Perseverance And Discipline Can Prevent Foreclosure

The United States has experienced a truly remarkable boom in the housing market over the last few years. Now that the market is undergoing a correction though, many families are in increased danger of losing their homes to foreclosure. While foreclosure may be a scary prospect, it's by no means inevitable if you're willing to allow us to work with your lending institution to come up with a solution that allows you to still make payments in the face of whatever kind of financial hardship you may have encountered.

Generally there are two types of things that your lender can do for you in order to help you through a tough spot so that you can keep your home and your credit score intact. In the short term, the lender can allow you to put off making payments or make payments at a reduced rate for a certain amount of time until you're back on your feet. This is a good tactic to use if you've been temporarily disabled by an injury or an illness. You will still have to pay a little more each month for a while afterward, but this process, which is called a forebearance, will allow you to recover from a mishap and keep your home. We can help stop foreclosure proceedings on your home.

There are also several different solutions to longer term financial problems. The most talked about solution is refinancing. When you refinance your mortgage it means that you get a new mortgage- often through a different lender- and use it to pay off your existing mortgage. This tactic has a number of benefits. For example, you may be able to get your new mortgage for a lower interest rate and possibly one that will stay stable over the course of the lifetime of the mortgage. Another benefit is that you might be able to get your existing lending institution to accept a payment that's less than the amount that you originally borrowed to pay off the mortgage. This effectively lessens the amount that you'll have to pay back! Don't lose your home to foreclosure, contact us for a free consultation today!

Another possibility is to modify your existing mortgage. With mortgage modification, we deal with your lender so that you and your lender can agree to a lower interest rate or a longer payback period. It's a lot like refinancing, but without having to get another lender involved.

The least favorable possibility, but one that's better than foreclosure, is to sell your house. If you really can't make the payments, and probably won't be able to make the payments for the foreseeable future even with refinancing or mortgage modification, we can ask your lender to suspend payments while you're actively trying to sell your house. Once the house is sold, the proceeds of the sale are used to pay off the lender. This is a much more satisfactory situation for the lender than foreclosure because the lender is likely to get more money out of it, and it's a better situation for you because your credit and dignity are preserved.

Regardless of the nature of your money problems there are a few things that you need to do. First, you should contact us and tell us about your situation as soon as possible. The next thing that you should do is start to cut out unnecessary expenses.

Cutting your spending is extremely important when it comes to showing your lender that you're serious about doing your part to keep your home. A lender will be much less likely to let you skip payments or give you a lower interest rate if it sees that you're continuing to spend money on cable TV, expensive restaurants, and luxury cars.

Perseverance and discipline are the keys to keeping your home away from foreclosure. Call our toll free number today and let Home Assure help you save your home from foreclosure. Request a free foreclosure consultation now!

 

What Is Foreclosure?

Mortgage foreclosure is the process a bank or mortgage company uses to take back ownership of real estate when the homeowner hasn't complied with the mortgage agreement. Most often, that simply means that the homeowner couldn't keep up the mortgage payments.

The foreclosure process may differ depending upon your state. Generally, the downward spiral into foreclosure begins when your loan payment becomes 16 days overdue. At that point, your mortgage lender may try to contact you to work out a repayment schedule to bring your loan current. If your mortgage payment becomes 30 days late and the next month's payment looks suspect, the collection calls will come on a regular basis. If your payments fall 90 days behind, the mortgage company will likely refer your mortgage to an attorney that will start formal foreclosure proceedings.

Again, the foreclosure process varies by state, and the best source of information about how the foreclosure process might proceed in your case is a local attorney. Generally, the lender must serve a notice of default on the homeowner after a certain time period from when the payment becomes past due. This time period varies by state. The notice will give the homeowner a time period and an amount necessary to be paid in order to "cure" the default and avoid foreclosure. If the homeowners cannot pay the delinquency and costs of foreclosure within this time, then the lender will set a foreclosure sale date. The lender will then sell the property at public auction. If the sale price isn't enough to cover the outstanding debt and costs associated with the sale, the mortgage lender can and probably will pursue a deficiency judgment-a court order requiring you to pay the remaining balance to the lender.

The property may be "redeemed" by the homeowner by paying all delinquencies and costs, up to the time of sale and in some states, for a period after sale. This redemption period varies by state. The law in most states gives the homeowner every opportunity to stop the foreclosure process. As a matter of fact, homeowners have options right up to the minute that the auctioneer's gavel comes down.

