Skip Navigation.

Foreclosures: When to Consult an Attorney

September 30th, 2008

In the United States, foreclosures are hitting an all-time high.  What does this mean?  It means that you may be impacted, if you haven’t already been.  When it comes to foreclosures, many homeowners and renters do not know where to turn.  There may come a point in time when you need to consult with or hire an attorney.

 

Most media attention surrounding foreclosures is focused on the property owner.  Yes, many of the individuals facing foreclosure are owners of single-family homes that they live in, but not always.  A large number of rental property owners are finding themselves in foreclosure.  As a renter, you may be curious as to what your rights are.  If you want professional assistance, an attorney should be contacted.

 

In keeping with renters facing eviction due to foreclosure, proper notice must be given.  Regardless of who is trying to have you evicted, whether it be the bank or the new property owner, proper notification is a must.  In most states, a written, legal eviction notice is needed.  Depending on your state, you may be given up to a month or more to move.  Generally, you will not be expected to move out overnight.  Also, until an eviction notice has been served, you cannot have your belongings moved from your apartment or have your utilities shut off.  If this occurs, contact an attorney right away.

 

If you are a homeowner facing foreclosure, it may be in your best interest to consult with an attorney right away.  As soon as your bank issues intent of foreclosure, it is best to explore your legal options.  Remember, however, that you may want to work out an agreement with your financial lender, as they too want to avoid foreclosure.

 

One of the many reasons why you are encouraged to contact a lawyer, namely one who specializes in foreclosure, is because they have legal tricks up their sleeve.  A lawyer can help you stop foreclosure proceedings in their tracks.  One of the ways that this is done is by declaring bankruptcy.  Bankruptcy can temporarily put a hold on foreclosure proceedings.  In some states, homeowners can receive protection when filing for bankruptcy, meaning that their home cannot be touched.  Since there are various rules and restrictions concerning this exemption, professional legal advice is recommended.

 

Unfortunately, another issue that homeowners facing foreclosure have to deal with are foreclosure scams.  There are individuals and companies out there who claim to be professionals who can help you get back on track.  They may offer to buy your home or and draft up a new mortgage for you.  Many times though, homeowners end up paying more money than before.  Do not let yourself become a victim and if you do, contact an attorney immediately. 

 

Better yet, companies implementing the above mentioned foreclosure scams will require that you sign documents, which may essentially turn over ownership to them.  Never sign anything without reading it yourself, but have an attorney take a look as well. When doing so, do not use the lawyer recommended to you.  Instead, choose a lawyer that is locally based and well-known and trusted throughout your community.  Ask those that you know for recommendations or find ratings and reviews online.

 

As previously stated, you may want to contact an attorney who specializes in foreclosures as soon as you spot trouble on the horizon.  This is important, as even the best lawyers have their hands tied when the foreclosure proceedings actually start.  Remember that a warning of intend to start foreclosure, does not mean that the process has already started.  That is why it is vital that you seek professional advice as soon as possible.

 

In short, a lawyer specializing in foreclosures can provide legal assistance to both renters and homeowners.  Don’t let yourself fall victim to foreclosure scams or get taken advantage of by your financial lender or landlord; be sure to seek legal help and do it fast.

Foreclosures: When to Accept Your Fate

September 29th, 2008

Millions of homeowner are currently in danger of losing their homes.  Why?  Because of foreclosure.  Due to the high unemployment rate, poor job outlook, rising fuel and food costs, many homeowners just can’t afford their homes anymore.  If you find yourself in this situation, you may be unsure as to what you should do.

 

One of the most common questions asked by those facing foreclosure is when you should just accept your fate.  In all honesty, this is a step that most homeowners are advised against taking.  Before deciding to give up on your home and move, it is important to know and familiarize yourself with your options.  First, know that there is help for you.  This help can come from an attorney specializing in real estate or foreclosures, a HUD approved housing counselor, or even your financial lender.

