First of all, put your emotion aside and channel your energy into finding a solution to your problem. Dwelling on the emotion of the situation only makes it worse while taking action, even if it means finding and moving to a new location, can help you recover mentally from the blow. When you begin to think clearly and take action, you’ll feel much better. Let’s take a look at some of the basic steps you can take and who you can turn to who can assist you in this situation.

If you are having financial problems as serious as foreclosure, my first recommendation is to contact members of your extended family. Of course, this depends on how strong your family bonds are and how good your family relationships are. I understand that not everyone is blessed with a good family situation. But, if your relationship is good, don’t ignore the help you can get from them. Sometimes, they may be able to help you through a financial rough spot if they’re fully aware of the problem. But even if they can’t help financially, they can often help you deal with the problem at an emotional level. Sometimes close friends can substitute for family relationships but I always counsel caution when money is involved although emotional support is fine.

When one is dealing with foreclosure, one of the first places, outside of family and friends, to contact is with the Department of Housing and Urban Development (aka HUD). They can put you in touch with a HUD approved housing counselor. This counselor can give you some ideas you can use to avoid foreclosure. Even if your foreclosure cannot be stopped, these counselors have resources at their disposal that can help you find a new place to live.

You may also find it useful to contact an attorney who specializes in handling foreclosure cases. While bankruptcy is the most common way lawyers stop foreclosure they can have other tools at their disposal, such as determining if your lender has followed legal procedures correctly. Another thing that a good foreclosure attorney can do is provide an emotional buffer between you and the mortgage lender and their representatives. Since your lawyer doesn’t have an emotional stake in the dispute, they can shield you from the troubling emotions that can surround a foreclosure and speaking to lender on the phone or in person about it. The downside of hiring an attorney is the cost. If you’re having financial trouble, then one may not be affordable to you.

Real estate agents who specialize in pre-foreclosure sales and short sales may also be a helpful resource. Having an agent who knows the laws in your state and how to work with lenders on these sales can be a great asset. You do need to be a little wary about who you work with though. Some agents may be lazy in working with you for various reasons and others may push you toward questionable deals. I always recommend checking out the reputation of any real estate agent you work with but especially in the difficult situation.

In some cases, working with your mortgage lender themselves is an option. If your loan is through a smaller, local, bank or loan organization, this is a practical thing to do. They have an incentive to avoid foreclosing on properties in the mortgage portfolio and may be quite willing to work with you. If this is where your home loan is, by all means, contact them as soon as you can. However, if your loan is from a large national banks or if your loan has been sold on the secondary investment market it can be difficult or even impossible to contact anyone with any real decision making authority regarding your loan. At best, you’ll be put in touch with a low level cubical dweller who’s only interest is in following a pre-defined collection script and have no interest in hearing the details of your situation. Don’t put yourself through that kind of useless stress.

I hope this article has provided you with some ideas on who to consult when you’re dealing with a foreclosure.

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Perhaps you are at the point where you are certain that you will lose your home simply because you can no longer afford it. Maybe you have already been considering a short sale in order to avoid a foreclosure. Unfortunately, if you’re like many people, you may have found it difficult to get the mortgage lender to agree to sell your home for less than what you owe.

This situation has become common since the housing meltdown began. Often it takes months for an overwhelmed mortgage lender to respond to a short sale request. By then, it’s often too late because the buyer has gone elsewhere and the lender’s foreclosure department, or worse yet, their attorney or foreclosure legal services firm, may have started legal proceedings. What’s more, there have been no clear guidelines as to what types of short sale offers were acceptable. Beyond that, many borrowers also have second mortgages that further complicate the situation.

During the current housing crisis only about half of short sale offers have been accepted nationwide. In some hard hit regions, this number is less than 20%. As a result, many real estate agents have stopped listing short sale homes. This inability to close on homes in the short sale process has resulted in most of these homes winding up in foreclosure anyway. This is what the new Government Short Sale Program, the Home Affordable Modification Program, is supposed to correct.

Under this program, when a troubled homeowner decides to list their home as a short sale, mortgage lenders are required to respond to any short sale offers within 10 days. Additionally, the Home Affordable Modification Program also provides a number of incentives to both the homeowner, mortgage loan servicers and secondary lenders.

Under the program, homeowners get $1,500 to assist with moving expenses and cannot be charged any administrative fees for participation. Most importantly, borrowers are released from all legal obligations associated with the loan. This provision prevents mortgage lenders from seeking a deficiency judgment against the homeowner. These judgments can result in wage garnishment and other financial punishments in many states.

Loan servicers get $1,000 to help cover the cost of paperwork. Plus, the home is sold so they don’t have the additional overhead of maintaining a vacant house and trying to resell it, which can become very costly in some areas. For secondary lenders, there are up to $3,000 in incentives to encourage them to participate in the short sale offer.

