foreclosure process

Possible Effects From The Foreclosure Halt

By Rob Minton & John Mazzara

In case you’ve somehow missed it, many of the largest U.S. mortgage servicing companies have halted foreclosures. Ally Financial’s GMAC Mortgage, Bank of America, JP Morgan and PNC have stopped foreclosures in many states – BOA has, in fact, put a moratorium on foreclosures in all 50 states.

Pressing the pause button on foreclosures came as the result of several states’ attorneys general inquiring into the validity of foreclosure judgments for which mortgage servicers did not properly handle documents.
The “blind stamping” of documents – signing off on documents without really reading them – has come under fire after one manager admitted to signing off on about 8,000 foreclosure documents a month without reading them to verify facts. The mortgage companies have halted foreclosures while they investigate practices in their foreclosure processes.

Of course, it being an election year and all, members of congress are calling for a federal probe of lender misconduct. In the short-term anyway, the halt in foreclosures might give some struggling homeowners a little extra time to get on their feet. It might finally lead to overworked employees at busy banks getting the help they need to properly handle foreclosures, and it should make banks a little more willing to work with homeowners to modify distressed loans. With fewer foreclosures hitting the market, home values in some areas might creep up.

There are some long-term effects, though, that can’t be ignored. And some of them are downright troubling.
First, the halting of foreclosures for any period of time by banks that hold as many mortgages as these firms do is going to stop up the pipeline. Tons of foreclosed homes hit the market over the past two or three years, but there are more coming. Stalling that flow of homes now is going to drag out the process for a longer period of time. That means, for one, likely longer pressure on home values. Most experts will agree: The inventory of unsold homes on the market, many of them foreclosures, has to get smaller before home values will stabilize completely.

The effect on the volume of homes sales could be staggering if the moratorium lasts longer than a month or two, and/or if more servicing companies join the party. Across the U.S., foreclosures make up about 30 percent of all home sales. In California, Florida, Nevada – the states that have been hit hard by foreclosure – they make up a considerably larger percentage of all sales.

It’s also safe to assume that title insurance companies are going to be reluctant to insure titles on homes that have been foreclosed. That could be a huge problem because no lender is going to make a loan on home without an insured title. And what happens if the bank has already re-sold homes that were invalid foreclosures? Are the title insurance companies going to have to pay the new buyers?

On top of all that, the whole mess is going to make potential real estate buyers even more nervous about the market, which is already dealing with a huge drop in demand since the federal government’s tax credits for home buyers expired. Perhaps the delay in the flood of foreclosed homes to the market will give time for demand to return, but more likely is yet another “doom and gloom” real estate scenario that will scare buyers and investors off.

Hopefully, the big lenders agreement to halt foreclosures was a gesture of good faith made to the attorneys general, a sign that the firms are taking seriously the matter of following proper procedure in foreclosures. Hopefully, investigations will determine that for the most part, the banks are doing things the right way and will be able to move on.

Because while the short-term effects of the halt might seem attractive, a long-term foreclosure problem would not be good for anybody involved in real estate. In Minnesota, the market has definitely slowed, but some of this is seasonal. I think that the foreclosure issue will put more pressure on all parties involved to pursue short sales. Short sales are generally less expensive-in terms of loss-to the lender. Also, a short sale generally is viewed more positively on your credit. So, why aren’t more short sales being pursued? Rather than give you my conspiracy theory and explain who makes money throughout the foreclosure process, I would simply encourage you to follow the money.

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foreclosure process

What Homeowners Need to Know When Facing Foreclosure

By David Stitt

Understanding the Foreclosure Process

What Is Foreclosure?

Foreclosure is the process that allows a lender to recover the amount owed on a defaulted loan by selling or taking ownership (repossession) of the property securing the loan. The foreclosure process begins when a lender files the appropriate documents with the appropriate officials (see below for more details).

Colorado Foreclosure Laws

Colorado foreclosures occur through both in-court (judicial) and out-of-court (non-judicial) proceedings.

