WHAT PRE-FORECLOSURE MEANS AND HOW TO AVOID FORECLOSURE!
We have many solutions to keep you from facing a foreclosure situation.
What is Foreclosure?
This refers to the legal process which ensues after a homeowner is unable to pay the mortgage of his/her property. All rights to such properties are usually forfeited to the banks or lending institutions involved, who either open a foreclosure auction, turn to a short sale or simply seize and look to sell later.
Foreclosures often result from mishaps that curb the ability of homeowners to settle agreed mortgages, although some homeowners stop the payments voluntarily. The rates of mortgage foreclosures across many states in the U.S are high and rising as many people don’t know how to prevent it or find a smooth way out when it looks inevitable.
Pre-foreclosure refers to the early stages of the repossession process after the mortgage default. It begins with the lender filing a default notice (Notice of Lis Pendens) on the property to inform the owner about imminent legal action towards foreclosure if the debt isn’t settled. Whether you are interested in keeping your house or not, there are many ways to prevent the foreclosure from going through.
After receiving the Notice of Lis Pendens, the pre-foreclosure period (30 – 120 days) gives time for things to be sorted out with the lender either through a short sale or by paying the owed outstanding amount.
The whole foreclosure process which you do your best to should prevent can be summarized as follows;
You fail to comply with your monthly mortgage payments because you lose your job, fall sick, or for some other reason such as increased adjustments to your mortgage rate.
The lender can file a default notice after you miss 3 mortgage payments to kick start the foreclosure process (pre-foreclosure). Pre-foreclosure is a period of grace that varies from state to state (30 – 120 days).
If no settlement arrangement is agreed during pre-foreclosure, a date can be set by the lender or its trustee for the sale of the property at a foreclosure auction also known as a Trustee Sale.
A home not bought at the foreclosure auction by a third party becomes the property of the lender. Bank owned or real estate owned (REO) properties can be sold either by being listed on the open market by a local real estate agent or sold at liquidation auctions at convention centers or auction houses.
When the proceedings conclude without a settlement, you lose your home in addition to incurring foreclosure and other legal fees, and could even face a deficiency judgment if the mortgage you owe is above your home’s current value. Foreclosure could also mess up your record, thus hitting your credit score badly and nobody wants that.
HOW TO AVOID FORECLOSURE!
Everyone’s situation is unique and often requires something different to best avoid foreclosure. Stopping the bank requires you to be proactive and resourceful some solutions will even help you keep your home. It’s always easier with the support of a professional real estate agent or an approved Independent Housing Counselor especially if the lender offers little or no help.
Here are some of the options you have;
Working out a Compromise (Refinance, Forbearance Plan, or Partial Claim)
Allowing foreclosure to go through is usually not the preferred option for both the homeowner and the lender. Most lenders would welcome a realistic deal giving you more time to get back on track with your mortgage than take your home in a foreclosure in Grants Pass & Medford OR. Sometimes, you can benefit from rare debt forgiveness.
You could negotiate a loan modification or special refinancing program to make the payments more affordable in the future with proof you’ll be able to comply with the new terms. Also, your bank could offer you a shorter-term ARM or an interest-only home loan to help reduce the mortgage costs per month.
A forbearance plan which is a payment plan designed by your lender to reduce or suspend your payments until you get back on track can also be helpful. You might prefer a partial claim permitting funds to be advanced by the lender to the borrower through a promissory note. This sort of a second mortgage on your outstanding lien with no interest is not due till you settle your first mortgage or sell the property. And you can benefit from a partial claim granted by HUD if you don’t default over 12 months.
These are great options if you’re experiencing temporary issues. They will only buy you time to get yourself up to speed or sell because they could reset with you back in trouble in the future if you fail to comply.
With the right support, you can even qualify for programs such as the Home Affordable Refinance Program (HARP) or the Home Affordable Modification Program (HAMP).
Pre-foreclosure Sale or Short Sale
Before an auction is scheduled, getting an offer from a buyer offers a quick solution to stopping the foreclosure proceedings. However, you won’t be keeping your home and may sell at a price lower than its actual value. It may also ding your credit in the process.
Lenders see the option of a short sale as time and energy saving. When done with an expert like REI Solutions LLC, you are guaranteed a quick sale at a great price, it doesn’t get to hit your credit score, and you eliminate the chances of potential deficiency judgments in the future.
How REI Solutions can help you!
At REI Solutions LLC, we offer several win-win solutions that not only puts some cash in our pocket, but we will also take care of all the details, very easy way out of foreclosure to homeowners in the cities of Grants Pass & Medford Oregon and Las Vegas, Nevada. Call us before it gets too late. We will buy your house with an amazing cash offer in as little as 7 days and help keep Foreclosure off your record thus preventing you from getting a 1099 Income Statement from the IRS, as issued by the bank.
No matter your situation, our local foreclosed homes process which involves a few simple steps as outlined below is a golden get-out-of-jail-free card!
Fill out a form telling us about your house.
We will then schedule an appointment to find out more that will help us put together a fair offer that works for us both.
We guarantee a fair cash offer or Terms offer to buy your house as-is (no matter the condition) without you having to worry about any repairs, fees, or commissions.
As soon as you accept our offer, we’ll open escrow and get started to close on your property pretty quickly.
You get your check. This is the final and most important step of the process.
Filing a bankruptcy petition immediately ends foreclosure and every other collection activity by federal law. So, the process becomes frozen the minute your lender finds out you filed for bankruptcy.
However, bankruptcy doesn’t automatically absolve you of all your debts. It simply buys you more time to recover financially from a lost job or another temporary disability. The bankruptcy trustee plays the role of a mediator to make sure you and your creditors, including your mortgage company work in good faith to structure a feasible repayment plan. This is to help you get back on your feet. Make sure you consult a bankruptcy attorney before choosing this strategy.
Deed in Lieu
A deed-in-lieu of foreclosure is exactly what it sounds like and it allows the homeowner to sell back to the bank that financed the mortgage. It has to be voluntary and the two parties must be straight and honest.
It is an amazing way to prevent foreclosure although it could impact the homeowner’s credit and often ends in you losing your home. The bank/lender has to pay a fair price for the property and usually works perfectly when foreclosure is imminent and the current market value of the home is above the outstanding liens. Many lenders don’t quite like this option, but it’s worth trying.
Assumption or Lease-Option
A vast majority of loans are not assumable anymore. There is a “due on sale” clause in most mortgages nowadays with the homeowner/ borrower agreeing to settle the entire loan when transferring the property.
But in the face of foreclosure in you could convince your lender to make adjustments and take off this clause, allowing some other buyer to assume the loan. After assessing and verifying the qualifications of the new buyer it might turn out to be a win-win scenario for all parties involved.
A lease-option opens the door for you to negotiate with the buyer for a down payment which can help settle the outstanding balance of your due mortgage. For this work in stopping the foreclosure proceedings, you need to negotiate lease payments enough to settle a huge proportion or the complete mortgage, insurance obligations, and property taxes.
There are many ways to get out of foreclosure as clearly outlined in the article above. However, remember you must look at the specifics of your situation closely and pick the perfect solution for you. There is no universal solution and professional help will make the journey less bumpy.
Contact us (REI Solutions LLC) for NO-OBLIGATION consultation and quick expert assistance to know more about pre-foreclosed homes . We love helping people in our local community and buying homes is one way we offer our assistance.
Currently we offer help in Nevada, California, Oregon, and select markets.
Give us a call at 541-500-0158 . or just fill out the form and someone from our team will give you a call within 24 hours.