Fighting foreclosure in the last two years has been the number one issue for the homeowners. However, homeowners are still losing their homes in record numbers. Therefore, how can homeowners survive foreclosure? What is the foreclosure time line and the reasons for foreclosure.
Foreclosure is a legal solution to a contract breach by the homeowner. To cure the problem both parties (bank and the homeowner) must decided upon a solution. If there is no agreement reached between the homeowner and their lender then the lender is forced to act on their own with foreclosure being the end result. There regulation in place to protect the homeowner by requiring the lender to prove that they have tried to work with the homeowners. This can come in the form of loan programs or loan modification. Disclosures in the form of written notices will be mailed to you the homeowner regarding a possible foreclosure.
The lender can use a loan servicer to help as a go between to help move the foreclosure process along. This could be a benefit as well a problem. The servicer really could stand in the way of the homeowner not getting the best deal from their lender. So if you find yourself in this position you must be careful when negotiating with your Loan Servicer. The servicers are the ones who move the file to the attorney. Recently home owners have challenged these law suit under the legal question, who really own their mortgages. What they found is that the lender could be on the mortgage note but it is servicer who brings the law suit against them. In fact in some case the note can not be established.
One of the questions we need to answer at this point is, who should we talk to first? Here are a few people under consideration: a non-profit counselors, lender or servicer? Any of them could help you but it makes more sense to talk to your lender first. However, some lenders use a counseling company to handle the easy upfront qualifying part of the loss mitigation process. If your loan was approved for a modification it would be the lender that would generally make that decision. There are quite a few non-profit organization that are very good at helping you if you just cannot get anywhere with your lender. These organizations can meet with you in person with just an appointment.
Well if for some reason your income or job is not acceptable to your lender to get an approved modification or even forbearance, then they might go another step, which is to file the foreclosure. Typically, if you miss three monthly mortgage payments, the loan servicer will send you a letter stating the intention to foreclosure.
Within 30 days, complaint will be file in the courts stating the loan servicer will foreclosure. At this point you must answer the complaint. I would suggest you hire an attorney. I have been recommending finding an attorney with companies like Prepaid Legal. Even though they might not work like a personal attorney at least they can help you answer the complaint. The fact is most people are not comfortable helping you with such legal questions, or answering a complaint to a law suit. Any way you must answer this complaint with in 30 days. Doing this ensures you will know of the future proceedings and will give you a chance to dispute the lender’s chance.
Once this court hearing is on its way, be ready for the attorney for the lender to request a default judgment against you the homeowner and set a foreclosure date, which could be three months after the judgment or seven months after you were first served with the complain, whichever is later.
Let’s say you could not stop the foreclosure then your home would be put up for public auction where anyone can bid on the home. 99% of the time your lender will be the purchaser of your home and sell it privately. In Fact there is an entire business set up around this part of the process, where an investor go in and purchase your property and make repairs and sell for a profit.
I have known homeowners just before the foreclosure by the judge the homeowner file chapter 13 which give them time to deal with the issue. The reasons that caused so much of these foreclosure can be a direct result of lack of job, illness, or divorce which could lowered your credit and so you no longer qualify to refinance or get a new loan to stop foreclosure. However, the chapter 13 gives the homeowner’s time to deal with it. Any way once a house is sold by the lender: a court holds a hearing to enter an order declaring it sold. It has 30 days of stay, allowing time for the homeowner to vacate the resident.
If for some reason you remain in the home then come the dreaded part, a sheriff will post an eviction notice and date. If you have not left within that time, the sheriff will enter the house and remove your belongings. There was a story a few days ago about a woman that chain herself to her house, declaring that she was not going without a fight. The fact is the law will win.
Here is the great news lender really don’t want to foreclosure, they want to work out payments with you. Even at this late stage of setting up a date to sell your home by your bank, if you come up with a plan that the services or lender can accept they will make the resumption of the mortgage you could stop the foreclosure.
A homeowner has option such as modification, which could make your loan more affordable to you making the repayment plan work, bring your mortgage payment lower. They might even agree to a short sale, which is accepting a lower payoff. Of course this one means you have to move fast and sell your property.
I have done mortgages with buyers who have had a bankruptcy at least three years in their past. Today some lender wants four to five years. Foreclosure can have serious repercussions on your credit and your ability to obtain a new home or additional credit.
We hope this information was helpful to you. In the coming weeks I will continue to post more information that I think will help home owners fight foreclosure and stay in their home.