 

If you are a homeowner, foreclosure should not come as a surprise to you.  You will receive numerous phone calls and letters from your financial lender, even before the foreclosure process begins. If you intend to act, now is the time to do so.  If you are faced with only temporary financial hardships, such as an injury that will keep you out of work for three months, speak to your lender.  They may be willing to workout a temporary payment plan with you. This plan may result in short-term lower payments.  Remember, the sooner you act, the better your chances are.  Lenders are less likely to work with you when you already owe them a large amount of money.

 

As it was previously stated, you may want to seek help from an attorney that specializes in foreclosures.  Many are familiar with steps that you can take to stop your bank from foreclosing on your property.  One of those steps may involve declaring bankruptcy.  In some states, this is enough to cause a bank to hold off on the process of foreclosure.  Also, an experienced lawyer may make it so that your home cannot be touched during bankruptcy.

 

Regardless of which action you decide to take, you should do so with the assistance of a trusted professional.  However, it is important to make sure that you seek that assistance in a timely matter.  For example, in some states foreclosure proceedings cannot be stopped once they have started.  That is why as soon as you notice financial problems or receive an intent to file foreclosure notice from your lender, you need to act and fast.

 

Once the foreclosure proceedings have started, like when you see your property listed for sale online or in the newspaper under foreclosure auctions, you may need to start accepting your fate.  Many of your friends and family members will encourage you to stay and fight, but you may suffer legal consequences for doing so.  Banks and new property owners can legally have you evicted from your home and you will need to move.

 

This is also the point in time when many homeowners are thinking of ways to stay in their home.  Renters are encouraged to speak to the new property owner to see if they can continue renting and living in the rental unit.  This approach often works for renters, but it is unlikely to work for you.  If your home is a single-family home, it will likely be lived in, not used as a rental property.  Although you can ask or even beg to stay in the home, you may want to start getting your belongings and finances in order. 

 

Rental apartments usually require security deposits.  Make sure you can afford this required deposit.  Look into other fees and expenses, such as the cost of renting a moving van.  Start looking for affordable apartments or make arrangement with friends or family members right away.  If you are not prepared or choose to ignore your eviction notice, you may, literarily, find yourself out on the street, if not in jail.

 

Foreclosures: How to Get Your Lender to Help

September 28th, 2008

When homeowners are facing foreclosure, the mortgage lenders often become referred to as evil, heartless people.  While this anger in understandable, it could be in the way of you keeping your home.  Unless you foresee having financial problems for years to come, you will want to make nice with your financial lender.  After all, they may be able to provide you with an alternative.  This alternative can keep your home out of foreclosure or stop the current process right in its tracks.

 

The first step in getting your lender to work with you, to avoid foreclosure, is speaking with them.  You will get nowhere by avoiding them.  Whenever you receive a warning or an intent of foreclosure notice or a phone call, start making plans to contact your lender.  While you may want to head straight to your local bank branch, you may want to take a few hours or a day to reflect on the situation.  This will allow you to develop a plan of action, a plan of action that will be successful.

 

Before meeting with an official at your bank, it is important to know what you will say and how you will say it.  This is key to keeping your home out of foreclosure.  Although financial lenders want to avoid foreclosures at all costs, they don’t want to keep on losing money.  Lenders are usually unwilling to work with those who don’t show true interest in rectifying the situation. That is why a plan of action is required.

 

As for that plan of action, collect as much information as you can about your current financial situation and the cause of it.  For example, are you currently laid off, but looking for a new job?  Take your updated resume to with you.  It can help to show that you are actively looking for a job and trying to save your home.  Let them know of any upcoming interviews you may have scheduled as well. 

 

If you are out of work due to an injury and that injury is only temporary, get notices from your doctor and your place of employment.  This will prove to your lender that you still have a job waiting for you and will be able to return to work soon.  Proving that you do intend to make your mortgage payment in full and as soon is possible is key to avoiding foreclosure or stopping it.

 

Next, it is important to consider your appearance and your attitude.  Starting with your appearance, it is important to walk into the bank with your head held high.  You will also want to dress professionally.  Women should wear dresses or pantsuits.  For men, pantsuits are also recommended.  Avoid casual clothing.  For many financial lenders, a borrower who carries himself or herself in a professional manner shows responsibility.  Responsibility is another important key to getting your lender to work with you.

