Posts Tagged ‘Avoiding Foreclosure’

Facing Foreclosure? Here Are 6 Options to Keep Your House

Monday, April 27th, 2009

Introduction
Although it may seem a dream that is slipping away, it is possible to keep your house if you are facing foreclosure. With a few tips, tricks, and a plan you may be able to remain in your home without the worry of foreclosure on your mind at all times. Many people think that foreclosure is difficult to fight and even harder to understand. It’s really a very easy process to understand and one that doesn’t have to mean the end of owning your own home. The outcome will depend on your actions and your willingness not to give up.

Work it out with Your Lender Your lender should be your first line of defense against foreclosure. Yes, the same lender that is filing foreclosure. Lenders don’t want to own real estate nor do they have a fascination with putting people out of their homes. They want your payment and the loan satisfied. Lenders use foreclosure as a way to get your attention when all else fails. The hope a lender has when filing for foreclosure proceedings is that you will call and make arrangements to pay using deferred payments, an adjustment to the loan payments option, or a multitude of other financial choices that will benefit you. However, the lender also knows that if you don’t call, won’t work out any arrangements to satisfy the debt, that the accumulative losses on the loan will be shortened by the use of foreclosure as the lender may resell the house to satisfy moneys owed after finalization of foreclosure.

Refinance: Refinancing may be an option to keeping your home and avoiding foreclosure. The idea of refinancing rests on adjusting the type of loan and the type of payments that you will have to make on your home. By choosing this option, you may be able to reduce and consolidate debt, saving you thousands and avoiding your financial difficulties in the process. However, before you refinance, consult with a real estate broker as there are multiple types of refinance loans available. Choosing the wrong one may compound your trouble. You will need the advice and assistance of a professional before opting for refinancing.

Obtain a Private Loan Depending on your credit score and your current financial situation, you may be able to qualify for a private loan that can be used to stop foreclosure. This course of action will depend entirely upon a bank’s willingness to take a risk since the foreclosure proceedings may deter approval. Still, it is possible that with past history taken into account, you could secure such a loan. Just be wary of overly high interest rates and make sure that you can repay the loan once foreclosure proceedings have been halted.

Borrow from a Retirement Plan Borrowing from a retirement plan to regain control of your financial situation could be an option for you to try. However, keep in mind that most moneys in a retirement plan were not taxed prior to being placed in the savings for the plan. This means that when you borrow from this fund, the moneys taken out will be able to be taxed. Some retirement plans also charge a penalty fee for borrowing against the money in the plan. Take these things as well as your plans stated method of repayment, which may be wage garnishment, into consideration prior to utilizing this option. Also keep in mind the number of years that the loan from your retirement will take to pay back since this may overlap with your retirement and create difficulties at that point. For more information on this and other possible ways to keep your home when facing foreclosure, visit www.foreclosure-help-book.com.

Bankruptcy: Filing Chapter 13 bankruptcy can prevent a foreclosure as long as you follow all terms in the agreement made with creditors and you have passed a means to make sure you qualify for Chapter 13 bankruptcy. The basic concept is a consolidation of debt as well as making arrangements to pay the part of your mortgage in arrears without worry of losing your home in foreclosure in a time span of 3 to 5 years. The good news is that with Chapter 13 bankruptcy, creditors cannot hassle or otherwise begin actions against you during the time that you are under the protection of bankruptcy. Another positive outcome is that your credit only takes the initial hit, unlike a foreclosure. However, before you will be allowed to fall under the protection of bankruptcy, you will have to complete six months of credit counseling.

Seller leasebacks Before you choose to use this method, try everything else. A seller leaseback is when a home owner sells his house to a new buyer and then pays rent on the property to remain in the home until the original home owner can repurchase his home from the new homeowner. Usually, this method creates situations in which the homeowner may never regain his home because of the terms in the contract for the seller leaseback. Just by signing a seller leaseback agreement, the homeowner is at risk for audits through the IRS as this is often used to hide assets during actions such as foreclosure and bankruptcy. If the homeowner files bankruptcy while under the constraints of a seller leaseback, the IRS will almost definitely become a little more than curious. Please consult legal counsel as well as The Foreclosure Solutions Manual prior to engaging in this last ditch effort to save your home from foreclosure.

How Foreclosures or a Short-sale Can Rip Your Credit Rating To Shreds

Sunday, April 19th, 2009

Irreparable damage is done to your credit rating when you experience a foreclosure or some of the other related possibilities– not as bad as foreclosure or bankruptcy, but are damaging nevertheless. However, most of the agencies and people of less repute wouldn’t take the trouble to tell you the far-reaching consequences of foreclosure, short sale, etc.

