Stop Foreclosure: Protect Your Credit and Keep Your Home
John lost his manufacturing job six months ago in a round of
mass layoffs, and he's been unable to find consistent work
since. He and his wife had little in savings, and with every day
that passes they're getting further and further behind on their
bills.
Two months ago today, Mary's husband walked out on her and the
kids. Between childcare costs and other bills, she can barely
afford to put food on the table.
Every day thousands of people across the U.S. fall deeper into
debt, often through no fault of their own. Left unchecked, this
debt ultimately threatens their number one asset, their home,
through the process of foreclosure.
It doesn't have to end there, though. There are ways to stop
foreclosure, protect your credit and keep your home.
What is Foreclosure?
In most states, when you buy a home there are actually two
parties on the buying side: you (the mortgagor) and the lender
(the mortgagee). You own the home, but the mortgagee holds a
lien on the property for as long as the mortgage has an
outstanding balance. The lien gives the lender the right to
assume ownership of the property should you fall behind on
payments. That process by which the lender assumes ownership is
called foreclosure.
All other states use a deed of trust, which serves the same
purpose as a mortgage but actually involves three parties: you
(the trustor), the lender (the beneficiary), and a third party
(the trustee) who holds the temporary title on the home until
the full balance is paid. In these states, the foreclosure
process involves the trustee selling your home when you become
delinquent.
A key difference between mortgages and deeds of trust is in the
foreclosure process. With a mortgage, the lender must go through
the court system to foreclose on your home. Not so with a deed
of trust. The trustee must first fulfill certain requirements,
but is then free to sell your home without going through the
court system, leading to a much faster foreclosure.
How to Stop Foreclosure
Contact the Lender
Absolutely the first step to avoid foreclosure is to contact the
lender and let them know your situation. In many cases, they can
work with you to temporarily modify payment terms until your
situation is resolved.
Never, ever ignore late notices, letters or calls from your
lender. They would much prefer to work together with you to
resolve the situation, but will not hesitate to begin
foreclosure proceedings if it appears that you are unwilling to
work with them to avoid foreclosure.
Redo Your Mortgage
If you're still current on your payments, or not too far behind,
refinancing may be a viable option for you. Refinancing
will pay off your current mortgage and in many cases lower your
monthly payment at the same time. It can be the most
straightforward method to avoid foreclosure.
Sell Your House
This may be the toughest route to stopping foreclosure,
particularly if you still need somewhere to live, but it may be
the only way to stay out of trouble and prevent a black mark
from appearing on your credit record. If you need to sell fast,
there are home
buyers in your area who will allow you to do that. They can
close in 10 days or less, or on whatever timetable fits your
schedule, and allow you to walk away with cash at closing.
Be very, very careful, though. There is no shortage of people
who will use this opportunity to make a profit for themselves at
your expense. To keep yourself from falling victim to these
predators, be sure to read "We Buy Houses" Scams -- How to Spot Them
and How to Avoid Them.
Protecting Your Credit
Ultimately, protecting your credit must be your number one goal.
Your credit report will be with you for the rest of your life,
and having a foreclosure noted on it will cause problems for
many, many years down the road -- problems that only time will
erase. Take steps now to keep that from happening. It may be
difficult in the short-term, but the long-term results far
outweigh the alternative.