|
The following information is made available by Brian L. A Wess as a public service and is issued to inform, not to advise. No person should attempt to interpret or apply any law without the assistance of an attorney. The information and opinions expressed in this communication are those of the authors and not those of Brian L. A. Wess or his affiliates. It is intended as general information only, and is not meant as legal advice for any specific situation. If you need legal advice, consult an attorney.
Strategies to Avoid Foreclosure
- Be proactive about the problem when the first warning signs appear.
- Contact your lender when you become aware that you have a problem.
The last thing that a lender wants is to foreclose on the property. Financial institutions lose a significant amount of money by foreclosing on a property ($50,000+/-). Foreclosure is a lose/lose for the lender and the homeowner. It is important to be honest and forthright with your discussions and be prepared to discuss the reasons for your problems.
- Read your mail. Not knowing does not solve the problem it just delays the final result and increases the pain.
- Prioritize your spending. Pay the house payment and health insurance first.
- Look for ways to generate cash.
- Don’t get scammed by a private “foreclosure prevention specialist,” instead go tothe Colorado Foreclosure Hotline at http://www.ColoradoForeclosureHotline.org or 1-877-601-HOPE or HUD to obtain valid information about foreclosure prevention.
- Make an appointment with a REALTOR® to discuss the problem and to get advice
Alternatives To Foreclosure
Reinstatement Similar to Forbearance but under this plan the borrower agrees to make a lump sum payment in the future to bring the mortgage “up to date.” This could be made possible by tax refunds, future bonuses, anticipated increase in family income or something similar. The difference here is a lump sum payment.
Repayment Plan If the borrower cannot meet the requirements of Reinstatement or Forbearance the lender may allow the borrower to catch up on what is owed by increasing the monthly payments until the missed payments are brought current. This is a very favorable plan for many distressed homeowners
Loan Modification Plan Some lenders may be willing to do one or all of the following: - Modify a mortgage by converting it to a fixed rate mortgage at a lower interest rate and extending the years of the mortgage to reduce the monthly payments. - Giving more years to pay off the mortgage and adding the missed payments to the balance of the mortgage. - Forgiving part of the loan amount to make the payments affordable.
Deed In Lieu of Foreclosure Sometimes referred to as “Deed for Keys”. As with foreclosure, this plan does affect a person’s credit rating however, not as negatively as foreclosure. In order to enact this plan the loan amount must be lower than the anticipated sale price. Many lenders require a 20% differential to make this work.
Cash for Keys This plan works when there is equity in the property and the lender and the homeowner agree to exchange cash from the lender for the keys to the property. The borrower walks away with cash and the lender owns a property that has enough equity to cover the cost. The advantage of this plan is that it is fast and avoids considerable expenses and red tape.
Sell the Home If the value of the property is greater than the loan amount it is a good possibility that the property could be sold. It is important to offer the property at a price that will attract many qualified buyers especially if real estate values are falling or if there are a considerable number of similar properties for sale in the area.
Upside Down Properties This refers to those properties in which the mortgage is greater than the value of the property. In this scenario the financial institution may be willing to forgive some of the mortgage to make a sale possible in order to avoid foreclosure. The amount of the mortgage that is forgiven is taxable and the mortgage company will send the borrower a 1099 form at the end of the year. Referred to as “Short Sales,” these transactions have become a preferred method of avoiding foreclosure. This process may result in a negative impact on the borrower’s credit rating though not as much as a foreclosure.
|