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Copyright© 2010 CALIFORNIA ASSOCIATION OF REALTORS® (CAR). The information contained herein is believed to be accurate as of May 24, 2010. It is intended to provide general answers to general questions and is not intended as a substitute for individual legal advice. Advice in speclfic
situations may differ depending upon a wide variety of factors. Therefore, readers with specific legal questions should seek the advice of an attorney.
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FROM YOUR REALTOR® JOHN HYATT
Facing the prospect of foreclosure can be overwhelming, but less so if you know your other options. Homeowners
with distressed loans often ignore their alternatives to foreclosure until it's too late. Don't make that mistake. Consider
your other options right away. The more time you have before you ultimately lose your home through foreclosure, the
more viable your other options may be. Things may seem bleak, but now is not the time to falter. Knowledge and
determination will give you the resolve you need to overcome the financial challenges you face.
WHAT IS FORECLOSURE? Foreclosure is the legal process for a mortgage lender to sell
property to satisfy a defaulting borrower's debt secured by that property. Foreclosure can take
quite a toll on homeowners, both emotionally and financially. Depending on your circumstances,
foreclosure may force you and your family out of your home, damage your credit, increase your
tax liability. and expose you to other personal liability.
Consider These Alternatives to Foreclosure:
1. Loan Workout: If you experience difficulty paying your mortgage, you should immediately contact your lender or a
housing counselor to try to work something out. If you just need a little time to get back on your feet, your lender may
agree to a loan workout plan to temporarily reduce or suspend your payments, allow you to repay what's past due in
monthly installments, or provide some other type of relief.
2. Loan Modification: Even if your financial difficulties are severe and long term, you should contact your lender or a
housing counselor to try to work something out. Your lender may agree to a loan modification to permanently change one
or more of your loan terms. A loan modification may involve a reduction of your interest rate, an extension of your loan
term to 40 years, a reduction in your loan balance, or other changes to the terms of your loan to make your mortgage
payments more affordable. Your lender may participate in the government-subsidized Home Affordable Modification
program which gives monetary incentives to both lenders and borrowers for modifying certain distressed loans. For more
information about the Making Home Affordable program, go to http:/lmakingbomeaffordable.gov
CONTACT A HOUSING COUNSELOR: For assistance with foreclosure avoidance, you may
contact a qualified housing counselor. A housing counselor may discuss your situation with you
as well as interface with your lender on your behalf. A list of housing counseling agencies
approved by the U.S. Department of Housing and Urban Development (HUD) is available at
http://www.hud.gov/offices/hsg/sfh/hcc/fc/.
3. Short Sale: Another way to handle a distressed loan is to sell your property. Selling, however, may be challenging if
you're "upside down", which means your unpaid balance is more than your sales price. Even so, your lender may
voluntarily agree to a short sale by accepting a loan payoff of less than what's owed. As with foreclosure, a short sale may
affect your credit. tax liability, personal liability, and pose other consequences. With a short sale, however, you can avoid
what some people perceive as a stigma of foreclosure. Doing a short sale also allows you to take a proactive approach to
dealing with your distressed loan, rather than go through what can be an agonizing wait for the foreclosure process to run
its course. For more information, contact your REAL TOR® to get a better idea of your property's current market value and
to find out about listing and selling your property.
4. Refinance: If you cannot do a loan workout or loan modification with your existing lender, you may still be able to
refinance your loan with your lender or another lender. Although low FICO scores, low appraisalS, and the lack of income
are common obstacles to refinancing distressed loans, whether you qualify for a refinance depends on your individual
circumstances. You may also be eligible for federal assistance through the Home Affordable Refinance program for up to
125% of the property's value if you currently have a Fannie Mae or Freddie Mac loan, or the Hope for Homeowner
program for a FHA-insured fixed-rate refinance up to 96.5% of the property's value, but other terms apply.
5. Oeed-in-Lieu of Foreclosure: A deed-in-lieu of foreclosure is a voluntary agreement between a borrower and
lender for the borrower to give title to a property to the lender in full satisfaction of the loan secured by that property. Your
lender may look favorably at a deed-in-lieu of foreclosure because it will not have to spend time and money pursuing
, foreclosure.
6. Bankruptcy: Bankruptcy is a federal court proceeding for settling your debts with your creditors under a judge's
supervision. If you face foreclosure, the filing of a bankruptcy case may provide an "automatic stay" to temporarily stop
the foreclosure proceedings. If, however, you file for liquidation under Chapter 7 of the Bankruptcy Code, the court may, in
time, lift the automatic stay to allow the mortgage lender to resume its foreclosure proceedings. Alternatively, if you file
under Chapter 13, you may be able to keep your property, but you must generally repay the overdue amount in a
three-to-five year plan along with your regular mortgage payments. For more information on bankruptcy, you may go to
http://www uscourts govlbankruptcycourts/bankruptcybasics html.
7. Other Alternatives: There are many other alternative to foreclosure. You may be able to borrow money from
family or friends. You may be able to supplement your income by renting out a bedroom or getting a second job. You may
have a struggling small business that qualifies for an interest-free, deferred-payment America's Recovery Capital (ARC)
loan up to $35,000 from the U.S. Small Business Administration. If your lender fails to follow proper foreclosure
procedures, you may be able to file an injunction to stop the process. If you have legitimate discrepancies in your loan
documents, you may be able to sue your lender. You may also be able to come up with some other alternatives to
foreclosure not mentioned here. For any of these alternatives to foreclosure, carefully consider their pros and cons,
including possible credit, tax, legal, and other consequences.
Sellers underwater that need short sales info and free and current foreclosure information on properties CLICK HERE
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Tools,for,Short,Sales,and,Buyers,looking,for,deals
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