Just mailing the keys to the mortgage holder, aka “jingle mail”, and walking away is a bad idea. After all, you signed a contract to make payments on the home loan as agreed. If you find yourself unable to meet these obligations there a number of remedies you can pursue to discharge the home loan debt properly.

Naturally, you may feel frustrated with your situation. Many inexperienced borrowers found them tricked into taking on loans that they were obviously going not be able to pay back. Even experienced borrowers have been hurt by the boom and bust of housing prices. However, the excesses and mistakes of the past don’t discharge the debt. Even if you were a victim of predatory lending practices or out and out fraud, you still need to go through proper legal procedures. In short, you have to follow the rules in order to properly deal with your problem. Walking away from your home loan obligations isn’t following the rules. Remember, it is in both your best interest and the interest of the mortgage holder for you to stay in your home and paying a mortgage.

In some cases, you might be able to qualify for a loan modification that would allow you to stay in your home with a mortgage that’s been modified to better fit your financial situation. The government has recently created a $75 billion program to help people with out of control home loans. You should contact your mortgage company to discover if you qualify for this home loan modification program.

However, if you can’t qualify for a home loan modification then you will need to try for a short sale. This is where, with the agreement of the financial institution that holds the mortgage, you sell your home for less than what you owe, typically at the current market value, and the bank agrees to forgive the difference. These days it can be difficult to find a qualified buyer who can get a home loan even at the reduced prices.

In this case, the home loan lender may be willing to accept a deed in lieu of foreclosure. When this happens, you sign the house back over to the mortgage company and they forgive some or all of the debt you owe. You will need to work out the deals of this agreement with the mortgage holder. If at all possible you will want to have some qualified legal representation to help you through this process. Some former homeowners who’ve done a deed in lieu of foreclosure have found themselves still on the hook for thousands of dollars due to a bad agreement.

Another thing to understand about a short sale or a deed in lieu of foreclosure is that it will place a serious bad mark on your credit for several years. It will typically be 2-3 years before you can easily borrow money again for even small things like a credit card or vehicle and most likely 5-7 years before you can qualify for another home loan. Also, there are tax implications when a debt is forgiven. You may end up owning a big tax bill as well so make sure that you examine this aspect too.

If you can’t work out a deed in lieu of foreclosure agreement this only leaves foreclosure itself and bankruptcy. This isn’t a great option for either you or the mortgage holder. This is the result of a failed negotiation, either on your part, the bank’s part, or of both parties. My recommendation is that if you find your home loan in trouble that you begin seeking alternatives to foreclosure with your mortgage holder as soon as possible.

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The important thing is to remember that most homeowners wait too long to start investigating their options. It is almost as if they are looking for a reprieve from the lender.  Unfortunately, those in poor financial standing are unlikely to get that reprieve. Therefore, it is to your advantage to understand the facts of short sales ahead of time and begin negotiating with your mortgage lender as early as possible in the process.

Not all homeowners are able to receive assistance from their lender and not all banks are willing to offer it.  If you find yourself in this position, a pre-foreclosure sale at the full price of the mortgage may be the only way to keep your credit in good standing.  Don’t be mislead, a foreclosure will negatively impact your credit score for many years to come.  Some foreclosure lawyers advise their clients declare bankruptcy to stop foreclosure.  This can work in some states but it is also risky and will damage your credit score as well.

If you make the decision to sell your home, either at full price or at a price lower than what you owe (aka a short sale), it is a wise to make arrangements ahead of time with your lender. This is required in the case of a short sale but even if you manage to sell your home for you owe staying in touch with the mortgage lender will help smooth the process. If your lender knows that you are actively trying to sell your home they are more likely to allow you time to close that sale and may assist the sale in other ways. Staying in touch with the lender is something you should do.

As for that sale, it can be handled by you or by a realtor.  If you are upset about the loss of your home, working with a realtor who knows how to work with pre-foreclosure sales and short sales is advised.  Not only might you have difficulty dealing with prospective buyers who seem to have no regard for you or your troubles, you will also want to have someone who knows the process helping you out. If you do end up using the services of a local realtor who understands short sales to assist you with the sale of your home, you may actually receive more money.  This happens because realtors usually sell homes for somewhere at or around their actual assessment value.  Although it may be the case that not much will be left over after paying your mortgage and the realtor, it may be just enough to help you make new living arrangements. Since buying another home likely isn’t an option, you will most likely need to have enough money for a security deposit as well as first and last months rent.

