carlpers2 asked:

Homeowners who are in danger of losing their homes through judicial foreclosure should not forget about the equity that always exists in a mortgaged property represented by the sum of the mortgage payments that the mortgagor no longer makes while the property is in foreclosure (and for several months before and after). This is so even if the property is worth less than the amount owed to the bank. The total amount of these monthly payments to be saved can be considerable, depending on (i …

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Category News | Tags: Tags: Judicial Foreclosure, Mortgage Payments, Property Foreclosure,

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Susan Jan asked:


Foreclosure occurs when you fail to make your payments and the mortgage company takes legal action to repossess your home or property. Mortgage foreclosure may take place if a homeowner, who has taken out a loan, defaults on the mortgage payments. Through the process of mortgage foreclosure, the lender company can take possession of the defaulted home. In case the value of the home is less than the mortgaged amount, the borrower may have to face the ‘deficiency judgment’ to pay the balance amount. Mortgage foreclosure also has a negative impact on the homeowner’s credit score.

Even though you may be facing mortgage foreclosure does not mean you have to lose the house. There are many ways to stop foreclosure when you are faced with mortgage foreclosure on your home. Some ways to avoid foreclosures include forbearance, loan modification, mortgage refinancing, sale of the property, etc.

It is also important that you save your house from mortgage foreclosure in order to maintain a good credit rating. If you have trouble making your mortgage payments, the first thing you need to do is contact your mortgage company and let them know. Prepare all your financial information such as tax returns, bank statement, etc. and do not abandon the property to avoid mortgage foreclosure. You can even have an option to go for a ‘pre-foreclosure’ sale where you simply sell your home before the bank completes the mortgage foreclosure.

To stop foreclosures, there are several other things that a homeowner can do. Homeowners can try and apply for Special Forbearance to avoid foreclosure. This may lead to a revision of the repayment schedule and in some cases the payment may either be revised or suspended. Your lender is not in the business of taking homes through mortgage foreclosure; they make more money by lending your mortgage payment to other homeowners.

If you are familiar with the foreclosure listings in your area, it will make things easier for you when you discuss with your lenders. Foreclosure listings are the lists of foreclosure homes, with comprehensive information and details geared towards potential buyers interested in buying a foreclosure property. Foreclosure listings provide detailed description on various aspects such as the property details, foreclosure information, neighborhood information, sales history, tax information and also the contact information. To find out more on foreclosure listings, the internet is a good place to learn more on the subject.

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Category Non Fiction | Tags: Tags: Mortgage Payments, Mortgage Refinancing, Pre Foreclosure, Ways To Stop Foreclosure,

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Igor Mosyak asked:


Receiving notice that your house is about to be foreclosed upon is one of the most traumatic things you can go through. However, when you sign your mortgage or deed of trust at the real estate closing and it is recorded in your County’s Land Records office, you give your lender the right to foreclose on the property if you default on the loan or fail to repay the loan according to the terms of the loan.  A new foreclosure law went into effect in Maryland on April 4, 2008 and any foreclosure action filed after that date must comply with the new law.  The foreclosure process and your rights in that process under the new law are outlined below.

What Will Happen if my Property is Going Into Foreclosure?

Before the foreclosure is filed

Before a foreclosure action is filed, you as the borrower and property owner should have received notice from the lender that there is a problem with your loan account and from the lender’s attorney that there is a default under the terms of the loan. Many mortgages require the lender to give notice of the default and of your right to remedy the default before filing foreclosure. Do not ignore or delay in responding to any written communication from your mortgage lender. The sooner you contact your lender, the greater the chance you can work out a solution to your situation.

In Maryland, before the lender can file a foreclosure case against your property, the lender must:

-Wait 90 days from the date that your loan is in default; and -Send you a Notice of Intent to Foreclose 45 days before the foreclosure case is filed.

-The Notice of Intent to Foreclose will provide you with important information about why your loan is in default, the amount you owe to bring your loan current, the last payment received, contact information for the lender or secured party, for the mortgage servicer that collects your mortgage payments and for the department that can help you work out your default (the loss mitigation department).

