In recent years there have been numerous factors that have led to record breaking foreclosures in many states. Some of the contributing factors have been unscrupulous lending practices, flat markets, and employment rates; but also uneducated or undisciplined choices by homeowners have played a large part. We are going to briefly discuss some things that can be done to protect against finding yourself in this position, but also what to do if you or someone you know is already facing foreclosure. First its important to understand that foreclosure processes are a little different from state to state, so some changes may need to be applied to this information for your state. However, foreclosure generally works as follows: -At 90 days late the lender notifies its attorney to begin foreclosure. -Attorney files appropriate document with county -A sale date is set roughly 2 months out (depends on state) -House gets sold at auction (actual foreclosure) -Homeowner has right to redeem for state specific period Prevent Foreclosure before it ever starts. A common mistake that gets people into a position to be foreclosed on is pulling out their equity to be used for consumer purchases (buying stuff!) No matter how good the interest rate youll get on the line of credit or refinanced money, if you dont think youll use it wisely, dont touch it. Another common mistake is paying too much for the house to begin with, especially in a flat or slow market with little appreciation. Even in a hotter market, appreciation should be considered gravya bonus IF it happens, NOT a strategy. Buy the house right, to begin with then dont tap the equity for silly reasons. Its a good idea to keep a minimum of 3 total mortgage payments in savings in case you run into trouble (temporary loss of income, etc.). This way even if you do have a set back, you wont even have mortgage late pays on you credit. If discipline is tough for you, create a separate bank account just for this. Out of site out of mind. If youre already late on payments: Communicate with your lender. Express your hardship to them right away and that you are interested in getting it resolved. They will be willing to work with you at this stage if you are open. Communicate! Cut back on any unnecessary expenses you can. If you have to talk to other creditors and explain that you will need to work out a different payment plan with them, do it. Ask your lender about a forbearance agreement. This is basically when your lender agrees to take the arrears amount and divide it by 6 months or 12 months, then tack that amount onto your payments. Note: your payments will go UP in this situation, so your financial situation must have improvement. WARNING: most people dont realist that during a forbearance agreement, you are still racking up late payments until everything is caught up. This can seriously damage your credit. In very serious cases your lender may consider agreeing to a loan modification. This is when you and your lender restructure your existing loan, in essence replacing it with a new one. They will require specific documentation to do this. Communicate. When you can not keep your house and must sell. If your financial situation has not changed and you expect it to remain that way for quite awhile, it will probably be in your best interest to sell. In this situation time is of the essence. Here you basically have 3 options: - Sell the house yourself (FSBO)
- List it with a real estate agent
- Work with an investor
We really dont recommend trying to sell yourself in these situations. Bar none, your first objective is to avoid foreclosure, and the foreclosure clock runs fast most everywhere. If you choose to work with an agent, make certain that they understand your situation. We suggest you insist on being able to cancel your listing agreement at any time and not being locked into a listing for 3-6 months (3-6 months you dont have before foreclosure!) When people come to us for help in this situation, too often theres little time left because they chose to list the house with an agent, it didnt sell, and now the sale date is right around the corner. Its important to understand that your listing is advertising for that agent- not necessarily to attract a buyer for YOUR house. This is not right or wrong, it just is. If you owe close to what your house is worth, we suggest you think carefully before listing it. If you choose to work with an investor, again, make certain that they are very knowledgeable with pre-foreclosure. This can be a very good situation for you, as you can get everything resolved immediately without waiting on a buyer. If you owe the propertys value, its important that the investor understand how to deal with your lender as they may need to negotiate with them for the purchase of the house. Again, you want to work with someone who is knowledgeable and can produce results in this tight time frame. If this person/company seems unsure of themselves, move on. Just because someone has the title of investor or agent or even lawyer, does not automatically mean they can properly help you. At this stage whatever you do, dont become complacent; this is the #1 problem that can jeopardize your financial future. You can avoid foreclosure, but you must be proactive.
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