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Wednesday, June 25, 2008

Avoid foreclosure altogether

First of all, let us understand what is meant by the term 'Foreclosure'. When you decided to buy your house, you entered into a contract with your mortgage lender wherein you agreed that if you can not repay the loan, the lender can foreclose the account and take ownership of the house. If you fail to pay your monthly mortgage repayment, you are in default on your mortgage. State laws vary, but generally, a loan that has arrears of 90 days can be a fit case for foreclosure.

You will receive a notice from your lender indicating that they are initiating foreclosure proceedings. The moment you receive such notice or even as soon as you realize you are having trouble paying the mortgage, you will have to take immediate steps to prevent a foreclosure. A situation leading to foreclosure arises due to various factors such as improper finance planning, sudden loss of employment, major illness or physical incapacitation of the borrower, bereavement of a key member of the family etc. When you are confronted with a crisis of such magnitude, you obviously are not in a fit frame of mind to think of ways to avoid foreclosure.

If you are unable to make your mortgage payment, never ignore or postpone the problem. The more you delay taking remedial measures, the more likely you will lose the house. Please bear in mind that your lender is more interested in receiving your payments and not confiscating your property. Quite often lenders come out with valuable suggestions to help borrowers facing financial problems. The initial foreclosure notice you receive may even contain valuable advice and worthwhile information about avoiding foreclosure that can help you surmount your financial problems. Therefore the object lesson is not to disregard the foreclosure notice.

Carefully read the loan documents again and find out what your lender may do if you are not able to make your payments. Learn about the foreclosure laws and timeframes pertaining to your state as every state has different laws in United States. If you need assistances, you may contact the State Government Housing Office. Talk frankly to a housing counselor as you may be able to find ways to overcome your financial difficulties before foreclosure becomes a reality. The U.S. Department of Housing and Urban Development (HUD) offers housing counseling nationwide. Housing counselors can help you understand the law and your options, organize your finances and represent you in negotiations with your lender if you need this assistance.

As stated earlier, lenders only want you to settle the loan and do not want to take possession of your house. Keeping this in mind personally call on your lender as most of them will sincerely help you retain your home. They will be supportive and suggest certain practical ways for you to solve the problem. If you have certain assets like a second car, precious jewelry or other valuables, you can sell and raise cash. If any one in your household can get an extra job, he or she may bring in additional income to help liquidate the loan. Review your finances and see where you can cut spending in order to make your mortgage payment. These efforts may not significantly increase your available cash or your income, but such initiatives will demonstrate to the lender that you are serious about keeping your home.

There are firms who may claim they can stop your foreclosure immediately if you sign a document appointing them to act on your behalf. Be extremely careful as quite often you may end up paying heavily. Never sign any legal document or enter into agreement with such firms without professional advice from an attorney or a trusted real estate professional.

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