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How to Prevent Your Home From Going Into Foreclosure

03.17.11

How to Prevent Your Home From Going Into Foreclosure


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Home Page > Law > National, State, Local > How to Prevent Your Home From Going Into Foreclosure

How to Prevent Your Home From Going Into Foreclosure

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Posted: Jul 07, 2008 | Views: 108 |



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If you are having trouble making payments on your home these days, you are not alone.  A recent report from RealtyTrac, Inc. says foreclosure filings are up 48% from a year ago. States which have been hardest hit by foreclosures in 2008 include Nevada, California, Arizona, Michigan, Florida, and Colorado.

 

Adding to these concerns, a new study released by Harvard University says the U.S. housing market is the worst in 50 years. The study notes the mortgage market meltdown, steep rise in foreclosures, the decline of new home construction, falling home prices, and mounting job losses have all converged to make recovery from the current real estate climate more difficult in the days ahead.

 

For homeowners who are on the verge of defaulting on a mortgage obligation, the sooner action is taken to protect a home the better. The following steps could be helpful to avoid a foreclosure:

 

1) Review the terms of your mortgage or deed of trust. Go over the sections pertaining to default and seek advice from an attorney. There are a number of attorneys who specialize in real estate law who are knowledgeable about the foreclosure process in each state and they are best qualified to advise you on your rights. Some might offer free initial consultations. Additional assistance might also be obtained through non-profit legal aid organizations and/or low cost legal services. Check with the bar association in your state to see what services are available.

 

2) As soon as you realize you can’t make a payment, contact your lender directly and discuss and weigh all options with them. It might be possible to refinance or modify the terms of your payment schedule. Check to see if your lender offers and if you qualify for a forbearance agreement. This would enable you to temporarily postpone payments for a certain period of time without your lender filing a notice of default and initiating foreclosure proceedings against you. If your situation is dire and you realize you won’t be able to make payments for an extended period of time, see if your lender will accept a deed in lieu of foreclosure. Through this process, you will basically deed your home over to your bank or lien holder and can avoid a lengthy foreclosure proceeding.

 

3) Talk with counselors of national programs such as HOPE NOW. It is an alliance between lenders, credit and mortgage counselors, and investors. HOPE NOW can assist distressed homeowners by providing streamline measures and options to prevent foreclosure. Visit http://www.hopenow.com/ for more details.

 

4) Proceed to sell your home. You can utilize the services of a real estate professional in your local area or post your property online through any number of for sale by owner websites. Even if you don’t get your asking price, it is possible your lender may agree to a short-sale. This means you sell your property for less than the outstanding balance owed, but your bank or lender agrees to accept the proceeds as full satisfaction for the debt. Not all lenders will accept a short sale and most have certain procedures that must be complied with. 

 

5) As a last resort – file for bankruptcy. Once you file a bankruptcy petition, it will automatically stop the foreclosure process. Depending on the type of bankruptcy you file, you may be able to work out a payment plan to keep your home. However, understand that once you file for bankruptcy, it can be reflected on your credit report for seven to ten years.

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Carrie Anna Criado is a staff attorney and Director of Public Relations for USLegal, Inc., a multi-faceted legal publishing company which owns leading legal websites including USLegal.com and USLegalForms.com. Criado is licensed to practice law in Texas and Tennessee.

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How long does home foreclosure take ?
I am Cdn marrying a US. Moving to US My credit score is 800 his is so low – foreclosure on home, prior bankruptcy. Ths was over 3 years ago. When we marry do I “inherit” his bad credit
I am in the process of lising my home and a foreclosure my loan has been closed for 5 years. the interest rate on my loan is very high. is it possible for the bank to cosidr giving me a new mortgage

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foreclosure, mortgage, deed of trust, real estate, refinance, forbearance agreement, notice of default, credit and mortgage counselors, hope now, short sale, bankruptcy, credit report, carrie anna criado, uslegal, uslegalforms com

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Avoiding Foreclosure – What Are the Alternatives

03.16.11

Avoiding Foreclosure – What Are the Alternatives


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Home Page > Finance > Avoiding Foreclosure – What Are the Alternatives

