Financial hardships, such as the sudden loss of a job, can often force homeowners to delay payments on their monthly mortgage. Unfortunately, when a homeowner starts to fall behind on their payments, they run the risk their lender may try to foreclose on their home.
In this article, we're going to explain how homeowners can attempt to avoid foreclosure. As part of that discussion, we'll first talk about the process timeline. Then we'll provide some tips on how to avoid foreclosure, and the available alternatives. Finally, we'll talk about some of the common scams that prey upon the fears of homeowners experiencing financial problems.
The process of going into foreclosure starts out quite innocently as the first monthly mortgage payment is missed. Eventually it progresses into a legal proceeding that involves attorneys and the public sale of the home. While each state may have a slightly different process and timeline, the steps are very similar:
As mentioned earlier, it's possible to avoid foreclosure by working with the lender. It is especially important to acknowledge a problem exists. Working cooperatively with the lender includes answering all of their phone calls and responding to all of their written notices. Ignoring the problem will only make matters worse, since all legal proceedings will continue to progress. Ignorance is not an excuse in a court of law, and that advice applies to foreclosures too.
Borrowers that are having trouble making their monthly mortgage payments need to organize their original loan documents and read them carefully. These documents will outline all protections as well as obligations. It's also important to understand the exact foreclosure laws that apply since timelines and processes will vary by state.
The most effective way to avoid foreclosure is to start making monthly mortgage payments again, but that's easier said than done. Creating a household budget can help the homeowner to separate discretionary spending from essential household expenses. Elimination of all optional monthly costs, including membership fees, can help free up enough money to start making payments once again.
Losing a home to foreclosure is an unpleasant experience and saving the home can mean taking drastic measures. This can include delaying payments on monthly credit cards, and even the sale of a car, boat, and / or other valuable items such as jewelry.
Even though lenders can seem heartless when borrowers are struggling, they really do want to avoid foreclosure too. That's because the process is expensive to the lender. It's really a lose / lose proposition for both the lender as well as the borrower.
The biggest problem lenders have is trying to separate individuals that will never make another mortgage payment from those that are financially struggling in the short term. If the borrower is able to convince the lender they can afford the mortgage in the long term, they may be more willing to work with the borrower to find alternatives to foreclosure.
The following is a list of some actions that can be taken with, or without, the lender's help.
Whenever money is involved, there are always less-than-reputable individuals willing to profit from the hardships of others. The last thing someone needs when he or she is struggling to meet a monthly mortgage obligation is to pay someone to help prevent foreclosure.
Any available money in a household should be directed towards paying back a lender, not paying a company to negotiate with one. Here we're not necessarily talking about a fraudulent offer or a scheme that will charge fees and not provide any real help, which does happen. We're talking about legitimate businesses that charge extremely high fees for a service that can be obtained free from the lender or a government agency such as the U.S. Department of Housing and Urban Development.
Beware of companies stating they can stop the foreclosure process if the borrower signs documents turning over control of the home. This is sometimes referred to as a repurchase or leaseback scam.
Signing the deed to a home over to another party gives that person the ability to charge rent and / or evict everyone from the home. Since the mortgage is still in the borrower's name, they remain the responsible party for paying the mortgage if the scam artist stops paying.
In fact, anytime the title to the home or the deed is signed over to another company, there is a risk of losing the home. Don't ever sign a legal document without reading it thoroughly, and seeking the advice of an experienced attorney.
About the Author - Avoiding Foreclosure (Last Reviewed on September 14, 2016)