Some of the most common options include refinancing to roll in past-due payments and "start fresh" with your mortgage debt, a debt workout plan, or Chapter 13 bankruptcy.  Refinancing is usually not an option since mortgage companies will generally not lend to someone that is currently delinquent on their mortgage payments.  Many people facing foreclosure find that Chapter 13 bankruptcy removes the immediate threat of foreclosure and allows them to catch up past due mortgage payments over time. If you're facing foreclosure, use this website to learn about your options, and then contact us for a FREE CONSULTATION so that we can help you determine the next steps toward saving your home.

 

Foreclosure Options

Most people facing foreclosure are most concerned about saving their homes. If your primary goal is to stop foreclosure in order to keep your house, then you'll most likely want to consider Foreclosure Mitigation Services which usually result in a restructuring of your current delinquency.  Other options may include refinancing or Chapter 13 bankruptcy.   However, if you know that you can't afford to keep your house and you are looking for a way to avoid a deficiency judgment and minimize damage to your credit, other options to stop foreclosure are available.   We will gladly give you a FREE CONSULTATION where we can assess your options.  If we can't help you, we will let you know right away and point you in the right direction.

Facing mortgage foreclosure is scary, and it can be hard to make informed decisions to stop foreclosure when under pressure. Make sure that you understand all of your options to stop foreclosure, which may include:

• Restructuring Your Delinquency (Mitigation)
• Turning over the Deed in Lieu of Foreclosure;
• Selling the Property; and
• Surrendering the Property in Chapter 7 Bankruptcy.

Learn more about these options to stop foreclosure, and be sure to carefully consider which is best for you and your family.
 

Restructuring Your Delinquency

This is our specialty and the most desired strategy if you would like to stay in your home and protect your credit.  Our Foreclosure Experts have over 30 years combined experience in dealing with the Collection/Foreclosure Departments of most lenders.  In order for you to be able to qualify for this option, you must be able to afford your mortgage.  In other words, your current income must be sufficient to meet your financial obligations.  If your delinquency was caused by a one-time event like illness, loss of job or financial mismanagement, this my be your best option. 

Deed in Lieu of Foreclosure

May Be an Option to Stop Foreclosure.  If you're sure that you can't afford to keep your house, you may be able to reach an agreement with the mortgage holder whereby you simply give it back and stop foreclosure. The mortgage holder would agree to accept the deed as full settlement and cancel the remainder of your debt.  We can help negotiate this option on your behalf.

Whether or not this is a good option to stop foreclosure for you depends upon your equity in the house, the amount of outstanding debt, and what other options are available to you. Of course, the mortgage holder won't always be willing to enter into such an agreement, but if there is little likelihood that you'll be able to pay a deficiency judgment, the lender may decide that it's better to avoid the costs of a foreclosure proceeding, stop foreclosure and accept the deed as full settlement.

Sell the Property to Stop Foreclosure!

If you have significant equity in your house, selling it is a good option because it may allow you to stop foreclosure and walk away with money in your pocket. Where equity is limited (or non-existent), it can be difficult to sell the property because of the need to cover the mortgage and the other associated costs of a sale. This is especially true if you're working with a realtor, since you'll have to cover a commission as well.

In some cases, the mortgage holder may agree to a short sale. That means the lender will agree to accept less than the full amount of the mortgage. This allows you to stop foreclosure and avoid a deficiency judgment, while the lender recovers the bulk of the amount due without having to pursue foreclosure proceedings.  Once again... we can help negotiate a Short Sale for you that will bring you the most value.

Surrender the Property in Chapter 7 Bankruptcy & Stop Foreclosure!

Unlike Chapter 13 bankruptcy, Chapter 7 bankruptcy does not provide a means to save your house from foreclosure. The automatic stay entered in most bankruptcy cases will stop foreclosure proceedings, but the Chapter 7 process does not provide a mechanism by which you can catch up on your past-due payments and keep your home.