Remember, buyers who’re interested in pre-foreclosure and short sales aren’t always careful with the words they choose.  Believe me, you may have to deal with people who look down on you. This can be an unpleasant situation, to be sure, but it is important to remain calm. Unfortunately, you will find that there are many misconceptions about people who’re facing foreclosure, most of which are not true.  Remember to always keep your head held high.  As painful as it may be to deal with a jerk, at least you can avoid foreclosure and keep your credit in good standing.

The biggest downside to selling your home, a home that you liked well enough to buy in the first place, through a pre-foreclosure or short sale, is the loss of your home. This stark reality is why many homeowners procrastinate until the last minute to begin looking into how to sell their home like this. It is a decision that many homeowners are uncertain and frightened about.  However, you have to know that unless you can get your mortgage back to good standing, you will lose your home regardless of what action or inaction you decide to take.  A pre-foreclosure sale or a short at least helps you retain a decent credit score, especially if your mortgage is paid off in full.

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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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The traditional advice given by financial experts is for a troubled homeowner to contact their lender as soon as they begin to fall behind on their mortgage. After all, it’s assumed that the lender wants to do everything they can to avoid an expensive foreclosure. Does this assumption still hold true in today’s real estate market? The experiences of many troubled homeowners seems to indicate that this is no longer the case. They’ve found the path to obtaining a lower interest rate or more manageable payment to be very frustrating.

The cause for this is really rather simple, there’s no financial incentive for a lender to offer a loan modification to most homeowners. As it turns out, many lenders aren’t really lenders at all. What they actually are is a loan servicer. This means that they essentially take the mortgage payments and distribute these payments to the actual investors.

Most home loans over the past 10 years have been bundled and sold as an investment instrument. This has created a market for loan servicers, companies or divisions at banks, which simply manage the accounts and are paid a commission for doing so. They don’t have the legal authority to modify conditions of the loan. All they can negotiate are repayment in full plans or forbearance plans.

The actual owners of the home loan are the hundreds or even thousands of investors who own a part of many loans. They would all have to agree to change the terms of a mortgage contract and this is unlikely to happen. Thus, the loan servicer has a strong incentive to stall or delay any kind of loan modification. Why? Because they get paid a commission to do it. They get paid by the investors for their collection efforts up until the actual sale or foreclosure. However, they will not profit if a loan is modified.

The first step to avoiding frustration in the loan modification process is to determine who your mortgage holder really is. If your mortgage has been sold as part of a security, the chances of you being able to get a loan modification is rather low. In this case, you should prepare yourself for other options, such as a short sale, deed in lieu of foreclosure or a foreclosure, or find a way to bring your mortgage current and continue to keep it current.

There could be changes in the law that would remove the financial incentive for mortgage loan servicers. Several have been proposed in Congress, the Obama administration and the SEC. However, until the law is changed troubled homeowners, their communities and the actual mortgage investors will continue to have a no-win situation on their hands when it comes to mortgage loan modifications.

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First of all, remember that if you’re in danger of falling behind on your mortgage payments it’s best to be proactive and move quickly to resolve the situation. If you act early, you’ll face fewer consequences financially and emotionally. Delaying and ignoring the reality of the situation will only make things worse for you.

Most mortgage loans are due on the first of the month and the borrower typically has a grace period of 5 to 15 to make the payment without a penalty. After this grace period most lenders impose a late fee that’s typically 3 to 5% of the missed payment. Some mortgage lenders have gotten more aggressive in calling home owners during this period over the past year. They’re doing this to head off potential problems down the road and to get a feel for the borrower’s financial situation. Naturally, it’s best not to be late on payments simply to avoid the late fee. These fees can add up and hurt you financially, especially if you’re struggling.

At 30 days past due, the problem becomes more serious because the mortgage lender will report you to credit reporting agencies as being delinquent. This single report can drop an excellent credit score to a below average credit score although some evidence suggests that credit scores that are already average and below average as less affected by this. This black mark on your credit score will make it more difficult to qualify for new loans, including a refinance on the home. It will also make other loans, like auto loans, much more expensive.

Also, at 30 days, you will begin to get calls from the collection department within the mortgage lender’s organization. Their typical home loan relief option is for you to make your back payment and current payment now. If you’ve faced a temporary financial set back, such as a short job loss, natural disaster or medical expense, and you will be financially able to get caught up, this is the point where you might want to consider working out a forbearance agreement. This agreement will allow you to get caught up on the missed payment over a 3 to 6 month time frame while stopping the foreclosure timeline. Of course, if you don’t meet the payment commitment, the lender will probably move more quickly toward foreclosure.

The payment negotiation period typically ends after 3 mortgage payments are missed, roughly 90 days. However, some lenders have let this go for longer periods given the current state of the real estate market and general economic conditions. But the negotiation period ends when the mortgage lender files a “notice of default” with your local courthouse. They will send you a certified letter, usually from their law firm, stating that the the foreclosure process will begin unless you make good the missing payments plus late fees and legal fees, typically within 10 business days.

At this point in the foreclosure timeline you should have already contacted the loss mitigation department of your lender. Depending on the lender and the type of loan, they may be able to offer you loan modifications, longer term forbearance agreements and other ways to avoid foreclosure. If your financial situation won’t be good enough to avoid foreclosure, you can still negotiate slightly less damaging alternatives such as a short sale or deed in lieu of foreclosure. Once the legal notice is filed, most lenders become a bit more hard nosed since they’ve had to pay a law firm so it’s quite important for you to try to work out something before things get to this state.

Another thing that happens at this point in the foreclosure timeline is that the borrower’s credit score is further damaged. Public notices like a notice of default are picked up by credit bureaus and this will depress credit scores to the point that getting almost any loan is impossible.

Since the notice of default is a public notice this will also bring a slew of scammers and opportunists to your mailbox, phone and even to your home. You’ll get all kinds of offers to ‘help’ you out but most of them will be dishonest to one degree or another. Be very wary of entering into any kind of buy back or foreclosure prevention program, especially if they involve you making payments to a third party or signing over the deed to your home.

After the notice of default, the borrower typically has about 90 days to make up the payments and fees in full. In states where non-judicial foreclosures are used a “notice of sale” is presented to the borrower, once again from the lender’s law firm, and this notice is made public as well. This means that the house will be sold at the next available legal sale date in that state or locality, usually 15 to 30 days after the notice. In judicial states, the process is often different but will follow a common time line. In this case, it’s best to consult a local foreclosure attorney to get an understanding of a particular state’s legal procedures and foreclosure timeline.

Lastly, you can halt foreclosure prior to the sale date if you bring the loan current and pay fees. For most people in this dire financial situation it’s not possible but some people have been able to do this. Some lenders will delay the sale and reinstate the loan if a substantial portion of the payments owed are paid and an agreement is struck to pay off the remaining fees in a short time. Others may delay the actual foreclosure pending the closing of an approved short sale deal. Others won’t do this. Of course, foreclosure can be also delayed by filing a lawsuit against the lender or declaring bankruptcy but these are basically stalling the inevitable and only put off, and don’t stop, the foreclosure timeline.

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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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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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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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First, the rising number of homes for sale puts a drag on home prices that will be difficult to overcome for some time. This creates a difficult environment if you need to sell your home, even as a short sale, or refinance a home loan since it keeps home prices low. Even if you live in an area that isn’t as badly impacted, your home value will suffer too. While some home ownership tracking agencies report a tapering off of new foreclosures in heavily hit areas the current inventory glut means that the recovery of home prices is going to be pushed out several years.

However, the news that foreclosures in areas where there was a significant price bubble and many sub-prime loans isn’t getting worse has to be weighed against the news that prime, mainstream, home loans are being affected at an increasing rate. Homeowners who had good credit and a once solid earnings history are now beginning to default in increasing numbers due to job loss and other such factors related to the recession.

On top of this news, banks and other mortgage loan companies are beginning to move faster on foreclosures. Last year, many were under political pressure from the Obama administration and Congress to hold off on foreclosures. Now, with the new financial reform law passed and Democrats set to lose some control in Washington after the 2010 elections, this pressure appears to be reduced. Also, bank loan analysts have had enough time to discover if a loan is worth salvaging under various foreclosure relief programs. This means that banks are more prone to enforce their foreclosure rights now than they were a few months ago. The net effect is that strategic defaults and other delaying tactics which allowed people to stay in their homes for months or even a year or more without making a payment aren’t going to work now.

Unfortunately, all of this new foreclosure activity has caused an increase in the number of foreclosure relief scams. Be wary of anyone trying to sell you a program that encourages you to use dodgy techniques to forestall foreclosure. Banks have become wise to these tricks and are moving ahead with foreclosure if they think a home loan can’t be saved.

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