With the current credit crunch that dangerous period of time is now.  As these subprime mortgages reset to higher rates and thus higher monthly payments, many of these homeowners are in a financial bind. Many may even lose their homes because they can no longer afford payments. Should the homeowner lose income due to job loss the problem becomes more acute. Foreclosure proceedings usually start when a homeowner is ninety days late.

If you have an ARM, you should look at your personal finances to insure that you will remain solvent in these upcoming tough economic times we are facing in this recessionary period. Aks yourself these questions. How high can your monthly home loan payment go? Will you be able to afford it when it resets? Talk to your financial adviser and determine if refinancing to a fixed rate is the best thing for you to do. I believe that locking in a 30 or 15 year fixed rate home loan is the safest choice you can make at this time although everyone’s situation is different.

There are many mortgage and home loan companies that will provide you with refinancing options for your adjustible rate mortgage. Unfortunately, given the credit crunch, many of these companies have become much more stringent in regard to your credit worthiness for a fixed rate home loan. Today, it is much harder for most people to be able to borrow money than it was when they initially purchased their home or took out a second mortgage or home equity line of credit.

Do you need to refinace your home loan to avoid the subprime adjustable rate mortgage trap?

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First of all, you will want to gather up your financial documents. This should include your mortgage statements, both your primary mortgage and secondary mortgage if you have one. You will also need information that documents your income such as your current pay stubs and most recent income tax return. Additionally, you will want your recent bank statements and investment statements. Lastly, you will need to have other financial information such as amount owed on car loans, credit cards and any other consumer debt.

Now that you have all of your financial information together, go to the Making Home Affordable website and click on the “Find Out If You Are Eligible” link. Next, select the program type that best fits your situation, either loan modification or refinancing. You may want to review both your options to see which you’re most qualified for. If you don’t qualify for either program based on their web application and still feel that you need assistance with your home loan, don’t get discouraged. You may still qualify for other programs or for lender based loan modifications.

After you’ve determined your qualifications for the Making Home Affordable you will want to get in contact with a HUD-certified housing counselor. You can find one by calling the HUD information line at 1-888-995-4673 or going to the Department of Housing and Urban Development Foreclosure Avoidence Web site. You should be prepared to take notes when you speak with a housing counselor on the phone. Jot down the names of the people you talk to, the date and time as well as the basics of the conversation such as promises that were made or if your were denied. You should also receive a case number. I recommend keeping a notepad handy for this purpose because staying organized is quite important in this effort.

If your current lender gives you a hard time in your refinancing efforts, a new rule change may help you. This new rule allows homeowners who have a mortgage that is guaranteed by Freddie Mac to refinance with any Freddie Mac affiliated lender. You will also be able to roll a larger percentage of you closing costs into the refinancing as well. This additional flexibility in the program should help those who’ve had frustration in obtaining a home loan modification under the current rules from certain lenders.

It is important to remember that you must be current on your mortgage loan to qualify for a government-sponsored refinancing plan. Should you be behind on your home loan you may still qualify for a loan modification under the Making Home Affordable program.

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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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Perhaps the most important thing you can do when you’re facing a pre-foreclosure is to contact your lender. This can be difficult for people to do because of the shame and stress associated with a difficult financial situation. When you contact your lender about your financial situation you will probably start with the customer service number on your mortgage statement. However, this may just be a service company who’s acting on the behalf of the actual lender. Make sure that you ask them if they’re the actual company who holds the loan or if they’re simply servicing the loan. If they’re a service company, try to get a number for the loss prevention department at the actual mortgage holder and contact them. Sometimes you may need to speak with a supervisor to obtain this information. If it’s the loan holder that you’re speaking with, start with customer service although you may need to move up the corporate ‘food chain’ as your case progresses.

If you’ve received a default or intent to foreclose notice it is quite important that you deal with it as soon as possible. Contact the number on the notice after you gather all the information you need. You don’t want to be on the phone with them unprepared or stressed out. Get organized and put yourself in a calm frame of mind. When speaking with them, keep your voice low and calm as best you can. This will help you stay calm even though you’re sure to be stressed and will make them less likely to try collection intimidation tactics on you.