Avoiding Foreclosure – What Are the Alternatives

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In these economic times the percentage of foreclosures in America is on the rise. The homeowner who is facing foreclosure of their primary residence has several options in an attempt to avoid foreclosure. They can negotiate with the lender in an attempt to refinance the loan, get a short sale approved or deed the residence back to the lender in lieu of foreclosure. If the lender is unwilling to negotiate with the homeowner or their representative then there are options of filing a Chapter 13 bankruptcy or a reverse mortgage if the property in jeopardy is an investment property. Even with all of these options at the disposal of the homeowner there still must be a determination by the homeowner of if they indeed wish to save the home from foreclosure or to just allow it to be foreclosed on.Once foreclosure becomes evident, first and foremost the homeowner must make the determination if they in fact want to try to keep the home, if they are financially able to save the home or if it would be more feasible to allow the home to go into foreclosure. Most homeowners attempt to avoid foreclosure due to the misconception that they will save their credit rating if their home is not foreclosed on. Unfortunately this is not correct. Once the homeowner has missed four continuance payments on the mortgage their credit report will already reflect in a negative manner equal to a foreclosure. If the homeowner’s only reasoning for saving the home is to save their credit rating they are already hindered. Most homeowners want to save their home because they need a place to live and need assistance to get out of a situation which millions of American have gotten themselves into.

If the homeowner wants to avoid foreclosure and it is not too late in the process, the auctioneer is not at the front door, then the homeowner can open a line of negotiations with the lender in an attempt to refinance the existing loan. The lender will look at the homeowner’s credit rating at the time of the negotiations – are there any other bills outstanding, are they in any other financial distress – and if there is equity in the home (approximately 25-30%). In addition the lender will look to the amount of time the homeowner has gone without making a mortgage payment. Sometimes the refinancing will be as simple as moving from an ARM loan to a fixed mortgage rate or if there is a FHA loan involved the homeowner could qualify for a partial claim. A partial claim is when the loan is brought current and a lien is placed on the property for the outstanding amount owed until the property is sold or refinanced. Normally, with most negotiations a forbearance agreement is used by the lender in which the homeowner is allowed to delay or reduce payments for a short period of time with the understanding that another option will be used at the close of the time to bring your account to a current status. It is a temporary cease of any and all legal action against the homeowner until a plan of action is determined. This step of refinancing to avoid foreclosure must be used early on in the process. The homeowner must move quickly once a Notice of Default is initiated.

If the homeowner has made the determination that they will not be able to keep the property there are a couple of options that they can attempt to negotiation with the lender. The first is a short sale. A short sale is when the homeowner’s property has been de-valued below the mortgage leaving a shortage between what the current market value of the property and the present mortgage on the property held by the lender. With the lenders agreement the homeowner can sell the property for the fair market value and the deficiency in the mortgage is then considered unsecured. At this junction, the lender can either go after the homeowner for the rest of the unsecured debt through either filing suit themselves or selling the note to another to collect the debt for them. The lender could also forgive the debt altogether. When the debt is forgiven the homeowner is taxed on the amount forgiven as the amount is considered income to the homeowner. The recently passed 2007 Mortgage Forgiveness Debt Relief Act provides non-recognition of the income, which would otherwise be includable. Of course the forgiveness of the shortage of the mortgage is up to the lender. If the lender refuses to forgive the shortage the homeowner has the option to have the short sale of the home and then file a Chapter 7 bankruptcy which would discharge all outstanding debt that the homeowner has including the shortage on the mortgage which had become an unsecured debt upon the short sale.

Another option for the homeowner if they are not going to keep the home is a deed in lieu of foreclosure. The lender again must approve this process and in which the homeowner basically deeds the home over to the lender in satisfaction for the loan in full. In this situation the homeowner will not have the shortage as described in the short sale however the lender will now own the property. This is sometimes a more difficult negotiation for the homeowner to the lender. The key to this in the negotiation is to relate to the lender the expense they are saving from going through the foreclosure against the fact that the property could be sold in the near future. Unfortunately a deed in lieu of a foreclosure can only be perfected when there is no second or junior lien holder on the property.

