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5 Things You Need to Know About the Foreclosure Process

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The foreclosure process can be a scary and emotional process. There are terms being thrown around that you do not understand and paperwork being mailed to you constantly that is just as confusing. The two most important things that you can do right now is get yourself educated and keep the lines of communication open with your bank. Here are five important things that you need to know about the foreclosure process in order to understand how to avoid it.

1. Know when your bank will start the foreclosure process. The best way to find this out is simply to call them and find out what their policies are. When the process will start depends entirely on your bank. Some will start foreclosure proceedings after 90 days of no payments. Some will take longer. Talk to your bank to know when that process will start for sure.

It also depends in large part on your willingness to work with the bank. If they know that you are trying to work with them, they may not even start foreclosure at all. Some banks will work with you to help you figure out the best solution for your specific situation. If you keep them informed of what is going on with you, you have a much better chance of working something out with them.

2. Know how long the foreclosure process will take with your bank. It varies from bank to bank and again, the best way to find out this information is by calling your bank and talking to someone in the foreclosure department. And again, it depends largely on your bank on how quickly this process will move. Some banks will get it done as quickly as 6 months and some will take longer.

3. Know what alternatives you have to foreclosure. There are always ways to avoid foreclosure. What your alternatives are will depend on your situation. This includes things like whether or not the changes to your financial situation are temporary or permanent, if you want to stay in the house or not, how much money you owe on the house and many other factors. Talking to your bank and a foreclosure attorney will help you figure out what your options are and what the best solution is for your situation.

4. Know who you need to be talking with at your bank. This may change during the foreclosure process. If you start working with your bank before your home goes into foreclosure, then you will probably start by dealing with the workout department. If your home goes into foreclosure, your file may get transferred to a foreclosure department. Keep in contact with your bank and make sure that you have the correct contact at all times. Faxing paperwork to the wrong person or repeatedly calling the wrong person ends up wasting your time. And time is one thing that is never on your side during the foreclosure process.

5. Know what the legal paperwork you are getting means. During the foreclosure process, you will paperwork from the mortgage company’s lawyers. If you can, getting a foreclosure attorney so that you understand what the paperwork means is a good idea. If you cannot get a foreclosure attorney, do some research yourself to understand what the paperwork you are getting means. Understanding the paperwork is vital to understanding where exactly you are at in the foreclosure process.

The foreclosure process does not have to be scary and confusing. All you have to do is keep yourself informed and educated about the process. Make sure that you know what is happening every step of the way. For more help on understanding foreclosure, go to http://www.stopping-home-foreclosure.com/ForeclosureProcess.html

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Signing on the Dotted Line: Educate yourself About the Mortgage Process

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Taking out a mortgage loan is a major responsibility, and it is not one that should be entered into lightly. It is important that you take the time before you take out a mortgage to educate yourself about both your specific mortgage and about mortgage loans in general; this will help to make sure that you get the best deal that you can on the loan that you take out and will also ensure that you are going to be able to make your mortgage payments without any problem. While educating yourself about mortgage loans is not as simple as simply looking at interest rates, learning more about your mortgage before you take it out does not have to be difficult or complicated.

The first thing that you should do in order to learn more about the mortgage process is to take the time to learn a few basic definitions. The most important of these are terms such as principal (the amount that you have actually borrowed), APR (annual percentage rate, or the amount of interest that is being charged on your principal), and PITI (the components that are combined to determine your monthly mortgage payment: Principal, Interest, Taxes, and Insurance.)

Other common terms that you may want to know include balloon and interest-only mortgages (two mortgage types where you make smaller payments for five years or less, then pay the outstanding balance due on your mortgage as a single payment) as well as some of the additional costs that may be associated with taking out a mortgage loan. Such fees include application costs, closing costs, and brokerage fees, and in most cases they have to be paid out-of-pocket instead of being included in your monthly mortgage payment. Not every bank or lender charges all of the same fees so be sure to do some comparison shopping.

Once you have a grasp of some of the more common mortgage terminology, you should take the time to read as much as you can about how the mortgage process works in general. There are a number of books and websites that you can use to educate yourself about the mortgage process, detailing how it works from preapproval to making your final mortgage payment. Consulting multiple sources will help to make sure that you do not miss any important details that may be overlooked by a single source, and will also help to eliminate any bias that may be held by one source.

In general, the mortgage process begins with preapproval so that you will know how much you can borrow (which in most cases will only be a portion of the total value of the property being purchased) and will continue through the loan origination, credit checks, closing, and purchase. The property that is purchased will be used as collateral to guarantee the mortgage loan and ensure that the lender gets all of their money, and the lender will have a legal claim to the property (known as a lien) until the mortgage has been repaid in full. Once you have paid all of the money that is owed to the lender, the lien will be released and you will own the purchased property outright.

