How to Beat a Foreclosure on a Home

By John O'Mahony

Beat a Foreclosure on a Home Beat a Foreclosure on a Home

Rate: (20 Ratings)

Even with a strong national economy, low unemployment and low interest rates, Americans are always subject to dealing with mortgage lenders arriving to foreclose on their homes. Housing experts say that the ease with which homebuyers, even those with bad credit, have been able to get mortgages over the years is the most common culprit of foreclosure. As a result, many buyers have overextended themselves, taking loans with unfavorable terms even when the housing market dictates extremely high price tags. Homeowners can and do beat foreclosures on their properties–-but only when they act the moment they begin to experience financial difficulties.

Instructions

Difficulty: Moderately Challenging

Step1
If you’re going to have trouble meeting your mortgage payment, call your mortgage lender immediately. Swift action may prevent the loss of your home.
Step2
Mortgage lenders will always want to work with you and help you find a way to keep your home. That’s because they’re in the money lending business not the real estate business.
Step3
If your mortgage lender has not had a payment from you for a month or two, and if they haven’t heard from you, they will assume you do not intend to pay them. In that case they will feel justified in trying to take back your house.
Step4
If you are in serious financial difficulty, you should seek professional assistance and/or legal counsel to best protect your investment and your home.
Step5
Before you call your lender, be ready to discuss your financial problems. They will need all the information you can give them in order to help you.
Step6
Make notes about your income and outgoings so you will be better able to answer questions. It will impress the lender if you seem to be making a sincere attempt to tell the truth about your situation and get your finances under control.
Step7
There are a number of ways in which your lender may be able to help. If you get in touch with a lender before you miss a payment, the lender might offer forbearance. This means they would put the soon-to-be-missed payment at the back of the loan, allowing you to skip a month and not getting a mortgage late on your credit. This is why you need to contact your lender if you've lost a job or had some other short-term setback. In fact, your lender may allow you to skip several payments and give you time to get back on your feet.
Step8
Ask your lender about restructuring your loan. Since the lender knows that mortgage payments are the last payments a person will let slide they already realize you are probably having a few other financial problems.
Step9
If you have some equity in your home, a lender may allow you to restructure your loan to lower the monthly payments. If you’ve missed some payments they may even agree to add the past amount due into the new loan.
Step10
Ask your lender about helping you get a one-time payment from the government’s FHA-Insurance Fund to bring your mortgage current. You may qualify if your loan is at least 4 months delinquent, but no more than 12, and you are able to begin making full mortgage payments.
Step11
If your problem is so serious that it can’t be resolved in a reasonable amount of time, it may be better for you to sell your home and find one with more manageable payments. In that case, sell the home, pay off both the mortgage balance and your delinquent debt, and avoid foreclosure.
Step12
If you can’t sell your home it may be possible to sign it over to a lender. This is considered a voluntary foreclosure and could damage your credit record. You will lose your home, but you will not be held liable if the home sells below the debt amount.
Step13
The last resort, when all other options fail, is to declare bankruptcy, since foreclosure proceedings are usually stopped until a bankruptcy is resolved. This may save your home although it will damage your credit record for at least 7 years and you will lose control of your finances.

Tips & Warnings

  • If you lose your home you should try to figure out what caused you to fall behind in your payments so you will not end up in debt again.
  • Keep the number of a Dept. of Housing and Urban Development (HUD) approved counseling agency handy since they offer many free services that could help you. Call (800) 569-4287 or TDD (800) 877-8339 for the housing counseling agency nearest you.
  • Beware of scammers who prey on those in financial difficulties, such as buyers who try to rush you through a sale and phony counseling agencies that say they can get you out of trouble for a small fee. Solutions that sound too good to be true usually are.

Comments

| View All Comments
Flag This Comment

on 3/1/2008 Or you can just let the home go. A foreclosure looks better on credit than a bankruptcy.

Flag This Comment

on 3/5/2008 We are losing our home to foreclosure, and have done many of these steps. I am so sad, and wish First Franklin would have worked with us better instead of rushing to foreclosure and repeatedly lying to us. Way to go, First Franklin, for throwing a disabled gal onto the streets.

Flag This Comment

on 3/1/2008 apart from the suggestion to seek legal counsel and file personal bankruptcy, I don't know of anyone who has had a problem and can't make their mortgage payments to EVER be able to resolve it with the lender once they realize they are in trouble. In fact, just the opposite happens. The lender often realizes they may be foreclosing, and usually start to pressure the homeowner to not only bring payments current, but telling them they owe all late charges too - and that's before the loan is in default. I wish lenders would be more willing to take payments onto the end of the loan, and work with the homeowner to really understand their problem and offer them assistance. I has been my personal experience and that of other people I know that the lender does not ever try to help a homeowner. I'd like to know why you suggest that when, frankly, I have never known alot of your suggestions t

Flag This Comment

on 10/15/2007 John,
This is a great ehow article and right now with foreclosures at an all time high, homeowners really need more information like this. In my experiences I have found that often people in the earliest stages of foreclosure are in the best possible position to save their home. The worst situation is when a homeowneris too embarassed or ashamed to admit their difficulties and ask for help. This is so important as it could mean the difference between saving their home and losing it. Thank you for this ehow, I imagine there are many people out there who can attest to the importance of this information.

Regards,
Melissa
www.estreetloans.com

View All

Post a Comment

POST A COMMENT

Request a New How-To Article

Looking for more How To information? Chances are there’s an eHow member who knows how to do what you’re looking to do. Submit an article request now!

eHow Article:  How to Beat a Foreclosure on a Home

eHow Member: John O'Mahony

John O'Mahony

Authority Authority | 4480 Points

Category: Legal

Articles: See my other articles

Related Ads