Special Foreclosure Report

 

 

Are you facing Foreclosure?

 

• Behind on payments?

• In Foreclosure?

• In Redemption Period?

 

What exactly is a Note and a Mortgage... What’s the difference?

A Note is your promise to pay the dept and under what terms. A Mortgage secures that promise, using real estate as the collateral. In other words, by signing the Note, you promise to pay the bank back for the money you borrowed to purchase a property. The Mortgage is the document that gives the lender the right to foreclose on your property if you don’t repay the lender based on the terms of the Note.

 

What happens if I am in default on my loan?

If you are even one month late on your payment, the bank has the right to call the entire loan due (accelerate the mortgage). If you skip a month and try sending in one month’s payment the next month, the bank will not credit this money to your mortgage until you have sent in enough money to cover what is owed, including late fees.

Once you are in default, the bank will start sending you letters, they will be friendly reminders at first, and then they will start to become more threatening... They will also attempt to call you to encourage you to make the back payments or sometimes to offer you some kind of repayment plan.

Usually after 2-3 months with no results the lender will file foreclosure.

 

Foreclosure

There are several steps to the Foreclosure process. The first step will be a Notice of Default.

A Notice of Default usually details how late you have been on your payments, how much you owe in principal and interest payments and how much money the mortgage company is requiring to be caught up on your payments, thus making your loan current. The Notice of Default will also have the date, time and place of the Sheriff’s Sale.

There are laws in place that the mortgage company follows regarding sending you notices, etc.

If you have received a Notice of Default, DO NOT WAIT!

The longer you wait the fewer your options; the more you stand to lose!

Because this is a very difficult situation for a person to face, many people put off dealing with the problem. Don’t let that happen to you. After a certain point, there are fewer and fewer lenders willing to refinance your loan. An even if you can find a new loan, it will be at a much higher interest rate and the lender will charge high closing costs and points.

 

Sheriff Sale

At the Sheriff’s Sale, the lender will open bidding with the amount currently owed to the lender as of the date of sale. If there are no other bidders at the Sheriff’s Sale, then the lender will get the property.

Redemption Period

During the Redemption Period, your only option to keep the house is to pay off the mortgage in full. This can only be done by paying cash or getting a new mortgage.

 

Eviction

If you have remained in the property to the bitter end, the lender, or high bidder at the Sheriff’s Sale will have to file an eviction to have all parties forcibly removed from the property.

Don’t let this happen to you. If you need alternative housing, you may need to rent an apartment or house. However, most landlords will not rent to anyone that has an eviction within the past 12-24 months. You may be stuck out in the cold, all because you waited till it was too late to arrange housing.

 

What do I Do?

You have a few options available to you at this point:

 

1. Reinstate the Loan: If the mortgage company hasn’t accelerated the loan, you can prevent foreclosure simply by paying the missed payments, taxes, insurance, attorney fees plus interest.

2. Get a new Loan: But the longer you wait, the harder it is to find a mortgage company to refinance your existing mortgage.

3. Sell your House: Your best option at this point might be to sell. If you can sell your house before the Sheriff’s Sale and pay off the mortgage and all the attorney fees and late charges, you may be able to save your credit. At least you will not have a foreclosure on your record. Within a year, with a good credit history, you might be able to qualify for a new mortgage and get a new house. With a foreclosure or bankruptcy on your credit report it will take several years with perfect credit afterwards to qualify for a new mortgage.

 

Other Alternatives

What if we were sitting at your dining room table right now, and told you we wanted to buy your house?

No sweat on the credit… in fact, we may very well close with all cash. No problem with the non-assumable loan. No problem catching up any payments in arrears. We can probably wrap up the whole thing within 7 days. Would you perk up a little if that were the case? Well we don’t know how much you owe, how much it’s worth, or any of that. Those details can be handled when we are at your table. What we do know… and what you should know, is...

If you call and give us the facts, we’ll either tell you on the spot we can’t help, or meet with you and leave you with one or more options. We buy and sell houses. We’ll probably structure several options, and let you choose the one that best suits your needs.

 

What Options Are Available?

• If it is still before the Sheriff’s Sale, we may be able to simply re-instate your current mortgage and take over your existing payments. In this scenario, we would probably either rent your property out for ourselves or resell it to someone else on a Lease Option to purchase. You see, we work with a lot of mortgage companies that have clients that can afford properties, but because of the current mortgage industry, they simply can’t get a new loan to purchase a property. In cases like this the loan offices work with us to find good properties in nice neighborhoods that their clients can Lease for a period of time with the option to buy the property once they have established a good credit history with a landlord.

• If your property is over leveraged, we may be able to work out a Short Sale with the lender. Sometimes lenders will take less than what is owed on the property if the offer to purchase your property and the current market value is less than what is owed on the loan.

• If there is enough equity in the property and it is after the Sheriff’s Sale, we might be able to make you an all cash offer.

There may be other options as well, but we can’t come up with solutions until we can talk confidentially about your situation. We like to think of ourselves as problem solvers, and we are good at creating creative solutions to tough situations. But it is up to you to take the first step. Either call us now or you can also fill in the “Sell Your House” form on this website and we will contact you after we have had an opportunity to review your information.