Every Parker, Colorado homeowner facing a possible short sale or foreclosure needs to know this information about options and possibilities that can help you take control of your situation.
Too often in Parker and Douglas County Colorado I see homeowners to ashamed or embarrassed to seek out help before it’s too late. Don’t let your home go to foreclosure when there may be another option to get you out in one piece. Short Sale.
When homeowners are facing hard times and need to consider a work out with their mortgage lender there are a number of directions that can be taken. Understanding the terms associated with those options is critical if you are going to begin discussions with your lender.
There are two roads you can take when doing a work out with your lender.
Reinstatement or Cure:
Your lender may allow you to make a lump sum payment to bring your mortgage current if you can show that funds from a tax return, bonus, or other source may be available in the near future. Many homeowners facing a family hardship typically do not have this option available to them.
When a hardship has been overcome and the borrower’s income has returned, a forbearance may be available from their lender. This forbearance provides for the borrower to restart making the original payments on the existing note. An additional fee is added to the base payment in an effort to repay the delinquent principal and interest to the lender. This added payment can be added for a period of a few months to a few years depending on the amount of the deficiency and the ability of the borrower to repay.
This remedy is only available for an FHA insured loan. HUD/FHA has a provision which provides a onetime relief for the borrower to agree to an interest free loan for the deficiency amount. This loan is a second position note and does not have to be repaid until the property sells and the original FHA loan is paid.
The primary loan modification program in place today is the Making Homes Affordable program. This program is administered by HUD and provides incentives to the lender to modify federally insured & guaranteed loans (FHA & VA). The arm of this program associated with moan modification is called Home Affordable Modification Program or HAMP. Typically a HAMP modification will require the borrower to enter into a temporary arrangement with the bank to modify the mortgage for a period of typically 9 months. If the borrower is able to comply with the temporary program thy may be permitted to enter a permanent modification on their original loan. The borrower must be employed and able to show a verifiable income and the ability to pay to be accepted into this program.
A foreclosure is the end result of the process the lender takes to recover the property after a loan default and all the legal remedies have been exhausted. The foreclosure will result in the most negative impact on the borrower’s credit and remains on his credit report for a period of up to seven years. The foreclosure also does not restrict the lender from perusing a deficiency judgment against the borrower for any deficiency left on the loan after they resell the property and all the fees and expenses have been paid. The only relief the borrower would have from this judgment would be bankruptcy.
Deed in Lieu of Foreclosure:
A remedy offered from the lender to the borrower in a situation where the lender is perusing a foreclosure on the borrower’s property. The Deed in Lieu of foreclosure gives immediate title and possession to the property to the lender so they can begin marketing it for sale. The benefit to the borrower is that, if they leave the property in good condition, the lender can pay them for some or all of their moving expenses and agree not to file a deficiency judgment against them personally.
A very commonly used vehicle to provide for the sale of the property to a new buyer before the lender takes back the property through the foreclosure process. Most lenders have become very receptive to working with the borrower and their Realtor to facilitate the short sales so they are not additionally burdened by an increase to the number of properties they now own and are trying to sell in this market. The short sale will cancel any foreclosure action by the bank and typically provide for a quicker credit recovery for the borrower.
Short sales are a specialized form of real estate transaction. A homeowner should work with an experienced and qualified Realtor who specializes in this type of transaction. Your Realtor and their staff will insure that all of the elements of this transaction will take place properly.