The judicial process is used when no power of sale is present in the mortgage or deed of trust. The process begins when the mortgage lender files suit with the court system. The borrower then receives a letter from the court demanding payment. Typically, you’ll be given 30 days to respond with payment or a written response to the bank’s attorney and parties involved. If you do not respond within the time limit given, a judgment will be entered and the lender can request sale of the property by auction. If you file a written answer with the court, there is a hearing and the process takes longer and can even be forestalled. If a judgment is entered, then an auction date will be set, usually several months in the future. Once the property is sold, you’re served with an eviction notice by the sheriff’s office, and you must vacate the home immediately.

The most commonly practiced method of foreclosure in Colorado is the non-judicial foreclosure process. It is carried out by a Public Trustee who acts as an impartial party. The process begins when the lender files the required documents with the Public Trustee of the county in which the property is located. The Public Trustee then files a “Notice of Election and Demand” (NED) with the county clerk and recorder. Once the NED is recorded, the Public Trustee Sale of the property is scheduled to take place between 110 and 125 days of the recording.

Pre-foreclosure Period

Many factors can lead to default of payment on a home loan and eventually foreclosure. Many are not the fault of the homeowner. Perhaps it is due to a hardship (loss of income, military deployment, health or family issues) or to “loan fraud” or “creative financing” by the banks (Adjustable Rate or ARM, Option ARM, Negative Amortization, or Interest Only loan). Whatever the cause, facing foreclosure is not an enjoyable experience.

The foreclosure process usually begins after the homeowner has missed several payments and different attempts have been made by the bank to collect. Let’s look at what typically takes place and what you can normally expect.

Day 1: You miss your first payment

Day 1-15: Grace period (Some lenders only allow 10 days)

Day 16-30: A late charge is assessed

Day 30: Borrower is in default

Day 45-60: Lender sends “demand” or “breach” letter, and phone calls begin

Day 60-90: Lender sends letters and makes phone calls. A repayment plan or a loan modification plan may be offered.

Day 90-105: The lender refers the loan to the loss mitigation department/foreclosure department and retains an attorney to handle the foreclosure.

Day 90-?????: The lender’s attorney files the required documents with the Public Trustee, who then files a NED with the county clerk and recorder. Once the NED is recorded, the property is scheduled to be sold within 110-125 days at a Public Trustee Sale.

Notice of Sale / Auction

Once the NED (Notice of Election and Demand) is recorded, the notice must be published in a newspaper of general circulation within the county where the property is located for a period of 5 consecutive weeks. The Public Trustee must also mail a copy of the published notice to the homeowner within 10 days. At least 21 days before the Public Trustee Sale, the Public Trustee must mail a notice to the homeowner describing how to redeem the property and stop the sale.

If the homeowner wants to redeem the property and stop the Public Trustee Sale, he must file an “Intent to Cure” with the Public Trustee’s office at least 15 days prior to the foreclosure sale. He then has up till noon of the day before the sale to bring the loan current and redeem the property.

The Public Trustee typically conducts the sale at the courthouse. Bidders must register in advance and have funds available. At the sale, the public trustee reads the written bid submitted by the lender, then any registered party may bid. The winning bidder is given a certificate of purchase.

Redemption Period

There is no longer any redemption period for the homeowner after a foreclosure sale in Colorado.

How to Avoid Foreclosure -What Are Your Options?

FORECLOSURE!

It’s a harsh word that most people avoid thinking about…until they have to. If you are several months behind on your mortgage, without money for professional help, and at the end of your rope…foreclosure may be the ONLY thing you can think about. It preys on your mind and leaves you feeling lost and vulnerable to the come-ons of the unscrupulous ‘professionals’ who say that they are experts in foreclosures, but aren’t. STOP!

You may be in a difficult situation, but it is not hopeless. Foreclosure is not your only option! My name is David Stitt, and I’ve got good news for you. You do have alternatives. You just can’t see them right now. But by the time you finish this short guide, your vision will have cleared and options for your future…good options…will be right before your eyes.

