while Michigan has about 54,000. The rate of homes going into foreclosure in Ohio and Michigan was narrowly lower than it was in the fourth quarter, and 18 other states also saw a decline in that rate.

Both foreclosures and deficiency judgments could seriously affect your ability to qualify for credit in the future. So you should avoid foreclosure if at all possible.



Friday, January 15th, 2010

into foreclosure
Jerbob Johnsen asked:


Foreclosures – the word that can strike panic in the heart of a home owner. Unfortunately, the housing market is going through a very painful adjustment. The number of foreclosure filings reported in the U.S. last month more than doubled when compared to August 2006. This represents a 36 percent from July 2007 to August 2007. The sad news is there is beginning of a trend that signals many homeowners are increasingly unable to make timely payments on their mortgages or sell their homes amid a national housing slump. It is as if there is no end in site.

There was a total of 243,947 foreclosure listings reported in August 2007 which is up 115% from 113,300 in the same month a year ago according to Irvine, Calif.-based RealtyTrac Inc. All of us know someone who has been affected by the lost of their home through foreclosure. It doesn’t appear that anyone is immune to the possibility of foreclosure.

There is a silver lining because of all the foreclosures on the market. Today’s market also provides some excellent money making opportunities for people who buy and sell foreclosure homes. Where does one go to find information on foreclosed homes? There are several websites that provide the consumer and realtors an opportunity to review their homes in foreclosure list. Some of the services are free but others require a monthly subscription. The point is the information is available. As with any business you need to do your research.

Buying foreclosure properties requires some knowledge of the process but once learned, the profits to be earned from foreclosed houses can be significant. Buying homes in foreclosure training is readily available on the web. These courses will also teach you about pre-foreclosure homes and how to approach the mortgage company to buy short sell. Buying that first foreclosed home may be somewhat intimidating but remember to take it slow so you understand the entire process as it moves forward.

Starting a foreclosure business is not as hard as you think. Our step by step guide will provide you with the necessary information and foreclosure training to start your own business to buy foreclosures and turn them around for a profit. Unfortunately, the market for foreclosed homes is large and growing. This provides the opportunity for the person to help people out as well as make money.

There are homeowners guide to foreclosure available that will provide the homeowner with the necessary information to stop foreclosure. You can learn how to negotiate with the mortgage company regarding short sell of your home. Read about pre-foreclosure and what takes place during this and how to prevent it. Maybe this information is what you need to help you during your time of need.

The web is loaded with information regarding foreclosure but remember, to verify the information. Needless to say, some of it may not be correct. You will be able to profit from pre-foreclosures as well as even finding a home for yourself from our foreclosure listing. If you are a homeowner, then you will find information to help take a bad situation and turn it into something good. This may be the time to own your own foreclosure business.



Wednesday, December 23rd, 2009

into foreclosure
Antony White asked:


Those who are on the verge of losing their home due to foreclosure have a silver lining in the form of a foreclosure loan. It is never too late to get out of the financial crisis of a foreclosure and there are banks and lending institutions that have special foreclosure loan programs to help such needy people.

The funds for a foreclosure loan are obtained from additional funds from certain companies that are keen to work with certain people. The companies pay off the old loan and offer a new loan whose monthly payments stretch for a longer duration with the result, the monthly installments are reduced, giving a breathing time for the borrower.

There are various plans that are suitable and affordable to different borrowers. Such foreclosure loans are available under certain conditions from the bank or lending institution. Some private lenders also offer foreclosure loans. Banks offer foreclosure loans and are eager to bring the borrower out of the crisis for another reason. If the borrower is not in a position to pay the debt and loses the home due to foreclosure, the banks would have a significant number of such homes that would become more than manageable for them. Hence, the banks would only be keen on clearing off foreclosure homes that come under their jurisdiction.

The banks also have references of many private lenders and would be ready to reveal them so that a workable foreclosure loan can be achieved. But before starting to apply for a foreclosure loan, it would be better to ascertain whether it is really important to stay in that home and seek a loan. If the borrower decides to cling on to the home and avoid foreclosure, then it is good to seek professional advice from the professional rendering assistance and think calmly to overcome the financial crisis.

The bank can be approached for a foreclosure loan who would offer the loan to offset the current debt- may be even other expenses can be met. But the bank would insert provisions in the loan agreement to ensure prompt payments in installments that is conducive to the borrower. The borrower may not get bargain loans, nevertheless, he can rest assured that he would get enough funds to set off the debts and also meet the immediate expenses.

Foreclosure loans can also be utilized when a person wants to buy a home under foreclosure and is in short of funds. Again, a foreclosure loan would help to buy the home and even if he spends certain amount on repair works and construction costs and if he sells at a good value, he can pay off all the loans and still walk away with excess amount in hand.



Tuesday, December 22nd, 2009

foreclosure
Groshan Fabiola asked:


For most of us in the middle class, building a home is a lifetime project. Most of us plough the major part of our savings into making the dream home where we can hope to be safe, and comfortable. But what if those very dreams are threatened by foreclosure? We can stop foreclosure in many cases. With some foreclosure help, you’ll know what to do in the situation to prevent foreclosure from snatching your home.

