At the time you’re facing foreclosure, the primary step you ought to take is to contact your bank. It is considered to be the best option if you do this prior to actual foreclosure proceedings. However, when this occasion arrives, it is not too late to have a meeting with the loss mitigation department with your bank or institutional mortgage holder. Should you be able to establish that your intention is to get your mortgage loan back in good standing your lender may decide to delay any foreclosure actions by offering a forbearance agreement or connecting you with government sponsored loan modification programs. This is especially likely if you can show that your financial troubles are just momentary.

Still, even if your lender seems eager to work with you, keeping your home may not be in your best financial interests. If you are experiencing extended economic hardships, it may be in your best interest to put your house up for sale prior to it entering into foreclosure. It is important for you to speak to your lender prior to reaching this decision. They may have the same opinion based on your situation and may be able to assist you in working out the details of a pre-foreclosure sale. As a matter of fact, they may choose to delay the process of seizing your home while you try to find a buyer. Think about it, they want somebody in the house who can make the payments more than they want a empty house making them no money at all. When listing your home as a pre-foreclosure, you can put it up for sale yourself as a “for sale by owner” if you want. However, it is best to find a local real estate professional who specializes in pre-foreclosure and short sales.

Also, you can expect to be contacted by prospective buyers and investors. When you are delinquent on your mortgage and your mortgage holder begins foreclosure procedures this information is placed in your local legal notices newspaper. A number of savvy investors who are specifically specialized in investing in pre-foreclosure properties find and contact troubled homeowners using this information. Although having a stranger show up on your doorstep or call you on the phone offering to buy your home may seem strange it is a choice that you may wish to seriously consider if the offer is good enough. Unfortunately, some of these people can be quite discourteous and ill-mannered and some can be scam artists so be cautious in dealing with them.

An additional option that a homeowner has during foreclosure to employ an attorney who specializes in helping troubled homeowners manage this situation. A lawyer can counsel you on what steps you should take given your particular situation. They can aid you in recognizing and understanding the pros and cons of pre-foreclosure sales, short sales, foreclosure and bankruptcy. In some cases, they can help you find mistakes made in your original home loan paperwork that may give you a way to avoid or at least significantly delay foreclosure.

Some states’ laws include a redemption period provision. These are intended to assist homeowners when it’s necessary to provide them with an opportunity to avoid foreclosure. These laws offer you a grace period to regain your home. If you are able to get your mortgage payments caught up, the foreclosure proceedings will come to an end. States that have these laws on the books frequently allow you to reclaim your property although it has been sold at a foreclosure auction. This is, of course, provided that you take the appropriate action within the legally mandated time frame.

If you live in a state that does not have a specified grace period or a redemption period, you could have the option of purchasing your house yet again. Anyone can place a bid at a foreclosure auction, however, it is important to note that you will have to have a significant amount of cash on hand in order to purchase your home at a foreclosure auction. And there could be other bidders present who will bid up the price. Sometimes your financial institution will be represented there as well. Provided the bids received are not sufficiently high to cover their costs, they might purchase the house themselves and place it on the market as a REO home.

I hope this article has given you a good overview of some of your foreclosure options. As always, if you have any questions concerning foreclosures, feel free to ask below.

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Remember that mortgage lenders are generally willing to work with homeowners to find a solution to avoid foreclosure if a feasible repayment plan can be worked out. In a forbearance, the lender agrees to temporarily cut or suspend mortgage payments until the homeowner can start paying a full mortgage payment again plus making up the missed payments.

A forbearance is typically only a viable option if you can show certain types of hardships that your lender approves of and that your income is expected to return to normal in less than 6 months, on average. Remember, a forbearance won’t help you if you’re have purchased a home that you can’t afford. In my experience, managing a forbearance is only possible if your regular payment amount is less than 30% of your monthly take home pay. Since loans are often made for more than this it may not be possible for a forbearance plan to work for you. In that case, you should pursue different options.

In order to grant a mortgage forbearance, mortgage lenders want to see that the delinquency was caused by an unexpected financial circumstance such as illness or injury. Some will accept a job loss as long as it’s a temporary situation. Surprisingly, few lenders will accept natural disasters such as a fire, flood or storm damage as a reason for a forbearance. The reason for this is that the property isn’t inhabitable and this increases the chance that the homeowner won’t continue to make payments. Beyond just the reason, the mortgage lender has to be assured that the borrower has a sound and reasonable plan to return to fiscal stability and can be relied upon to stay current on their mortgage payments afterward.

To begin a mortgage forbearance you should get in contact with the lender’s loss mitigation department. A customer service flunky or a collections agent won’t be able to help you with this. It is important that you take complete and careful notes about your interaction with this department. Stay polite and calm while you speak to them and in any written communication with them. It’s best to begin by asking for a homeowner’s assistance package or a forbearance agreement application. Sometimes the lender’s representative will ask you for details on your situation in writing although some will take a statement over the phone.

In general, most lenders will be willing to enter into a forbearance agreement if there are 3 or fewer delinquent payments on the the account. If  there are more, it is quite rare for them to negotiate an agreement. If you aren’t behind on your mortgage, then it is unlikely that they will be willing to negotiate an agreement with you until you are actually behind on payments.

A forbearance agreement generally calls for the borrower to pay back the loan delinquency within 3 to 12 months, usually by making an extra 1/2 payment each month including interest and late payment fees. Sometimes lenders will remove late payment fees but sometimes not, however, it doesn’t hurt to ask about this. Occasionally, they will tack on an inspection or appraisal fee. They will do this to insure that you’re still occupying the home and that the property hasn’t been abandoned. Lenders generally prefer a gradual repayment plan instead of a lump sum payment although some may accept this if the source of the funds can be verified. It is almost unheard of for a lender to extend the pay back time for more than 12 months so make sure any proposed repayment plan fits well within this timeframe.

Make sure that you carefully read any forbearance agreement you receive from the lender. If you’re unsure about any part of it, consult with the lender and with an attorney. Some lenders will try to sneak in additional terms and conditions that may cause you difficulty.

It is important not to abandon the property while you’re working under a forbearance agreement. Not only does this indicate to the lender that you’re likely to default on the loan, it may also disqualify you from tax advantages as well as government programs intended to help distressed homeowners.

Of course, a forbearance agreement will only work if you’re on solid financial ground where you will be able to overcome a temporary financial setback. If this isn’t true in your case you should examine other options that are more drastic than a forebearance.

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