 

As for your attitude, make sure that you don’t have one.  As previously stated, financial lenders often become the bad guys when foreclosure is threatened or when the process gets started.  No matter how angry you are with your lender, do not let your anger show. 

 

If you learn that your financial lender is willing to work with you, to help you avoid foreclosure, they may offer their own suggestions.  You can take these suggestions, but don’t get in over your head.  Reduced mortgage payments are nice, even if they are only temporary, but make sure that you can pay them.  If a strict deadline is set for the return of the originally agreed upon payments, make sure you can make those payments too.  If not, the whole foreclosure warning process will start again.

 

In short, always approach your financial lender if you suspect foreclosure is on the horizon or as soon as the proceedings start.  Since lenders lose money on foreclosed properties, they want to avoid foreclosure just as much as you do. 

 

 

 

Foreclosures and the Impact on Renters

September 27th, 2008

Much attention is placed on homeowners facing foreclosure.  Yes, this attention is well deserved, but it appears as if many media and news organizations have forgotten about the impact foreclosure has on renters.  If you are a renter living in a property that is facing or is in the middle of foreclosure proceedings, you may not know what to do or where to turn.  For you, it may seem like you are at the end of your rope.

 

When facing foreclosure, many renters will simply just cut their losses and relocate.  This may mean having to move without recouping a security deposit.  Unfortunately, there are some renters, possibly you, who cannot up and afford to relocate, especially without getting your security deposit back.  When renting a new apartment, most landlords require a security deposit and if you weren’t prepared to move, you may not have the money.

 

There is another serious issue that renters forced to relocated are facing.  Foreclosures are on the rise.  What does this mean?  It means that an unprecedented number of homeowners have no place to live.  This often turns them into renters.  Unfortunately, this lessens the availability and rental choices for renters, like yourself.  It may mean that you have to pay more in rent or move to another city or town.

 

As previously stated, many renters decide to throw in the towel and relocate.  If you are unable to do so, you may want to wait and see what happens. Of course, during this time you should take steps to protect yourself.  Save enough money to cover your moving expenses, including a new security deposit.  You will be prepared in the event that you are legally evicted from the property.  You should, however, know that eviction from a property in foreclosure is not something happens overnight.  You usually have a few days or even a few weeks to make alternative living arrangements.

 

Before making a decision, all renters are urged to look at the property in question.  Are you renting a unit from an apartment complex or a multi-family home?  If you are, you may be able to stay.  Investors at foreclosure auctions often purchase rental units.  These investors want to see a return on their profit.  The way to do this is to make sure their rental units are filled with quality, on time paying tenants.  With that said, if you are renting a single-family home, you may want to prepare to relocate.  Unlike with rental properties, single-family homes are often purchased in foreclosure auctions by those looking to live inside.

 

Despite the fact that some new rental property owners may be willing to work with you and let you continue to rent, there is no guarantee that the property will sell.  When low bids are received at a foreclosure auction, the original lender often steps up to the plate and buys the home.  In this case, the home is no longer considered a foreclosure, but a REO (real estate owned) property.  Unfortunately, this doesn’t always workout well for renters.  With REO properties, lenders, who are also known as investors, may start the eviction process right away.  Many cannot or do not want to become property managers, even just for a month or two.

 

As previously stated, foreclosures can occasionally come as a surprise to renters.  Your landlord will receive multiple warnings and notices, but they are not required by law to share them with you.  Renters usually become aware of foreclosure proceedings when notices are placed on the building.  At this point in time, you should contact the lender in question.  See what your options are. Can you buy the property yourself?  If you can prove that you have a stable income, the lender in question may be willing to work with you.

 

As a recap, foreclosures are having a significant and usually negative impact on renters.  If you are a renter who lives in a property that is facing foreclosure or if you fear foreclosure is looming, you may want to start making preparations to ensure that you are well prepared for what is to come.

 

Foreclosures and Renters: What Are Your Rights?

September 26th, 2008

When you hear about foreclosures on the news or read about foreclosures in the newspaper, you will see that most of the attention is placed on the homeowner in trouble.  Unfortunately, it seems as if renters have simply just been forgotten.  That doesn’t, however, mean that they are exempt from foreclosure related evictions.  If you are a tenant of a rental property, foreclosure should be a concerned of yours.

