You are behind on your mortgage payments and you know that you’re not going to be able to play catch-up before the bank begins the dreaded foreclosure process. If there are no other options for you at this point, you may consider arranging a short sale instead of going through the stressful experience of a foreclosure.

Short sales occur when a homeowner is in default on their home loan, but the property has not yet reached the foreclosure stage. These are sales in which the lender and the owner both agree to sell the property for less money than is owed to the bank.

A short sale can do much less damage to one’s credit rating than an actual foreclosure can. This is a huge benefit for sellers because the black mark of a foreclosure can seriously affect a person’s ability to rent property, obtain credit cards, or be approved for loans of any kind.

In addition, short sales can help a seller to feel more in control of the situation. While it is inevitable that he or she will lose their home, they are pro actively trying to find a solution that will satisfy all parties involved. By taking charge of the selling process prior to a foreclosure, a seller can feel more at peace and empowered during an extremely difficult time.

Short sales also benefit buyers of these properties because they can purchase a home for much less than its market value, and end up with a fabulous property for a steal.

Lenders benefit from short sales because they are able to avoid the foreclosure process, which is both costly and time consuming. They may also get more money from a short sale than they can at a foreclosure auction, and they don’t have to worry about having a house sitting on their lap and losing value every day.

Short sales can in fact benefit all parties involved, but there are many short sales that never reach closing. The main reason for this is that a short sale is a transaction that involves more than just the buyer and seller; the lending company must approve the sale before it can go through.

Getting approval for a short sale is difficult because lenders want to recoup as much of their money as possible. A lender must determine if the amount they are being offered is more than they are likely to get at auction. If they believe they can get more money by proceeding with the foreclosure, they will refuse the short sale.

Waiting for the lender to approve or refuse the short sale can be an exhausting process for everyone. On average, it can take over a month for the lending company to even respond to an offer, which leaves buyers and sellers in a terrible state of limbo. In fact, many buyers walk away from short sales because they can’t take all the waiting and red tape that is involved. After all, a buyer could make an offer, hand over a deposit, wait six weeks, and then have their offer be flatly rejected. Unlike regular real estate sales, lending companies often don’t even respond with a counter offer; they simply refuse the sale, and leave both the seller and the buyer back at square one.

Because the short sale process is not without its difficulties, many buyers don’t feel that it’s worth their time looking at short sale properties. For those who can stomach the waiting involved, short sales can provide a buyer with a great deal on a home, and a positive solution for the seller.



By: Carol Freyer

About the Author:

(c) 2008 Troy Foote

To understand the foreclosure process one must know what it is first. So what is the definition of foreclosure? Simply put, the foreclosure process as applied to residential mortgage loans is a bank or other secured creditor selling or repossessing a parcel of real property (immovable property) after the owner has failed to comply with an agreement between the lender and borrower called a “mortgage” or “deed of trust”.

Within the United States and many other countries, several types of foreclosure exist. Two of them – namely, by judicial sale and by power of sale – are widely used, but other modes of foreclosure are also possible in a few states.

The process of foreclosure can be rapid or lengthy and varies from state to state. Other options such as refinancing, alternate financing, temporary arrangements with the lender, or even bankruptcy may present homeowners with ways to avoid foreclosure.

The number of households in foreclosure increased 79 percent in 2007, and that number is increasing for 2008! So how does the foreclosure process end? Well it can end in one of four ways:

1.The borrower/owner reinstates the loan by paying off the default amount during the grace period.

2.The borrower/owner sells the property to a third party during the pre-foreclosure period The sale allows the borrower/owner to pay off the loan and avoid having a foreclosure on his or her credit history.

3. A third party buys the property at a public auction at the end of the pre-foreclosure period.

4. The lender can take ownership either through an agreement with the borrower/owner during pre-foreclosure, via a short sale foreclosure or by buying back the property at the public auction.

Remember that understanding foreclosures is the first step for homeowners to stop foreclosure. As long as real estate prices, which are pretty much dictated by real estate buyers, continue to decline, there will be increased numbers of defaults and foreclosures.

Few choose to go into foreclosure voluntarily. It’s often an unpredictable result from one of the following: Laid-off, fired or quit job. Inability to continue working due to medical conditions. Excessive debt and mounting bill obligations. Squabbles with co-owner, divorce or job transfer to another state.