After learning about mortgage loans in general, it is time to start shopping around for a lender so that you can find the mortgage that will best meet your specific needs. Talk to various banks, mortgage brokers, and other mortgage lenders in your area, discussing the advantages of the loans that each offers and requesting quotes for the interest rates that they will likely charge you. This will give you an idea of how much you are going to have to pay every month on the loan that you eventually take out, and will also help you to get a feel for the various lenders in your area so that you will know which ones will give you the best deal. It is important to educate yourself about the mortgage process in general before you start shopping around for quotes so that you can ask questions about any loan terms that do not seem right as well as explore options that you might not have known were available otherwise.

When you have narrowed down your options to one or two potential lenders take the time to discuss your loan with each in depth so that you can get an idea of exactly what your final mortgage loan will be like. There is a required form called the Good Faith Estimate that your lender is required to provide; this form discloses all the fees and helps to determine both the cash required for closing as well as your final monthly payment. This will let you learn more about the specifics of each lender’s loan products and will help you to choose the mortgage loan that is best for you and your property.

Shawn Thomas is a freelance writer who writes about economic issues and financial products pertaining to the mortgage industry such an adjustable rate mortgage or the lowest mortgage rate.

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Loan Modification Process: Understanding the Key Elements of How to Stop Foreclosure

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The loan modification process can assist homeowners who are at risk of foreclosure to stay in the homes that they love. If you are experiencing temporary financial hardship and have fallen behind on your mortgage payments, then you need to understand the options that are available to you and your family. Talking with a professional foreclosure consultant can help you to understand your rights and to develop a solid action plan to stop your pending foreclosure.

Here are just a few of the topics that you can discuss with your foreclosure consultant:

Developing a feasible plan for loan repayment

You may have experienced a setback recently that has caused your lender to file a Notice of Default against you. It is OK. There is still time to intervene and stop the foreclosure from ever happening. Time is of the essence though. You need to be proactive and get in touch with a foreclosure consultant as soon as possible in order to maximize your potential to successfully stop the foreclosure. You can discuss realistic repayment possibilities and the foreclosure consultant can then approach your lender’s loss mitigation team on your behalf.

A loan from the Federal Housing Authority:

Your foreclosure consultant is an expert at helping you obtain a loan from the FHA to cover the delinquent amount of your mortgage payments and bring your loan current. There will be no interest or payments on this loan from the FHA until your mortgage is refinanced or your home is sold. You must be between 4 and 12 months behind on your mortgage payments in order to receive the FHA loan.

Loan modification:

Your foreclosure consultant will work with your lender to get your loan modified and bring it current. This will involve several aspects including

Partial payment of the amount delinquent;

A letter of hardship explaining your legitimate reasons for falling behind on your mortgage payments;

Relevant financial statements presented to the lender;

Pay check stubs;

W-2;

Tax return form copies;

Banking statements;

and more as required by the lender…

It’s important for you to realize that just because you desire to enter into the loan modification process doesn’t mean that the lender will be willing. You must convince the lender that modifying your loan is in their best interest. It is the goal of the lender to minimize their own losses for the long run – nothing more. It is all just a singular component of the loss mitigation process to them. For that reason, it is also very important to act immediately. The loan modification process is time-consuming and needs to be initiated as promptly as possible in order to maximize your chances to stop your foreclosure.

If you are facing foreclosure and need assistance in dealing with your mortgage lender, there is help available. Just visit us at Stop Foreclosure Help Today and you can be on your way to successfully stopping your pending foreclosure and being able to relax again. We are always here for you.

Igor Mosyak holds the MBA and BS in International Business and Marketing from University of Maryland at College Park. Igor has an extensive knowledge in marketing and advertising from his previous experience and current career in the world of International and Domestic Real Estate activities. Igor Mosyak is founder of www.StopForeclosureHelpToday.com an organization dedicated to helping homeowners facing foreclosure. We offer a wealth of information on the whole foreclosure process and provide visitors of our website with FREE e-Book on “Stopping Foreclosure-Understanding Your Options”.

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Foreclosure Process — Information for Investing in Preforeclosures

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Foreclosure Process – Information for Investing in Pre-Foreclosures

Every state and county has slightly different rules concerning the sale of pre-foreclosures and short sale investing, but there is a basic process that each follows. This foreclosure process takes quite a long time before a property is sold at the sheriff’s auction and even, in some cases, before the homeowners are evicted from the property. Yet, even so it’s still a good chance for real estate investors to pick up properties at a discount along every step of the way.

It Begins with Non-Payment

A lender is often a bank that lends the buyer money based on their job, down payment and credit history to purchase a home. In return the buyer agrees to a home mortgage with that bank to begin paying back the loan. The bank makes money because the loan accrues interest over the lifetime of the mortgage. The buyer becomes a homeowner and everyone is happy. Should the buyer turned homeowner stop paying back the loan through the mortgage, the bank has a safety net in being able to take ownership of the homeowner’s property.

