The numbers of filed and pending foreclosures in the United State has risen to staggering numbers. If you're facing foreclosure today, you're not alone. Most of the time, circumstances beyond your control have occurred, and you are left in a financial situation that is less than desirable.
This report will provide you with important information you need to make important decisions about what to do next. We will define terms related to foreclosure, and provide an explanation of each, to enhance your understanding of the foreclosure process. You will also be informed of the various options you have that can prevent your foreclosure from happening, and keep your credit in tact. Finally, we'll talk a little bit about what comes after you've faced foreclosure, and how you can focus on rebuilding your credit.
Let's start with defining some basic terms related to foreclosure.
1. Foreclosure - a legal procedure whereby property used as security for a debt is sold to satisfy the debt in the event of default in payment of the mortgage note or default of other terms in the mortgage document. The foreclosure procedure brings the rights of all parties to a conclusion and passes the title in the mortgaged property to either the holder of the mortgage or a third party who may purchase the realty at the foreclosure sale, free of all encumbrances affecting the property subsequent to the mortgage.
2. Lis Pendens - this literally means "pending lawsuit." If a foreclosure suit has been filed against you, you have received a lis pendens, or notice of pending lawsuit.
3. Arrears - generally, being overdue in an installment payment.
4. Assignment - the method by which a right or contract is transferred from one person (the assignor) to another (the assignee).
5. Bankruptcy - an action filed in a federal bankruptcy court that allows a creditor to reorganize or discharge credit obligations due to insolvency. A property owner may halt foreclosure action by filing bankruptcy. Bankruptcies remain on a credit record for seven years and can severely limit a person's ability to borrow.
Chapter 7 - "Debtor Wipeout" The court oversees the liquidation of the debtors' non-exempt assets, distributing the cash proceeds proportionally amongst their creditors. Chapter 11 - This is a business reorganization proceeding. Chapter 13 - "Debtor Workout" This is the almost-automatic choice of most trustors seeking to use a bankruptcy filing to delay the in- evitable trustee's sale as long as they can. The purpose of this proceeding is to give a "wage earner" time for rehabilitation . . . a temporary respite free from the collection efforts of creditors. 6. Breach - the breaking or violating of a law, a right, obligation, engagement, or duty, either by commission or omission.
7. Collateral - real estate or personal property which is pledged as security for a debt.
8. Collection - obtain payment or liquidation of a debt or claim, either by personal solicitation or legal proceedings.
9. Complaint - the original or initial pleading by which an action is commenced; a written statement of the essential facts constituting the offense charged.
10. Decree of Foreclosure - a court order to set out the outstanding amount on a delinquent mortgage in order to sell the propA court order to set out the outstanding amount on a delinquent mortgage in order to sell the property to pay the mortgagee.
11. Deed in lieu of foreclosure - a process whereby the owner, with the approval of the lender, deeds the property to the lender to avoid foreclosure. Lenders are generally reluctant to accept a "deed in lieu" unless the title is free and clear of any other encumbrances junior to theirs and the owners execute an estoppel affidavit acknowledging that they are acting volitionally, with informed consent.
12. Default - the failure to make payments in full, on time or at all or to live up to any other obligations placed on the borrower by the loan agreement.
13. Deficiency judgment - a judgment entered in a lawsuit when a property is sold for less than the amount of the loan.
14. Demand Letter - also known as a Breach Letter or Notice of Intent to Foreclose. Notice to the borrower that he/she is in "breach" of the terms of the Note and advising of the right to "cure" the default.
15. Equity Right of Redemption - the right to avoid foreclosure action by paying off the debts, interest, and fees that have accumulated on the property.
16. Involuntary lien - a lien issued against a property without the owners approval.
17. Lender - he from whom a thing or money is borrowed.
18. Loss Mitigation Department - a department which helps homeowners avoid foreclosure; the lender tries to help a borrower who has been unable to make loan payments and is in danger of defaulting on his or her loan.
19. Notice of Sale - the notice of an impending foreclosure sale required by the state. It recites the legal description of the property being foreclosed upon and gives the time, date and place of the pending sale.
20. Power of Attorney - a written document signed by the owner which authorizes someone else to act in behalf of the owner.
21. Quit Claim Deed - a deed of conveyance that releases any title, interest, or claim, which the grantor may have in the premises.
22. Redemption Period - the time allotted to the mortgagor to reclaim his/her property after it has been sold at an auction. Not all states have a redemption period.
23. Subject To - the transfer of rights to pay a debt from one party to another, with the original party remaining liable for the debt if the second party defaults.
Now, let's turn our focus to your particular situation. Has your financial situation resolved, and you are now able to begin making payments again? Have you experienced a permanent loss of income, but don't want to give up the house? Have you lost income permanently, and know it's best to sell - but don't know how to take the next steps?
As you can see, there are many different issues, and they each depend on your individual situation. Let's take each individual situation, and discuss what the solution would be for you.
We first mentioned your financial situation had resolved itself. This most likely occurs when you experienced a job loss - and are now gainfully employed, once again. It could also be that you were going through a divorce, and now you have been awarded alimony and child support; enough to cover your house payments again. Another scenario is you experienced a death in the family, and perhaps the deceased was the individual who was fully responsible for house payments. At this time, you have received your life insurance benefits, and you can begin making payments or even pay off the house now.
