Avoiding Foreclosure
“Critical thinkers find problems; creative thinkers find solutions.” - John McClung
Feeling overwhelmed? Has making your mortgage payment become more difficult? Or, have you already stopped making them? You may have options!
· (Note: Many options have impact on your taxes. Getting expert advice is always advised.)
Refinance: This will require equity in your home. Equity percentage will be new lender dependent. Suggestion: Open your options to multiple lenders by using a
· Reinstatement: A plan to re-pay missed payments, penalties, etc. in one payment.
· Forebearance or Re-payment Plan: A payment ‘work-out’ billed over time.
· Decrease your monthly payment through balance or interest rate modification: Through your lender’s sponsored programs, or via programs such as HAMP and HAFA.*
· Rent: You may choose to rent your home to someone else. This can be a viable solution when the monthly costs (including maintenance, property management, property taxes, insurance and vacancy set aside), does not exceed the rent payment you receive.
· Deed-in-Lieu of Foreclosure: Homeowner gives deed to lender in an attempt to forego a deficiency judgment. (Rarely available if there are any additional liens attached to title.)
· Bankruptcy: Stalls but does not stop foreclosure. In most cases removes the possibility of a ‘short sale’. There are times this option should be considered along side of the 'short sale' option. (Seek expert advice.)
· Service Members Civil Relief Act (SCRA): Available only to active military service members and is intended to be only a temporary solution.
· Homeowners Assistance Program (HAP): A Department of Defense (DoD) sponsored initiative to help military service members and federal civilian employees affected by base closures, etc.
When one of the above solutions are not the right plan for you:
· Do nothing (as this is always a choice): As the beginning of the foreclosure process your lender will send you a Notice of Default (NOD).
· Sell your home: ‘Traditional sells’ are those where the homeowner has enough equity, or financial means to make up a small gap in funds, to sell their home with the closing costs and Realtor commissions being covered.
· Short Sale: If you owe more than the current market value of your home, and we can demonstrate an acceptable hardship to your lender, your lender may approve their being ‘shorted’ funds owed to them. This can prove to be not only in your best interest, but, ultimately, in the best interest of your lender/s as well.
If you, or someone you know, needs assistance in working through the options, call Kathryn at (408) 230-9055. She is a CDPE. (Certified Distressed Property Expert)
HAFA = Home Affordable Foreclosure Alternatives program. As a rule, if a homeowner is eligible for HAMP but cannot pay the mortgage, then he or she is eligible for an assisted short sale through HAFA. However, loans owned or guaranteed by Fannie Mae or Freddie Mac do not qualify. Services must consider possible HAMP eligible borrowers for HAFA within 30 calendar days if the borrower has met certain criteria. More details and how this program works well as a prelude to a short sale: http://www.cdpe.com/hafa/short-sale/summary
Making Home Affordable Program: As of August 1st a new modification program is available for the unemployed and for those with a medical problem: