Avoiding Foreclosure

Are you behind in your mortgage payments, or concerned that you soon might be?

Have you received a preforeclosure letter from your lender?

First of all, don’t be ashamed. Millions of homeowners are in your situation – many times through no fault of their own. A job loss, a serious illness or other circumstances can put you in danger of foreclosure.

The economic downturn has led to many homeowners being “under water” in their loans, meaning they owe more than the home is worth, making it impossible to refinance.

If you’ve become one of those millions, don’t panic. Foreclosure, and its accompanying effect on your credit, is not inevitable. There are many options out there, and your circumstances may make one of those options feasible and desirable for you.

To keep your options alive, you need to communicate with your lender. Many homeowners have lost their homes to foreclosure without ever having contacted the bank.

This would also be a good time to consult with a tax advisor and a RE/MAX agent. RE/MAX agents are trained in working with distressed properties, and we will be able to help you explore options other than foreclosure.

Many lenders would rather not foreclose. They take a large financial hit on a foreclosure. So in many cases, they’ll consider alternatives. Some of these options may keep you in your home:

Loan Modification

While only certain homeowners will be able to take advantage of this alternative, it is your best option because it keeps you in your home and preserves your credit rating.Mortgage and foreclosure terms defined

Your lender may be willing to modify the terms of the loan, whether it’s reducing the principal, lowering the interest rate or other creative strategies to make the loan affordable for you. As part of the stimulus package, the U.S. government has programs to provide incentives for banks that use this strategy as an alternative to foreclosure.

Short Sales

This is the fastest-growing foreclosure alternative. Many banks will allow a short sale, in which the home sells for less than the amount of the loan. This is attractive for lenders because they lose less money than in a foreclosure. Also, short sales generally take less time than foreclosures, so the banks don’t have to carry the properties on their books as liabilities.

And it’s attractive for homeowners because the impact on their credit is far less than in a foreclosure. It stays on their credit reports for only two years, as opposed to seven years for a foreclosure, and often isn’t a barrier to purchasing another home.

Short sales are paperwork-intensive, and there are many, many details involved. If you’re considering this option, it’s critical to work with a trained real estate agent who knows all the steps required to successfully complete a short sale.

Short Sales – Benefits To Working With Us:

What we do differently then any other Realtor is that we have a Law Firm representing us throughout the transaction at NO COST TO YOU.  The Lawyers at Rosen&Zimmerman are able to negotiate with the banks on our behalf and get an approval on the short sale as soon as possible and hopefully with a full forebearance on the balance of the loan.  Most Realtors use negotiators who, for the most part, have no experience or education in the field of negotiating.  The other factor is that they are not licensed or certified which means that they have no legal liability and may put you and your home at risk.  The clout a lawyer has with your banks lending department is much stronger then an independent negotiator with no experience.  The letters that our Lawyers write up on our behalf are professionally done with their own letter head.  Our job is to look out for our clients in every way possible.  Working closely with a Law Firm that we know and trust is our best way to look out for your best interest.  Feel free to visit the Law Firm of Rosen&Zimmerman at www.RosenZimmerman.com

RE/MAX leads the real estate industry in agents who’ve completed the Certified Distressed Property Expert (CDPE) course or other specialized training. They understand the intricacies of these transactions, and they’ll be able to advise and counsel you every step of the way.

Keep in mind that no matter which option you choose, there may be tax and other financial consequences. You should consult with a tax advisor or legal expert.

Foreclosure (Cash for Keys)

One of the biggest problems in foreclosures is that homeowners sometimes physically damage the property, or even sell some of the fixtures, before leaving. Needless to say, this is not a good idea. It may expose the homeowners to financial and legal liability. It also makes the properties much more difficult to sell.

To prevent this, some lenders offer a program called “Cash for Keys.” The homeowners receive a check for vacating the property within a certain time period and leaving it in good condition. If you have no alternative other than foreclosure, you should ask the bank about this option.

Tips From HUD For Avoiding Foreclosure

The U.S. Department of Housing and Urban Development has 10 tips for avoiding foreclosure:

Read more from HUD about foreclosureFind additional resources to help you avoid foreclosure.