 

The most common fear of renters is coming home to a sign on the door stating that they must be out within twenty-four hours.  Typically, this will not happen.  Many states have laws that are designed to prevent this from happening.  Although it does vary, depending on the state, banks are usually required to post foreclosure notices on the building within twenty days.  These are notices that you should be able to spot. 

 

Another way that you can know if your rental unit is headed for foreclosure is by regularly examining listings.  These foreclosure listings are easy to find online.  Properties in foreclosure should also be listed and be available for viewing in your local city, town, or village offices.  Although you may want to refrain from outright asking your landlord if he or she is facing foreclosure, especially if no signs are showing, it may help to calm your fears.

 

Even if your building is being foreclosed on, you may not necessarily have to start packing your bags.  Some states make it so that your lease trumps the foreclosure.  This protection often occurs when a new owner is unable to afford their mortgage.  For example, is your one or two year lease with the previous owners?  If you entered into the rental agreement before the mortgage in question was obtained, the buyer of the foreclosed property may have to honor your lease.

 

Renters are also provided with a small amount of foreclosure protection when they rent from a rent stabilized unit or when they are a part of a federal housing program.  In many states, those on Section 8 cannot be evicted from the rental unit without reasonable cause, even when ownership is transferred.  Some states and local governments also state that foreclosure is not a good enough reason to evict those in rent stabilized housing units.  Since these exemptions vary depending on local and state governments, be sure to verify this information ahead of time.

 

Although you may be offered some protection as a renter, the new owner of your property may have other plans.  Know that you cannot be threatened or forcefully removed from the premises until a proper eviction notice has been served.  In most areas, this is not something that just happens overnight, so you should have some notice.  Until that time arrives, you should not have your locked changed, have your belongings moved from the premises or have your utilities shut off.  In the event this does happen, contact the authorities and a lawyer.  In the event your utilities are shut off, the health department can and should be notified.

 

Another concern that renters have, concerning foreclosure evictions, is their security deposit.  Since most rental properties require the payment of a security deposit, those forced to move unexpectedly are often left in a pinch.  In all honesty, it doesn’t matter how well clean or cared for you kept the rental unit, you may have difficulty recouping your security deposit.  New owners are often exempt by law from having to pay it.  You can sue the previous owner, your last landlord, but this process can be time consuming and costly.

 

As you can see, you do have multiple options when facing foreclosure, as a renter.  For more assistance, you will want to consult with a housing counselor that is approved by HUD (The United States Department of Housing and Urban Development) or a lawyer.  If and when you consult with a lawyer, select one that has experience handling legal matters that concern housing and tenant rights.

 

Foreclosures and Moving: What to Do

September 25th, 2008

Are you a homeowner who has been receiving multiple phone calls and letters from your mortgage holder?  If so, are you facing foreclosure?  Many homeowners say that they are surprised to be facing foreclosure.  With that said, the telltale signs are often there.  Most reputable financial lenders, including locally owned and operated banks, will do just about anything to keep borrowers in their homes.  Unfortunately, this is an important point that many either do not know or just do not take into consideration.

 

If you are a homeowner who has received an intent to foreclose notice, you may want to start packing your bags right away.  Yes, this does sound like the most logically step to take, but it isn’t your only option.  As a reminder, financial lenders want to keep borrowers in their homes, especially those that are only facing temporary financial hardships.  That is just one of the many reasons why you should pick up the phone and schedule a meeting in person with the bank’s chief loan officer.

 

Before your property enters into foreclosure, homeowners are also encouraged to try and sell their property.  In some states, the process of foreclosing on a home and it acquiring a new owner can take up to 120 days.  This does leave you room to try to find a new buyer.  You may have nothing to lose by placing a for sale sign in your yard or by placing advertisements in your local newspaper.  You may even want to use the assistance of a professional real estate agent.

