Subject: Resolving Distressed Property Issues
How do you ever find solid, practical information that will
help you when dealing with stressful property issues? You start by reading this
article.
A Review
of Your Options:
Should you be behind in your mortgage payments, you are
certainly not alone. Essentially, none of us are ever fully protected from the
possibility of financial duress. Indeed, medical bills, under employment or
loss of a job(s), divorce and death are among the many causes of mortgage
default. In fact, according to CoreLogic, approximately 10% of all home sales
in 2015 were due to a so-called “distressed” property sale.
It is often not the property that is distressed, but rather
the mortgage. Accordingly, should you be confronted with the prospect of losing
your property due to your present ability to keep current with your mortgage
payments, we respectfully suggest that you be aware of the options that you
have and subsequently decide the best course of action.
Distressed Property Scams:
Look out for anyone claiming or wanting the following:
- Anyone who instructs you to make mortgage payments directly to them.
- Anyone who asks for a fee up front. Government agencies do not charge for counsel or advice.
- Anyone who claims but cannot prove they are associated with a government program.
- Anyone who tells you to stop making mortgage payments if you are able to.
- Anyone who asks you to sign over a deed to them, without having an attorney first review it.
Your first step is to become as informed as possible and then
reach out to the appropriate parties, including your lender, government
agencies, attorney, and real estate professional, rather than succumbing to the
influence of anyone without first developing a fundamental understanding of the
pre-foreclosure and foreclosure process, including what is involved in
preventing a foreclosure when possible.
Deed in Lieu of Foreclosure:
This is a deed instrument in which the borrower conveys all
rights and interests in their property to the lender in order to satisfy a loan
that is in default and to avoid a foreclosure. Lenders are willing to do this
when they believe that the cost of re-possessing the property is greater and
more inconvenient than simply taking over the property in a far less public and
eventful way. There is much more to this, such as circumstances surrounding
loan to value ratio, present market, and salability of the property, along with
other considerations that are all factored in.
Short Sale:
A short sale is a sale of a property in which the funds from
the sale are less (fall short) than the balance owed on a loan secured by the
sale of the property.
- Lenders usually ask for
a hardship letter to be included as part of the short sale packet that is
presented to the lender.
- Ask an accountant what
the tax implications are regarding a short sale.
Foreclosure:
There are three stages of a foreclosure. First is the
pre-auction period. This is where the lender has declared you in default and
this becomes publicly posted and listed. During this period, many unscrupulous
parties will reach out to homeowners offering to negotiate with your bank, or
claiming they can stop the foreclosure by helping you file for bankruptcy. These individuals, some of whom are scam artists
will attempt to get financial information over the phone, charge you a fee, and
even ask you to sign your title over to them.
The second phase of a foreclosure is the public auction. Even
when a property sells, there is often a period of time where the homeowner can
get their property back by making payments in full for mortgage and all debts.
The third phase is where lenders, if they are not satisfied
with the outcome of the auction sale, take on the marketing and sale of the
property they now own themselves.
The more that you understand the impact of a foreclosure or
bankruptcy on the lender, the more confident and aggressive you should be about
your many options (including all those we did not even cover).
If you have any questions about the information in this
report, please see my contact information on the front of this newsletter. I’ve dedicated my business to helping people
just like you.
For
any Real Estate Advice that pertains to financial, legal, or tax related
information please contact the professionals in those fields. The practice of
Real Estate representation can vary by state. Ask your Real Estate
Representative for agency information pertaining to your state and company
Warmly,
XXXXXXX
Word Doc Version of Email
Rich Text Version of Email