Unfortunately, in most circumstances the homeowner has waited too long and the time for negotiation is long past when they walk through the attorney’s door for help. In most cases the homeowner has already received the Notice of Default, several demanding letters and the letter that foreclosure is eminent. In this situation the homeowner who wants to keep their property or at least get some breathing room in order to decide what to do has the option of filing a Chapter 13 bankruptcy in order to avoid foreclosure. The Chapter 13 gives immediate protection in the form of an automatic stay. An automatic stay stops all foreclosure processing immediately upon the filing of the Chapter 13. The homeowner will then have an opportunity to make a repayment plan with the lender in which the lender would receive 100% of the missed payments over 36-60 months. Of course the debtor must stay current with all mortgage obligations at the same time as paying back the default. In addition the Chapter 13 will allow the debtor to look at their entire financial situation and any unsecured debt that they have such as credit cards, medical bills, judgments or personal loans can be repaid at a small percentage of the total amount owed within that same 36-60 month pay back period. This would allow the debtor to have more disposable income. Depending on the type of property being foreclosed on and the debtor’s situation, a Chapter 13 bankruptcy could also make available such actions like a “cram down” of the mortgage if the market value of the property is far below the present mortgage. These should be discussed with your attorney, as each situation is different.

These economic times have left many Americans in dire situations in which they must make decision they never thought they would have to, like whether to keep their home or not. When someone finds himself or herself in such a situation the key to survival is not to ignore it. All of the letters and notices from the lender should be red flags to the homeowner to find help. The best help that they could find is a professional early on in the process to guide them and help with the best possible avenue for them to avoid foreclosure.

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The forgoing article on avoiding foreclosure was drafted by the Law Office of Goldstein and Clegg a Massachusetts law firm concentrating in Bankruptcy practice.

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How many times can you file a chapter 13 bankruptcy ?
Is 18% contingent fee fair. This is a Non formal Chapter 13 Debt Resolution? 18% is based on the original balance of resolved acct. I’m not sure what’s the norm?
If government grants are available to anyone in debt without the capacity to repay those debts, why do debt relief companies require a certain amount of weekly income to be eligible for g’nt grants

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Stop Foreclosure

03.15.11

Stop Foreclosure


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Home Page > Finance > Real Estate > Stop Foreclosure

Stop Foreclosure

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Posted: Apr 14, 2009 |Comments: 0
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Here is a list of 10 things that might help you stop foreclosure, before you even get a foreclosure warning or a ‘late payment’ letter.  It’s not a ‘to do’ list, it’s actually a ‘NOT to do’ list…but follow this like it’s the 10 commandments, because each and every one of these offenses has the potential to send you hurtling over the edge of financial despair.

1. Do NOT fail to accrue savings for an emergency.
Many wants and needs face each of us each day. Every dollar we earn seems to have its path determined before it comes to our hand. This often results in people putting aside little or no savings for a rainy day. Yet, rainy days do happen, that fact we know. I would love to see homeowners with six months of mortgage payments in savings. As a minimum people should have one to three months of mortgage payments as a reserve to help stop a foreclosure.

2. Do NOT get caught without a Home Equity Line of Credit in place.
If something comes up forcing you to stop a foreclosure you will need money fast but the options may be gone by then. At least 90% of foreclosures could be prevented or delayed if home equity lines of credit were previously activated. Setting up an equity credit line can often be done for no cost and can lock in rates as low as 4%. In most cases you pay nothing each month if you do not access the line. No one ever expects sudden health problems, loss of a job or emergency requiring funds fast. By definition, these unforeseen events might prevent obtaining a loan once they occur. By setting up a home equity credit line before you ever miss a mortgage payment, you will have money when you really need it. No reason to fill out an application again, just write yourself a check. When things get back in order, pay back the line and then use it again the next time. Just be careful not to use the line for frivolous purposes and you will love your home equity credit line – especially if you never have to use it.

3. Do NOT miss a mortgage payment.
This may seem like a “no-brainer”, but every foreclosure traces its origin to missing one mortgage payment. Keep these things in mind here:

1. Skipping a mortgage payment ranks as a far more serious issue than missing a utility or credit card payment. Consider not spending on non-essentials, ignoring a different bill or using savings before letting a mortgage obligation pass.
2. Once you have missed a mortgage payment you have started down a slippery slope and missing a second, third or forth payment becomes easier from a psychological point of view.
3. Once you have missed a mortgage payment, your credit suffers an immediate blow, which may stop you from getting the loan you need to save your house. While some foreclosure prevention loans remain options deep into the foreclosure process, how much you can borrow decreases with each corresponding decrease in your credit score. Often the difference between what you could have taken as proceeds from a foreclosure prevention loan or refinance before you miss your first mortgage payment and the loan available after missing several payments means the difference between keeping or losing your home.