 

When trying to sell your home at the last minute, there are some important steps that you must to take.  If you want to sell your home at any costs, remember that you still need enough money to payoff your current mortgage.  For example, if you owe $50,000 on your mortgage, you cannot sell your home for $45,000.  It is also important to take your moving and living expenses into consideration.  Make sure that you walk away with enough money to help you find a new home, even if it only involves renting an apartment.

 

As it was previously stated, the entire process of foreclosing on a property can take up to 120 days or more in some states.  Instead of moving right away, you can use this time to try and make good on your outstanding mortgage.  Consider selling your valuables or getting a second job.  At the very least, stay in the home and save as much money as you can.  Remember, you need to have access to some money to move and rent a new apartment.

 

There are also a select number of states who give foreclosed property owners time to essentially reclaim their home.  These laws are referred to as redemption period laws.  If your state has these laws in place, you may not even be required to move right away after your home is sold at a foreclosure auction.  With that said, if you not anticipate being able to re-buy your home or get your mortgage in good standing, you should start making arrangements to leave the property.

 

As for when you do move, there are a number of important steps you will want to take.  First, remove all of your belongings from the home in a timely matter.  After a set period of time, you may lose ownership of these items due to abandonment.  Losing your home to foreclosure can be a stressful, frustrating, and maddening experience.  No matter how mad or upset you are, no good can come from “trashing,” the property before you leave.  In fact, you may face legal repercussions for doing so.  Be sure to leave with your head held high.

 

As a reminder, foreclosure laws and the rights that homeowners have vary by state.  Before you pack up and leave your home it is important to review these laws or speak with an expert.

 

Foreclosure: Your Options As a Renter

September 24th, 2008

Are you a renter who is concerned with foreclosure?  With the recent media attention it has received, you may be and with good reason.  Although many renters are blindsided by a foreclosure eviction notice, others may have seen the signs coming.  Whichever side of the fence you are on, it is important to know what your options are.

 

One of the most common decisions made by renters who have either been served with a foreclosure notice or see it coming is to throw in the towel and move.  Many decide this is the safest and easiest approach to take.  With that said, know that you may face a number of obstacles.  Unless your landlord has received a foreclosure notice, they do not need to let you out of your lease.  If this happens, you legally need to continue paying rent. 

 

Next, you may find it difficult or impossible to retrieve your security deposit.  This may be a problem if you weren’t anticipating to move, as you may not have the funds needed to pay a new security deposit on a new property.  This doesn’t mean that you will be left homeless or put out on the street.  Remember that you don’t have to move until you receive a legal eviction notice.  Next, talk to prospective landlords about your situation.  If your current landlord can vouch that you do make on time payments, you may be able to make your security deposit in affordable installments.

 

As previously stated, you do not legally have to move from your rental unit until you have received an eviction notice.  For that reason, many renters, especially those who were unprepared, make the decision to stay and stand their ground.  If you want to do this, know that you may face some resistance from the bank or new property owner.  With that said, until you receive an eviction notice, you cannot be forcefully removed from the property, your utilities cannot be shut off, and the locks cannot be changed on you.

 

Another option that you have is to approach the financial lender in question.  Your best luck is when dealing with either a locally owned or operated bank.  When dong so, you will have two different options.  Ask to stay in the home or rental unit.  Unfortunately, some banks will automatically start the eviction process as soon as a property enters into foreclosure.  This is party due to fear that the property will not promptly sell.  Many banks don’t want the hassle or liability of having to deal with a renter.  If you are a long-term renter, plead your case, which should include prompt and on time rent payments.

 

Next, you can offer to buy the property.  Even if you aren’t in the best financial standing or if you are unprepared to make the often required down payment, the lender may be willing to work with you. Once again, your chances improve when dealing with a locally owned or operated bank.  If you are a long-term renter and can prove that you have made consistent on time rent payments, have the money needed to pay for a mortgage or home loan, the lender in question may be able to work with you.  After all, they want to sell the property and recoup their lost money as quickly as possible.

 

Although some banks will start the eviction process right away, others will not.  This is normally when they believe they can sell the home quickly, like in an auction.  If this occurs, you may want to wait and workout an agreement with the new owner.  If you are in an apartment complex or a multi-family home, your chances of being able to stay are pretty good.  However, if you rent a single family home, the new buyer may intend to move him or herself in.

