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Foreclosure - Do You Know Your Options?

Foreclosure!  The thought never entered your mind!  You bought your home with the best of intentions.  Perhaps the lender assured you that you could "just refinance" when those heart-stopping payment increases began.  Or perhaps no one even explained to you what could happen.  The current mortgage meltdown is causing people all over the country to experience problems that they didn't expect.

Mounds of bills depicting pre-foreclosure

But here you are!  With house payments that you can't possibly pay...in an area with a depressed real estate market.  You owe more on the house than it is now worth.  The home values have possibly dropped to the point that your chances of selling the home to break even are slim to none.

You could be in for a rough ride!  What are your options?

The first thing to consider is why you are in this situation...what circumstances are preventing you from making your house payments?  Foreclosure may not be your only option.  Ask yourself:

1 - Is this a temporary situation?
2 - Have you been laid off or lost your job?
3 - Has an illness caused this problem?
4 - Has your interest rate increased too much?

The answers to these questions can make the difference in your approach to this problem.

Let's start with the easy ones.  If an illness or job lay-off has put you behind in making payments, the most important thing you can do is communicate with your lender.

Many times, the lender will work with you.  They have a lot of foreclosures on their books right now....and they don't want another one!  If you have had a history of making your payments on time, the lender will most likely help you.  Did you know that they sometimes simply add your past due payments onto the back end of your mortgage.....allowing you to become current on your loan?

If you are lucky enough to live in the Nashville area, it's fairly easy to find a job if you need one.

What if there is no other option but foreclosure?

What options are available to you?


Always try to sell the home before it gets to foreclosure.  If you live in an area with high visibility, try to sell your home without involving an agent.  This can save quite a bit of money that might make the difference in whether or not you can break even.

If selling the home is not possible - perhaps you owe too much on the mortgage - or have already added a 2nd to your list of problems...then it's time to consider more drastic measures.

A short sale might be an option for you.  A short this occurs when the property is sold for less than the amount of money owed.  Sometimes the lender will decide that their interests are best served by accepting less than what is owed in mortgages on a property.  Remember that foreclosure is an expensive process for the lender.  A 2nd mortgage lender is usually the one that loses in this case.

Typically the lender will want a Realtor involved in a short sale because of the amount of work and legalities involved in the transaction.  You might contact your Realtor to discuss these options because you will have to have an offer actually in place to begin this process.

The short sale will still result in damage to your credit rating, but it's not as bad as foreclosure.  Nothing is quite as bad as foreclosure!
 
More information and options regarding foreclosure.

The Foreclosure Process

The foreclosure process will depend on the state in which you live.  Some states have Judicial foreclosure, which is a court-ordered action.  The lender obtains the right to foreclosure by filing and winning a lawsuit against you.

Most states are Non-Judicial.  In these states, it takes less time to complete the foreclosure process.  This is because the borrower pre-authorizes the sale of the home in the loan documents.

Typically, in a non-judicial foreclosure, it takes 3-5 months to complete the process.  The motion is usually filed with the court after 90 days of non-payment.  At this point, they are required to places notices in the newspaper, courthouse, etc. for 21-25 days.  After this period, the property is sold in a trustee sale or becomes inventory for the lender.

ARE YOU AWARE THAT YOU WILL MOST LIKELY RECEIVE AN IRS 1099 FOR THE DIFFERENCE IN THE SHORT SALE AND WHAT YOU ACTUALLY OWE?  This amount is considered income for you and can result in a large tax bill at the end of the year.

Sometimes, the lender will accept a "deed-in-lieu of foreclosure".  The property still goes back to the lender - but saves the time and expense of foreclosure.  And again, the damage will still be on your credit history.

If bankruptcy is involved, it may forestall the foreclosure for several more months.  If you are filing for bankruptcy, please consult your attorney regarding these issues.  You will want to consult your attorney in any case, but especially regarding bankruptcy.

It is always wise to keep the communication lines open with your lender.  Explore all  your options - because the lender wants to avoid foreclosure as much as  you.  Work with them!

Your needs are of the utmost importance to us, so please contact us with any questions!

Feel free to call me direct at 615.428.8500 or at the office 615.206.8445.  We look forward to hearing from you soon.

Remember - You've got a friend in Nashville! 

Nashville real estate authority broker pam rumley
Accent Realty Group

Pam Rumley
Exclusive Buyers Agent
Broker, CRS, ABR, SRES
119 Stonehouse Gallatin, TN
Office 615-206-8445
Direct 615-428-8500
Fax 615-206-8437

pam@pamrumley.com

The agent to call when you need someone to go that extra mile!

    

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