Filing the foreclosure case

To begin a foreclosure case, the lender must file the foreclosure with the Circuit Court in the county in which the property is located.  The lender must file the following documents with the court:

-Statement of debt, under oath, which itemizes the entire amount the lender claims is due under the loan. This will usually include principal, interest, late charges, attorneys’ fees and all other charges that the borrower is responsible for under the mortgage;

-Certification that the property owner is not a member of the military service. Under a federal law, commonly known as the Soldiers’ and Sailors’ Civil Relief Act, members of the military service have specific rights when lawsuits are brought against them (including foreclosure proceedings) since they may not be in the U.S. due to a military assignment and unable to adequately defend their interests;



If you are a member of the military service and find a property owned by you is the subject of a foreclosure action, you should ask an attorney what additional rights you may have as a result of this federal statute.

-Statement, under oath, that indicates the date of default, the nature of the default and the date the Notice of Intent to Foreclose was sent;

-A copy of the Notice of Intent to Foreclose;

-Original or certified copy of the mortgage or deed of trust;

-Copy of the debt instrument and an affidavit of ownership;

-Original or certified copy of the assignment of the mortgage if applicable;

-The mortgage lender and originator’s license number if applicable; and

-A uniform Notice regarding the filing of the foreclosure action

Serving the Property Owner

The lender must personally serve you with all the papers filed when the case was docketed with the court.  If the lender is unable to serve you after two good faith attempts on two separate days, the lender may file an affidavit with the court describing the attempts made to serve you and the lender may then serve you by sending you a copy of the court papers, by both certified and first class mail AND by posting the court papers on the property.

Before a Foreclosure Sale can be held

Before a foreclosure sale can be held, the lender must:

-Wait 45 days from the time the defendant was served.

-Publish a Notice of Sale for three successive weeks in a newspaper of general circulation in the county where the action is pending. The first advertisement should be published not less than 15 days prior to the date of sale and the last advertisement should be published not more than 7 days prior to the date of sale.

-Send a notice of the date of sale to the homeowner by certified and first class mail of the time, place, and terms of the pending foreclosure sale. This notice must be sent no later than 10 days prior to the scheduled sale date. Failure to receive the notice or to sign for it will not stop the foreclosure.

-Accept from the homeowner payment of the funds due to cure the default up to one business day before the sale.  Payment of this amount which includes missed payments, late fees and costs will stop the foreclosure sale if it is made one business day before the sale.

-Note: The secured party or the agent must provide, upon request, the amount necessary to cure the default and reinstate the loan and instructions for delivering the payment

IS IT TOO LATE TO PREVENT THE SALE OF MY PROPERTY?

When you are facing foreclosure, it does not mean that all hope of saving your property is lost.  If you have not spoken with your lender, contact your lender immediately and ask for the loss mitigation department of your lender to determine if your default can be cured under a plan.

Before the sale occurs, you have the right to go before the court to prove that you did not default on your loan and stop the sale. You may also go before the court to ask that the sale be stopped if you can prove that the lender committed fraud in obtaining the mortgage or they have violated certain laws when your mortgage was made.  You may also have rights and defenses if the lender fails to follow the requirements of the foreclosure law.  You should consult an attorney for advice and assistance if you believe you have a defense to the foreclosure.

If your lender is unwilling to work with you, filing a Chapter 7 or 13 petition in bankruptcy may be beneficial. A bankruptcy filing before the sale will stay or stop the sale.  Filing bankruptcy after the hammer comes down at the auction will lose the house unless the sale was improperly conducted and you timely object to ratification. Generally, a Chapter 7 filing will provide you with a three-month opportunity to cure your default and, if you can afford your mortgage and a plan payment, a Chapter 13 filing will give you up to five years to bring your mortgage current and pay other debts once the plan is confirmed. Filing a bankruptcy petition is complex; credit counseling is required and most attorneys need three or four days to do so. 

If someone approaches you to help stop your foreclosure, have any documents given to you reviewed carefully before you sign them or before you give any money to anyone.  If you need help, contact the State’s HOPE hotline at 877-462-7555 to get help from its foreclosure prevention assistance network and nonprofit housing counselors throughout the state.

SALE OF THE PROPERTY

If a sale does take place, the property will be sold through a public auction open to anyone who desires to make a bid. Public auctions are usually held on the property or at the courthouse in the county where the property is located.  The trustee must make a report regarding the sale to the court including an accounting of the sale.  After the sale has taken place, but before the court has ratified the sale, you may file objections if the sale was improperly conducted.  Only after the court ratifies the sale can the new owner petition the court to have you evicted from the property if you are still living there. 

