SCOTTSDALE REAL ESTATE BLOG

Foreclosure Options

Option # 1: Reinstatement of Loan (Cure): This option is paying the lender everything that is owed in one lump sum to include missed payments, any late fees associated with these payments, foreclosure fees, legal fees and the principal owed during the delinquency. The lender then will reinstate the loan and stop the foreclosure. The homeowner will continue to make his mortgage payments just like he did when the foreclosure occurred.

Option # 2: Forbearance Agreement - A strategy worth pursuing is called a Loan Forbearance (Payment Plan). The loss mitigation department of your mortgage company may agree to take some of the back payments now and pay the balance within a certain period of time. For Example: You owe $6000 in back payments and fees. Your mortgage company may accept $3000 now and $500 dollars a month for the next 6 months.

Option # 3: Loan Modification - A loan modification is your mortgage company adding your late payments and fees to the loan balance and reinstating your loan. That will be a permanent change to your mortgage and your monthly payment will be just a little higher then before. It depends on the Bank. Some Banks will do it some will not. Forbearance Agreement and Loan Modification are two strategies that are easier to arrange prior to the Mortgage Company filing a foreclosure lawsuit. Some Lenders will not consider it after filing, but it’s worth trying.

Option # 4: Deed-in-Lieu - A Deed in Lieu is an option in which a borrower voluntarily deeds collateral property in exchange for a release from all obligations under the mortgage. A DIL may not be accepted from borrowers who can financially make their payments.

Option # 5: Refinancing - After a couple payments are missed you will probably receive letters from mortgage brokers and lenders saying you are already pre-approved for a new mortgage. The fact is that it is very difficult to arrange new financing when you are already in default on your existing mortgage. Be very cautious about sending advanced fee’s of $300-$600 to lenders or mortgage brokers. Usually they just want to take advantage of your financial situation. Arranging new financing will depend on your income, credit report, value of your home and amount of your equity. If you attempt to refinance, you should always have a back up plan available to you. Many times we have had home owners call days before the Auction saying their financing did not go through, and then it’s too late.

Option # 6: Bankruptcy - A possible alternative if your financial situation has improved is filing for Bankruptcy prior to the Auction to stop the foreclosure. Unfortunately for most people filing for Bankruptcy only postpones the auction sale for one or two months and adds more debt for them to pay off. Immediately after filing for Bankruptcy you have to file a repayment plan with the courts to proof you have sufficient monthly income to pay basic living expenses such as food, utilities, credit cards, car payments etc. In addition your income must be sufficient to resume making your monthly mortgage payments. All past due amounts are usually spread out between 24 and 60 months. If you owe $9000 in missed payments and attorney fees if spread out over 48 months that would be an additional $187.50 due each month to the court appointed trustee. If you feel that you do have the income to immediately begin repayment of all your debts and the courts agree, this may be a good choice for you to save your home.

Over the years, we have spoken with many individuals who filed for bankruptcy protection only to have their cases dismissed. Not only were they out their attorney’s fees ($1500-$2500) but now had bankruptcy and foreclosure on their credit report. Keep in mind that even when you file for bankruptcy you still have to keep making payments.

Option # 7: Sell your home on the open market - The fact is selling your home will give you the most money in your pocket. If you have recently been served with a foreclosure lawsuit you still have enough time to sell your home which will provide you and your family with the greatest amount of money to help for a fresh start .

Option # 8. Short Sale - A short sale occurs when a property is sold and the lender agrees to accept a discounted payoff, meaning the lender will release the lien that is secured to the property upon receipt of less money than is actually owed. If the unpaid balance of a loan is, say, $100,000 and a property sells for $90,000, under a short sale the lender might accept $90,000 as payment in full.

You have probably been swarmed by investors calling you and knocking on your door. If not yet, you soon will be. A word of caution, some investors are very aggressive and unethical. Some investors will tell you that ” you only have one or two weeks before the auction and your furniture and possessions will be placed on the sidewalk or street.” This scare tactic is usually accompanied by a ridiculously low offer.

The fact is you have several months before that could happen, but this is not a time to sit back and relax but pursue one of the options available to you that makes the most sense for you and your family. Don’t be rushed or scared into giving up your hard-earned equity.

Option # 9: Let your home be sold on the court house steps - By far, the worst option available to you! Many people say ” I have no equity, let the bank take it”, but homes that are sold on the courthouse steps typically sell between %50 and %70 of their fair market value. Moreover, if a bank suffers a loss due to the pending foreclosure action against you, they also have an option. They can file a deficiency judgment against you and pursue you for the amount of their loss.

To get in touch with a Scottsdale Real Estate Specialist about Scottsdale real Estate Foreclosures, Scottsdale Land or Scottsdale apartments for sale please call 602-214-2675  or e-mail  us at info@scottsdalerealestateaz.com or please visit our website at www.scottsdalerealestate-az.com

Share it:

In real estate, a Short Sale is a sale of real estate in which the proceeds from the sale fall short of the balance owed on a loan secured by the property sold. In a short sale, the mortgage lender agrees to discount a loan balance due to an economic or financial hardship on the part of the mortgagor. The home owner/debtor sells the mortgaged property for less than the outstanding balance of the loan through an real estate agent.

A short sale typically is executed to prevent a home foreclosure, but the decision to proceed with a short sale is predicated on the most economic way for the bank to recover the amount owed on the property. Often a bank will allow a short sale if they believe that it will result in a smaller financial loss than foreclosing as there are carrying costs that are associated with a foreclosure. A bank will typically determine the amount of equity (or lack of), by determining the probable selling price from a Broker Price Opinion BPO or through a valuation of an appraisal. In short, a short sale is nothing more than negotiating with lien holders a payoff for less than what they are owed, or rather a sale of a debt, generally on a piece of real estate, short of the full debt amount.

A short sale does adversely affect a person’s credit report, however, it is typically less than a foreclosure. They are a type of settlement. For the home owner, advantages include avoidance of a foreclosure on their credit history and a settlement with the bank. Depending upon other credit information it is typically possible to obtain another mortgage a lot faster after a short sale.

Given the unprecedented and overwhelming number of losses that mortgage lenders have suffered from the 2009 foreclosure crisis, they are now more willing to accept short sales than ever before. This presents an opportunity for “under water” borrowers who owe more on their mortgage than their property is worth and are having trouble selling to avoid foreclosure as a result.

The main advantage of a Short Sale is that it is less damaging to one’s credit.  For the most part, a Short Sale appears on one’s credit report as a settlement on account.  Loan officers state that a Short Sale may hinder another home purchase for up to 2 years while a Foreclosure can hinder another home purchase for up to 4 or 5 years. Some credit counselors claim that a Foreclosure will damage ones credit by as much as 200 points more then a Short Sale. 

Share it: