How To Get Out Of Foreclosure

If you’re having trouble making your mortgage payments or have already gone into default, there are some things you should know and options to work things out with your lender or servicer. Many people are embarrassed to discuss payment issues with their servicer, or they hope that their financial condition will improve and they will be able to catch up on payments. However, you should immediately call your lender or mortgage servicer to see if you can come up with a solution.

You make monthly payments to your loan’s servicer after closing your home loan. The lender is the company from which you borrow money, and the servicer is the organization that manages your account daily. The lender is sometimes also the servicer. However, the lender frequently appoints a third party to serve as the servicer.

If you’re having trouble making your mortgage payments due to financial difficulties, contact your lender or servicer immediately away to see what choices you have. Because the consequences of not paying your mortgage on time, or paying less than the amount due, can quickly mount. The lender or servicer, for example, might tack on late fees and interest to the amount you already owe, making it more difficult to get out of debt. Even a single late payment can have a negative impact on your credit score. Your credit score affects whether you can acquire a new loan or refinance an existing one, as well as the interest rate you would pay.

When you fall behind on your mortgage payments, your lender or servicer can declare your loan in default and issue you a notice of default. The first step in the foreclosure process is the default. Once your loan is in default, the lender can charge you for “default-related services,” such as inspections, grass mowing, landscaping, and repairs, to safeguard the property’s value. These can add hundreds or thousands of dollars to the total amount owed on your loan.

If you can’t make up your missed payments or come up with another solution (link to that section), your lender or servicer may file a foreclosure action to sell your house. This process can also add hundreds or thousands of dollars to your loan, making it even more difficult to stay current on payments, make back payments, and keep your home. In many states, you may be responsible for paying a “deficiency judgment” in addition to losing your home to foreclosure. That’s the difference between what you owe and the foreclosure auction price. In addition, a foreclosure will make it more difficult for you to obtain credit and buy another home in the future.

There are several ways you might be able to catch up on your payments and save your home from foreclosure. Your mortgage servicer might agree to:

  • This can help if the problem stopping you from paying your mortgage is temporary. You promise to pay your mortgage servicer the entire past-due amount, plus any late fees or penalties, by a specified date. On the other hand, reinstatement won’t help you if you’re in a home you can’t afford.
  • This may be useful if the situation preventing you from paying your mortgage is temporary. Your mortgage servicer agrees to cut or pause your payments in exchange for forbearance temporarily. When you resume payments, you’ll make your monthly instalments as well as additional make-up payments to catch up. Extra costs can be made in a flat sum or instalments. Forbearance, like reinstatement, won’t help you if you’re in a home you can’t afford.

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  • Repayment plan. This could be beneficial if you’ve just missed a few payments and won’t have any trouble making them each month. A repayment plan allows you to add a percentage of your past-due balance to your regular payments, which will be paid off over a certain period.
  • Modification of a loan. Ask your servicer if a loan modification is an option if the problem preventing you from paying your mortgage isn’t going away. A loan modification is a permanent change to one or more of your mortgage contract conditions that make it easier for you to manage your payments. Changes could include the following:
  • interest rate reduction
  • increasing the loan’s term, so you have more time to repay it
  • Missed payments are added to the loan balance.
  • Part of your mortgage debt may be forgiven or cancelled.

To Avoid Foreclosure, Sell Your House
Your lender or servicer may postpone foreclosure proceedings if you have a pending sales contract or can establish that you’re placing your house on the market. You might be able to pay off your entire mortgage by selling your property. This helps you prevent late and legal fines, as well as damage to your credit rating and the value of your home. However, if selling your property doesn’t bring in enough money, you’ll need enough equity in the house to pay off the mortgage loan total plus the costs of the sale.

Deed In Lieu of Foreclosure and Short Sale
It’s a short sale. A short sale is when you sell your house for less than the amount you owe on your mortgage. Before you may offer your house as a short sale, your lender must authorize and agree to accept the proceeds of the sale rather than proceeding with foreclosure. Your lender will collaborate with you and your real estate agent to determine the selling price and evaluate the bids. The buyer’s real estate agent and the lender will then negotiate to complete the sale with your lender. In a short sale, the lender agrees to forgive the difference between what you owe and the sale proceeds. Learn about the tax implications of a lender forgiving a portion of your mortgage loan by visiting the IRS website. Consider seeking advice from a financial advisor, accountant, or lawyer.

Before they “assist” you, scammers may appear as reputed housing counsellors and demand an upfront fee or retainer. Don’t pay anyone who asks for money upfront or promises you a loan modification or another way to avoid foreclosure. Those are all red flags that it’s a con.

For information on foreclosure defense call us at (877) 399 2995. We offer litigation document review support, mortgage audit reports, securitization audit reports, affidavit of expert witness notarized, and more.


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