Avoiding Foreclosure

In trouble with your mortgage payments?
Many markets are seeing a rise in delinquencies and foreclosures. If you’ve missed payments on your mortgage or are worried about future payments, it’s easy to feel like you’re all on your own. With your house on the line, you may be tempted to hide and merely hope for the best. However, if you face problems quickly and directly you’re much more likely to avoid foreclosure.
It’s important to remember that foreclosure is also an undesirable endgame for lenders. Many mortgage companies would rather attempt to work with a delinquent borrower before resorting to the expense and hassle of foreclosure.
Identify the Timeframe of Your Financial Issues
Generally speaking, mortgage service companies provide one set of solutions for borrowers who have short term troubles and another set for those whose problems are more long term. Before you begin negotiating with the mortgage company, you should know which category your situation falls into.
For example, if you’ve been recently confronted by a costly auto repair, you may be in a crunch trying to meet a mortgage payment or two. Because the repair bill is a one-time expense, the mortgage issue is short term.
On the other hand, a change in employment or earning ability can be a longer-term problem, especially if your financial outlook is unknown.
Respond to Contact
Ignoring a problem rarely makes it go away. Unfortunately, in far too many cases borrowers fail to respond to their mortgage service company (the firm that collects payments and sends notices when payments have not been received). The first step in showing good faith is responding to the calls or letters regarding your delinquency. Many service companies have a foreclosure prevention department that is trained to empathize with troubled borrowers. So make initial contact, but be careful not to agree to any new terms hastily.
Get Outside Assistance
The mortgage company may offer up several different solutions initially, but the last thing you want to do is to agree to something new that may put you into even more of a bind down the road. Before agreeing to any new terms, you should describe your situation to an outside expert. Seek outside help in the form of a real estate attorney, credit counselor or a housing counseling agency.
Document, Document, Document
The most caring mortgage lender in the world still sees things largely in black and white, so it’s important to gather as much information as possible. Begin by collecting all correspondence from the mortgage service company. Keep envelopes when possible, as sometimes the postmark of critical notices can affect a borrower’s eligibility for relief.
Document Income – Collect as much documentation displaying your income as possible. Lenders typically want to see at least one month of income, but get together as many consecutive recent pay stubs as possible. Find your last two to three tax returns and W2 forms. Also include three to six months of bank statements.
Document Expenses – Assemble all bills, paid or unpaid, from the time you began to fall behind in payments until now. Include utilities, credit card bills and auto payments. It’s particularly important to show any of the reasons that you may have fallen behind in the first place (such as unexpected repair or medical bills).
The documents will likely help tell the story of why you fell behind on your mortgage payments. Now it’s up to you to fill in the blanks with the human element. Write down all of the circumstances that lead to your current situation, and you’ll be better prepared to explain yourself to the powers that be.
Possible Solutions
Depending on the number of payments missed, the size of the loan and the financial outlook of the borrower, the mortgage company has a variety of potential solutions that it may offer.
Repayment Plans – If you haven’t missed many payments, the mortgage provider may work with you to form a repayment plan that allows you to pay off the past due amount bit by bit (in addition to your regular mortgage payments).
Reinstatement – Should you be experiencing a temporary shortfall of cash, your lender may provide an extended period of time to pay of the past due amount. In most cases you will still be responsible for any late fees or penalties you’ve already incurred.
Forbearance – If you need temporary relief, the lender may offer a forbearance plan. A forbearance plan suspends or reduces your payments for a set period of time, with the unpaid to be paid later in either pieces or one lump sum.
Loan Modification – Longer term financial problems that affect overall income are sometimes solved by loan modification. Any term of a mortgage may be modified by a lender: the rate, the payoff date, and even the total amount owed. A lender may modify the terms of the mortgage if you cannot make payments under the current agreement, but the lender is reasonably sure that you will be able to consistently make future payments under new terms. Modifications are extreme measures and are used sparingly, but are an option for lenders who conclude that foreclosure would be more costly.
Be Relentless, but Realistic
Most mortgage service companies are essentially divided into two branches. The first tier is the collections department, whose job is to track down delinquent borrowers and recover back payments. The second division is the foreclosure prevention department (sometimes called loss mitigation, delinquency customer service or loan resolution). This second tier is responsible for making the tough decisions.
Getting past the collections agents and to the loss mitigation department is critical. The help of an attorney can be crucial in gaining you such access. When you do get through to a loss mitigation agent, tell your story and answer all questions about your income and expenses, and request an application for forbearance or modification.
While the hope is that the lender will offer mitigation, you should be prepared for the worst case scenario: that you will have to move out. However, if the lender does over loan resolution, they likely will push you to make a quick decision. Instead take time to consider it with an advisor before agreeing to anything.
Reprinted from Re/Max MonthlyNewsletter, November 2007 Issue