One important thing you need to remember is that to stop foreclosure, you are going to have to repay back that loan. All the measures that you can take will only help to delay, or reschedule the repayments. They will not give you a free ticket to keep your home. So seek foreclosure help only if your intent is to ultimate repay the loan.

Here’s another reason why you will want to avoid foreclosure. Foreclosure not only takes away your property it also lowers your credit ranking. Once you’ve gone through foreclosure, it will be harder for you to get loans. That’s why it is even more important for you to seek foreclosure help and stop foreclosure to save your credit rating.

The first thing that you should do to stop foreclosure is talk to your lender. Most lenders don’t want to go for foreclosure because it’s a tedious process and often results in a loss for them. They’d rather have you repay the loan. If you explain your financial predicament to the lender, and also give them a reasonable time period in which you can start repaying your loan, you won’t even need foreclosure help as the lender might agree to reschedule your payments.

The second thing you need to do is to continue living in the home that threatened by foreclosure. If you live in the house, the lender will find it harder to foreclose. So to stop foreclosure, and to force the lender to be more generous with the deal they give you, live in the house. That’s what you’ll hear when you seek professional foreclosure help.

One of the most viable options to re-work your debt is to ask for special forbearance. If you can show conclusive evidence to your lender that there’s a negative change in your financial position, or your living expenses have gone up, the lender might give you this options and you’ll be able to stop foreclosure. Under this system the lender will temporarily reduce your repayments or even suspend them for a while. You’ll also have to show the lender that you’ll be able stick to the new plan.

The second option is to modify your mortgage and increase the loan’s term. Stretched over a longer term, the monthly installments will go down. You’ll have to convince the lender that you’ll stick to the new payment plan to stop foreclosure. So if you think you can repay your loan over a longer period of time, contact your lender for foreclosure help.

The third option is to seek a little help from FHA insurance fund. The lender can ask the insurance fund to pay some amount on your behalf to bring your mortgage to current levels. You’ll have to sign an promissory note and pay back FHA later. The amount that FHA gives you is interest free. Seeking foreclosure help this way is viable if you really wan to stop foreclosure.

For more resources about stop foreclosure or even about foreclosure help please review this page http://www.delaybankforeclosure.com



Monday, December 21st, 2009

foreclosure
Lloyd Segal asked:


Most homeowners believe that foreclosure laws are designed to hurt rather than help them. Not so. The secret is that foreclosure laws have evolved to protect the borrower–not the lender. There, I’ve said it. The secret is out! Now listen closely and understand why I say this. The foreclosure process gives you, the borrower, specific periods of time in which to:

• bring your loan current by making up the missed payments (known as “reinstatement”), or

• pay off your loan in its entirety (called “redemption”).

If neither of these options is feasible, you will still have time to prevent your property from being sold at a public auction (the foreclosure sale).

You will get the most benefit out of the foreclosure process if you envision this secret as a “window of opportunity” to resolve your financial problems. During this window of opportunity, you have time to learn about the foreclosure process and implement a strategy to stop the foreclosure.



Another basic misconception about foreclosure is that lenders want to foreclose. Nothing could be further from the truth! Lenders are in the business of loaning money–not owning real estate.

They don’t want your house back for numerous reasons. Lenders are reluctant to incur the costs of a foreclosure. For example, if your lender is forced to foreclose, it will not only lose your back payments, but it will also incur foreclosure expenses, taxes, insurance, wear and tear while you (or your tenant) live in the

property, repair costs to refurbish the property for sale, and a real estate agent’s commission once the property is sold. As a result, many lenders will go out of their way to work out a resolution–short of actually foreclosing–if you give them the opportunity.

A. Communicate With Your Lender

The secret to stopping your foreclosure is communicating with your lender. With the sudden avalanche of foreclosures and defaults, lenders are more eager than ever before to workout a solution rather than foreclosing. Lenders will do almost anything to avoid increasing their overflowing REO inventory of foreclosed properties.

Don’t shy away because you’ve missed payments, concerned that you will miss some payments in the future, or that your property has already gone into foreclosure. Whether you communicate by telephone, letter, email, fax, or in person, you will have a much easier time stopping (or at the very least, delaying) the foreclosure if you talk to your lender rather than adopting a code of silence.



The secret is to negotiate directly with someone with “authority” at your lender’s office. The first step is to determine who your lender actually is. (This is no small feat these days with lenders selling their loans to other lenders like hot potatoes.) If your property has already gone into foreclosure, the first person you will be dealing with will either be the foreclosing trustee, or the attorney for the lender. If it is a judicial foreclosure, you will most likely be contacted by a process server, sent by the lender’s attorney. If it is a non-judicial foreclosure, the trustee is responsible for handling the foreclosure process. You will need to contact these people.

But the secret is that you will be more successful if you communicate directly with your lender, rather than the trustee or the attorney. So you should request from the trustee or the attorney, the name, telephone number, and address of the foreclosing lender. In the unlikely event that they refuse to disclose the name of your lender, you can look on the Notice of Default, or the summons and complaint, or telephone the customer service department of a local title insurance company.



