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Bankruptcy resources for the real estate owner

The new bankruptcy laws and how they affect you.

Options to consider in the foreclosure process. What you need to know.

Foreclosure is the legal process that allows a lien holder on you property to regain ownership to a certain property in the case of default. If for any reason, the homeowner’s mortgage payments are in default, then from the security interest that was given to the lender, the home can be auctioned . The money from this auction will be used to repay the lender for their investment. In the event that the auction does not produce enough funds to make the lender whole then the homeowner could have a deficiency judgment held against them.

There are several reasons that someone would face financial distress; strained personal relationships, bad money management or some other major event which shook up one’s financial plans. One of the more common reasons for stress is overspending or acquisition of debt, leaving many people finding themselves in financial trouble.

No matter the reason, when facing a foreclosure you need to make some quick decisions. Even though a foreclosure might sound like a painless solution to the big problem, a foreclosure and a potential deficiency judgment can make getting credit very difficult after they have occurred.

There are a few options to consider before foreclosure becomes imminent. Look carefully at your financial situation. Are your financial problems long term or are you in the midst of a short term financial setback? If you are facing a temporary financial problem, then it is possible to prevent foreclosure until you are in control of your finances again. Some options to consider.

Borrow from a private party

If you are facing a serious financial problem, it’s natural to seek help from those that are closest to you. Borrowing from a close relative or friend might be a solution to you problem. If you do borrow try to be realistic about how long it will take to pay them back.

Negotiate with your lender

Lender rent money, not homes. Call your lender and discuss your options if you are not able to make your mortgage payments. The fact is that lenders make their money processing and collecting payments. The foreclosure of your home is not something they would want either!

You need to communicate to your lender a clear and concise plan and how long it is going to take you to get back on your feet. You can ask for a suspension of your payments or a reduction in your payments for a few months till you are able to make your resume normal payments again. No matter what alternative you pursue, you need to communicate with you lender as soon as it appears that you will not be able to make your payments.

Refinance your loan

While financing is getting more difficult to obtain, refinancing your existing loan might be another alternative if you haven’t damaged your credit to this point. By researching about how you can refinance your debt at a lower interest rate, you might be able to work out your financial problems. It is a good idea to employ the help of a mortgage professional with access to numerous lenders that may better serve your circumstances.

Selling your home

The last choice in avoiding foreclosure is to sell your home. Consult with a real estate professional to get the home on the market as soon as possible with a realistic price. Be careful of potential scams. If you are uncomfortable with the buyers demands, check for any complaints against the potential buyer of your home. This information can be found at your state’s Attorney General, the Real Estate Commission, or the local District Attorney's Consumer Fraud Unit.

 

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