This is called a foreclosure. The foreclosure is initiated by the bank when the homeowner has stopped making payments on the home mortgage. The bank may wait an extended period of time before beginning the foreclosure, allowing anywhere from 3 to 6 months for the homeowner to being making payments on the mortgage again. The bank would prefer not to take a property back in foreclosure. It’s a messy, lengthy process and the loss mitigation officers must consider property the bank owns to be a non-performing asset.

Property Enters Pre-foreclosure

A foreclosure is begun when the bank files a Notice of Default through a trustee with the County Recorder’s Office. This notice lets the county and the homeowners know that the bank is getting ready to foreclosure on their property. In short sale investing the home is now considered to be in pre-foreclosure. The pre-foreclosure period is also known at the reinstatement period in that it allows the homeowner some time to catch up their past due amount on the mortgage and keep their property. This amount of time usually lasts about 3 months.

During pre-foreclosure the trustee appointed by the bank, usually a local attorney, prepares for a foreclosure. The trustee makes every reasonable effort to contact the homeowners and let them know about the upcoming foreclosure. This can be done by posting the Notice of Default on their property, sending it in the mail and also placing it in the classifieds of the local newspapers. The trustee may also call the homeowner to see if they can work out payment arrangements to get the mortgage back on track.

If the mortgage loan isn’t brought up to date in this 3 month period the trustee files a Notice of Sale with the County Recorder’s Office. This Notice of Sale is also posted at the homeowner’s property and placed in the local newspaper classifieds.

Goes to Court

Some states require that the Bank go to court and sue the homeowner for their property as part of the foreclosure process. This process can further lengthen the pre-foreclosure period which is a good thing in short sale investing. The short sale process can be a little lengthy itself, so the more time you have to put together a deal, the better.

The bank’s trustee will have to notify the homeowners of the upcoming court date and ask that they show up. However, many homeowners fail to show up in court to fight for their property. This can be because they are ashamed or afraid. Some don’t know the laws very well and could even be concerned that they’ll be arrested for a bad debt.

If the homeowner presents a good case in court or even if the homeowners just show up and provide their foreclosure information, there is a good chance that the court will provide the homeowners with a few more months to try and catch up their mortgage or make arrangements.

The court may also decide to award the property to the bank, especially if this property has gone to court previously or the homeowner doesn’t even show up to state their case.

Foreclosed Property Up for Sale

After the bank forecloses on the property it goes to the Sheriff’s Auction, also known as a Foreclosure Sale or Trustee Sale. This auction can be anywhere from a few weeks to several months from the time the bank has foreclosed on the property.

There are several different popular methods for holding a Sheriff’s Auction, but the most popular is held right on the courthouse steps. The county clerk auctions of the foreclosures one after the other by property number to the public. The highest bidder wins that property. The opening bid on each property is often equal to the remaining loan balance that the bank is owed, plus interest accrued and any additional fees associated with the Sheriff’s Auction.

At this point, short sale investing is bunk. If you still want that property you’ll need to wear the hat of a foreclosure investor and get right in there with the bidding.

After the Sheriff’s Sale

If no one bids on the foreclosed property it is purchased by the bank’s trustee and becomes a bank owned property. It is called, ‘Real Estate Owned’ or REO at this point and usually sits on the banks portfolio until the bank can get it sold to a post-foreclosure investor.

If an investor bids on the property and wins it they are winning the Trustee’s Deed to the property. They become the owner and can do with the property as they wish.

Sometimes the homeowners may still be living in the property after it is sold at auction. In this case the new owner may wish to work out a rental agreement with the homeowners, or ask the homeowners to leave. If the homeowners refuse then the new owner must evict them.

The owner can file an eviction notice with the country sheriff and usually within a few weeks the sheriff comes out to forcibly evict the former homeowners. However, this happens several months to a year after the bank sent the home into pre-foreclosure. Most homeowners have plenty of time to make other arrangements and have either left or are in the process of leaving when the property is sold at auction.

The foreclosure process is a lengthy one, but it provides lots of time for short sale investing to take place before that sheriff’s auction.

Colin Egbert is CEO & Co-Founder of http://www.realestateinvestor.com/, the online leader for real estate investing education and networking. Additionally, he established http://shortsaleinvesting.org.


Anyways, hope you enjoyed it!

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Glossary of common terms used during the mortgage process.

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APR – This stands for Annual Percentage Rate. It enables you to compare the full cost of the mortgage. Rather than just being an interest rate, it includes up front and ongoing costs of taking out a mortgage. The formula for calculating APR is set by Government Regulations and therefore enables direct comparison of the cost of mortgages.

Capital and Interest Mortgage – This is when part of your monthly payment contributes to paying off the outstanding mortgage in addition to paying the interest on the mortgage. The payments are structured so that at the end of the term, your mortgage will have been completely paid off. For this reason this type of mortgage is also called a Repayment Mortgage.

