Foreclosure: Know Your Options
ByThere are few things more stressful than finding out that you’re about to lose your house. Cash flow is tight, bill collectors are blowing up your phone, unhappy family members might be pointing fingers, and you’re in enough hot water without having to find a new place to live, too. All you can think about is making the problem go away.
Maybe you already have an idea of what might happen in foreclosure, especially if you know someone who has already been there. Most people don’t realize they have more options than to stay or leave. Moving away might be a temporary solution, but there’s more to it than just giving the house back to the bank. How will the foreclosure affect your credit? Will you even be able to buy a car after this is over?
No matter whether you’re the homeowner or someone who works with homeowners in foreclosure, you should be aware of all the options in this situation. If you’re the homeowner, it is best to understand everything you can about the foreclosure process. If you’re someone who works with homeowners, it’s your job to help that homeowner understand their options during this difficult time. It helps if everyone has a realistic view of what could happen and why.
Two of the options have been covered frequently in the media lately: deed-in-lieu and loan modifications.
When homeowners agree to a deed-in-lieu, they voluntarily give up their home. The bank is spared the time and cost of going through with the foreclosure, but the homeowner’s credit is damaged just the same.
What about loan modifications? The government’s Home Affordable Modification Program (HAMP) promotes mortgage loan modifications as being a viable way to deal with the foreclosure crisis. Yet the current rate of success for those loans to go from trial to permanent modification is 4 percent. Using California as an example, roughly 140,000 trial loans have entered into the modification process; however, only 5,600 loans will be modified based on their current success rate (4 percent). California filed over 450,000 notices of default for 2009. Those being helped are few and far between given the current numbers.
There are four more successful options.
1) Live in the house until eviction, and let the bankruptcy system hold off the foreclosure until the auction date. It won’t make the foreclosure go away, but it will help the homeowner save money temporarily.
2) List the house for the amount of the debt and hope someone comes along who loves the house so much that they will pay your asking price before the auction date. You can dream all you want, but the odds are that nobody will pay more than the house is worth, and you’ll end up going back to option one.
3) The homeowner can list the property with a real estate agent who is willing to wait out the short sale process and encourage buyers to do the same in order to get a discount on the property. The buyer may get a great deal on the house, and the real estate agent may still get credit for the sale, but it doesn’t always work that way.
The agent can run into a roadblock when the buyer says they need a home right away. Most short sales can’t be completed in less than 60 days.
If the real estate agent or the seller isn’t familiar with negotiating a short sale, other problems can arise during the negotiation process. Banks have entire loss mitigation departments staffed with people who are trained in collecting mortgage debt, and they have no problem taking advantage of homeowners who don’t understand the system.
I’ll give you an example. Did you know that deficiency judgments and post-sale promissory notes can be avoided in some cases? You can know the basics of how the process is supposed to work, but shouldn’t you learn how to work the process? Wouldn’t that alone be worth it?
4) The fourth option is to put the home up for sale with a real estate agent who is willing to work with an investor as the buyer. A well-educated investor would use the right contracts and the lender’s forms to obtain approval for a short sale while still guaranteeing the real estate agent’s commission. The investor would then own the house to keep, rent, or sell, and the homeowners could move on with their lives.
Why should the homeowner work with an independent short sale investor? People who negotiate short sales every day know the best ways to get the best deal for the homeowner. For instance, the BPO process is more than just having an appraiser stop by. An experienced investor will know how to handle the situation to the homeowner’s benefit.
Every real estate agent who works with homeowners who are threatened with foreclosure should know these four options. Homeowners can file bankruptcy and stay until the auction, sell the property for the amount due on the mortgage, ask the lender to approve a short sale and hope a buyer will wait for that to happen with them, or apply for a short sale with an investor waiting to become the buyer.
My partners at Strategic Real Estate Coach specialize in educating people about short sale solutions for homeowners in trouble. We offer a free Silver Membership in the coaching program, and the benefits include several reports to help you learn everything you need to succeed!
To get more in-depth coverage of the legal issues you might face, take a look at the blog on topshortsalelawyer.com. Attorney Jeff Watson is great at explaining the issues for short sale investors.
When you help people learn the truth about foreclosure and how to avoid it, you give them a chance to overcome one of the most difficult times in their lives. Educate each homeowner about their options, and watch them turn a bad situation into a fresh start.
Need to know more about foreclosure options? Get free information from our real estate coaching website! You can get a unique content version of this article from the Uber Article Directory.
