Posts Tagged ‘Foreclosure’

10 Fatal Mistakes Home Owners Make

Thursday, April 16th, 2009

A home isn’t just bricks and mortar for many people. It is  an extension of their dreams, a mark of achievement and a matter of pride. Still, some homeowners do mistakes; fatal mistakes that can cause their homes to be taken away from them. I, for instance, witnessed many homeowners facing a foreclosure and they have all made the same blunders, more or less. Foreclosure can be avoided and your home can be saved. You just got to know how. Here are some blunders homemakers generally do:

1.    Not Taking External Help for getting out of a Foreclosure situation:
Information is available in abundance and there is really no need for you to pay up for agencies and specialists who tout to be able to help you to get out of your foreclosure problem. You don’t need them. Thousands of dollars as their fees can be blissfully avoided if you took the trouble of finding this information on your own. Many sites and blogs exists which dispense that information for free. Also, most homeowners end up as victims of foreclosure scams that is more like a mixture of salt and pepper on a fresh wound. Homeowners rarely watch out for scams wherein they innocently sign documents which entail transfer of ownership of property. To protect yourself, don’t pay up anything upfront — especially not without a valid contract ; read all the documents you will be asked to sign; do your due-diligence and perform research; take everything in writing and don’t forget to do due research on the background, reputation and competence of the company you are considering.
2.    Not Using Lenders’ Extensive Expertise: The lender isn’t an enemy, but still many homeowners will do the mistake of thinking so. Even though the lender has a right to ownership of your home in the event of a foreclosure, lenders are still the original “go-to” people. Homeowners usually forget that lenders are not in the business of foreclosures and that each foreclosure is actually a financial drain on the lenders too — their money sits on that property which they can’t utilize for anything, really. Develop the habit of taking consultation from your lenders. They will be more than happy to help because it is in their interest that they get their money back each month and in full. Know your options, discuss with your lender, and try to work out a solution for your problems.
3.    Not addressing persistent problems head-on: The dreaded reality of a foreclosure is now a reality; that is understandable, but inaction in such a situation is not. Many homeowners just freeze when faced with a problem like this. Not taking action here can cost you even more than doing something about it. Interestingly, they might give in to false claims and scam artists. Letting your home go is usually the last resort and if you are yet to pay your mortgage or if you are lagging behind in payments, there are simple solutions available for you — have talks with lenders, consider loan restructuring and much more.
4.    Not moving quickly enough: Some events  in our lives are bound to occur, but not doing something about it quickly enough is totally our mistake. Most homeowners don’t take quick and adequate measures to solve their problems leading to the hole getting wider and creating that vicious cycle that leads to even more problems. The clock ticks faster when foreclosure is up on the horizon and you must move fast. Banks put pressure, threaten to take your home away from you or even be forced to pay up the due payments plus fines.
5.    Not Understanding that Uncle Sam Is Your Best Buddy: The government has been very thoughtful in this regard and has numerous programs for you to choose from to help yourself out of problems such as this. For instance, an interesting program called FHA Secure makes “traditional” FHA approved loans insured and backs it up by allowing you flexibility in choosing payment schedules, monthly out-pays and full-fledged lender support.
6.    Not knowing that even debt has priorities: Hierarchy is everywhere – debt included. If you are the typical homeowner, you would have other bills to pay apart from the mortgage payments – like utilities, credit cards and the like. However, one of the things overlooked by many is the high interest and other kind of costs involved when such credit is not paid up. Not paying up mortgage leads to obvious problems leading to foreclosure. So prioritize and pay.
7.    Under-estimating the power of a persistent approach: Starting from the learning curve involved – learning and educating yourself about your options, writing out letters, establishing contact with lenders, waiting for eons before you actually sit and talk to lenders. On top of that, there is no guarantee that anything fruitful would come out of it. The key here is to be persistent – almost to the point of being obnoxiously adamant—that you would see to the problem’s end.
8.    Not thinking outside the box: Pressure, for some, makes some people think creatively; while for some it can stunt creativity. Most homeowners, however, lose the gift of creativity in the melee that a situation like foreclosure causes. Have you thought of various ways you can solve this problem? Think of finalizing a lender work-out, budget cleverly, think of ways to bring in extra income to pay-up the increased mortgage, lease or rent out your home, sell a part of your house, use your residence as a community meeting rendezvous and many more options require you to think straight out of the box and bring constructive solutions to the table.
9.    Not buying your home smart: Even before you bought your home, there are various ways to ensure that you would never get into a situation like foreclosure. Again, awareness puts you ahead of the pack. Home Equity Line of Credit (HELOC) is one such way. Since emergencies like loss of job, natural perils, medical problems, etc., can sprout unannounced, the ability to grab access to low-interest credit becomes impossible then. Hence, programs like HELOC allow the homeowner to pick up extra line of credit in dire emergencies like those stated above. Care must be taken not to use this line of credit for unimportant expenses.
10.    Not exploring other options like bankruptcy: When you file for a chapter 13 bankruptcy, you can actually stall the entire foreclosure drama. However, this should be your last card. Think and judge if chapter 13 is the best bet for you because it has certain disadvantages too, especially over the long-term. In case you do decide to go ahead, make sure that you pay heed to the process, deliver the filings on time and make the necessary payments.