Another situation may occur where you discover the name of your lender, but it turns out to be a servicing agent rather than the party that actually holds the deed of trust or mortgage. A servicing agent is a company (sometimes it can be a bank, mortgage company, or private corporation) that is hired by the actual lender to “service” the loan, (issuing mortgage statements, payment coupons and late notices, collecting payments, monitoring the impounding of insurance and tax payments, and handling foreclosures if necessary). Fortunately, most servicing agents will disclose the name of the lender. If they won’t, you may be forced to negotiate with the servicing agent.

In the interim, you will receive threatening calls from collection agents at the lender’s office. Do not under any circumstance ignore your lender’s contacts. Your goal should be to respond to every phone call or letter. Difficult as it may be to talk about your financial problems, be polite and cooperative. Follow up all telephone calls with a letter to the person you spoke to, confirming what was said. If you’re not in when a call comes, return it as soon as you can. Use these calls to collect information regarding your lender (i.e. lender’s name, address, phone number, fax number, email address, responsible department or individual).



When you receive a letter from your lender (always keep the original), immediately write a letter in response. The secret here is to establish a paper trail so you can prove to your lender (or a court, if necessary) that you have been cooperative, especially during the initial stages of the foreclosure process.



It is also important to send copies of all of your letters to:

• the lender’s CEO

• the branch manager (if applicable)

• the loan officer who helped you obtain your loan, and

• any other person you know by name at your lender’s office.

B. CONTACTING PEOPLE YOU KNOW AT THE LENDER’S OFFICE

Make sure your letter indicates you are sending copies by typing “cc:” and the name of the person(s) below your signature. Please don’t be hesitant to send copies of your letters to these individuals, as they can’t do anything to help you if they aren’t aware of your predicament. There is a secret to sending copies to other people and showing the “cc” at the bottom of your letters. At the very least, the person you sent the letter to won’t be able to ignore your letter because he or she knows that supervisors have received copies.

Typically, in their initial letters and telephone calls, your lender will state that they have not received your payment(s) and inquire innocently whether or not you have mailed a payment. What you say in response to your lender’s inquiry is another matter. If you already mailed your payment, give your lender the date. If you have not, tell the truth. Your lender in turn will want to know why you haven’t paid, and what date you will be sending a payment. Acknowledge that you are having temporary financial problems and that you won’t be able to make the payments for the next couple of months. Provide a good explanation of your financial difficulties (i.e. layoff, medical emergency, death in the family, loss of business, divorce). Contrary to popular belief, sharing this information will not speed up the foreclosure process. What you say may make the lender more sympathetic to your situation and may delay the foreclosure. At the very least, it will foster a positive atmosphere for negotiations later in the process.



Your lender may warn you that if payments are not made, your loan will go into default. It may also threaten to start foreclosure proceedings unless you bring all of your payments current immediately. Don’t be intimidated. Stay calm and understand that the person you’re dealing with is simply doing his job. At this point, write a letter explaining your financial problem and request an appointment with a senior loan officer to discuss your loan.



Saturday, December 19th, 2009

foreclosure
Charlotte Foreclosure Attorney – Zellers Rudd asked:


Hoeveel tijd moet ik na mijn huis ben verkocht bij een verhinderingsverkoop bewegen? Na de verhinderingsverkoop is er een 10 dag verstoorde bodperiode alvorens de verkoop definitief wordt. Nadat die tijd heeft overgegaan en er geen verstoord bod is geweest wordt de verkoop dan definitief. Op dat punt zullen de derdekoper, de geldschieter, of de verhinderingsbeheerder die het bezit koopt of de koper van het bezit bij de verhinderingsverkoop vertegenwoordigt u dan een brief, waarschijnlijk via aangetekende post met bewijs van ontvangst verzenden verklaart, dat dat u 10 dagen hebt om het huis vrijwillig vrij te maken. Zodra de tien dagenperiode in de brief is verlopen zal de de derdekoper of geldschieter van toepassing zijn op de Bediende van Superieur Hof voor een Orde voor Bezit. Als de Bediende de Orde voor Possession toestaat die order aan de sheriff opdracht zal geven om alle bewoners en hun persoonlijke bezittingen uit het gebouw binnen 7 dagen na ontvangstbewijs te verwijderen. Zo, in hebt u don⠀ ™ t algemeen werkelijk veel tijd, this is de uitzetting process veel korter dan uw typische eigenaar-huurder uitzetting. Als u een week nodig hebt of twee aan overgang naar een andere huis of flat contacteren de beheerder of de koper (contacteer de partij die de tiendaagse berichtbrief) verzendt  en verklaren uw situatie. Zullen zij u het vaakst een beperkte tijd geven om u en uw bezit van de woonplaats te bewegen. Als u niet de inspanning levert om hen te contacteren, zullen zij vlug mogelijk de toepassing voor een Orde voor Bezit zo meer dan waarschijnlijk bewegen. Voor meer informatieon verhindering en verhinderingsalternatieven, gelieve te bezoeken:   http://zellersrudd.com/areas_of_practice/charlotte_foreclosure_alternatives.aspx Â