 

As an important reminder, you can always throw in the towel and start preparing to move when your rental unit is facing foreclosure, but you don’t have to.  As a renter, you have a number of legal rights, as well as options.

 

Foreclosure Scams: How to Avoid Them

September 23rd, 2008

Are you a homeowner who is facing foreclosure?  If you are, you may literally be desperate.  You may try anything to save your home.  Of course, you are urged to do so, but it is important to not let desperation get in the way.  Homeowners who do often find themselves the victims of a foreclosure scam.

 

When it comes to foreclosure scams, the best way to protect yourself is to know what to look for.  Although foreclosure scams come in a number of different formats, many are easy to spot. 

 

One type of scam that you will be on the lookout for is when an individual or a company approaches you offering to help.  When doing so, they will offer to provide you with a loan.  The only problem is that a loan is not what you may be getting.  The documents you sign may actually turn over ownership to the individual or company in question.  However, you often end up agreeing to rent the property at a very high rate.  When you cannot afford to make those payments, you will be evicted from a home that you no longer own.

 

Another foreclosure scam involves having an individual or company coming to your rescue.  They will offer to negotiate with your lender for you.  During this period, you are asked to pay the individual or company in question, which may be referred to as a rescuer.  The only problem is that individual or company isn’t in contact with your mortgage lender at all.  What they are doing is pocketing your money and you will still end up facing foreclosure.

 

Similar to the foreclosure scam listed above is one that involves strong-arming your home from you.  In this aspect, the individual or company in question isn’t necessarily after your money, but more your property.  They will instruct you not to contact anyone for help, aside from them.  You are instructed not to speak with a lawyer, not to talk to or make payments to your mortgage company, and so forth.  Right before the foreclosure proceedings start, the scammer will then take every step possible to get your home. 

 

One mistake that you will not want to make, concerning foreclosure scams is believing that the individual in front of you is different.  Desperation and despair can cloud one’s judgment.  If you are presented with a contract or legal document to sign, do not do so until you can have it reviewed by an attorney.  Be sure to choose your own attorney.  Do not rely on the advice of an attorney suggested to you, as they may be in on the scam, if they are even a real attorney to begin with.

 

The three above mentioned foreclosure scams are just a few that you may run into, but they do have the potential to cause the most damage and the most heartbreak.  The good news is you now know what to look for.  This means you can avoid falling victim to these types of scams.  As a word to the wise, never agree to do business with someone who approaches you.  A reputable lawyer or housing advisor will wait for you to come to them.  No one who comes knocking on your doorstep is likely to have your best interests at heart.

 

As a recap, foreclosure scams are out there.  Typically, the only way for you to legally avoid foreclosure to speak with an attorney or to make arrangements with your financial lender. 

 

Foreclosure: How and Why You Should Talk to Your Bank

September 22nd, 2008

Are you homeowner who is facing foreclosure?  If you are, your first thought may be to start packing.  Yes, this is the only choice for some in foreclosure, but that doesn’t mean it is yours.  Before you throw in the towel, make an appointment in person to speak with your financial lender.  You may be surprised how much help, assistance, or advice you may receive when doing so.

First and foremost, it is important to know that banks and other financial lenders are not evil.  It may sound silly, but this is how many homeowners feel when facing foreclosure.  Many want to know how another human being can force them to leave their own home.  In the heat of the moment, many do not realize that banks want to avoid foreclosures just as much as homeowners do.  Financial lenders often lose money on foreclosure properties.  That is why it is imperative that you schedule an in person meeting with your lender.

As nice as it is to know that you should meet with your financial lender when you feel that you are facing foreclosure or know for sure that it is looming, you may be unsure how to proceed.  For starters, many homeowners want to know when the discussion should start.  In all honesty, it should start as soon as you know that you will miss a mortgage payment.  It is best not to wait until the foreclosure process starts.  If you can make payment, but need to do so a few weeks late, be sure to make your actions known.  This will prevent your lender from even considering foreclosure right away.