However, if you've been unable to work out an alternative and you know that you cannot afford to keep your house, Chapter 7 bankruptcy has some advantages. First, the automatic stay will temporarily stop foreclosure proceedings, giving you time to make necessary arrangements. Second, a Chapter 7 bankruptcy will eliminate most of your unsecured debt (credit card debt, outstanding medical bills, etc.), so that you may be more able to meet your regular living expenses. Finally-and perhaps most importantly-Chapter 7 bankruptcy can eliminate any deficiency judgment, so that you don't end up losing your house and still making payments to the lender.

A Foreclosure Expert Can Help You Determine Which of These Options Makes Sense

Ready to learn more about these other options to stop foreclosure?  If you’re wondering whether any of these options can help you stop foreclosure, please complete the request for a FREE CONSULTATION and an Expert will call you right back.

Glossary of Foreclosure Terms

Banks will often shower you with confusing terms and legal language. It's important that you be an informed consumer. below is a list of commonly used terms that you should be familiar with when dealing with your lender and/lawyer. Of course, you could always hire HomeAssure.com to represent you and help save your home. We deal with these same lenders on a daily basis and know how to get the job done.

Acceleration Clause

A provision that allows the lender to demand the entire balance of the mortgage loan when the borrower fails to make some installment payments.

Affidavit

A written statement, usually given while under oath or in the presence of a notary.
Annual Percentage Rate (APR).  The annual interest rate covering the interest and other costs.   The Truth in Lending Act requires announcement of APR by lenders.

Appraisal

The process by which a licensed person gives an estimate of property value.

Appreciation

The difference between the increased value of the property and the original value.

Assignment

The transfer of property to be held in trust or to be used for the benefit of the creditors (lenders).

Balloon Payment

Large installment payment required at the end of the term of the mortgage note to pay off the entire mortgage balance.

Bid

The amount for a foreclosed property for sale at auction.

Certificate of Sale

A document issued to the winning bidder at a foreclosure sale stating their rights to the property once the borrowers redemption period has expired.

Clear Title

A title that is not burdened with defects.

Credit Bid

A bid on behalf of the lender at a foreclosure sale. The bid amount must be less than or equal to the balance of the loan in default.

Decree

A judicial decision.

Deed

A signed document that shows ownership in property and allows the transfer ownership of property from one party to another.

Deed-in-lieu of Foreclosure

A voluntary transfer of title by the borrower to the mortgage company to avoid foreclosure action.

Deed of Trust

An instrument signed by a borrower, lender and trustee that conveys the legal title to real property as security for the repayment of a loan. The written instrument in place of mortgage in some states.

Default

A mortgage is in default when the borrower fails to make the payments as agreed to in the original promissory note.

Deficiency Judgment

A judgment against the borrower for the balance remaining after the property is sold at auction or foreclosure sale.

Encumbrance

Mortgage, lien, tax, or any restriction on the use of land.

Equitable Title

The present right to possession with the right to acquire legal title once a preceding condition has been met.

Equity

The value of real estate less the outstanding mortgages and debts pledged against the property.

Fair Market Value

The price a property would sell for on the open market.

Fee Simple

Common term used to indicate complete legal ownership of a property.

FHA

Federal Housing Administration under U.S. Department of Housing and Urban Development (HUD).

Foreclosure

The forced sale of property pledged as security for a debt that is in default.

Free & Clear

Ownership of property free of all indebtedness.

Grace Period

Period between the due and the overdue date during which no late payment penalty applies to the mortgage payment.

Hazard Insurance

Insurance against the destruction of the property.

Judicial Foreclosure

A foreclosure that is processed by a court action.

Lien

A charge upon real or personal property for the satisfaction of a debt.

Legal Description

A formal description of real property so that one can locate it by reference to government surveys or approved recorded maps.

Lender

A person who lends money for temporary use on condition of repayment with interest (i.e., the bank, mortgage company, etc.).

Lis Pendens

A recorded notice of pending lawsuit.

Mortgage

A written pledge of property that is used as security for the repayment of a loan.

Non-judicial Foreclosure

Non-judicial foreclosure is when a power of sale clause exists in a mortgage or deed of trust. A "power of sale" clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of their default.

Notary

A public officer licensed by the state to attest to and certify the validity of signatures of others. A notary is often referred to as a notary public.

Notice of Sale

A notice giving specific information about the loan in default and the proceedings about to take place. This notice must be recorded with the county where property is located and advertised as stated in the security document or as dictated by state law.

Personal Property

Property other than real property consisting of things temporary or movable.

