Posts Tagged ‘foreclosure’

Can a lender sue the owner for deficiency in a foreclosure?

Due to financial crisis across the globe, unemployment rate is peaking and as a result many home owners are unable to meet their mortgage monthly payments. Having defaulted on mortgage payments, banks issue foreclosure notice and therefore judgment from lenders to homeowners who are facing foreclosures.
Usually many people think about foreclosure means losing home only but this is not the case it affects in many other ways like damaging credit score, affecting future buying power. The other one thing that many people have no idea about is the lender can sue you for the deficiency judgment.
The question is can lender really has a right to sue the previous home owner for deficiency judgment? Before answering this let first understand what is deficiency judgment? Having an idea of about how foreclosure process works help you understand how actually deficiency is created? Having foreclosed by the sheriff’s sale or auction, the proceedings will be used to clear of the liens that are affecting the property. In some cases, first mortgage holder buys the house back by submitting the bid at foreclosure auction. If he wins the auction buy submitting minimum bid then the total loan amount can not be cleared from the foreclosure proceedings. In this case the difference between the entire loan amount and the actual sale price of the home at auction is what called deficiency. Now is the home owner is responsible for that deficiency? Can lender is legally allowed to sue the homeowner for that deficiency?
First, in order to sue for the deficiency created during the foreclosure process, the foreclosure laws of the state in which the actual foreclosure was held have to allow the lender to the former home owner for the deficiency. Surprisingly, not all states permit the lender to do this. To answer this you must check your state laws, if law does not permit this then you are safe from being sued by lender for the deficiency judgment. You have got nothing to worry because lender has no right to take other assets like cars to cover up the deficiency.
In case law permits the lender to sue the home owner for deficiency, it is very rare that bank will sue them. Just think that home owners who have faced foreclosures only because they are having financial hardship due to which they missed the mortgage payments and lost their home. Banks have to think about this because how can they manage to collect money from people who are facing financial hardship at the same time if bank sues the home owner than they have to spend money for the law proceedings. And if previous home owners files bankruptcy, because it is a way for the borrower to clean up all the financial burden then it is all waste of time and money for the bank.
In conclusion, you can rest assure that there are very few chances that bank will sue you for the deficiency judgment even if the law permits or not.

Loan modification programs: know for whom do you qualify

Loan modification program is a plan under which your loan modifies according terms and conditions of the program and it depend on your eligibility of the plan. There are many loan modification programs under which you are eligible can modify your loan.
Trying to apply for loan modification but confused about which program you apply for, then here are some of the guidelines to help you decide the loan modification programs.
1) Loan modification programs for principal reduction: this is possible when you owe more on mortgage than actually what your home worth. This is not the situation of you alone, last year the value of homes declined incredibly, destroying the home equity of homeowner around the world. But when you default on your mortgage and fall being your payments because of financial crisis, due to job loss, accident to family member, death of an earning member etc. could be the possible reasons to fall behind the payments. The banks has no option to recover their amount of loan mortgage when you default payment other than foreclose your home. But what happens if your home equity is less than the mortgage you owe. If the lender thinks that he may loss more with foreclose than with loan modification, here is when the banks advises for loan modification. Generally principle reduction loan modification is advisable when the home equity falls 25% below your mortgage.
The eligibility for principal reduction:
1) The house should be your primary home.
2) You need to show your income proof, so that you can pay lower amount with out
any further default.
3) You must be at least 60 days behind with your payments
4) Or able to prove your financial hardship.
2) Loan modification with federal bailout: the federal government has designed two helpful bailout plans. First, mortgage loan modification: if you are already behind the mortgage payments, you are at risk of foreclosure. In order to escape the foreclosure you must qualify for the federal bail out plan. The requirement of the fedral bail out plan is:
1) Your mortgage should be your primary residence
2) You need to submit updated tax returns and proof of income.
3) The mortgage must be taken before January 1 2009.
4) Your first mortgage should be below $729500
5) If your household debt exceed 55% of your regular income and under go credit counseling.
6) You need to submit financial hardship letter signed by yourself
The advantages of this federal loan modification program are:
1) Your monthly payments can come down by 31% of you monthly income.
2) A low interest rate
3) No loan modification fee as they are taken care by the government
Learn more about Obama federal loan modification program and other loan modification offers by the bank individually

Tips to approach your lender for loan modification

Loan modification is considered as one of the best option when trying to save your home from foreclosure when compared to other options. It is basically changing the existing loan terms such as change in interest rate, type of interest rate, monthly payments and the term of the loan. If your loan modification application gets approved, then it may help you with reduction in monthly payments, so that you can retain your home.
If you success in convincing the lender for loan modification then you can get reduced interest rate, reduced EMI, changes in terms and conditions, avoid foreclosure, increase term of loan, increase in loan amount, waived of late fees, lowering principal balance, convert adjustable rate to fixed rate, no penalties on missed payments. You will get this type of benefits only when your loan modification application gets approved.
Approach your lender with in time. Do not wait till you miss payments. Approach the lender when you feel that you may get behind the payments. Get behind the payments means you record negative remarks on your credit score. Negative credit score means it will affect your financial ability to get loan in future. So it is better you approach the lender in time to get you be on current loan.
Write an effective hardship letter requesting loan modification to lender: your hardship letter must clearly state your financial situation to lender, tell them why you require loan modification and convince them for loan modification. You must write the letter as early as possible, it must be simple and concise. It must give enough information about your income and expenditure and it should state the reason for your financial crisis and it should also show your interest and desperation on loan settlement and you can only request the bank for loan modification through hardship letter.
You must be able to calculate debt ratio correctly so that you could know what amount you can pay monthly in long run.
You must file all the necessary documents which support your disclosed information which includes bank statements, employment details, and credit history. They should be arranged in proper order to avoid confusion.
Follow the guidelines of the bank: submit complete and accurate loan modification application to your lender, missing any paperwork can lead to rejection of the application. So to avoid the rejection make sure you cross check the documents before you submit to the lender.
Borrower who has knowledge on how to apply loan modification will be able to prepare much better application to lender. If you need any information on how to approach your lender for loan modifications

Loan modification application was denied – what might be the reasons?

Everyday banks receive lot of loan modification applications. Not knowing the guidelines and rules of the bank can decline chances of getting approved of your loan modification application. The major percentage of loan modification application is the supporting documents which prove you have done everything under your control to save your home. One of the common reasons, the loan modification application being declined, is unable to produce paper work properly. The supporting documents should be filed properly according to the guidelines of the bank for approval. This article let you know the common mistakes which the homeowners were used to do while filling the loan modification application.
Not aware of the policies and guidelines of the bank before filing loan modification application. Make sure that you fulfill all the guidelines of the bank before filing loan modification application. Every home owner must successfully meet lender guidelines while applying loan modification. Research what exactly the most current guidelines are.
Not preparing hardship letter well: one of the most important documents you should submit when you are applying loan modification is hardship letter. A hardship letter is way of explaining your financial difficulty you are experiencing because of which you are unable to meet your financial commitments. A well formatted hardship letter will improve your chances of approval of loan modification.
You may not be honest with the facts you mentioned. If you filled the information that is inaccurate and incomplete which was identified during verification process then it could be rejected. Try to be honest with your income and expenditure statement. When trying to obtain help make sure that you don’t lie on your loan modification application.
Know how to file loan modification forms correctly. Knowing how to file the loan modification application is the most important factor because it is a means of conveying and letting the lender know your eligibility for loan modification to save your home provided you learn and prepare the paper work correctly.
Excessive use of credit cards: if you are committed to secure loan modification with best terms then you should have control of your debt. You should keep your debts as low as possible. If possible pay off your credit card balances, or keep as low as possible.
Bad or late payments: although you are facing financial hardship, try to keep your bill payments current while you are trying to obtain loan modification help. This will help you to get best negotiation terms like interest rare, term length and EMI on your new loan.
Lack of understanding of the loan modification process: having a good understanding of the loan modification process will help you better. Properly written financial statements according to guidelines of the bank are important when you are seeking loan modification help. This income and expenditure statement shows your decrease in your income and how you are capable to afford modified loan. You should learn to calculate the desired monthly payment and these monthly payments should meet the debt ratio of the bank to be eligible for loan modification.
To prepare critical documents for loan modification to avoid the rejection of your application latter, take the help of loan Modification Company which will assist you to improve your chance of getting your application approved.

Solution to impending foreclosure – loan modification

Almost every individual has a dream to own a house. Home is a place where you can feel relief from stress. So when planning you own sweet home you must carefully plan your finance. Under the economic conditions prevailing today, buying a home with out the help of home loan is almost impossible for all the people around the world. A home loan helps the borrower by arranging the amount required in procuring a dream home. But nobody will take a home loan with intention to default and lead their home to foreclose. But, this happens under some unfortunate events like job loss; sever illness, or accident to earning member of the family.
Foreclosure is a legal process, which allows the lender in recovering the loan amount by taking the exposure of the property and sell which was secured for loan amount. Foreclosure process begins when the borrower default their payment on the due date. Lender will send an impending foreclosure notice to the borrower as he misses the mortgage payment.
Impending foreclosure notice does not mean you lost your home as and when you receive the notice. But it is an intimating letter to the borrower that they need to make payment. So that homeowner takes necessary action in order to arrange necessary finance in order to avoid foreclosure.
There are various solutions available to the borrower, when they face with foreclosure notice. In this article we will concentrate on loan modification option to challenge foreclosure.
Loan modification is one of the major options available in lot of foreclosure cases today. Home owners who have temporary job loss, illness or short term finance difficulty may avail loan modification option. It is worthwhile to avail loan modification option in the early stages of foreseen foreclosure. Therefore, when one foresees that they are heading towards the impending foreclosures then they must negotiate with banker as soon as possible about the loan modification.

Loan modification can help you with many things like:
1. Reduce your payments
2. Reduce your principal
3. Reduce your interest rate
4. Helps yourself from being foreclosed

How do I know if I am eligible for loan modification and what type of modification I can avail? If you have struggle to make payments for next few months say, for 3-6 months and you will be able to make reduced reasonable payments ongoing to your lender, then you are most likely to qualify for reduce payment amount modification. If you are struggling to make regular payment and you have adjustable rate on your note then you are most likely to qualify for adjustable rate modification. It may effect your term, let ‘s say if you have 15 year term then your reduced payment can lead to increase your term to 20 years or so.
Foreclosure proceeding starts on the day one you miss your payments, but it takes quite a long time to process. In the mean time, you can workout with your banker about loan modification and you prevailing financial conditions. It is well advised to ask your lender in writing for loan modification help.

However many people are thinking to do their loan modification on there own, but I recommend you to consult a reputable company to handle you loan modification because, as it is paperwork, it will be more risky if you misinterpret the work. Success chances are 30% if you do it by yourself and 70 % when you heir a reputable loan modification company to handle your work.

How to Use Government Loan Modification Programs

Government loan modification programs are available to consumers that are facing financial difficulty and in danger of losing one of their most expensive assets. This asset is their home and the loan which is being modified to allow the homeowner to maintain ownership is the mortgage. So, aside from this – what is loan modification and how does it work? How can a homeowner take advantage of funds available from the government to gain this assistance?

The government has begun to take control of the situation of skyrocketing foreclosure rates by providing options to these homeowners in danger of losing their homes. In the past, banks were responsible for providing alternative finance options – and now, funds of hundreds of billions of dollars are available to consumers to ease the stress that comes with high and unaffordable mortgage payments.

There are more than a million homeowners in the United States that are facing the threats that come along with foreclosure. With the majority of these homeowners falling under the low income tax bracket, it can be an essential part of saving the home to take advantage of this help which is being offered by the government.

Applying for a government loan modification can allow the homeowner to pay less than forty percent of the existing income of the homeowners– alleviating some of the stress that is placed on the finances. Preventing foreclosure by funding the repayment of the mortgage allows the lender to receive payments and avoid the process of foreclosure. After all, foreclosure does not only have grave affects on the homeowner – but it can greatly affect the lending institution as well.

With the lower monthly payments, the homeowner is able to easily make the payments, even with the struggling state of the economy. When the stress is eased on the finances the consumer is able to fund debt repayment, establish a savings account and learn and use techniques that can enable them to become secure in the future and avoid foreclosure, bankruptcy and other negative financial situations.

How are these payments reduced? Through government loan modification programs – there are funds which are provided to homeowners, as well as changes that are made to their current home loans. Increasing the term of the loan and switching the loan to a fixed rate from an adjustable rate mortgage can decrease the monthly payment while locking in a specific monthly payment. This can create stability in the budget as the homeowner is aware each month just how much the mortgage payment is going to cost.

There are alternatives to foreclosure that consumers need to take advantage of – loan modification is an essential way to save money on the mortgage payments while preserving the ownership on the home and escaping foreclosure and the stigma that comes along with it.

Welcome to Our Stop Foreclosure Blog

Welcome to IStopForeclosure4U.com.

The IStopForeclosure4U.com blog contains articles and updates on foreclosure, debt consolidation, mortgage and home equity, and everything that can help you stop foreclosure.

Disclosure: Feel free to explore this site or visit our sponsors. Some external links may lead to a sponsor of this site or an advertisement. No content on this site should be considered financial or legal advise. If you are at risk of loosing your home, please be careful and seek the advice of a legal and financial counselor that you trust.