You are not alone! In the United States, foreclosure filings have increased consistently over the past few years, with more new foreclosures reported in every quarter, pushing the foreclosure market to record levels. So you are not alone. But if you’re like the many thousands of people facing foreclosure, you’re scared and confused. You’re overwhelmed by the legal mumbo-jumbo of foreclosure litigation. You don’t know who or what to trust. You’ve undoubtedly been pinned to the mat by Realtors and Attorneys, warning you about the dire consequences you’ll face if you don’t use their services. Or maybe you’ve worked with mortgage brokers. They promise the world – or world-class loans – and then they don’t deliver. And then there’s the holder of your mortgage who is unwilling (maybe after months of negotiating) to budge an inch when it comes to working out a more affordable payment plan.

After all you’ve probably been through, I’m not surprised that you’ve given up hope for a ‘good’ solution and may feel resigned to accepting foreclosure and the years of damage it will do to your credit rating. Once again, STOP! Don’t fall into despair. Things are not as bad as they seem. There are other options.

A helping hand when you need it.

This Survival Guide is exactly what the name says it is: a simple, no-nonsense approach to foreclosures. It was created to help you and other homeowners become better informed about the details of the foreclosure process. I believe that knowledge is power…and I hope that this guide will give you the power to avoid foreclosure entirely.

Once you know the facts, you’ll be able to make a well-reasoned and thoughtful decision and then take action with the confidence that you’re doing what’s best for you.

On the next couple of pages, we are going to take a look at your different options and the pros and cons of each. You will be given the information you need to make a well-educated decision regarding your situation.

What Are Your Options?

Forbearance

Forbearance is a payment plan that a debtor enters into with a lender when they are unable to make timely payments, often due to illness or another temporary situation. In forbearance, the lender will allow you to delay payments for a short period. You agree that after missing payments for a few months you will bring the account current by making larger payments. The problem is, more than 85% of debtors default after the first payment. They cannot continue to make the inflated payments after the forbearance period ends, and they are right back where they started.

Loan Modification

A loan modification is a permanent change in one or more of the terms of a mortgagor’s loan. This may help you catch up by reducing the monthly payments to a more affordable level. You may qualify if you have recovered from a financial problem and can afford the new payment amount. However, Loss Mitigation Departments are now undermanned, under experienced, and overworked. Nightmare stories abound on the subject of patrons having to hound and harass Loss Mitigation Departments to get their paperwork pushed through to escape foreclosure. After all the hassle, most homeowners are still denied any help and end up in foreclosure.

Partial Claim

Your lender may be able to work with you to obtain a one-time payment (loan to be paid at end of mortgage) from the FHA-Insurance fund to bring your mortgage current. You may qualify if your loan is 4-12 months delinquent and you are able to start making full mortgage payments.

Deed-In-Lieu (Voluntary Foreclosure)

As a last resort, you may be able to voluntarily “give back” your property to the lender. You may qualify if you are in default and don’t qualify for any of the other options, your attempts at selling the house before foreclosure were unsuccessful, and you don’t have another FHA mortgage in default. “Foreclosure” will most likely be reported on your credit report.

Loan Assumption

This is where someone else takes over the payments of your loan, usually in exchange for your property. Loans made after 1988 are almost never assumable.

Bankruptcy

Many debtors will spend a lot of money for an attorney to file a Chapter 13 bankruptcy – which is really a payment plan – only to lose the house. In essence you are paying the attorney instead of the lender. Before acting, know how much the process will cost and what your new increased monthly payment will be. Also know that if you miss one payment, your Chapter 13 will be dismissed and you will need to file Chapter 7. This will cost more attorney fees, assets, including your house will be liquidated and your credit report will still show a foreclosure.

Sale of Property

If the homeowner has equity in the property they can and should consider selling the property. The homeowner will receive a check at closing for equity over and above what is owed and closing costs paid. Most homeowners in foreclosure, however, have little or no equity. Be careful listing with a Realtor that can tie up your property for months.

