Our nation continues to feel the pressure of an intense recession, and the housing market and the number of home foreclosures are seeing an ever increasing rise. Our government has made some concessions from both a national as well as state wide level to assist homeowner’s who are facing the threat of foreclosure on their home.
If you are feeling the pressure of the possibility of having your home go under foreclosure, know that there are now many programs are now in place to assist homeowners who are struggling with their mortgage payments. The U.S. Treasury Department and HUD are administrating programs that are designed to assist those facing a decision about their circumstances.
Now is the time not to panic, it is a time for you as a homeowner to become knowledgeable about the laws that are governed and how the process of foreclosure works within your state. Do your homework, find out the timelines as well as the rules that your state follows when it comes to foreclosures. The average foreclosure timeline will be in 6 stages and it is a very fast process
1. The first stage is Pre-lien which happens within 30 days of default
2. Lien which then happens within the next 30 days following the Pre-lien
3. The next stage is when you receive what is known as receiving a Notice of Default
This stage will usually happen within 90 days of the foreclosure process
4. After receiving your Notice of Default within 21-25 days you will then receive a notice of sale
5. The property then goes into what is known as a Trustee Sale
6. If the property is unsold due to an unsuccessful foreclosure auction it then becomes what is known as an REO property which is a Real Estate Owned or REO property. This is when the bank or mortgage company is now retains full ownership of the property.
The good news is that there are options available to you, and there are steps you should take to work through any decision you will need to make before you are in the full foreclosure process.
- Understand what happened and how you got to the point of struggling to make your mortgage payments and then come up with your solution. Your solution should be attainable.
- Review your income and budget, as well as your original load document. Go through your expenses and consider how your monthly spending may be affecting your ability to make your mortgage payment. Be realistic about your situation as well as your total financial situation.
- Consider consulting with a housing counselor, but choose one that is reputable. They should be vetted by the U.S. Department of Housing and Urban Development. A counselor may be able to save you some very valuable time by guiding you through the necessary steps you will need to take to prevent your home from going into foreclosure.
- Contact your lender; the sooner you do so the better off you will be. They will be able to assess your situation and offer you a payment solution. You should discuss whether your situation is only temporary or if they may be long term with your lender. Your lender will then give you either a deadline to make up your missed payments or they could possibly be able to freeze your mortgage payments until you can resume payments. They can also tell you if you will qualify for a loan modification by extending your payments or even change your interest rate which is a good thing if you are going from an adjustable to a fixed rate loan. The key to working with your lender directly is to make sure that the solution is manageable. Often a mortgagor is in a panic and will agree to anything that sounds good to save their home. However, keep in mind that if you agree to a repayment you may be agreeing to an increase in your monthly loan payment which will only intensify the problem.
- If your lender is unwilling to work with you or they are unable to find the best solution that both can live with, you will then need to hire a lawyer. If you are unable to afford hiring your own lawyer, many communities offer local homeowners some form of free legal assistance. If your community does not offer any of these services contact the National Association of Consumer Advocates which will have a list of consumer lawyers. Another agency you may want to consider is the The National Association of Consumer Bankruptcy Attorneys.
- If you simply can’t justify continuing with your mortgage you may just be in a home that is wrong for you. It is a tough decision to make but in the long run it may be better for you to simply sell your home. At this point your lender may specify a date for you to find a buyer and then pay off your mortgage. However, if you find that your home is not going to sell for the full amount of the loan, your lender may be willing to accept a lessor amount. You will need to contact a real estate professional that is very knowledgeable about foreclosures in your area. They can offer your some good strong and valuable advice. The sooner you choose a qualified real estate broker the better your chances will be in meeting any timeframe given to you by your lender.
Don’t be despondent, that is the worse action you can take when it comes to stopping your foreclosure. You need to be able to educate yourself, and reach out to those that are knowledgeable in order to come up with a resolution to your struggles.