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Archive for January, 2010
Loan Modifications: Things You Must Know
Posted by: | CommentsFind a list of loan modification do’s and don’ts to help you avoid common pitfalls.
Know your rights.
More than 80% of mortgage contracts violate one or more lending laws-and most of them go unnoticed. They can give you the leverage you need to negotiate with your lender and stop foreclosure. Your loan modification attorney can help you understand your rights and use them to get the results you want.
Don’t wait too long.
The foreclosure process is designed so that you have time to get back on your feet and save your home. But that doesn’t mean it’s safe to procrastinate. The longer you wait, the harder it gets to get you out of that fix. As soon as you decide you need mortgage help, call for a loan modification help and get started.
Work with your lawyer.
Your Home Loan Modification doesn’t rest in the hands of your lender, your broker, or your loan modification attorney. These people can help, but you have to do your part and cooperate with your lawyer. Make sure to submit your paperwork on time, answer questions honestly, and give them a clear picture of your financial situation.
Don’t file for bankruptcy, unless you really have to.
Contrary to popular belief filing for bankrupcy doesn’t always stop forelcsure. But data from the American Bar Association shows that it doesn’t work that way. In fact, 96% of the people who file bankruptcy end up losing their homes anyway-so they’re left with a foreclosure AND a bankruptcy on their records. In some cases, bankruptcy is still a viable option, but don’t make any decisions without getting professional advice.
Get a backup plan.
Unfortunately everyone wont qualify for a mortgage loan modification. Maybe you’ve fallen too far behind, your lender may be simply hard to work with, or maybe you don’t need it after all. In any case, it’s always good to have a Plan B. Your mortgage modification attorney can help you find the best solution.
Talk to your lawyer about a short sales if you can’t get your mortgage modified. This involves selling your home for less than its fair market value and giving the proceeds to your lender. Although you still lose your home, it’s not as damaging to your credit as foreclosure, so it’s easier to get back on your feet.
Information about Loan Modification can be found by contacting a Loan Modification Consultant or call (888) 730-8881 now.
Saving property from foreclosure
Posted by: | CommentsSan Diego Foreclosures For Sale
Legal foreclosure is the process in which a bank or other creditor takes over the borrower’s property in lieu of the debt they have to pay, using legal means. A foreclosure step is normally taken by the creditor only when the borrower has not paid the loan dues for a very long period. There are two types of foreclosures – strict foreclosure and foreclosure by sale.
When a debtor defaults on his loan due, that is fails to pay the debt, a default foreclosure case arises. In this case, the plaintiff is the bank or creditor while the defendant could be the borrower or borrowers. The plaintiff issues a summons on the debtor applying for foreclosure. The defendant can file an appearance within two days of the Return Date of the summons and file and send an answer to all the concerned parties in the case, before fifteen days of the return date. If the defendant is eligible for protection under unemployment or underemployment head, then protection from foreclosure can be sought.
It is possible to save home from foreclosure by following a few important steps. The first step is to ask for more time from lenders. Creditors are usually willing to wait for the loans to be paid off before plunging into foreclosure – this is known as forbearance. It is also rarely possible to get forgiveness on the debt, in special cases. Banks and other creditors usually are ready to work out a repayment schedule with the debtor (which the debtor can satisfy given his or her current financial position). It then becomes the responsibility of the borrower to stick to the modified repayment plan.
Creditors are also agreeable to modifying the loan terms like decreasing interest rates, waiving some fines for late payment or other types of defaulting etc. Rearranging the loan terms may help the debtor substantially enough to get back in track. Selling the home or property is another option to prevent foreclosure. By getting an idea about the market value for the home from real estate agents, it is possible to sell the property for a good price. By resorting to this step, the loan can be paid off and the home owner is likely to have a considerable amount left over from the sale. During foreclosure, the property may not always fetch the best price as the creditor is only interested in getting their debts paid off.
Another possible way is called pre-foreclosure redeemed. This happens when the home’s worth is less than the pending debt – the lender might be willing to agree to a short sale of the property to pay off at least part of the debt. From the borrower’s point of view, this is better because a short sale has a lesser impact on credit compared to a foreclosure. Deed-in-lieu of foreclosure is another method to avoid actual foreclosure. This is also known as deeding the property back to the lender where the debtor gives the creditor a notarized deed and the creditor forgives the mortgage dues and cancels the foreclosure.
Mike Greaves is a self-made entrepreneur, a well known travel consultant and internet marketer. Over the years he has traveled across the world and has numerous writings credited to his name in many renowned publications. His areas of writing include travel experiences including reviews of paris luxury hotels and he has also gained expertise in the area of default foreclosure, protection foreclosure and foreclosure steps.
How to handle foreclosure?
Posted by: | CommentsSan Diego Foreclosures For Sale
Foreclosure is a legal process in which a lender like a bank or mortgage company attempts to take over the debtor’s property to satisfy an unpaid debt if the property has been kept as a collateral security for securing the debt. The lender may claim ownership of the property or sell the property to pay off the pending debt.
There are two ways in which a foreclosure can happen. In the case of a Strict foreclosure the judge sets a specific period called “law days” after which the property owner looses all rights over the property. The number of law days can vary from three weeks to nine months. This period can be used by the property owner for clearing the debt so that the foreclosure can be avoided. If the owner fails to clear the debt, then the next person who is listed as a defendant gets the chance to redeem the debt and take ownership of the property. If none of the defendants clears the debt by the law days set for them, then the bank or company foreclosing is entitled to the property.
In case of a foreclosure by sale, the judge sets a sale date. On that date, a “committee for sale” appointed by the court can auction off the property to the highest bidder. This committee is given all the powers to carry out such an auction by the court of law. The auction money is first used to cover auction expenses. From the remaining amount the lender or lenders are paid off and if anything is still left, it goes to the property owner.
The foreclosure steps broadly involve receiving the summons which is issued by the plaintiff – which could be a bank or mortgage company – to the defendant – property owner/ borrower. Within two days of the Return Date mentioned in the summons, the defendant has to file an Appearance. Then within fifteen days of the return date, the defendant has to file an answer. This answer has to be sent to all the parties concerned in the case. A signed certificate of service has to be attached. If a foreclosure by sale is desired, a motion for foreclosure by sale has to be filed. And before twenty five days of the return date, the defendant can apply to the court for protection foreclosure. The defendant in such a case has to satisfy the eligibility criteria for protection from foreclosure like being unemployed or underemployed.
Subprime foreclosure is similar to any other foreclosure. It is a foreclosure against subprime lending which involves lending at an increased credit risk. This means subprime lending is given to borrowers who are high risk that is who have a high likelihood of not paying their loans. Typically, borrowers are given enough time – longer than the agreed period – to pay off debts. Only when the period exceeds several months do the lenders decide to foreclose. This is because foreclosure is a long drawn process in general and banks and other creditors try to avoid it as much as possible.
Mike Greaves is a self-made entrepreneur, a well known travel consultant and internet marketer. Over the years he has traveled across the world and has numerous writings credited to his name in many renowned publications. His areas of writing include travel experiences including reviews of paris luxury hotels and he has also gained expertise in the area of subprime foreclosure, default foreclosure and protection foreclosure.