Do Nothing

When it comes to the threat of foreclosure, procrastination is a prescription for disaster. Doing nothing changes nothing. Unless you take action, you will end up in foreclosure and your credit will suffer for the next 5-7 years.

Pre-Foreclosure Sale (Short Sale)

The pre-foreclosure sale program allows the lender in default to sell his/her home and use the net sale proceeds to satisfy the mortgage debt, even though these proceeds are less than the amount owed. It has two major advantages over a foreclosure: (1) You may be eligible for a new home loan after just 2 years instead of 5. (2) You should be able to avoid a deficiency judgment. When a house is sold at auction, the chances of the foreclosing lender filing a deficiency judgment increases dramatically. They will have years to come after you or to sell it to someone else who will.

As you can see, there are several options to consider – but consider you must! You cannot afford to stick your head in the sand like an ostrich and do nothing. Being in the state of denial is a bad state to be in! And as we said earlier, procrastination is a prescription for disaster.

Questions You Need to Ask

Questions You Need to Ask Yourself

1. If I file Chapter 13 Bankruptcy, will temporary relief from my monthly mortgage payments mean that I will be able to stop foreclosure forever…or will I be unable to keep up with my payments when they resume and I end up in foreclosure again?

2. If I choose Forbearance or a lender payment plan that gives me temporary relief from payments I can’t afford now….will I be able to afford the inflated monthly payments that I’ll have to make in the future, or will I end up in foreclosure again?

3. If I am unable to meet my monthly expenses now, can I commit to a payment plan…or should I just give up my house to a lender with a Deed In Lieu and accept the bad foreclosure mark on my credit history?

4. If I do something now, will I have more options available to me…or should I wait until the sheriff is at my doorstep with an Order to Vacate and hope that he/she will show me mercy?

5. If I consult with an experienced Real Estate Investor, will I be able to get out of this situation without ruining my credit…or is my only option to spend thousands of dollars for Attorney fees, Realtor commissions and still run the possibility of losing my house?

Questions to Ask Your Mortgage Broker

1. Do you guarantee in writing that you will close my loan before my case goes before a judge in court?

2. What interest rate will you charge?

3. How many points do you charge?

4. What will my monthly payments be compared to what they are now? Higher? Lower? The same?

5. What will the total of all closing costs be?

Questions to Ask Your Attorney

1. If I file for Chapter 13 bankruptcy, will it stop foreclosure or just stall it?

2. What are your fees for filing bankruptcy papers and handling my case?

3. What will my monthly payments be compared to what they are now? Higher? Lower? The same?

4. What happens if I default on my payments because I can’t make them?

5. Can’t I file a bankruptcy myself at the courthouse and save thousands of dollars?

Questions to Ask Your Realtor

1. Do you guarantee in writing that you’ll sell my house before my case goes before a judge in court?

2. Do I have to pay your commission if I find someone on my own who wants to buy the house?

3. How much do I owe you if you don’t sell the house and I lose it to foreclosure due to a judge’s ruling?

4. If the sale price doesn’t cover my indebtedness and your commissions, do I have to reach into my own pocket to pay you?

5. How long will your listing contract tie up the house and entitle you to a commission?

Questions to Ask Your Foreclosing Lender

1. Can you work out a payment plan (forbearance) with me and will you put everything in writing before I agree to it?

2. If I agree to these terms, will you agree in writing to stop the foreclosure?

3. What will my monthly payments be, compared to what they are now? Higher? Lower? Same?

4. If I’m late on this payment plan, do you start where you left off with the foreclosure?

5. Since forbearance means a big increase in monthly payments, can you tell me how many people end up back in foreclosure because they cannot afford the monthly payment?

What To Do Now

Step 1: Get answers to your questions.

Not only do you need answers to the questions above, but there may be other questions you are asking yourself. Don’t be intimidated by the ‘experts’ you’re consulting. Remember they work for you.

