Foreclosure – What it Really Means for Knoxville Homeowners & How to Avoid It

by David on May 21, 2010

9 Ways Homeowners are Avoiding Foreclosure

  • Reinstatement: Bring the loan current
    • If reason for distress was temporary and resolved
    • Can be done up to day of bank sale
    • You must be able to pay all the payments and late fees due and your mortgage will remain the same
  • Forbearance: Temporary re-payment plan
    • If reason for distress was temporary and resolved
    • Requires lender approval
    • You may be allowed to make your back payments over time
    • Normally does not fully reinstate mortgage until plan is completed
  • Refinance: New loan with reduction in monthly payments
    • If you have sufficient equity and strong enough credit score
    • Typically a short term solution since your payments almost always go up
  • Loan Modification: Modify original loan terms
    • Requires lender cooperation
    • Modifies loan and often reduces payment
    • You will have to qualify with financial information most of the time like a full doc loan
    • You must have verifiable means of income.
    • You should be certain you can afford the modified mortgage payment.
    • You can pursue a mortgage modification and prepare for a short sale simultaneously.
    • See: MakingHomeAffordable.gov
  • Sell the Property: Use equity to payoff or pay difference
    • If you have equity, can sell and cure foreclosure
    • Many sellers believe they have less time than they actually do
  • Rent the Property: Must make loan current
    • Can your property rent for the mortgage amount or more?
    • In many cases rent does not cover full expense of property ownership
    • Also need to factor in insurance and taxes
  • Short Sale: Negotiate with bank to accept sale under loan amount
    • A short sale can be negotiated if the homeowner has:
    • Financial Hardship
    • Monthly Shortfall on Financial Worksheet (or pending shortfall)
    • Does not have significant assets to assist in paying down the mortgage
    • A homeowner is ‘short’ when:
    • When a borrower owes an amount on his property that when combined with closing costs and commission is higher than current market value.
    • A short sale occurs when:
    • A negotiation is entered into with the homeowner’s mortgage company or companies to accept less than the full balance of the loan at closing.  A buyer closes on the property and the property is ‘sold short’.
  • Deed in Lieu of Foreclosure: “Friendly” Foreclosure
    • Sign deed over to bank rather than go through foreclosure process
    • May still be reported as a foreclosure
    • Typically only works with one mortgage
  • Bankruptcy: Will stall a foreclosure and if payments are lowered to where property can be afforded may save property
    • Very difficult to sell property once in the process, requires trustee cooperation
    • Will only stall a foreclosure – will not eliminate mortgage

If you are experiencing a pending, temporary or permanent hardship in paying your mortgage, there are a number of alternatives to foreclosure that may help you save your home and your credit. Email David Hamilton or call today for a confidential no obligation consultation.

David Hamilton
Ferguson Realtors
865-224-6631 Cell
865-690-1300 Office
800-747-0713 Toll-Free

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