Capped Rate – This is a mortgage where the lender agrees that the interest charged will never exceed a specific percentage. This deal lasts for a set period of years. After the set period, the rate usually reverts to the lenders standard variable rate. During the capped period, the interest charges can move up and down with the lenders interest rate – but cannot exceed the capped rate.

Cashback – An amount, either fixed or a percentage of a mortgage, which you can opt to receive when you complete your mortgage. The lender may well claw back this money through a higher interest rate.

CAT marks/standards – CAT stands for Fair Charges, Easy Access and decent Terms. They were created by the Government in an attempt to provide consumers with simple, clear financial products with straightforward, easy to understand terms. A CAT mortgage will have no arrangement fees, no redemption fees and will have interest calculated daily. It will also have a minimum loan of just £5000, offer you repayment flexibility and the mortgage should be portable should you move home. Finally, you will not have to buy the lender’s insurance products and there will be no penalties should you find yourself in arrears but can subsequently catch up.

Completion – This is end of the house buying process, when the funds are transferred and the keys are handed over. Happy moving!

Contract – A contract is a binding agreement between the buyer and seller. In the context of house buying, after the contract is signed by both the buyer and the seller it is then ‘exchanged’ between the respective solicitors for a set completion date. At that point, the contract is legally binding on both parties.

Conveyancing – This is the legal process in which property is bought and sold. You can do it yourself or hire a solicitor or specialised conveyancer to perform the tasks for you. The buying of a freehold is much less complicated than the buying of a leasehold.

Discounted Rate – This is where the lender makes a guaranteed reduction off the standard variable rate for an agreed period of time. After the discounted period ends, the mortgage usually moves to the lenders’ standard variable rate. Watch out for redemption penalties that overhang the initial discount period.

Early Redemption Charges – Redemption is when the borrower pays off the capital and the interest on the mortgage and thus owns the property outright. Early redemption fees are the charges incurred for paying off the mortgage early, either to buy the house outright, move or re-mortgage. Always ask about early redemption charges before you agree a mortgage.

Endowment – Endowments are life assurance policies with an investment element designed to pay off the outstanding capital on an interest-only mortgage. There are a few types of endowments, such as ‘with profits’, ‘unitised with profits’ and ‘unit-linked’. In the 1980s, these were sold by salesman who seemly suggested that these policies were “guaranteed” to pay off the mortgage at the end of the term. However, the investment returns on these policies have fallen to below what was previously considered to be the norm. Consequently, many policies are not worth what was originally forecast and may not fully repay the money borrowed at the end of the mortgages’ term.

Equity – In housing terminology, equity is the difference between the value of the property and the money owed on the property. So if the property is valued at £200,000 and you owe £150,000 on the mortgage, you have equity of £50,000. If you sold at that moment, you would receive £50,000. Should the value of the home be less than the mortgage outstanding then you have negative equity.

Freehold – Owning the freehold means that you own the total rights to the property and the land on which it is built.

HLC – This is the Higher Lending Charge (it was previously known as a Mortgage Indemnity Guarantee). It is levied by around three quarters of all lenders on clients who cannot afford to put down a deposit of 10% of the price of the property. In practice it is a type of insurance aimed at protecting the lender should you default on your mortgage when the value of your home is less than the capital you borrowed. The insurance only provides cover for the lender, not you, and typically costs £1,500.

Homebuyers Report – A property survey aimed at providing more information than a mortgage valuation but less information than a full structural survey. It will help the borrower to decide whether to purchase and help the lender to decide how much to lend.

Interest Only Mortgage – This is a mortgage where your monthly repayments only pay the interest on the mortgage. Therefore, at the end of the mortgage you still have to repay the full sum you borrowed. You are advised to have a separate investment vehicle into which you make payments aimed at building up a fund capable of paying off the mortgage capital at the end of the term. Typical investments include ISA’s, a pension or an endowment policy.

IFAs – Stands for Independent Financial Advisor. These advisors are regulated by the Financial Services Authority. To be classified as “independent” they have to be able to offer you the full range of products from all financial product providers. They are not entitled to describe themselves as “independent” if they can only offer products from a restricted panel of financial companies. A Financial Advisor can be one man band or work for very large companies. Before they make any recommendation, an IFA must carry out a detailed fact find so they fully understand your financial circumstances. They can then make their recommendations to suit your personal circumstances.

ISA – An ISA is an Individual Savings Account, which is a tax-free method of owning shares, building up a cash savings account or a life assurance policy. You can use an ISA to build up a capital sum to repay an interest only mortgage.

Leasehold – If your property is leasehold, ownership of the property reverts to the Freeholder at a set date. Many houses were originally sold on 999 year leases which means that 999 years after the initial date of the Leasehold, ownership of the property reverts to the Freeholder. Building in multiple occupation such as apartments, are always sold on a leasehold and usually have a much shorter leasehold period – 100 and 125 years is quite common. Often, with a block of apartments, the apartment owners individually own the leaseholds whilst a management company, in which they hold shares, owns the freehold. These days, however, leaseholders who live in the property have the legal right to buy their freehold under terms laid down by UK law.

