10 Ways to Avoid Foreclosure
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- Special Forbearance
- The Special Forbearance is a written agreement between the Lender
and Unemployed Borrower that consists of a plan enabling the Borrower to
make a partial payment during their search for employment; not to exceed
12 months delinquent Principal, Interest, Taxes and Insurance.
- Loan
Modification - This option provides for either a permanent change in
one or more of the terms of a Borrower’s loan, which allows a loan to
be reinstated and results in a payment the Borrower can afford.
- Partial Claim-
Under this option, the Lender will advance funds on behalf of a Borrower
in an amount necessary to reinstate a delinquent loan. A Subordinate
Mortgage and Note, in the amount of the advance, is prepared in the name
of the Secretary of HUD.
- HAMP-Home
Affordable Modification - The Making Home Affordable Modification
Program is designed to help Borrowers retain their homes and to prevent
the destructive impact of foreclosures on families and communities.
FHA-HAMP is a permanent addition to HUD’s Loss Mitigation Program.
Depending on the default status, the trial payment plan must be for a
minimum of 3-4 months. This option may now consist of a loan
mod and or partial claim.
- DIL/CFK-Deed in
lieu of Foreclosure/Cash for keys - The Deed in Lieu of Foreclosure
allows a Borrower to voluntarily sign the house back over to the Lender.
A Deed in Lieu of Foreclosure cannot be accepted from a Borrower who can
financially afford to make their mortgage payments. The lender can
pay, not to exceed $2000 compensation to the borrower. The money is
not paid until the borrower has vacated the property.
- HAFA (Home
Affordable Foreclosure Alternatives) Pre-foreclosure Sale Program -The
Pre-Foreclosure Sale Program allows a Borrower in default to sell his or
her home and use the sales proceeds to satisfy the mortgage debt, even if
the proceeds are less than the amount owed. Outright sale of
mortgaged property to a third party and must be an “arm- length”
transaction. Outstanding indebtedness includes; unpaid principle
balance + delinquent interest+ partial claim (if applicable). HUD
will pay up to $1000 incentive to the Borrower if closed within 90 days
from the date of application; thereafter, the incentive is reduced to $750.
- Short Sale -
A short sale work-out is when the borrower and lender come to an agreement
where the lender will allow the homeowner to sale the property for less
than what it costs to satisfy the mortgage lien, outstanding interest and
principal payments, fees and costs in full. Though the purchase
agreement will be between the borrower and home buyer, the bank must fully
accept and approve the offer. If there are subordinate liens on the
property, that lien holder will also have to agree to the short sale,
taking a small portion of what is actually owed.
- Traditional
Sale - If the property is not negative in equity (determined by
BPO/Appraisal/CMA) the Borrower can market the property with a real estate
agent and once an offer is received that will satisfy the mortgage lien in
full as well as outstanding principal, interest, fees and cost, the
parties can close the deal. Bank approval is not required for this
option.
- Rent the
Property - If the Mortgage payments are not too far behind and there
is no clause in the mortgage preventing it, homeowners may rent the
property out and hold it indefinitely.
- Reinstate -
By paying all outstanding indebtedness; unpaid principal balance,
delinquent interest…fees and cost, foreclosure can be avoided and
stopped immediately.
Guide to Loss mitigation options:
- Special Forbearance
- The Special Forbearance is a written agreement between the Lender
and Unemployed Borrower that consists of a plan enabling the Borrower to
make a partial payment during their search for employment; not to exceed
12 months delinquent Principal, Interest, Taxes and Insurance.
It may be best if your Realtor doesn't specialize in Durham lol
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