Monday, August 1, 2011

Foreclosure Isn't the End, Know What Questions to Ask

Author: Christopher M Lee

It's becoming an increasingly ordinary scene: next-door neighbors in Des Moines pack up nearly identical belongings into already overstuffed rental trucks and SUVS. The bank foreclosed on both families today, the legal notices to vacate the pair of homes delivered within half an hour each other.  In 2008, both families moved into identical split-level, three-bed, two-and-a-half baths in developer-planned community. Same Bank. Same Mortgage. From a distance, the only discernible variation is that the Peters have a daughter instead of a son.


A recent survey conducted by Neighborhood Works America—a research and survey arm of the FDIC—every three months, 250,000 families will enter into foreclosure. From a sampling of emotional well-being, 38% of those families identified as scared, 35% depressed while 8% were just plain angry.


As many of the surveyed families know well, it's the economy.


While the market remains in a state of prolonged uncertainty, millions of families are treading water, taking on multiple jobs just to make the mortgage payment. Few hold out hope for higher ground or improved economic traction. Most, however, are willing to painfully admit that anything unexpected along the way, like unforeseen medical expenses, could put them on the street.


What many families are apt to forget amidst long hours, intense emotional strain and just plain grief is that banks want consumers, not their houses. Foreclosure isn't good business for anybody. Fortunately, for many people who fall in the median-income range, forbearance is an excellent option.


What is forbearance?


When a borrower falls behind or cannot make payments on a loan, the bank agrees to not execute their legal right to foreclose on the delinquent borrower's house until the borrower is capable of making his of her loan payments. This is on the condition that the borrower has a financial plan to get out of delinquency.


There is no limit on how long a delinquent borrower can be in forbearance. However, it is extraordinarily uncommon for a bank to extend a forbearance agreement beyond 12 months. That said, the forbearance agreement is designed to help those people with temporary financial problems, which expect to be financially solvent and able to pay as they originally agreed within a 12-month window. It is not an option for people with an adjustable rate mortgage or people expecting to be financially insolvent for longer than 12 months.


What do I do if I have an adjustable rate mortgage or am under onerous debt already?


For those borrowers who cannot enter into forbearance because of an ARM loan or who have considerable debt outside of your home loan, the next best option is Mortgage Loan Modification. There are several types of MLM structures for those people expecting prolonged delinquency on their loan payments. Some of the more common are as follows:


-Reduction on the principle of the loan


-Reduction on the interest rate applied to the principal amount and lengthening the term of the loan


-Reduce or eliminate penalties for defaulted payments as one condition of the modification


If you are facing foreclosure, it's a good idea first to do some research. It's smart to ask a lot of questions—it's still your home. If you are still confused or feel your situation may be exceptional, you may want to consider seeking legal advice. Your bank doesn't want to foreclose on you. Once you have decided it is time to take an action, enter negotiations with your bank in the good faith that you and your bank can reach a mutually beneficial Mortgage Loan Modification agreement.


For more information visit: http://leefinancialhelp.com

Article Source: http://www.articlesbase.com/mortgage-articles/foreclosure-isnt-the-end-know-what-questions-to-ask-5055288.html


About the Author

Christopher Lee, of Lee Law Firm, understands that financial hardships can affect honest, hard-working people. His early experience growing up in a very blue collar family in a rural area of Indiana, made a significant impression on his business philosophy today.  As a child, he watched his family struggle as money didn't come easy and his parent work hard to provide for their family. As a foreclosure attorney in Dallas, Tx his practice has given him the opportunity to help many people keep their homes. For more information visit: http://leefinancialhelp.com

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