Life Insurance – This can also be called Term Insurance or, when specifically linked to proprty purchase, as Mortgage Protection Insurance. It is designed to pay a tax free lump sum in the event of your death to enable your mortgage to be repaid in full. There are a number of variants such as Level Term Life Insurance and Decreasing Term Life Insurance. At the outset you take out insurance for the full sum you have borrowed from your mortgage lender and for the same number of years as you have agreed on your mortgage. These insurance policies do not have any investment or surrender value. The premiums are based on a number of factors – the main ones being the amount of cover you need, your age, health and how many years you want to be insured for.

Lock-In Period – This is the minimum period you have agreed to stay with the lender. Depending on the deal, it could be as low as six months up to the whole of the term. Should you wish to repay the mortgage or remortgage during the lock-in period, you will invariably have to pay redemption penalties. Always make sure you know how long you are locked in for with your mortgage.

LTV – Literally means Loan to Value. This is a measurement of the mortgage amount against the value of the property or the price that you are actually paying. A £157,500 mortgage on a property for which you paid £175,000 would be a LTV of 90%. Lenders tend to charge a Mortgage Indemnity Premium on mortgages with a loan to value of anything about 75%. Some don’t so ask about this.

MIG – This has now changed its name to HLC. See above.

Mortgage – A mortgage is a long-term loan taken out in order to buy a property with repayment secured on that property. So if you don’t keep to the repayment terms, the lender can repossess the property, sell it and retain the money they are owed. Any balance is then paid to you. If the property is sold for less than you owe your lender, you still remain liable to repay the shortfall.

Mortgage Advisor - On October 31st 2004 the selling of mortgages in the UK came under the remit of the City watchdog, The Financial Services Authority (FSA). As from that date any person providing mortgage advice had to be registered with the FSA and abide by its rules of conduct, methods of operating and training programmes etc. The objective has been to improve life for the consumer by offering better protection, clear information and access to redress for poor advice.

Negative Equity – Negative equity is when the value of your home is less than the amount that you owe on your mortgage plus any other loans secured against it. It can happen very easily if you take out a 100% mortgage or if property prices fall. (Also see Higher Lending Charge)

Portable – This is a measure of how easy it is to move a mortgage from one property to another should a property move be required. This is vital if you are moving during your lock-in-period and wish to avoid redemption penalties.

Repayment Mortgage - This is the same as a Capital and Interest mortgage – see above.

Searches – During the conveyancing process, the buyer has to be sure that the seller has title to the property and identify any matters may affect the prospective owners ownership of the property. For example, whether the property is affected by any proposed road building, whether there are preservation orders affecting the property, is it a listed building and has it been built in accordance with planning conditions and building regulations. Searches will also show whether there are mines under or close by the property. This information is obtained by the person undertaking the conveyancing from HM Land Registry and the relevant Local Authority. These investigations are collectively known as “Searches”.

Self-Certification – Should you have difficulty in providing documentation that “proves” your income to a prospective mortgage lender, you may need a self-certification mortgage. In essence you personally certify what your full income is. If you receive high bonuses, or work seasonally or on commission, or are self-employed this may be your best option. You declare your income plus some evidence that your declaration is reasonable. Ideally lenders want to see as much guaranteed income as possible. To compensate the lender for the increased risk they are taking on a self-certified mortgage, they will charge you a higher rate interest, typically 1% over their standard variable rate.

Stamp Duty Land Tax (commonly known simply as Stamp Duty) – You pay Stamp Duty Land Tax on property like houses, flats, other buildings and land. If the purchase price is £120,000 or less, you don’t pay any Stamp Duty Land Tax. If the price is more than £120,000, you pay between one and four per cent of the whole purchase price, on a sliding scale.

Upto £120,000 – No duty payable

£120,001 to £250,000 – 1% duty payable*
£250,001 to £500,000 – 3% duty payable
£500,001 and over – 4% duty payable

*If you’re buying a property an area designated by the government as ‘disadvantaged’, you don’t pay any Stamp Duty Land Tax if the purchase price is £150,000 or less.

Did you know? Stamp Duty was originally introduced by William of Orange when he was King of England.

Structural Survey – The most thorough report you can get on the condition of the property you are considering to buy. The surveyor will look in detail at the inside and outside of the property and will tell you if the property is structurally sound. All major and minor defects in the building will also be listed and should tell you what maintenance work may be needed either now or in the future. You should make sure the scope of the survey is agreed in writing before you commission it. Should the survey identify problems, use them to negotiate a reduction in the price before you exchange contracts.

Variable Rate – This is when the interest rate you pay on your mortgage can go up or down depending on changes to the lender’s standard variable rate. If you have a variable rate mortgage your monthly mortgage payments will change whenever the lender changes the interest rate.