Step 2: Make a decision…and follow through on it!

Once you have the facts you can decide on how to proceed and who you need to help you. The sooner you act, the sooner you can reverse the downward spiral and change your credit from bad to better.

Step 3: Act Now!

After you’ve done your homework and feel you’ve come to an informed decision, you’re halfway there. Don’t let inertia set in. Don’t procrastinate. ACT NOW before your window of opportunity closes.

One final thing to consider: Get a Forensic Loan Audit!

A large majority of the loans made during the last 10 years, especially sub-prime and adjustable rate mortgages were not done properly and have errors and violations.

The Forensic Loan Audit is the FIRST STEP you should take to properly prepare for any type of litigation or any type of solution when dealing with your lender. Audits are used as a valuable tool to get your file to the top of the lender pile and to get your case noticed and heard!

The more violations found in your mortgage, the more LEVERAGE you have to argue your case against your lender. With millions of homeowners requesting financial solutions, it is increasingly more difficult to get the results you want when you need them. You need every tool, every amount of leverage possible! The Forensic Loan Audit is that tool!

David Stitt
1-866-666-2269 ext 504
http://www.NewHopeAudits.com
davidstitt@mail.com

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foreclosure process

Everything You Need to Know About Foreclosure

By D. Clark

There myths that surround the foreclosure. These falsities may create panic in a homeowners mind. Therefore it is required that the person must know the truth of this foreclosure. Before discussing the common myths about foreclosure it is required that the person must be first sure on the actual meaning of foreclosure. Foreclosure is referred to as the legal proceeding in which the mortgagee (lender) obtains the courts order in which the mortgagor (borrower) right of redemption of the mortgage property is terminated. This means that even if the borrower is ready to pay back the complete loan amount to the lender along with the interest, the mortgaged property will not be returned back to the borrower. The concept of foreclosure is not as simple as it appears and it involves many complications. Due to these complications there are many myths that are prevalent in the society which might create fear and at the same time it affects the person (either the borrower or the lender) in an adverse manner.

Some of the most common myths surrounding the foreclosure are as follows:

• Myth: Does the bank foreclosure on my house as soon as the debt period expires.
• Truth: No bank or any lender would want to go through the process of foreclosure. The lender always wants his money back along with the interest charged on the loan. Also the process of foreclosure is very lengthy and it might costs extra to the lender. The value of the property may not be equaled to the loan amount and most times is quite less. This means that with the process of foreclosure the lender is bound to lose a huge amount of money. Therefore the option of foreclosure is the last option and often times taken only when all other procedures for the recovery of the loan have failed or the borrower has declared bankruptcy.
• Myth: The lender has threatened to foreclose on a property in Austin, Texas. I cannot stop this Austin foreclosure because I don’t have any money to.
• Truth: This is not true as there are many ways by which the person can stop the foreclosure of the property in Austin. There are many agencies present in Austin that can help stop foreclosure free of charge. Also there are companies that offer bridge loan to help Austin homeowners catch up on their payments and stop the foreclosure of the property. One only needs to approach these agencies and chart out a plan with them. It must also be kept in mind that the interest rates on foreclosure protection loans are normally higher than the normal loans. Therefore, these loans must be taken with caution.
• Myth: I have received a letter from the lender stating that they will foreclose on my mortgage property if I do not pay back the loan in a week. There are no means by which I could avoid foreclosure. This will not only lead to the lost of the my home but will also lead to the negative credit rating.
• Truth:There are many ways by which you can avoid foreclosure. One is to talk to the lender and workout out plan whereby the borrower agrees to pay back the loan amount in the future along with the interest or to pay the loan in installments spread over a time. The lender does not want your home, so most of the time you can come to a mutual agreement with the lender. However, if in any case the negotiation with the lender does not succeed then you can contact a foreclosure consultant and have professional negotiate with the lender for you.
• Myth: I am behind on my mortgage payment. This will lead to foreclosure of the property.
• Truth: Yes, it is true that if you fall behind on your mortgage payment the foreclosure proceedings will began. But not all cases result in foreclosure. This means that even you can be a part of the exception. First, you must try your best to pay the mortgage payments on time. However, if you lag behind in the payments then don’t hesitate to talk call your lender and work out new payment schedule. For the most part the lender will agree to the new payment schedule but also you will have to be careful that the interest rates might also be revised and new higher rates proposed. However, if in any case this also does not work out than contact a foreclosure agency for advice and assistance.
• Myth: After I have received an Austin foreclosure notice is it necessary that I should leave my house.
• Truth: Most of the states have very strong policies on foreclosure of the house. In Texas, you have 21 days after you receive the notice to attempt to resolve the issue or the house will be sold at auction. Other states foreclosure preceding may not be as quick therefore the homeowner may have more time to save the house by paying the remaining amount or if this is not possible than he can even arrange an alternative place to live. However, if the final notice of foreclosure is been received by the borrower, then he is entitled to physically move out of the house or work out it with lender.
• Myth: Is it true that after a person has gone through the foreclosure then she might find it difficult to acquire a new home loan.
• Truth:Yes, this is true that getting a loan after a foreclosure would be difficult but not completely impossible. This is because foreclosure is considered to be the worst thing that could appear on the credit report. Therefore, a person might find that many banks are reluctant to grant a loan after foreclosure. However, there are a few banks that will grant loan a person after foreclosure. In this case the person must be ready to pay a very large down payment and even the interest rates on the loan would be quite high. Also the norms and conditions on the loan are very strict. However, if the foreclosure was after 4 to 7 years then it might not be much of a problem for the person to find a lender.
• Myth: If I declare myself as bankrupt I can protect myself from foreclosure.
• Truth: This is true but only on temporary basis. This means that filing bankruptcy under chapter 7 cannot be marked as a permanent end to the foreclosure. If you fail to meet the requirements and terms of the bankruptcy you will find yourself right back in foreclosure. Therefore you will need to take some more steps to avoid foreclosure in the long run.
• Myth: My property is of no use to me and I do not mind if the property is foreclosed by the lender. I will not have to pay anymore payments and I will not be liable for any outstanding debt from the lender.
• Truth: As mentioned earlier it is clear that if a person has a foreclosure on their credit history then it is the worst situation that you can have. Therefore, even if the property is of no use to you it is necessary for you to make all the efforts possible to save the property from being foreclosed on by the bank. If you want to have a good credit history it is helpful for you in the long run to try to not have a foreclosure on you record. Also keep in mind that if the foreclosed property is auctioned for a lesser amount than the outstanding loan amount then you are liable to pay the lender the remaining amount of the loan. The lender can even charge interest on the outstanding amount.
• Myth:During the foreclosure process or even after the foreclosure of the property is it true that the lender can send me jail if I don’t pay.
• Truth: No, this is not true in any circumstances. The lender cannot threaten send you to jail you for non-payment of the loan amount. However, the lender has all the rights to move you out of the foreclosed house. Therefore if you are threatened with jail by the lender then you can file a formal complaint. I suggest you consult an attorney to discuss your options.

Apart from the above mentioned myths there are several other myths prevalent in the society. Therefore it is necessary for the lender to approach an expert on this matter and seek his clarification.

You can go to our website at TroubledHomeowner.com to learn more facts about foreclosure and how you can stop the bank from foreclosing on your home. You’ll also find much more helpful articles, guides and educational videos about the foreclosure process. Troubled Homeowner has foreclosure consultants that are available to assist you with you any and all problems that you have with your home.

Dwayne Clark is a Chairman of the Board of The Troubled Homeowner Organization. Dwayne helps homeowners in the Austin,Texas area overcome difficult situations that may arise during home ownership. Dwayne believes in the sharing of knowledge and information. You will be able to find several articles, guides and videos that will help homeowners on the website http://www.TroubledHomeowner.com

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