Posting

To publish, announce or advertise by physically attaching a notice to an object.

Postponement

Postponement means to put off to a later time. In the case of a foreclosure sale, this is generally done by announcement at the original sale or by posting notices establishing the new date and time the foreclosure sale will take place.

Refinance

Paying off one mortgage loan by obtaining a new mortgage loan.

Right of Redemption

A borrower's right to reacquire property lost due to a foreclosure. This right allows the owner to recover property lost to a foreclosure judgment, or sold after a foreclosure sale, within a certain period of time. The redemption period varies among the states.

Request for Notice

A recorded document requiring a trustee send a copy of a Notice of Default or Notice of Sale concerning a specific deed of trust in foreclosure to the person who filed the document.

Short Sale

A sale where the lender will agree to accept less than the full amount of the mortgage. This allows you to sell the house to an investor or other buyer for a good price, while the lender recovers the bulk of the amount due without having to pursue foreclosure proceedings.

Subject To

The purchase of a property with an existing lien against the title without assuming any personal liability for the liens payment.

Title

The instrument that is evidence of a person's right in real property (i.e., a deed).

Trustee

A neutral party who advertises the foreclosure property for sale and conducts the auction to sell said property to the highest bidder.

Trustee Sale (Sheriff Sale)

An auction of real property conducted by a trustee. Also known as a Sheriff's Sale.

Upset Bid

A recorded bid placed after a foreclosure sale has ended that is higher than the highest bid received at the actual foreclosure sale.

Writ

An order or mandatory process in writing issued in the name of a court or judicial officer commanding the person to whom it is directed to perform or refrain from performing a specified act.

 

Let Us Negotiate With Your Lender For You

The single-most important factor in stopping foreclosure is SPEED

Time is not your friend... You don't have a lot of time. Our counselors know exactly what to do and will work diligently with your lender and provide you with all options that are available for your situation to Stop Your Foreclosure Quickly!

Here are some of the basic options available to you when you work with us:

• Restructure (Most Popular Alternative) - We can negotiate with your lender to get your loan in good standing again. This can be accomplished through a separate payment plan for your delinquency or even adding the delinquency to the end of your loan.   Sometimes we can even lower your monthly payment!
• Reinstatement - Pay your lender(s) all of your past due payments to bring your mortgage current. This option is rarely feasible.
• Refinance - We have established relationships with very reputable lenders who can give loans on mortgages that are in foreclosure if there is enough equity in your property available.
• Sell Your Home - You may simply sell your home before the Foreclosure Sale Date. Sometimes the home owner is unable to sell the home outright at the desired sale price and this is not an option.
• Short Sale - We may be able to negotiate a Short Sale on your behalf with your lender(s). In this instance the lender may take less than what you owe on the loan to avoid a lengthy and costly foreclosure process.
• Deed-in-lieu of Foreclosure - We can arrange for you to simply give the home back to the lender and walk away with a clean slate.
• Bankruptcy - This is a last resort. This will only save your home temporarily. If you miss one payment during this process the lender will put you right back into foreclosure.
• Foreclosure - You may elect to allow the home to be entered into mortgage foreclosure. This is the most damaging to you. The lender will take your home and all of your equity. If there is no equity, your lender may get a deficiency judgment against you and come after you to repay the shortage or “deficiency”. This is the most damaging to your credit and your ability to acquire another home loan.

What Happens During Your Free Consultation?

Questions... Questions... Questions...

During your FREE Consultation we will be asking you a series of questions concerning your any or all of the following:

• Your Delinquency - We may ask you specific questions concerning the amount you owe, how may months past due you are, who your lender is, how many mortgages you have on your property, etc.
• Income & Employement - We may ask you questions regarding your employement status and income levels. This will be important in determining which plans (if any at all) may be suitable for you.
• Financial Obligations - We may also ask you questions regarding your financial obligations. This information is also important in helping us determine which options (if any) are suitable for your situation.

After your initial consultation, we should have a clear feel for where you stand and if we think we can help you. You can rest-assured that we will be honest with you regarding your situation. We will NOT waste your time or give you false hope as we understand how stressful this situation already is for you. Please take a look at our Guarantee for more information.

Time is the most critical factor here.  With every day that passes, our options become limited or more complex.  Every day makes a difference.  Don't hesitate another minute!