The current U.S.
housing market and national financial crisis has caused untold stress and
heartache for many American families. Foreclosure is one of the most
devastating financial challenges that a family can face and one that many times
can be avoided. The options available to Winter Springs-area residents for
foreclosure are many. Following is a brief explanation of these solutions,
including their benefits and drawbacks:
Reinstatement
A reinstatement is the simplest solution for a foreclosure, however it is often
the most difficult. The homeowner simply requests the total amount owed to the
mortgage company to date and pays it. This solution does not require the
lender's approval and will 'reinstate' a mortgage up to the day before the
final foreclosure sale.
- Benefit: Does not
require the mortgage company or lender's approval.
- Drawback: Requires
that a homeowner be able to pay all back payments, fines and fees.
Forbearance or Repayment Plan
A forbearance or repayment plan involves the homeowner negotiating with the
mortgage company to allow them to repay back payments over a period of time.
The homeowner typically makes their current mortgage payment in addition to a
portion of the back payments they owe.
- Benefit: Allows the
homeowner to make back payments over time.
- Drawback: Requires
that a homeowner be in a financial position to pay not only their current
mortgage, but also a portion of the back payments owed. Some mortgage
companies will require a homeowner to 'qualify' for forbearance.
Mortgage Modification
A mortgage modification involves the reduction of one of the following: the
interest rate on the loan, the principal balance of the loan, the term of the
loan, or any combination of these. These typically result in a lower payment to
the homeowner and a more affordable mortgage.
- Benefit: Reduces the
payment a homeowner is required to make on a monthly basis and may reduce
the principal balance of the loan
- Drawback: Requires
that a homeowner 'qualify' for the new payment and will often require full
documentation. Lender has to be actively pursuing modifications.
Rent the Property
A homeowner who has a mortgage payment low enough that market rent will allow
it to be paid, is able to convert their property to a rental and use the rental
income to pay the mortgage.
- Benefit: Allows
homeowner to keep property indefinitely.
- Drawback: The issues
that can arise with a rental property are many, and rent often does not
cover the full cost of property ownership and maintenance.
Deed in Lieu of Foreclosure
Also known as a 'friendly foreclosure', a deed in lieu allows the homeowner to
return the property to the lender rather than go through the foreclosure
process. Lender approval is required for this option, and the homeowner must
also vacate the property.
- Benefit: Many times in
a successful deed in lieu, the lender will forego their right to a
deficiency judgment.
- Drawback: Requires
that a homeowner vacate the property, and a deed in lieu may be reported
to credit bureaus as a foreclosure.
Bankruptcy
Many have considered and marketed bankruptcy as a 'foreclosure solution,' but
this is only true in some states and situations. If the homeowner has
non-mortgage debts that cause a shortfall of paying their mortgage payments and
a personal bankruptcy will eliminate these debts, this may be a viable
solution.
- Benefit: Does not
require lender approval.
- Drawback: If a
homeowner cannot afford their mortgage payment, a bankruptcy will only
stall—not stop—the foreclosure process. Bankruptcy can be costly, is
damaging to credit scores, and can only be declared once every seven
years.
Refinance
If a homeowner has sufficient equity in their property and their credit is
still in good standing, they may be able to refinance their mortgage.
- Benefit: In some
cases, this will lower payments.
- Drawback: In today's
market, a refinance will almost always raise mortgage payments, and is an
expensive process.
Servicemembers Civil Relief Act (military personnel only)
If a member of the military is experiencing financial distress due to
deployment, and that person can show that their debt was entered into prior to
deployment, they may qualify for relief under the Servicemembers Civil Relief
Act. The American Bar Association has a network of attorneys that will work
with servicemembers in relation to qualifying for this relief.
- Benefit: If qualified,
this will lower payments on all consumer debt in addition to mortgage
payments.
- Drawback: Must be
active military to qualify.
Sell the Property
Homeowners with sufficient equity can list their property with a qualified
agent that understands the foreclosure process in their area.
- Benefit: Allows
homeowner to avoid foreclosure and harvest some of their equity.
- Drawback: In many
cases today, homeowners do not have sufficient equity to sell their
property without negotiating a short sale (see next solution).
Short Sale
If a homeowner owes more on their property than it is currently worth, then
they can hire a qualified real estate agent to market and sell their property
through the negotiation of a short sale with their lender. This typically
requires the property to be on the market and the homeowner must have a
financial hardship to qualify. Hardship can be simply defined as a material
change in the financial stability of the homeowner between the date of the home
purchase and the date of the short sale negotiation. Acceptable hardships
include but are not limited to: mortgage payment increase, job loss, divorce,
excessive debt, forced or unplanned relocation, and more.
- Benefit: A short sale
allows the homeowner to avoid foreclosure and salvage some of their credit
rating. This also keeps foreclosure off the individual's public record,
and in many cases will allow the homeowner to avoid a deficiency judgment.
Borrower may qualify for another mortgage in as little as 24 months (as
opposed to five years for a foreclosure).
- Drawback: Short sales
can be a trying process in which a homeowner is best served by contracting
with a qualified real estate agent to guide the way.
This represents only a summary of some of the solutions available to
homeowners facing foreclosure. Please call me today for a free confidential
evaluation of your individual situation, property value, and possible options.
Lynda Boyle
407-782-8965