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Category Real Estate | Tags: Tags: Foreclosure Law, Mortgage Lender, Mortgage Payments, Notice Of Intent,

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JosephSmith asked:


There are many reasons Fort Worth Foreclosed Homes make the best investments. These include the instant equity when you purchase them, they are fun starter homes, and you save a lot of money.

It is common for newlyweds to look for their first home and go out and purchase an expensive brand new house. The problem they end up with is that they don’t know much about homeownership or how it works. They end up with mortgage payments that are too high for them to afford or they allow the bank to put them in a balloon mortgage they don’t understand. This causes foreclosures all of the time. A foreclosed home is the best option because the payments are not high at all. The house payments are relatively low and allow for a better lifestyle.

Instant equity in a home provides for a much better financial situation for people rather than a home that will take someone more than 10 years to gain equity in their property. Foreclosed properties are usually priced low enough that instant equity is a factor when the purchase goes through. Banks just want to get some money for the property. They will never price the properties at market value because they are not providing maintenance on the properties and so forth.

A foreclosed home can save someone a lot of money every month because of the low payments, less money they have to put down, and less payments on interest they will be required to pay. Saving money is difficult to do today because of the economy but it is an option when you purchase a foreclosed home. You should consider purchasing Fort Worth Foreclosed Homes if you need to find a way to save money by paying less each month on your mortgage payment.

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Category Real Estate | Tags: Tags: Banks, Foreclosures, Homeownership, Mortgage Payments,

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Igor Mosyak asked:


There are more reasons to understand the foreclosure process in the US than ever before. In September, 2008 alone there were 81,312 homes that were lost to foreclosure. The 3rd quarter of 2008 showed a 71% spike in foreclosure rates as compared to last year at this time. These are record-high numbers and it should be obvious that lenders do not want this trend to continue. Still, the fact remains that over 851,000 homes have been repossessed since August of 2007. The housing crisis in America is smothering homeowners – along with the rising costs associated with fuel. People are being financially crippled and hundreds of thousands are falling under every day.

In September, 2008 there were over 265 thousand borrowers that received notifications of foreclosures. Although that number is down 12 percent from August, it is still a 21 percent increase from one year ago. Many times in the past have shown foreclosures to be a result of a weakened economy. This current cycle of foreclosures has in fact caused an economic downturn.

As a result, many states have relaxed their housing laws to slow the rate of new foreclosure filings. This accounts largely for the 12% decrease from August to September. Lenders are now being required to give significantly more lenient notices before initiating the foreclosure process against borrowers. Other law changes are being made as well in favor of the borrowers, but financial analysts fear that even these new relaxed laws are simply putting off what will soon happen anyway.

The effect seems to be that when borrowers receive a longer-term notice before the foreclosure process is initiated, they simply seem to get further buried in their debt. With each passing month, mortgage payments, late fees and costs associated with the foreclosure process continue to mount, and the borrowers are simply overwhelmed. They cannot catch up and so after the notification period extinguishes, foreclosure rates spike again.

The Federal Housing Authority initiated the “Hope for Homeowners” rescue bill on October 1, 2008. It was designed to re-instill investor confidence and absorb some of the poisonous debt that has accumulated. The US Treasury is also buying up troubled loans in an attempt to re-stabilize the various lending entities. As a result, it is projected that by the end of 2008, between 25% and 33% of all homes will be owned by banks and backed by the Federal Housing Authority.

The new laws in many states concerning the foreclosure process give temporary reprieve to tens of thousands of borrowers. It is highly advisable to take advantage of this leniency if you are one of those who are threatened with foreclosure. Consult with a qualified foreclosure consultant and explore the options that exist for saving your home. Many times, a professional foreclosure consultant can show you ways to have the foreclosure process negated and allow you and your family to stay in your home. To learn more about the foreclosure process and your rights regarding it, please visit Stop Foreclosure Help Today. We can help you to keep the home that you have worked so hard for.

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Category Real Estate | Tags: Tags: Economic Downturn, Economy, Hundreds Of Thousands, Mortgage Payments,

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R Hancock asked:


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