Valuation – This is where a valuer appointed by your proposed lender, visits the property in order to estimate its current value. This value is then used by the lender as a basis for its security and to calculate its Loan to Value Ratio. The borrower never sees the valuation. With some mortgage deals the lender absorbs the cost of the valuation but in many cases the borrower has to pay upfront.

Michael Challiner has 15 years experience in financial services marketing at senior level. Michael now works as the editor of Kings Remortgage Brokers

Futher reading Mortgages Home Page
Futher reading Mortgage Topics

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Quick Facts About the Foreclosure Process

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There are more reasons to understand the foreclosure process in the US than ever before. In September, 2008 alone there were 81,312 homes that were lost to foreclosure. The 3rd quarter of 2008 showed a 71% spike in foreclosure rates as compared to last year at this time. These are record-high numbers and it should be obvious that lenders do not want this trend to continue. Still, the fact remains that over 851,000 homes have been repossessed since August of 2007. The housing crisis in America is smothering homeowners – along with the rising costs associated with fuel. People are being financially crippled and hundreds of thousands are falling under every day.

In September, 2008 there were over 265 thousand borrowers that received notifications of foreclosures. Although that number is down 12 percent from August, it is still a 21 percent increase from one year ago. Many times in the past have shown foreclosures to be a result of a weakened economy. This current cycle of foreclosures has in fact caused an economic downturn.

As a result, many states have relaxed their housing laws to slow the rate of new foreclosure filings. This accounts largely for the 12% decrease from August to September. Lenders are now being required to give significantly more lenient notices before initiating the foreclosure process against borrowers. Other law changes are being made as well in favor of the borrowers, but financial analysts fear that even these new relaxed laws are simply putting off what will soon happen anyway.

The effect seems to be that when borrowers receive a longer-term notice before the foreclosure process is initiated, they simply seem to get further buried in their debt. With each passing month, mortgage payments, late fees and costs associated with the foreclosure process continue to mount, and the borrowers are simply overwhelmed. They cannot catch up and so after the notification period extinguishes, foreclosure rates spike again.

The Federal Housing Authority initiated the “Hope for Homeowners” rescue bill on October 1, 2008. It was designed to re-instill investor confidence and absorb some of the poisonous debt that has accumulated. The US Treasury is also buying up troubled loans in an attempt to re-stabilize the various lending entities. As a result, it is projected that by the end of 2008, between 25% and 33% of all homes will be owned by banks and backed by the Federal Housing Authority.

The new laws in many states concerning the foreclosure process give temporary reprieve to tens of thousands of borrowers. It is highly advisable to take advantage of this leniency if you are one of those who are threatened with foreclosure. Consult with a qualified foreclosure consultant and explore the options that exist for saving your home. Many times, a professional foreclosure consultant can show you ways to have the foreclosure process negated and allow you and your family to stay in your home. To learn more about the foreclosure process and your rights regarding it, please visit Stop Foreclosure Help Today. We can help you to keep the home that you have worked so hard for.

Igor Mosyak holds the MBA and BS in International Business and Marketing from University of Maryland at College Park. Igor has an extensive knowledge in marketing and advertising from his previous experience and current career in the world of International and Domestic Real Estate activities. Igor Mosyak is the owner and operator of www.StopForeclosureHelpToday.com an organization dedicated to helping homeowners facing foreclosure. We provide a wealth of information on the whole foreclosure process and provide visitors of our website with FREE e-Book on “Stopping Foreclosure-Understanding Your Options”.

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Maryland Real Estate Foreclosure Process

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The Maryland foreclosure process is not that difficult to understand. In Maryland, as with the rest of the United States excluding a few blue-chip areas, foreclosure rates on home mortgages are at record high levels. If you are in a compromised position concerning the state of your home mortgage and have questions concerning your rights and the steps you should take, then read on.

The Maryland foreclosure process:

There are three basic criterions with which a lender may initiate a foreclosure on your mortgage. They are:

Judicial foreclosures

If your mortgage or deed of trust has no power of sale or assent to decree clause included, then a lender must initiate a formal complaint against you and request a decree of sale. It is then up to the court to discern whether a default has in fact occurred and issue the decree.

Non-judicial foreclosures

If your mortgage or deed of trust has a power of sale or assent to decree clause included, then a lender is pre-authorized to sell your property in the event of a default. With the Maryland foreclosure process, the lender must still file an order to docket in advance of initiating the foreclosure proceedings. There is however no requirement for a formal hearing to transpire before the proceedings begin.

Assent to decree

Here, the foreclosure process is simplified for the lender as the security documentation already includes a clause, signed by the borrower, that the borrower agrees to an entry for sale upon a pre-specified default amount. Although the lender must still file the motion in court, there is no requirement to wait for an answer or have a hearing in order for the foreclosure process to ensue.

Maryland Foreclosure Guidelines

The lender must have a notice of sale published in a local newspaper for 3 consecutive weeks before the sale is to transpire. The borrower must be informed of the intended sale by certified mail more than 10 days, but less than 30 days prior to the sale.

