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Through no fault of your own, you may be facing one of the
greatest challenges of your life; how to prevent your property
from being foreclosed upon.
Why let the bank take your most valued asset and leave you with
nothing? Fortunately, alternatives exist. In fact, there are
seven ways you can avoid foreclosure. They are:
1. Refinance
2. Bring your mortgage current
3. Create a “workout” with the bank
4. Declare bankruptcy
5. Create “shared equity”
6. Transfer title
7. Sell the property quickly
Let’s discuss each option-what it is, and the pros and cons of
using each one:
1. Refinance
In today’s marketplace, there are many different types of
financial institutions that lend money. Although you may not be
able to refinance with your local bank due to your current
situation, there are many mortgage companies and lenders who
specialize in creative financing solutions. That’s how they can
compete with the big banks. They are often able to review your
situation and find a solution to your needs. It is true that
the loan you get will probably have a higher interest rate than
a regular loan. But if you have a good amount of equity in your
property, the ability to refinance will most likely be a good
option that’s available to you.
2. Bring your mortgage current
I know what you are thinking: “If I could bring my mortgage
current, I wouldn’t be in this situation!” That may be true,
but have you investigated every possible way that you may be
able to get the funds? Can you borrow it from a friend, family
member or co-worker? Can you sell something? Does your employer
have any hardship loan programs? Brainstorm with family members
or close friends. The more you think about it, the more likely
it is that someone will remember or come across a solution.
3. Create a workout with the lender
The lender does not want to foreclose. That’s because lenders
are in the business of having their money at work in loans, and
not sitting in a property they have taken back through
foreclosure. Not only is that a black mark on the lending
institution, but it hurts their financial picture as well.
Therefore, in many instances lenders are willing to do
“workouts” (also known as a forbearance agreement). What this
means is that they are willing to work out the back payments
that are owed, until you become current again.
A typical workout would be the lender taking the full amount of
your back payments and dividing that number by 12 or 24. They
would then add that amount to your current payments, until you
are paid off. When considering a workout, you’ve got to be able
to make that extra payment each month or you will be right back
where you started-in the foreclosure process for the second
time. At that point, the bank will not look very favorably upon
your situation. It’s best to work with a workout
specialist…someone who has done workouts before and knows the
“ins and outs” of the lending business.
4. Declare bankruptcy
Declaring bankruptcy is a viable option to being foreclosed
upon, but it should be used only as a last resort. Also, use it
only if you know that you will be able to keep up with the
future loan payments. Otherwise you’re just postponing the
inevitable, and the longer you wait, the less money you will
walk away with from your property. A bankruptcy will be
reported on your credit report for seven years. The bankruptcy
will also be reported in the financial section of the
newspaper-it’s a requirement from the bankruptcy court.
Declaring bankruptcy is also costly. When declaring bankruptcy
you will have the option to declare either Chapter 7, 11 or 13
bankruptcy. These refer to different parts of the bankruptcy
law, and relate to whether you are somewhat in debt and need to
renegotiate with lenders, or whether you truly are going to
walk away from your debts. However, be warned that because you
can only declare bankruptcy periodically, certain future debts
might not be eligible for even bankruptcy protection. The point
is that bankruptcy should be your route of last resort. If you
truly have no other alternative, call us and we will give you
the names of two or three reputable bankruptcy attorneys.
5. Create shared equity
To create shared equity, you borrow the money from an investor,
in order to make up your back payments. In return for bringing
your loan current, you give the investor a certain portion of
the equity in your property. You are giving up part ownership,
in return for keeping part ownership: That beats giving the
whole thing over to your lender.
Of the seven methods to avoid foreclosure, this is the most
difficult to accomplish, because there are not many investors
who are willing to risk money (the back payments) on an
individual who has a history of not paying.
6. Transfer title
This is a form of property sale. It’s called a “subject to”
transaction. An investor offers to make up your back payments
and take over your property, subject to the existing mortgage.
The title of the property goes into the buyer’s name, though
the mortgage stays in your name until the loan is paid off.
This could take as little as thirty days, or as long as three
years. You may ask, “How do I know the investor will make the
payments?” The answer is quite simple: He has just made up all
of your back payments; he now has a financial stake in the
property. It only makes sense that he makes your payments to
protect his investment.
This type of sale is becoming quite common. The benefits to
you:
· You don’t have a foreclosure on your record;
· You may get some cash immediately to start fresh;
· You immediately solve your looming foreclosure; and
· Your credit gets built back up through no effort of your
own
because the investor makes up your back payments and begins
making your monthly mortgage payments on time every month.
Before long, your credit score is once again in good
standing.
7. Sell your property quickly
Sometimes people just want to walk away from a bad situation,
and leave everything that reminds them of that situation
behind. In this case, you sell your property outright, collect
any equity that you have in the property and start over again.
One great thing about time is its ability to heal wounds. Yes,
things may be bad now, but as Johnny Cash always said, “This
too shall pass”. It may be time to face what is happening and
act in your best interest right now for a better tomorrow. You
can sell your property through a real estate agent or directly
to an investor. Selling directly to an investor will save you
the commission that you would pay to a real estate agent and
more importantly will save you time. A real estate agent
sometimes takes three to six months to find you a buyer. If for
some reason that buyer cannot get financing or close on the
property, you might be left in a real bind.
The three to six months (or eight to twelve months in this
market) that a real estate agent may take to find a buyer could
be longer than you can afford. That’s because once your lender
has set a date for the foreclosure, it will foreclose on that
date, regardless of whether your buyer needs more time. In many
situations, investors like can pay cash and can close
quickly.
Steve Teta
Steve Teta is the owner and Founder of STS Real Estate
Solutions, LLC and is an active real estate investor and
wholesaler. To receive more information and your FREE report
entitled How To Buy A Wholesale Deal Without Taking A Bath go
to:
Source: http://www.stswholesaledeals.com
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