So how do you avoid foreclosure?

The best way to avoid foreclosure is to prevent the filing of a Notice of Default. That is why it is better for you to call your lender before falling behind on your payments, because lenders are often reluctant to work out repayment schedules after foreclosure proceedings have been commenced. You will be given a certain time period to bring the payments current, pay the costs of filing the foreclosure and stop the foreclosure.

No one expects to lose their house to foreclosure, but by understanding the foreclosure process and what may lead up to it, you can be in a better position to recognize and address potential problems that may impact your ability to make every mortgage payment on time.

Learn to recognize the warning signs of foreclosure. Know what early steps you can take to avoid foreclosure. If you are in the midst of a foreclosure, know the dos and don’ts. Know where to get help in dealing with issues that could lead to foreclosure. The time to develop a backup plan is not when things have gotten so bad that you are facing foreclosure, but when things are going well and you can prepare for the unexpected “what if’s” that happen in life.

Nearly four out of ten sub prime ARM loans are a month or more late, or in foreclosure. And sub prime ARMs account for 39% of the loans that fell into foreclosure during the quarter. Prime fixed-rate loans, which are considered very low risk, have also seen sharp increases in their delinquency and foreclosure rates, although they are performing far better than the riskier loans on the market.

There are 431,000 prime loans in foreclosure. This marks the sixth straight quarter in which a record percentage of loans went into foreclosure. Nearly half of the homes in foreclosure are concentrated in six states. Those four states have nearly 400,000 homes in foreclosure, or a third of the nationwide total. Ohio has about 61,000 homes in foreclosure, while Michigan has about 54,000. The rate of homes going into foreclosure in Ohio and Michigan was narrowly lower than it was in the fourth quarter, and 18 other states also saw a decline in that rate.

Both foreclosures and deficiency judgments could seriously affect your ability to qualify for credit in the future. So you should avoid foreclosure if at all possible.

By: Troy Foote

About the Author:

There is no doubt that it is entirely possible for you to work on your own with the bank to come to a mutually amicable solution to your foreclosure problem, but you must also keep in mind that time is of the essence in dealing with loan modifications.  While you are trying to deal with the lender or servicer precious time is slipping away. 

Most lenders and servicers continue on with the foreclosure process while you negotiate a modification or other alternative.  Your denial of a modification may not occur until the day before the foreclosure sale.  And if you do receive a modification offer, the offer might be unfair or possibly contingent on you giving up important rights. 

There are no hard and fast rules on what lenders and servicers are willing to do, so it would be very helpful to have a skilled attorney represent you and present your situation in the best light possible. An attorney can review your financial information and help you devise a strategy to reach your end goal whether it be to modify your loan to a fixed or lower rate, add back payments to the principal, temporarily reduce payments, or just to help give you enough time to sell your home or negotiate a short sale, deed in lieu, or other alternative.

An attorney can also review your loans and servicer/lenders’ actions to see if there are any violations of HOEPA, RESPA, Reg B, the Fair Debt Collections  Act,  the Fair Credit Reporting Act,  acts regarding subprime loans, predatory lending acts or any of the other consumer/borrower protections found in North Carolina and/or Federal law.  There are many rules and regulations out there that protect borrowers and consumers that you may be able to take advantage of. 

Additionally, an attorney often has contacts in Loss Mitigation, Short Sale, and other departments within servicers and lenders which can increase the efficiency of you loan modification review and so that you don’t have to spend your valuable time on hold with servicer or lender departments just to have your modification paperwork lost or to be juggled from one department to another. An attorney can make these calls, negotiate your position, propose many alternatives, advise you at each juncture and keep you updated throughout the process instead of you spending large amounts of time in limbo wondering if you are doing everything possible and whether you have explored every option to reach your goal whatever that may be.  

You may only have one shot at a loan modification or other alternative and by employing the services of an attorney you can feel assured that all possibilities and avenues have been explored. 

For more information on loan modifications and other foreclosure alternatives, please visit:  http://zellersrudd.com/areas_of_practice/charlotte_foreclosure_alternatives.aspx 

 



By: Charlotte Foreclosure Attorney – Zellers Rudd

About the Author: