Foreclosure News and Information
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Foreclosure is a term many people may have heard of yet are unsure as to what the term means exactly. Foreclosure is something which affects homeowners who have a mortgage or lien on their home and do not own the house outright. There are a few things which homeowners should be aware of with regard to foreclosure in order to prevent this from happening to them.
What Is Foreclosure?
Foreclosure is when a lender who currently holds a mortgage on one’s home can come in and repossess the home due to a number of reasons but mainly for nonpayment of a mortgage. For those individuals whose home is less valuable than their current loan balance, they may also owe a deficiency judgment as a result thereof.
How Do Foreclosures and Deficiency Judgments Affect the Individual?
There are many ways in which foreclosures and/or deficiency judgments can affect an individual. First and foremost, when a home is foreclosed upon that individual loses their living quarters plus any money which they have already paid for the home. When one has a deficiency judgment issued against them they will find that they will owe varying sums of money in order to make up the difference between the value of the home and the outstanding loan on the home. Also, it is important to note that either one of these incidents can affect the credit of an individual and cause a blemish on their credit rating for years to come.
Ways to Prevent Foreclosure
There are a few ways in which homeowners paying mortgages can avoid foreclosure on their beloved home. The first way in which to do so is to pay the mortgage bill on time. This is the primary answer for those who ask how to avoid foreclosure. For those who have difficulty with doing so from time to time, there are other ways to prevent this from occurring.
The homeowner should always address letters from the lender which revolve around late payments. Within these letters the homeowner will find important information that tells the homeowner what to do if they are having trouble making payments. The letter will ultimately include phone numbers and names of contact individuals at the financial institution so that they can discuss their payment issues with a lender representative. It is crucial for the homeowner to speak with the lender and not bury their head in the sand to avoid it. Avoiding a problem such as nonpayment of mortgages will not make it go away and will only make it worse.
Individuals who are having trouble making mortgage payments should also be certain to stay in their homes and not abandon the property in any way. This will only hurt the individual in the long run and make foreclosure even that much more of a possibility.
Lastly, if the home is a HUD home, there are HUD counseling agencies which will aid the homeowner in preventing foreclosure issues from arising. The homeowner should contact HUD authorities to discuss ways in which to keep their home and make payments.
Possible Alternatives to Foreclosure
For those individuals who have trouble making mortgage payments on their home and fear foreclosure, it is important to know about other alternatives which may be recommended besides the dreadful foreclosure. Not all of these alternatives will apply to each and every individual but some may prove to be very handy when all is said and done. The first is called a special forbearance.
The special forbearance is something which may be arranged by the lender whereby the homeowner receives a payment schedule adjustment and may also receive a suspension of payments for a certain period of time. The representative of the lender will discuss options with the homeowner and after reviewing their situation decide if a special forbearance is warranted.
Another alternative to foreclosure is the mortgage modification. A mortgage modification is where the homeowner has the option to extend the loan period or refinance their current loan to get a lower rate and therefore have lower monthly payments. This is a wonderful option for those individuals who do not make enough each month at the moment to currently pay their mortgage.
A partial claim is another alternative for homeowners facing foreclosure to consider. The partial claim is available to those individuals who have HUD loans. With this payment alternative, the Department of Housing and Urban Development would help the homeowner bring their mortgage up to the current balance by paying the money which is overdue. This is a way to help the homeowner get out from under the mounting debt and then try to get them on the right payment schedule.
Some individuals may find that selling their home is the best bet and they can do so by way of a pre-foreclosure sale. This allows the individual to sell their home for an amount less than the total mortgage amount due prior to having it sold via foreclosure sale.
Lastly, one may be able to submit a deed in lieu of foreclosure. Although this still will not prevent the homeowner from losing their house, it will help them in the long run by not having a foreclosure on their credit history.
Summary
Foreclosure is a serious matter for homeowners to face. However, it is important to know that there are ways to prevent foreclosure and alternatives to foreclosure do exist should such a thing be necessary in the end.
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Where do most people turn when they seek opportunities in real estate foreclosure investing? Sure, they take a look at free foreclosure listings or even sources of foreclosures that they pay for. While these sources may lead to productive and profitable deals, they also usually require extensive marketing and business promotion in order these preforeclosure opportunities to be most meaningful in real estate foreclosure investing. How do you learn how to do these things in your pursuit of foreclosures? The key is real estate training and, more specifically foreclosure training/short sale training. With all the real estate foreclosure investing options out there, I think the greatness of the current market also can be risky for the investor because, without the proper short sale training or even basic foreclosure training, you run the risk of not really knowing what you are doing. Profits can be lost and so too can foreclosure opportunities when you lack the proper real estate foreclosure investing training. Real estate foreclosure investing is an amazing opportunity but there are many aspects to consider, especially if you are really going to learn real estate short sales. Good foreclosure training and good short sale training programs cover all the features you need to learn, including marketing, negotiations, and even the emotional aspect of the sale, a natural by-product of foreclosures that can often complicate short sale deals. My efforts here are to assure you that there are indeed unlimited deals to be found within the realm of real estate foreclosure investing. Whether you’re just curious how to make money with foreclosures or really dive in and engage in serious real estate foreclosure investing (made easier with quality loss mitigation training), then you owe it to yourself to check out my Preforeclosure Cash Flow System and the many short sale training modules within it that cover how to really launch your career in real estate foreclosure investing. In closing, the entirety of the foreclosure process is ripe with deals that are there for the picking. In today’s market, the short sale process is as much as part of real estate foreclosure investing as any other part of the business. Look at other types of foreclosures too and keep your eyes open because the deals are out there. I also suggest that you commit yourself to real estate short sale training, and your pursuit of real estate foreclosures, investing in them, and profitability will be more productive and more rewarding. I wish you the very best in success in real estate foreclosure investing and in business as a whole. By D. C. Fawcett, Business Building Coach to the Foreclosure IndustryFor more information visit: http://www. realestateforeclosuresinvesting. com
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Profit from foreclosures is more than buying a property at a foreclosure auction for pennies and then reselling that property for a windfall gain the next day. There are other possibilities. In this article, we will consider three ways you can profit from foreclosures.
1) Bid at the foreclosure sale
2) Buy an REO from the lender
3) Negotiate a sale with the distressed property owners
The Foreclosure Process
When borrowers fail to make their scheduled mortgage payments, or when owners fail to pay their property taxes or some related obligation such as homeowners’ association fees or special assessments, transfer a mortgaged property without lender approval, or undertake renovations that diminish the value of the property, because a contract is shirked, foreclosure can occur.
A legal “notice of default” or a “lawsuit to foreclose” (depending on the state) is typically filed to initiate a foreclosure. This formally announces to the property owners, other parties who may have legal claims against the owners or their property, and the public in general that legal action is moving forward to force a sale of the property. This notice is delivered to the borrower at least one month before a sale (typically between 60 to 180 days) and subsequently posted on the Internet or in newspapers as public notice.
In response, the borrower can do several things to prevent or delay the process.
1) Workout the loan with the lender and perhaps reinstate or even refinance their mortgage defaults.
2) File a legal defense against the lender and in turn drag the process into court and delay it for a year or longer.
3) File for bankruptcy and automatically stay the action. Bankruptcy courts have even been known to annul a foreclosure sale that has already occurred.
Okay, but with no loan workout, and when legal defenses or delaying tactics are ignored or run out, the sale date arrives and the property is auctioned to the highest cash bidder. Thus bringing us to the first way you might profit from foreclosures.
The Foreclosure Sale
Though foreclosure sales typically lose money for lenders, lien holders, and property owners because foreclosed property sells at a price lower than market value, foreclosure auctions are not that easy because they are not a typical market value transaction.
No information about the property is given other than its legal description. You must pay cash. There is no “contingency” allowance for financing. The property is sold “as is” with no guarantees or assurances about the title, condition, environmental hazards, or even that the property will be conveyed free of occupants (you may inherit the owner, tenants, or squatters).
It’s true that savvy bidders can turn big profits at the auctions, but there is a caveat. Never bid blind at a foreclosure sale — you have to do your homework.
REOs
Lenders that win the bid at an auction classify and sell the property as an REO (”real estate owned”). Thus bringing us to the second way you can profit from foreclosures — purchase an REO direct from a mortgage lender.
Since lenders often want to remove REOs from their books as quickly as possible, they may grant buyers favorable terms such as low or no closing costs, below-market interest rates, and low down payments. Moreover, when the property needs fix-up work, lenders are prone to accept offers at a discount price. Lenders don’t give REOs away, but you can get good deals.
You can find REOs by attending and following up after foreclosure sales, or by contacting a real estate agent who markets REO listings.
Distressed Owners
Lastly, you can profit from foreclosures by buying property from distressed owners.
Divorce, job loss, accident, illness, business failure, and other setbacks do cause people to miss mortgage payments and get into foreclosure. You may be able to help them salvage their credit record and some equity, while at the same time secure a bargain for yourself.
But the “get rich quick” gurus greatly exaggerate the possibilities of profiting from property owners who face foreclosure. The reality is that when you talk with property owners in default, you’re far more likely to uncover a minefield of problems requiring skill and creativity then just a simple deal.
Owners who are in foreclosure, for instance, typically owe more on their mortgage than their properties are worth. This means you must talk the lender into a “short sale”. The lender must be willing to reduce the balance due on its loan so you are able to receive a reasonable profit for agreeing to make up delinquent payments and take over the loan. This is not easy.
Furthermore, many who face foreclosure contend with the claims of multiple creditors. You must be sure that none of those creditors has filed a lis pendens, or the IRS a tax lien. If so, you will have to clean it up to gain clear title.
Moreover, before you finalize a pre-foreclosure purchase, be sure to thoroughly inspect the property and accurately estimate the costs of repairs, renovations, and perhaps environmental cleanup. You will never profit from foreclosures if you gloss over property inspections and make only an eyeball guesstimate of expected costs.
Finally, bear in mind that someone facing foreclosure will not be an easy person to deal with. So don’t act like a shark. Instead of a “Here’s my offer-take it or leave it” approach, why not take a sensitive, empathetic, problem-solving approach. You’re more likely to come up with a win-win agreement.
Here’s to your success.
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I live in Las Vegas. I just received a Foreclosure Intent notice by certified mail. How much longer can I stay in my house?
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I know someone who like many americans is out of work and behind on their mortgage. They got a notice from Wachovia that they are starting the proceedings for foreclosure. If they don’t get a job and make money they will be forced to live with relatives however how long do they have? Some say a year or two. I thought it was only a matter of months before the bank sends the sheriff to kick you out.
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My family and I are relocating to Arizona and we are afraid that we will have a hard time renting a home due to the high foreclosure rate. We are aware that many homeowners and investors are attempting to rent out homes that are being repossesed.
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More specifically, can a foreclosure and/or default on credit cards prevent an applicant from being approved?
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Can a foreclosure be removed from your credit after a year? How long does this stay on your credit report?
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