Only a trustee (an authorized representative of the lender) or the sheriff may conduct the sale. The sale must transpire either at the local courthouse, at the property for sale or at a location that has been included in the advertisements concerning the sale.

If for any reason the sale is postponed, the rescheduled date of sale must be published in the same manner as the first date of sale was.

When the sale has been completed, the seller must notify the court of the sale including complete details. This is to happen within 30 days from the sale date. 

Lenders may file a deficiency judgment for up to 3 years. The amount of this deficiency judgment request is limited to the balance of the defaulted loan. The lender must also forego the costs of the foreclosure sale.

The timeline for the Maryland foreclosure process to be completed is typically 90 days. There is no right of redemption in Maryland. Understanding your rights and the rights of the lender for your mortgage is a necessary and valuable asset when your are faced with the possibility of foreclosure. To learn more about the Maryland foreclosure process, please visit Stop Foreclosure Help Today.

Igor Mosyak holds the MBA and BS in International Business and Marketing from University of Maryland at College Park. Igor has an extensive knowledge in marketing and advertising from his previous experience and current career in the world of International and Domestic Real Estate activities. Igor Mosyak is the owner and operator of www.StopForeclosureHelpToday.com an organization dedicated to helping homeowners facing foreclosure. We provide a wealth of information on the whole foreclosure process and provide visitors of our website with FREE e-Book on “Stopping Foreclosure-Understanding Your Options”.

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Understanding the Loss Mitigation Process Can Save Your Home From Foreclosure

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Defining the loss mitigation process:

For all practical purposes, loss mitigation can best be viewed as a powerful weapon that can stop your pending home foreclosure dead in its tracks. The loss mitigation process itself is without bounds, but always involves effective communication to be successful. If you are too stressed out about the possibility of foreclosure to represent yourself effectively throughout the loss mitigation process, then you need to employ a professional foreclosure consultant. They, like the loss mitigation teams employed by your mortgage lender, are experts that deal with these issues on a daily basis.

The loss mitigation process involves a set of tools that you as the homeowner are privy to. You can utilize these tools to achieve victory from a seemingly bleak situation. Negotiating with your lender, or having a professional foreclosure consultant to do it for you, is your ticket to retaining ownership of your home. Before we go further, please realize that millions of Americans are at risk of foreclosure even as you read this. Lenders appreciate a motivated homeowner who cares enough to communicate regularly with them and that tries to initiate positive plans of action to bring their loan current. Nobody wants you to lose your home to foreclosure.

The loss mitigation process can do more than just stop the foreclosure process; it can protect the equity that you have built up over the years in your home. With proper loss mitigation techniques employed, your lender will be more than happy to work with you and develop a plan for mutual satisfaction and appeasement. Loss mitigation involves a set of utilities that can stop a foreclosure. They include:

-Partial claims;

-An “In-Lieu” Deed of foreclosure;

-Forbearance agreements;

-Mortgage refinancing;

-Modification of your loan;

- And more…

The ultimate goal for all loss mitigation is to stop the foreclosure process and to establish a mutually beneficial plan for repayment of the mortgage loan including payment amounts and dates. However, nothing is set in stone and unless you are able to convince your lender’s loss mitigation specialists that you are a worthy gamble, they will still elect to go ahead with the foreclosure. Remember: their job is to minimize the losses that will be incurred by the lending institution – not to keep you in your home. If you are unable to thoroughly convince them that your plan is better for them than a foreclosure will be, then they will certainly foreclose. It’s just business in its raw form.

Stopping foreclosure is all about two things: loss mitigation and time. Once the foreclosure process begins, it seems that time cannot be slowed even for a second. The pressures continue to build and it can make you feel helpless – like there’s just no hope. But, there is! Consider having a professional foreclosure consultant assist you with your loss mitigation process every step of the way. It will save you time, money, frustration, worry, embarrassment and mistakes. It will also very likely keep you and your family in your home where you should be. Contact us at Stop Foreclosure Help Today and let’s discuss your possibilities.

 

Igor Mosyak holds the MBA and BS in International Business and Marketing from University of Maryland at College Park. Igor has an extensive knowledge in marketing and advertising from his previous experience and current career in the world of International and Domestic Real Estate activities. Igor Mosyak is founder of www.StopForeclosureHelpToday.com an organization dedicated to helping homeowners facing foreclosure. We offer a wealth of information on the whole foreclosure process and provide visitors of our website with FREE e-Book on “Stopping Foreclosure-Understanding Your Options”.

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General Foreclosure Process

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The foreclosure process isn’t as mysterious as it may seem. Due to federal and state laws, lenders must follow a specific process in order to foreclose on a property. Understanding the process will help you find investment opportunities.

