Foreclosure is the legal procedure by which a local government takes ownership to a certain property. A popular option for home buyers is to take out a home loan and give the lender a security interest in the property that is to be bought. If, for any reason, the home buyer's mortgage payments are not made in time, then from the security interest that was given to the lender, the home can be auctioned, i.e.: foreclosed . The money from this auction will be used to compensate the investments. In the event that the foreclosure of the home is not able to recover the money that is remaining, the home buyer could have a deficiency
judgment held against them.
Can Filing Bankruptcy Stop Foreclosure?
Keeping all this in mind, someone who is faced with the possibility of foreclosure should acknowledge that they have too much debt. There are many reasons for someone losing control over their financial stability, be it an outcome of personal relationships, a consequence of bad money management or some other major event which shook up one’s financial plans. Overspending is a common reason for many people suddenly finding themselves in financial trouble.
No matter what the reason for not being able to pay off the outstanding amount, once foreclosure is around the corner, it would be necessary to make some major decisions. Even though sometimes foreclosure might sound like a quick solution to the big problem of excess debt, both foreclosure and deficiency judgment can cast a very negative light on any later attempts at applying for credit.
Ask Yourself a Few Serious Questions:
As overwhelming a process as foreclosure is, with some planning and luck it can be steered clear of. There are a few options that you can look into before foreclosure becomes unavoidable. It is first necessary to understand the seriousness of your financial instability. Is this a short term financial setback? Or are these mortgage payments something you would not be able to handle at all? If you are facing a temporary financial problem, then it is possible to ward of the foreclosure till you are in control of your finances again. Once these questions have been honestly answered, you can explore the practical options that you have before deciding if foreclosure is inevitable.
What Are Your Options?
Borrow From a Close Family Member or Friend:
For someone who is facing financial problem, perhaps the basic instinct is to turn to a trusted loved one for some assistance. Talking to a close relative or friend and explaining your problem to them might solve your problem. If it is possible to borrow some money in order to ward of the foreclosure of your home then you can come up with a realistic timeline for paying back their money. Be honest about your situation and about how long it would take to pay them back. They need to be sure that they are making the right decision by helping you.
Talk to Your Lender About Possible Alternatives:
It might comes as quite a surprise to many that lenders will be willing to listen to why you are not able to make your contracted mortgage payments. The fact is that lenders make their money from your principle and interest payments. The foreclosure of your home is not something they would want either!
Before you contact your lender and explain your problem to them, be sure you have charted out an alternative plan which is both truthful and realistic. You need to communicate to your lender about how long it is going to take you to get back on your feet. You can either ask for your payments to be suspended for some time, while you tidy up your finances. Another alternative is to make reduced payments for a few months till you are able to make your original payments again.
No matter what the alternative, it is essential that both parties clearly understand and agree to the new terms. Be sure that there is a written agreement and all the correspondence pertaining to this new agreement should be kept.
Refinance Your Existing Loan:
Refinancing your existing loan might be another alternative you can opt. By researching about how you can refinance your debt at a lower interest rate, you might be able to work out your financial problems. It is a good idea to employ the help of a mortgage broker who can seek out a better interest rate for you.
Selling the House
Another option to avoid foreclosure is to sell the house. Contacting a competent realtor would be the first step in putting your house on the market as soon as possible with a realistic price. In the event that you need the house to be sold immediately, it might be necessary to drop the price of the house to attract more buyers. Be sure that you check any complaints against the potential buyer of your house. This information can be found at your state’s Attorney General, the Real Estate Commission, or the local District Attorney's Consumer Fraud Unit.
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