How To Stop
Foreclosure
Currently the mortgage business is reeling. In recent months,
both small and large mortgage companies have been collapsing as
private investors and lenders have shut off the flow of cash to
make mortgage loans. As noted, some of the top lenders in the
nation have filed bankruptcy.
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HomeBanc filed for Chapter 11 bankruptcy in August
2007 |
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First Magnus Financial Corp., a national mortgage
lender shut down its lending operations on August
16, 2007 |
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In August 2007, Countrywide, the largest U.S.
mortgage lender borrowed $11.5 billion to help
weather the current financial crunch. |
Due to our volatile and somewhat
unstable economy, foreclosures are at an all time high. If
you are facing this difficult situation, the REO Dr is going
to provide you with all of your available options. Consider
them carefully and remember to consult with professionals,
(i.e., attorney, CPA) before committing to any option.
Make Up The Back
Payments
The quickest way to stop a
foreclosure is the obvious; make up back payments. If you
can come up with the funds (including the late fees and
legal expenses) this will automatically halt a
foreclosure.
Make
Payment Arrangements With Lender
Many lenders will negotiate a
deal with you to take what you owe them and pay it over a
few months in addition to your normal mortgage payment. This
option means that your payment will increase for a few
months. ALERT; only take this option if you KNOW you can
afford your current payment plus the additional payment.
Refinance
Talk with your lender about
exercising this option. Or contact our recommended lender,
Banker’s Secrets. If you have enough equity, this option
could actually lower your payments!
Restructure Your Note
In order for a lender to allow
you to exercise this option, you must be able to prove that
you have resolved the issue/situation that caused you to
fall behind. Oftentimes lenders will take what you owe and
add it on to the end of the mortgage in the form of
additional payments. The caveat; depending on how the note
is restructured, the interest rate could go up and/or your
payment could go up.
Use
Equity Line of Credit
If you are
able to obtain or have a line of credit with your bank or if
you qualify for a home equity loan, either of these
options may give you the cash you need to bring the mortgage
current and stop the foreclosure process. DULY NOTE, this
will make your payments higher than before; if you can’t
afford the increased payments, you’ll need to forego this
option.
Seek
Mortgage Relief Assistance
Some
government organizations and charities will give you the
money to bring your mortgage current and stop foreclosure…
provided that you can prove to them that your situation is a
one-time deal.
Obtain Funds From a Relative or
Friend
Facing foreclosure is not a time to walk in pride. If you have
a family member, relative or friend who can loan or grant you
the necessary funds to halt the foreclosure, ASK THEM!
Use the CCCS
The CCCS, which stands for
Consumer Credit Counseling Service, is a nonprofit agency that
provided housing counseling for people behind on their mortgage
payments. At the REO Dr, we reccommend contacting the
CCCS to help you analyze you options.
Use
a Debt Relief Agency
Debt relief agencies are better
alternative to bankruptcy. Essentially, they negotiate with
all of your creditors/lenders and have been successful in
stopping foreclosures. Duly note, do your homework before
hiring an agency
LAST RESORT
OPTIONS
This next set of options should be considered only as a last
resort. Only use them if you are unable to exercise any of the
above options.
Sell Your Home
If you have the time, (i.e.,
foreclosure auction date is not looming) and your house is
in good condition, putting it up for sale with an
aggressively successful real estate agent could be your best
option. This will protect your credit rating from a
foreclosure and you may possibly walk away with some cash
provided that you have sufficient equity.
Negotiate a Short Sale
This is when you negotiate with
the lender to accept sale proceeds that aren’t enough to
cover the loan balance owed. Normally the lender would sue
for the balance, but with a short sale the lender accepts
the “short sale” as payment in full. Remember to consult
with a Real Estate attorney before attempting to exercise
this option.
Deed in Lieu of Foreclosure
Some lenders will allow you to
give the house back to them in order to stop foreclosure.
The caveat is that this maneuver will reflect negatively on
your credit reports.
Obtain a Hard Money
Loan
This last resort option should
only be exercised if you know FOR SURE that you are coming
into some money rather quickly. The points, fees and
interest charged by hard money lenders will be costly. In
addition your payments will be higher.
Sell To a Private Investor
Private investors such as the
REO Dr can purchase your home in as little as 3 days
provided that we have all of the necessary paper work. By
selling to a private investor, you stop the foreclosure
process and protect your credit.
Use Legal Filings
Although we don’t condone this
option, your attorney may be able to halt the foreclosure
process for quite some time by bombarding the lender with
legal motions.
File Bankruptcy
NOTE: This is a last resort measure; before exercising this
option, consult with a qualified attorney. BE ADVISED; some
loan contracts have legal verbiage that essentially shields the
lender from bankruptcy proceedings. Meaning, they can still
foreclose on you in spite of the bankruptcy filing.
Again, in using any of the above
options, whether they be last resort or not, use caution and
good judgment and always consult with professionals prior to
signing any legal documents.
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