Some Options For Those Facing Foreclosure
January 30th, 2010 |
These are some of the options one can take for those facing foreclosure:
1. Do something:
-Call the lender and try to arrange a loan modification, Refinance, short sale, or Deed-in-Lieu of foreclosure.
-Loan Modification - A Loan Modification is a permanent/temporary change in one or more of the terms of your mortgage loan. Ideally, this will result in a payment you can afford. (You can do this yourself).
-See makinghomeaffordable.gov
-Short sale - A sale of a house for less money than is owed to the lender. Ideally, the lender agrees to accept the proceeds of a short sale and forgives the rest of what is owed. (You will likely need the help of a R.E. Broker & a R.E. Attorney).
-Deed-in-lieu of Foreclosure - (May only be available after a failed Short Sale attempt). Ideally, the lender accepts ownership of the property in place of the money owed on the mortgage. (You will likely need the help of a R.E. Attorney).
Consult with an attorney regarding:
-Foreclosure Defenses - Such as a Lack of standing, TILA violations, RESPA violations etc.
-Bankruptcy - Such as Chapter 13- which is a type of “reorganization” used by individuals to pay all or a portion of their debts over a period of years using their current income. The most important thing about a chapter 13 case is that it may allow you to keep your home if you can make the payments which the bankruptcy law requires to be made to your creditors.
-Deficiency Judgments - Generally, a judgment for the amount a homeowner owes the lender after a house is foreclosed upon and sold by the creditor for less than the actual amount still owed.
2. Do nothing: Walk away OR
-Stay in your home until you it is sold.
-Pay or go calculator: http://www.payorgo.com/
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Robbie L. Vaughn, Esq. is a Long Island Real Estate & Bankruptcy Attorney. He is also a Real Estate Broker with Bayview Estates Realty of Long Island.
http://www.bayviewestatesrealty.com
70 West Main street, East Islip, NY 11730
631-277-4907 or 631-780-4758
http://www.Rlvaughnlaw.com
We are a debt relief agency and a law office that helps people file for bankruptcy relief under the United States Bankruptcy Code. This is not legal advice.


One Response to “Some Options For Those Facing Foreclosure”
By Anna K. Kulbinski on Jan 30, 2010 | Reply
You have very informative articles for our current market conditions. Keep it up! Anna