With each of these scenarios, you can begin making payments, once again; however, it may be a stretch for you to come up with the back payments, fees, and additional expenses that were added to your loan. That's where we can help.
We partner with a Loss Mitigation company who can single-handedly negotiate your missed payments, late fees, and additional expenses on your behalf - and make it possible to stop your foreclosure from proceeding further. In many cases, if you tried to accomplish this yourself, you would be given the complete run-around by the banks, mortgage companies, and lenders. Because our Loss Mitigation partner works with lenders across the nation, these financial institutions are grateful to hear from our organization, and eager to iron out the situation, because we represent you. While it is possible for you to attempt to handle negotiating with your financial institution or lender, chances are, they have been trying to collect a payment from you for some time - so there has been a breach of trust. By utilizing Loss Mitigation services through Sterling Property Solutions, you can expect to have your pending foreclosure situation resolved.
Another solution we utilize when your financial situation has improved is to obtain a re-finance. The lenders we work with typically loan money to individuals who have low credit scores. After making your payments on a regular and timely basis, for a reasonable amount of time, you would be able to, again, re-finance with a lender who could provide a more competitive rate of interest.
Now let's move on to the next potential situation. Perhaps you are divorced, or are experiencing a permanent income loss. In many cases, you may have lost a high paying job, and been forced to take something just to put food on the table. Maybe the company you have worked for more than 20 years has just closed it's doors forever. You are still in financial distress, but you aren't ready to give up your home.
In this scenario, Sterling Property Solutions can offer a couple of answers that may work for you. First of all, we offer a lease-back program, in which your property is purchased through our network - and leased back to you for a pre-determined period of time. At any time prior to the end of the designated time period, should your financial situation change, you have the option to re-purchase your property. It seems like of trouble, but it's a very small sacrifice to pay to keep your home. This enables the foreclosure client to get their affairs in order - while maintaining privacy and dignity. In other words, the neighbors and your friends are not going to be discussing the fact that you were foreclosed on and kicked out.
Another option is to get your home re-financed through a hard-money lender. Hard-money lenders offer loans when no other lender will do so. The rate of interest is high, and is generally a temporary fix to your situation. You goal, should you go with a hard-money lender, is to pay on a timely basis for a period of 6 straight months to a year, and then re-finance with a lender who offers more competitive rates and terms.
Sometimes you are facing foreclosure, and the situations is such, that you know it is time to sell your home. Perhaps you are now medically disabled and have experienced permanent income loss. You could have lost a spouse to long-term illness, and you will never be able to replace that missing income.
If this is your situation, we can help. We have a network of individuals and groups of private investors who seek properties like yours. Generally, they can close within 7 business days after you accept the purchase offer. Remember, if you are about to lose your home, wouldn't it be a better scenario to sell the property and move on with your life?
The key to dealing with foreclosure is to access your situation immediately, and accept the fact that you cannot put off dealing with it. So many foreclosure clients come to us 24 hours before their foreclosure is finalized, and it's not always possible for us to save their home or credit at that time. The sooner you can determine whether your financial situation has improved, will get better, or will not get better, will enable you to get the help you need.
Remember, when you need to Stop Foreclosure, go to:
http://www.stop-foreclosure-hotline.com
Now, let's assume you have worked with Sterling Property Solutions, and your foreclosure is a thing of the past. We have thwarted having a foreclosure on your credit file, but there's still a lot of work to do to get your credit back to where it needs to be. Afterall, if you don't have decent credit in today's world, you absolutely pay more for everything.
So how does one accomplish getting their credit score higher. First of all, if you are behind on any bills, especially those that report to the credit bureau, you should bring those up to date ASAP. Order a copy of your credit report and look at all of the unpaid collections and judgements. Contact these creditors, and attempt to make payment arrangements, or even negotiate down the debt. Oftentimes, creditors will accept up to 50% or more of the balance - and mark the file paid in full or settled. When you have a debt that is reported incorrectly, you can dispute that entry, and the credit bureau must verify the debt and contact you within 30 days. If they are unable to verify the disputed debt within the reasonable time period, that debt will be legally removed from your credit report.
The next step to rebuilding your credit is to open one secured Visa or Mastercard account. Many companies offer secured cards, but the trick here is to charge a small amount each month - and pay it off before the due date each month.
All in all, facing foreclosure may seem like the end of the world, but it doesn't have to be. There are options available to homeowners, depending on their individual situation, that can enable them to keep the home, lease-back the home, or sell the home and move on.
Sterling Property Solutions wants to assist you during this situation. To determine the best solution to your particular foreclosure situation NOW, go to http://www.stop-foreclosure-hotline.com, and complete the form on the Stop Foreclosure page of the website. Upon receipt of your information, a consultant will contact you to discuss the matter further.
2006 © Chris Archer Inc. - All rights reserved
Author, Chris Archer has been operating home-based businesses for nearly 15 years, and now donates her time to mentor others. She can be contacted at chris@chrisarcherinc.com. Her website is http://www.chrisarcherinc.com, where entrepreneurs and home-based business owners can subscribe to her newsletter, for weekly advice and innovative ideas that can be incorporated into any business.
2006 © Chris Archer Inc. - All rights reserved
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