A foreclosure, as you would have sensed, is the mother of all of those things that can damage your credit rating with the effects killing you each day for over 10 long years and also setting you back by a whopping 200-300 points on your FICO score. A short sale of your property, as a response to avoiding foreclosure, can cause your credit rating to drop considerably and can set you back about anywhere from 855 to 125 points on your FICO score – this might show up as “foreclosure arrangement”, or “debt settlement”. Additionally, a deed-in-lieu might just be as lethal as a foreclosure itself since it entails a transfer of ownership.

Foreclosure is always best avoided. It might allow you to stay rent free for a while until you will be asked to leave, but the negative consequences a foreclosure has on your credit rating – which implies that your ability to avail credit for important things like student loans and car loans etc is severely affected because that’s how severe FICO along with potential lenders take this event to be.

Often overseen, but a critical aspect that should help you choose between a foreclosure or a short-sale, is the tax part of it all. IRS considers any discharged debt as an income and hence you will be taxed on that. For instance, if you declared bankruptcy due to foreclosure of a property worth $300,000, this debt which is now discharged by bankruptcy is considered income and you will now have to pay tax on that amount. A short sale, on the other hand, causes your debt to be forgiven – the difference between the mortgage amount and the amount the lender sold it for. This forgiven debt is also taxable.

Another aspect to consider when choose from a foreclosure vis-à-vis a short sale is  how long a homeowner can wait before buying another home or being able to avail a new home loan. Most homeowners think that short sale will let them avail a new home loan in a short time period, which is unfortunately not the case. A set of guidelines from Fanny Mae, stipulate that individual home owners must wait out for at least 24 months before they would be considered for new home loans. It might also help to remember that in the event that the short sale generates much lesser an amount than the mortgage due, the lender can proceed to file a deficiency judgment which is like a thorn in the would and something the homeowner has to battle with again.

Nothing is as easy as it might first sound and a homeowner must look into all possible options before settling with any one option. Heresy and casual advice should never be paid attention to. Think creatively and take help from competent professionals to arrive at customized solutions that would bail you out of this problem fully. You might want to transfer ownership to an investor by signing a deed but bring your mortgage payments up to current from the proceeds that came from dissolving your equity. More such solutions are possible when you approach it the right way.

6 Incredibly Accessible Options to Avoid Foreclosure

Saturday, April 18th, 2009

The prospect of losing your home could be quite an overwhelming and sad situation for any homeowner, but is now increasingly common with many homeowners who are unable to pay the mortgage payments. The reasons for not being able to make the payments can be anything from losing a job to an unforeseen medical emergency. Foreclosure, though, can be avoided if action can be taken promptly and initiate one or more specific steps which we will discuss in this post.

In the event that lenders deem it is necessary to go ahead with a foreclosure, they issue a standard notice called as a Notice of Default (NOD) when you already up to 60-90 days due to pay the mortgage. Failure to make payments will automatically lead to the foreclosure which is incidentally expensive for the lender to follow through and use. Hence, lenders always look to see if you could utilize one of the many options available for you to work on and settle for something better than a foreclosure – better for both the parties. Here are some of those options:

Partial Loans

By availing a partial loan from a mortgage company, homeowners can have access to interest-free loans which needn’t be paid until the homeowner is able to make the first few mortgage payments off or liquidates the property in a sale.

Forbearance Plan

In a simple act of giving you more time to consolidate your finances and help you make the necessary payments, at its simplest level, lenders might just agree to forbear some time. This can give you some time to raise cash and arrange for alternative funds.

Repayment Plan

Yet another way, lenders can think of getting their missed mortgage payments back is to divide the total sum of missed payments and have you pay it in increments in each month. For instance, if you owe $3000 until now, it can be divided into 12 installments of $250 each. These little installments can be paid along with the actual mortgage payment. This allows you to catch-up with your payments in case you’ve missed them.


FHA Secure

The FHA has a few programs on its shelf which can be used by a homeowner to prevent foreclosure. FHA secure, one such program, grants FHA insurance for a loan picked up from an FHA approved loan vendor. This allows the homeowner to pick up an additional, loan which he could use to pay up the mortgage payments he missed.

Interest Rate Modification

Since the increase and decrease of the mortgage payments primarily occurs due to the maddening fluctuations of the Interest rates, especially in the case of adjustable- rate loans, lenders might consider locking the interest rate at which the rest of your mortgage payments have to be made. This helps when interest rates fluctuate too much or when there is economic uncertainty.

Debt Forgiveness

Allowing you to scrap all the pending payments and then let you start paying from now on – a rather rare occurrence but still a possibility, depending on many factors of course – is a wonderful option if you manage to get it, that is. This really depends a lot on the lender, your relationship with the lender and needless to say, your credit history.