Before calling make sure that you have a game plan in place to explain how you will deal with the pre-foreclosure situation that you find yourself in. You should have complete knowledge of your current income and expenses. You’ll need to know how much equity, if any, you have in the home. Be prepared to explain to the lender why you missed your house payments. If you’ve had a temporary setback, like a health problem or job loss, explain this to them and let them know what steps you’re taking to get back on your feet financially.

Also, try to come up with a reasonable plan to present to the lender prior to your call. If you can afford to pay for your home, make a reasonable payment proposal that’s feasible for both you and the lender. If you feel that you can’t afford to pay the mortgage as it is, let them know this as well. Then you can work through the alternatives to foreclosure that might be available to you. For example, the “Making Home Affordable” government program, that went into effect on March 4, 2009, provided $75 billion in incentives for lenders to assist in refinancing loans for troubled borrowers. Mortgage lenders may have other options too and are more willing to work with borrowers in today’s economy. Even though you may still lose your home the financial and credit repercussions will be less.

You will want to keep a record of all contacts you have with your lender. You should note the date and time of the call as well as the name of the person you spoke to and their title and department. Having good documentation of your communication is essential to getting a good outcome in a pre-foreclosure situation.

If you feel that you can’t handle this situation well yourself, then you should enlist the aid of a legitimate housing credit counselor. These counselors are trained to assist borrowers who’re facing foreclosure with sound financial advice and are certified by the Department of Housing and Urban Development. You can find a list of certified counselors at the HUD web site. Other national groups that can assist borrowers with credit problems include the National Foundation for Credit Counseling, Neighborworks America and Hope Now. Make sure that you deal with a certified, non-profit, housing credit counselor and be careful about scammers posing as such.

I hope that this article will help you if you’re facing a pre-foreclosure.

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Begin by going over all of your home loan documents so that you are prepared for any upcoming resets or other changes to the conditions of your loan. When will your payments increase? By how much? Can you refinance? What kind of penalty would you face for refinancing, if there is any?

You may need to make significant changes in your spending and lifestyle in order to keep your home and maintain your credit in good standing. You may need to consider taking on a second job to help make your payments. Avoid making any major purchases at this time when you are facing financial hardship and the economy is uncertain. Think about selling other assets if you can, such as cars or boats, so that you can use this cash to assist you in meeting your payments.

You should always take the initiative with your home loan lender. It is important that you contact them before the problem becomes overwhelming to you. Should you receive calls or letters from your lender it is imperative that you  respond to them as soon as possible. Do not wait to get too far behind. Lenders are less likely to move quickly into foreclosure if you have been proactive and show that you’re working to make your payments. You will want to speak to the right people. This can be tricky because of the way home loans are resold but be persistent. Ask for the loss mitigation or collections department. It is key for you to be completely honest with them about your situation. Also, don’t make promises to them that you can’t keep even if they pressure you in to accepting unfavorable terms.

You should beware of foreclosure rescue scams and other related rackets. There are a number of scam artists who target people in neighborhoods where foreclosure rates have been high. Their typical approach with troubled homeowners is to promise to help them keep their houses. The trick is that these mortgage loan rescues often come with payments which are out of reach of the average homeowner. This results in the homeowner being defrauded of their home and often still owing the original mortgage amount. Should any company approach you with such an offer make sure that you check them out through the Better Business Bureau as well as your state real estate commission and Attorney General. Do not sign anything without reading it all and get all promises in writing. Ask your attorney or other real estate financial professional to review any paperwork before you sign it. And remember that if it sounds too good to be true it probably is.

Another approach is to contact a nonprofit group that offers free housing advice specific to your area. This is a good way to get more information and financial counseling. They may be able to help you with your options. If you took out a loan between Jan. 1 2005 and July 30, 2007, are current on your loan payments and your mortgage has not yet reset to a higher rate, you may be eligible for a five year rate freeze.

If all else fails, you can always try to negotiate a short sale. If you have missed more than two payments but your home has not yet gone into foreclosure this is the right time for you to find out if you can sell your home for a price that falls short of what you owe the lender on your original home loan. Should your mortgage holder agree to accept the sales price and forgive the rest of your debt, they forgo the pricey foreclosure process and save money. As for you,  you will walk away with only minimal damage to your credit score in most cases.

I hope this article has provided you with some important information on how to avoid home loan foreclosure.

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