To qualify for the Home Affordable Modification Short Sale Program you will have had to have unsuccessfully tried to get a mortgage modification through the program. Naturally, the property in question must be your principal residence. The mortgage loan must have been made prior to January 1, 2009 plus it must be guaranteed by Fannie Mae or Freddie Mac.

Additionally there are financial requirements. First of all, you must be behind on your mortgage. Your total monthly mortgage payment has be be more than 31% of your monthly income before taxes. Lastly, you cannot owe more than $729,750. Remember that lenders will check for any hidden income and/or assets and the tighter application process allows lenders to have greater access to a borrower’s financial information.

The Home Affordable foreclosure alternative program will expire on December 31, 2012 unless Congress decides to extend it. Let’s hope that the economy and real estate markets improve significantly by then, thus eliminating the need for the program.

Will the new Home Affordable Modification Short Sale Program help you get out of a home you can’t afford with as little financial and credit damage as possible? Maybe, but the results of the government loan modification program haven’t been that great since it was launched over a year ago. However, it is worth a try if you qualify for it.

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When it comes down to it,  banks made it far too easy during the past few years for homeowners to take money out of their homes with home equity loans and subprime mortgage refinancing.  This was OK as long as the economy was OK and property values kept rising. Unfortunately this was an economic bubble and resulted in the fall we’re seeing now. Now home values are plunging and many homeowners now have inflated mortgages and home equity loans paired with an under valued home. The truly unfortunate part of this situation is that many homeowners can no longer afford their mortgage payment.  These people are facing the very real possibility of forclosure. For them, losing their family home is a very real threat.

Fortunately, the good news is that many banks that made these questionable loans have begun to  realize the economic realities of the current economic recession and are now giving homeowners several options to solve their mutual problem with bad home loans.

Obviously, the best solution would be to catch up your mortgage and then to make your home loan payments on the agreed upon schedule.  Sometimes banks will allow deferrals, make-up payments and other programs to allow you to get caught up and these are on a case-by-case basis. There are also possible state and federal programs that may allow you and your bank to ease into a home loan solution that fits your particular needs. You will need to check with your bank to discover what these options may be in your individual situation. Just remember that the mortgage company is not the enemy, they want a win-win situation if at all possible. They are willing to help you out in most cases although you may have to talk to several people until you find someone in the right department to work with you on your situation.

In some cases, banks will renegotiate a home loan. Some banks are more inclined to do this than others so you will need to check with the past due loan or the loss prevention department at the bank. Always stay in communication with the bank so that you will be in a good position to take advantage of home loan modifications that may be available to you. On the flip side, some banks won’t negotiate for various reasons so be prepared for other options if this won’t work for you.

One option that is being offered by home loan banks is called a short sale. In this scenario the bank permits you to sell your home at or below the current market value. This allows the home to sell quickly, regardless of what is owed on the home loan.  For example, let’s say that your mortgage is $480,000, but currently comparable  homes in your area are selling for $390,000. If the bank permits you to do so, you can accept an offer for $390,000. It is possible that you could take even lower bids. In turn, the bank will take a loss on the sale of the home because the sale will not cover the full mortgage loan amount, but the bank will not be stuck with a home they don’t want in their inventory.  So far as the homeowner goes, in most cases they will be able to simply walk away after the sale and be free and clear of the original home loan.

To effect the short sale of your home, I suggest that you engage the services of a professional real estate agent who is knowledgeable about short sales and has had some experience and success with these kinds of sales. It is in your best interest to bring in a professional to help you with this because they will know proper way to handle the paperwork involved and other details. Also, since they won’t be emotionally involved in the sale they can offer a practical view of the situation to all parties involved.  Remember that in most cases that the bank that holds the home loan will end up paying the realtor fees.

There are disadvantages to a short sale. Yes, your credit score will suffer although it will not be as bad as it would be with a foreclosure of bankruptcy.  It has been estimated that your FICO score can drop 100 points with a short sale.  But compare this to drop of over 200 points with a foreclosure or bankruptcy. Also, with a short sale, you will not be able to buy a new home for at least 2 years. For a foreclosure or bankruptcy this can be at least 3 years if not much longer.

Bankruptcy is the final solution that might allow you to stay in your home. You will still need to catch up payments and stay current on your payments if you do a Chapter 13 bankruptcy. This will damage your credit but you won’t lose your home if you are able to make your payments.

Lastly, there is foreclosure. Sometimes this will happen in spite of your best efforts to avoid it. Should this happen to you be prepared for some struggles but stay strong and avoid taking on any new debt for several years. Save your money and, with any luck and the passage of a few years of time, you will be able to find a new home to purchase. Just don’t make the same mistakes again.

I hope this article has helped you with your questions about foreclosure prevention.

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