How to Avoid Foreclosure
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The guidance below (and in the "How to Avoid
Foreclosure" pamphlet) is applicable to homeowners with FHA Insured loans. While a good deal of this information may apply to all homeowners in danger of losing their homes, not all of the foreclosure avoidance tools mentioned may be available to you if you have a VA or conventional loan. Additionally, HUD/FHA does not have any Loss Mitigation oversight over VA or conventional loans. Please contact your lender or a housing counseling agency.
Q: What Happens When I Miss My Mortgage Payments?
Foreclosure may occur. This is the legal means that your
lender can use to repossess (take over) your home. When this happens, you must move out of your house. If your property is worth less than the total amount you owe on your mortgage loan, a deficiency judgment could be pursued. If that happens, you not only lose your home, you also would owe HUD an additional amount. Both foreclosures and deficiency judgments could seriously affect your ability to qualify for
credit in the future. So you should avoid foreclosure if
possible.
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Q: What Should I Do?
1. DO NOT IGNORE THE LETTERS FROM YOUR LENDER.
If you are having problems making your
payments, call or write to your lender's Loss Mitigation
Department without delay. Explain your situation. Be
prepared to provide them with financial information, such
as your monthly income and expenses. Without this
information, they may not be able to help.
2. Stay in your home for now. You may not qualify for
assistance if you abandon your property.
3. Contact a HUD-approved housing counseling agency.
Call (800) 569-4287 or TDD (800) 877-8339 for the
housing counseling agency nearest you. These agencies are valuable resources. They frequently have information on services and programs offered by Government agencies as well as private and community organizations that could help you. The housing counseling agency may also offer credit counseling. These services are usually free of charge.
Q: What Are My Alternatives?
You may be considered for the following:
Special Forbearance.Your lender may be able to arrange a repayment plan based on your financial situation and may even provide for a temporary reduction or suspension of your payments. You may qualify for this if you have recently experienced a reduction in income or an increase
in living expenses. You must furnish infoinformation to
yourlender to show that you would be able to meet the
requirements of the new payment plan.Mortgage
Modification. You may be able to refinance the debt and/or extend the term of your mortgage loan. This may help you catch up by reducing the monthly payments to a more affordable level. You may qualify if you have recovered from a financial problem and can afford the new payment amount.Partial Claim. Your lender may be able to work with you to obtain a one-time payment from the FHA
Insurance fund to bring your mortgage current. You may
qualify if:
1. your loan is at least 4 months delinquent but no more
than 12 months delinquent;
2. you are able to begin making full mortgage payments.
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When your lender files a Partial Claim, the U.S.
Department of Housing and Urban Development will pay
your lender the amount necessary to bring your mortgage
current. You must execute a Promissory Note, and a Lien
will be placed on your property until the Promissory Note
is paid in full.
The Promissory Note is interest-free and is due when you
pay off the first mortgage or when you sell the property.
Pre-foreclosure sale. This will allow you to avoid
foreclosure by selling your property for an amount less than
the amount necessary to pay off your mortgage loan.
You may qualify if:
1. the loan is at least 2 months delinquent;
2. you are able to sell your house within 3 to 5 months; and
3. a new appraisal (that your lender will obtain) shows that
the value of your home meets HUD program guidelines.
Deed-in-lieu of foreclosure. As a last resort, you may be
able to voluntarily "give back" your property to the lender.
This won't save your house, but it is not as damaging to
your credit rating as a foreclosure.
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You can qualify if:
1. you are in default and don't qualify for any of the other
options;
2. your attempts at selling the house before foreclosure
were unsuccessful; and
3. you don't have another FHA mortgage in default.
Q: How Do I Know if I Qualify for Any of These
Alternatives?
Your lender will determine if you qualify for any of the
alternatives.
A housing counseling agency can also help you determine
which, if any, of these options may meet your needs and
also assist you in interacting with your lender. Call (800)
569-4287 or TDD (800) 877-8339.
Q: Should I Be Aware of Anything Else?
Yes. Beware of scams! Solutions that sound too simple or
too good to be true usually are. If you're selling your home
without professional guidance, beware of buyers who try to
rush you through the process. Unfortunately, there are
people who may try to take advantage of your financial
difficulty. Be especially alert to the following:
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Equity skimming. In this type of scam, a "buyer"
approaches you, offering to get you out of financial trouble
by promising to pay off your mortgage or give you a sum
of money when the property is sold. The "buyer" may
suggest that you move out quickly and deed the property to
him or her. The "buyer" then collects rent for a time, does
not make any mortgage payments, and allows the lender to
foreclose. Remember, signing over your deed to someone
else does not necessarily relieve you of your obligation on
your loan.
Phony counseling agencies. Some groups calling
themselves "counseling agencies" may approach you and
offer to perform certain services for a fee. These could well
be services you could do for yourself for free, such as
negotiating a new payment plan with your lender, or
pursuing a pre-foreclosure sale. If you have any doubt
about paying for such services, call a HUD-approved
housing counseling agency at (800) 569-4287 or TDD
(800) 877-8339. Do this before you pay anyone or sign
anything.
Q: Are There Any Precautions I Can Take?
Here are several precautions that should help you avoid
being "taken" by a scam artist:
1. Don't sign any papers you don't fully understand.
2. Make sure you get all "promises" in writing.
3. Beware of any contract of sale of loan assumption where
you are not formally released from liability for your
mortgage debt.
4. Check with a lawyer or your mortgage company before
entering into any deal involving your home.
5. If you're selling the house yourself to avoid foreclosure,
check to see if there are any complaints against the
prospective buyer. You can contact your state's Attorney
General, the State Real Estate Commission, or the local
District Attorney's Consumer Fraud Unit for this type of
information.
Q: What Are the Main Points I Should Remember?
1. Don't lose your home and damage your credit history.
2. Call or write your mortgage lender immediately and be
honest about your financial situation.
3. Stay in your home to make sure you qualify for
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assistance.
4. Arrange an appointment with a HUD-approved housing
counselor to explore your options at (800) 569-4287 or
TDD (800) 877-8339.
5. Cooperate with the counselor or lender trying to help
you.
6. Explore every alternative to keep your home.
7. Beware of scams.
8. Do not sign anything you don't understand. And
remember that signing over the deed to someone else does
not necessarily relieve you of your loan obligation.
Act now. Delaying can't help. If you do nothing,
YOU WILL LOSE YOUR HOME and your
good credit rating.
Don’t Let Them Take Your Home