Cost Cutting Tips To Prevent Foreclosure

Monday, March 23rd, 2009

Put Some Money Away for a Rainy Day
Whenever it is possible, put money away in the event “life” happens. The experts say we should have an emergency fund, at least 6 months of income saved, that you could utilize, in order to avert financial disaster. You may say I only have enough to take care of my current month-to month obligations. That’s okay, save what you can. Every little bit helps.

Save On Your Cable Bill
Isn’t it true that we love cable? But, let’s be honest. How many cable channels do you really need? Here’s a strategy-call the cable company and cancel all of the excess features/stations that you can live without. You can always get them back when your financial situation improves-the cable company will welcome you back with open arms!

Limit Your Meals Out
Consider limiting your restaurant visits, for lunch & dinner. It’s amazing how much we spend to have meals out. Here is a two-fold benefit that you will receive. First-the difference between the money you save by shopping at the grocery store instead of eating out can be put into the bank, or towards your mortgage. Second-cooking at home can be healthier, and you can share that time with extended family and friends.

Monthly Memberships
If you are paying for monthly memberships that are only used occasionally, cancel them and save the money. As in any of the above suggestions, once you have taken care of the most important financial issues in your life, you will always be able to reactivate those luxuries.

Refinance Large Ticket Items
Your lender will want to look at your debts. Your lender will look to see whether your delinquency is caused by a yacht payment. If you have a yacht, now is a good time to sell it.

Here is an example of another way for you to create more money in order to stay current with your bills. If you have a large car payment, look into refinancing to lower your monthly payment. Or, sell the car and buy one that is less expensive to conserve costs. Sell other assets: a vacation home, fine jewelry, or your second car. These are just a few suggestions to get you thinking.

Your lender will be more inclined to provide a workout agreement if they see that you have taken action to mitigate your delinquency. Meaning, you should show that you have made an effort to cut costs.

I Can’t Afford to Keep My Home
You’ve been painfully honest with yourself, and decided that it’s just too much to keep the house. So consider selling it before the foreclosure process begins. Then, you may be able to purchase a home with a lower mortgage. Or, even consider renting until you get back on your feet. Either way, your credit should stay intact.

The Process of Foreclosure

Monday, March 9th, 2009

Usually after 3 months of non-payment, your lender will issue you a Notice of Default, likely taped to your front door or delivered by mail.

If you do not bring the loan current within the time specified in the letter, then the lender will begin the foreclosure process. In judicial states, you will be sued for the deed in civil court. A summons will be sent to you house, and you’ll have the option to write a response within 20 – 30 days. Although a response is not required, any response you give will give you an additional 30 days while the courts review it.

When the judge reviews your case, a foreclosure sale date will be set and you’ll receive a Notice of Sale. The sale date will also be published in the local newspaper to alert the public. The time and location of the Trustee Sale for your home is stated on the Notice of Sale. At the Trustee Sale your home is auctioned off to the highest bidder, who will have to bring cash and pay for the entire property within a few days of the auction.

Should the lender not receive sufficient proceeds from the sale of your home at the auction, then they can file for a Deficiency Judgment, A legal judgment in favor of the lender against the borrower that allows the lender to recover losses related losses incurred through the foreclosure and sale of a home. In which case, you will be held liable for the difference between the principal balance on your loan and the amount raised in the auction. Historically, most banks and lenders do not file for a deficiency judgment.

What Is Foreclosure?

Saturday, March 7th, 2009

Foreclosure is a legal process. The end result of this legal process is the termination of an owner’s right to a property. Usually a lender initiates a foreclosure process when a borrower defaults on a mortgage loan. A foreclosure process usually involves the forced sale of the property by a sheriff, where the proceeds of the sale are applied to the mortgage debt.

There are two types of foreclosure: judicial and non-judicial.  In judicial foreclosure states, a mortgage is the contract between you and the lender, and you must appear before a judge during foreclosure.  The judge will order your home to be sold at the Sherriff’s sale unless you have a good reason for not making your payments (highly unlikely).

Under a non-judicial foreclosure, the agreement between you and the lender is held in a deed of trust, which is a three party contract involving the beneficiary (the lender), a trustee (a third party who looks after the agreement, usually an attorney), and the trustor (you).   Foreclosure is easier for a lender in non-judicial states because no court hearing before a judge is required.  The trustee will process the necessary paperwork and the sale of your home.  Most times you’ll see a “substitute trustee” handling your case because the actual trustee is too far from the courthouse where the sale is being held.

In some states, you may redeem your property after the foreclosure sale within a specified number of days.  This is known as the redemption period.  However, the homeowner must follow specific procedures and make all back payments to the lender including interest, penalties, legal fees, redemption fees, and any home improvements made after the sale.

If your home is auctioned and the amount it sold for is less than the amount owed on your loan, then the lender has the right to sue you for a deficiency within a specific window of time after the foreclosure sale.  A judge could also order that you pay the difference.  Depending on the laws of your state, a mortgage foreclosure may not result in an automatic deficiency judgment.  The lender will have to motion for a deficiency after the foreclosure sale.  If you can prove that the home was sold at its market value on the sale date, then the court will not grant a deficiency judgment.  You may present evidence of the value of your home through an appraisal or other formal opinions of value.

Should you be concerned about your lender obtaining a judgment against you, you should seek professional help from an attorney and pursue an asset protection strategy using Land Trusts, Personal Property Trusts, etc.  The harder you make it for the creditor to collect assets from you, the less likely they are to motion for a deficiency judgment.