First, you’ll need to understand when a lender is allowed to foreclose. The process starts with the mortgage itself. A mortgage creates five covenants:

1. The homeowner promises to pay the principal mortgage debt

2. The homeowner will insure the building against fire or damage to help protect the bank’s interest in the property

3. The building or dwelling cannot be demolished or removed without the consent of the bank

4. The entire principal will become due in the event of default of payment of principal, interest, taxes, or assessments

5. The bank will consent to the appointment of a receiver in the event of foreclosure

The first three items are agreements the homeowner must adhere to. If those covenants are breached, the bank must pursue numbers 4 and 5. (Why the word “must”? Because banks are really “trust officers”: they aren’t loaning their own money, they’re loaning money that belongs to depositors. They don’t have the right to take risks with other people’s money, so they have to follow these covenants.)

The last two covenants give the bank the means to foreclose. One provides for the appointment of a receiver — typically a lawyer — who conducts the sale of the property. The other allows the bank to accelerate payments and ask for the entire balance. If the bank’s lawyers take a homeowner to court they want all of the money, and if it can’t be paid they want a judgment against the homeowner. Simply put: they want out of the deal because the homeowner has not lived up to his or her obligations.

It’s important to note that until a judgment has been obtained the homeowner is not truly under threat of foreclosure. Once the judgment is obtained the homeowner can be put out of the property immediately.

After a judgment has been handed down against the homeowner, a time is set for the public sale of the property at auction. If the homeowner can’t come up with the entire amount of the judgment award before the sale. that’s it: no more delays, no more compromises ? the sale will be held. Often these sales are held at the courthouse, and in many cases are actually held on the courthouse steps.

The court then appoints a receiver — again, typically a lawyer — to conduct the sale of the homeowner’s property. Ordinarily, real property can’t be transferred without both parties in the purchase agreement signing the transfer deed. Since the homeowner is unlikely to voluntarily sign away his or her home, the receiver has the legal authority to sign a valid deed transferring the ownership to a new purchaser.

Mark Sumpter is the owner of The Wealth College which helping people for short sale foreclosures, short sale information, foreclosure short sale, foreclosure short sales.

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Foreclosure Overview & the Foreclosure Process

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A foreclosure is a legal proceeding taken by a bank or mortgage lender against a homeowner who has defaulted on their mortgage loan.  There are several steps in the foreclosure process; pre-foreclosure, auction, and bank owned.  It is possible to buy homes during each of these foreclosure steps if you know where to find them and who to contact. 

Pre-foreclosure (NOD, LIS)

A pre-foreclosure is just what it sounds, the time period between when the bank decides to foreclose on a property and when the actual foreclosure takes place.  When the bank decides to foreclose on a home, it is required to notify the homeowner of their intent.  The notification that is sent is called a Notice of Default (NOD) or a LIS Pendens.  The NOD or LIS also has to be filed with the County Recorder’s Office.  The bank is not allowed to release this information to investors, however, but investors are more than welcome to search the records at the Recorder’s Office and find out who is in pre-foreclosure.  Investors will then contact the homeowner and try to strike a deal with them to purchase their property before it is actually foreclosed on.  These deals are typically attractive to a homeowner because they want to avoid having a foreclosure on their credit. 

Auction (NTS, NFS)

Once the foreclosure proceedings have begun, a Notice of Foreclosure Sale (NFS) and/or a Notice of Trustee’s Sale (NTS) will be filed.  These filings will announce a foreclosed home that will be sold at auction.  A property auction is an event in which the public can place bids on a home that has been foreclosed on, or otherwise removed from the former homeowners.  The winning bidder is then obligated to purchase the home and becomes the new owner.  Finding foreclosure homes online is a great way to buy a house for significantly less than its value. 

Bank Owned (REO)

A bank owned, or Real Estate Owned (REO) property is one that has already gone through the foreclosure process and is now wholly owned by the lender.  Lenders will then decide to either sell the property at auction or sell it outright, often for just the amount that is owed on the home.  There have been instances where a buyer can pick up an REO house for just a few thousand dollars.  The bank just wants the money that they lost in the last deal and be done with it.  They have no interest in keeping property; that is not their business.

Buying homes in foreclosure, or after foreclosure, can save you tons of money.  The average savings on a foreclosure home that is purchased is about 30% lower than the market value of the home.  Putting that into perspective, you can expect to buy a $200,000 foreclosure home for only $140,000.  That’s average, many people save much more than that on foreclosures.  You can search all kinds of foreclosure homes in your area online.  Maybe you will be able to pick up a nice foreclosure property for investment or to move into.

For more Information on this topic visit www.buildwish.com a free Online Home & Garden Renovation & Design Directory in 100 Cities in North America. Featuring millions of Real Estate Classifieds, Helpful Articles, Contests, Virtual home tools, Qualified Trades, Forums, a moving center, free quotes for Insurance, Moving, Mortgages, Contractors, Find Foreclosures and Much More!

 

 


 

A Real Estate Agent & Interior Designer for 20 years. Writing articles about Real Estate & Home improvement.

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