One of the many reasons why homeowners are facing foreclosure is because of the job market.  Long-term employees are now finding themselves standing in the unemployment line.  If you are laid off from your job, schedule a meeting with your mortgage holder immediately.  They may be walling to work with you, provided you will be taking proactive steps to find a new job.  Often times, you may find your monthly mortgages payments temporarily reduced.

When your home enters into foreclosure, you will see signs posted on the building.  With that said, this is not the first notice that you will receive.  As a reminder, banks want to avoid foreclosure just as much as you do.  That is why they will likely call and send regular notices to your home.  As embarrassing as it may be to admit that you cannot make your mortgage payments, it is important to answer the phone.  Remember, your bank may be willing to work with you and create a temporary payment plan.  This is often the case when you can prove your financial hardships are only temporary.  For example, are you temporarily unable to work due to an injury?  Were you laid off, but looking for a new job? If so, make it known.

It is also important to determine how much you need to pay to stop the foreclosure proceedings in their tracks.  Since banks want to avoid foreclosure, they may accept a portion of the money that you owe.  With that said, this is where you need to proceed with caution.  If the bank requires full payment the following month, make sure you can make that payment in full.  If not, the process will simply just restart from the beginning all over again.

When discussing your options with your bank, it is important to do so in person.  You will want to show your lender that you intend to get back on track financially, but this is difficult to prove over the phone.  Walk into the bank with your head held high, dress professional, and be very confident.  You need to prove to your lender that the words coming out of your mouth are true.  Just because you say you are looking for a new job, it doesn’t mean that you are.

 

Foreclosure: Can It Be Stopped?

September 21st, 2008

Are you a homeowner who has been ignoring the warning letters and telephone calls from your bank?  If you are, you may find yourself in the middle of a foreclosure crisis.  At this point in time, fear may automatically set in.  What will you do?  Where you will live?  Can you afford to move?  Before you let fear take over, it is important to know that foreclosures can be stopped. Although this process is not easy, it can be done.

 

It is advised that you speak with your financial lender as soon as you find yourself experiencing financial difficulties.  For example, when you get laid off or fired from your job, schedule an appointment to meet with your lender and develop a plan, before any problems arise.  At the very least, communication should be made when you start receive intent to foreclosure notices.  Even if you have a sign on your home stating that the foreclosure process has officially begun, you can still talk to your financial lender.  In this instance, the sooner you do so the better.

 

As for why you should talk to your financial lender, even at the last minute, they want to avoid foreclosure as much as you do.  Often times, lenders lose a considerable amount of money on the sale of foreclosure homes.  If you can prove that your financial troubles are only temporary, your lender may give you a reprieve.  They may stop the foreclosure proceedings for you.  As for what can lead to this, you or your spouse getting a second job can help.

 

If you are dealing with a locally owned and operated bank, which you have been a loyal customer of, it is important to outright ask what can be done.  Offer suggestions yourself, if you do not receive them.  Could you continue making all future mortgage payments on time, but develop a payment plan for your past due amount?  Can you only pay interest for the time being?  Can you be given time to sell your home, as opposed to simply just losing it?  These are all important questions that you should ask.

 

Another way that foreclosures can be stopped, in most states, is with a declaration of bankruptcy.  However, this step is one that should not be made on a whim.  It is first important to meet with an attorney specializing in bankruptcy.  If you file for bankruptcy will the foreclosure proceedings stop?  Can you make it so that your home is not considered an asset in bankruptcy proceedings?  If so, this is the avenue that you may want to take.  However, since bankruptcy can negatively influence your credit, it should only be used as a last resort.

 

Before you take any action with the hopes of stopping foreclosure, you need to closely examine the situation at hand.  For starters, would you like to get out from under your property?  If it is a money-pit that needs constant repairs, it might just be easier to go the route of foreclosure or even outright allow your bank to sell the property.  If you want to keep your home, make sure that you can honestly do so.  It is recommended that you take forty percent of your income and apply that towards your living expenses, this includes mortgages and taxes.  If this isn’t possible for you to do, the avoidance of foreclosure now may result in the process starting again in a few months.

 

PPPPP

 

Word Count 573