4. Do NOT fail to ask for help.
Some say, “A friend in need is a friend indeed” but when it comes to trying to stop a foreclosure, pride must take a back seat. Fear, shame and embarrassment just touch the edge of the deep emotions that affect someone losing their home to foreclosure. The last thing someone in foreclosure wants to do is admit to a parent or sibling that they have gotten into such trouble. Yet no one other than a parent, sibling or close friend would stand by your side and help you through an experience as difficult as a foreclosure. Remember these items:

1. People will learn of your situation when it hits the papers or when you have to move out of the house, wouldn’t you rather they heard the news from you first?
2. Most people whom you care about will be more understanding than you expect and will not try to make you feel like a failure.
3. You may be surprised at what kind of help will be offered and the difference it can make in saving your home from foreclosure and making you feel better about the whole situation.

5. Do NOT ignore the lender.
Somehow getting behind on a mortgage comes with a built in belief that phoning your lender constitutes a sin or that a call to a lender will result in their ripping your head off right through the chord. In truth, most lenders appreciate knowing why you are having trouble and like updates on how things are going, especially when your problems have justified reasons like health issues or the loss of a job. Treat letters from your lender as wake up call from a concerned neighbor rather than a threat from a bully. Remember – banks want to help get you back on track, they want their payments not your house. If you do not think you can talk to them yourself about a plan there are professional foreclosure negotiators who can help if you have fallen behind.

6. Do NOT deny you have a problem.
The technique most commonly employed to deal with a foreclosure or financial crisis remains the “ostrich” method of ignoring the problem. A related option involves reacting to the issues by losing hope and giving up. Following these paths will surely lead to never stopping the house foreclosure. From the time one evens thinks a payment will be late only a limited amount of time exists until the foreclosure auction and with each passing day more options become unavailable. Face the problems, deal with them, and find solutions.

7. Do NOT think you have no options, Do NOT fail to take advantage of them.
You may believe, or your lender may lead you to believe, that you must pay them in full or lose your home to foreclosure. In fact, many options exist which will allow you to keep your house and stop the foreclosure proceeding without paying all of your arrearage at once. Some choices may even reduce what you owe on your property by tens of thousands of dollars. Almost everyone has some options and the sooner you act the more options you have. As the foreclosure date gets closer, options continue to become unavailable until by the foreclosure date only payment in full or a bankruptcy filing remain. Read more about what foreclosure prevention options you have and take action as fast as you can.

8. Do NOT spend what money you have on other bills.
After missing mortgage payments for 3 or 4 months a mortgage company may “call” or “accelerate” the home loan. Once this happens they no longer take a single monthly payment, instead insisting all back payments be made at once. While other options short of paying all arrearage may be negotiated, the biggest mistake people make at this time involves allocation of what little cash they do have. It almost seems natural since the mortgage company says they do not want your money, and the second mortgage company, credit cards and others call everyday demanding money, the proper thing to do it pay the others. If there are ten people calling, making nine happy means fewer calls for you and less headaches in the short run. In the bigger picture this represents a critical mistake. At some point you will need those funds to save the house. Many methods exist to stop a foreclosure but they will all require money. Ask yourself this, “Would you rather lose your credit cards or loose your house?” If you want to keep the house and you cannot pay what they want just save what you can, you will likely need it for whatever steps you might take to save your home. For much more on this subject read “Who to pay when you can pay everyone”.

9. Do NOT stop making payments.
You’ve missed a mortgage payment. Now comes the second month and you get a bill for two payments. Part way thought the month you have the money for one payment, but the bill says you owe two so you do nothing. Think carefully before you fall into this trap. There will come a time when the bank will demand you pay all you owe them and they will take no less. Until the bank refuses to take your money consider making what payments you can. This will show the bank you intend to pay them and show them efforts are being made. More importantly if over four months you made only two payments you may be only 60 days behind, while that may not make the bank happy, it may not meet their criteria to start a foreclosure. Keeping in touch with the bank and making some payments can delay the start of foreclosure many months. Hopefully during that extra time you can solve the underlying problems and avoid ever having a foreclosure. On the other hand, if you have no hope of ever keeping the house anything you pay to stay longer should be viewed more like rent, which may or may not make sense depending on your personal circumstances.

10. Do NOT miss bankruptcy filing deadlines.
Proper filing of a Chapter 13 Bankruptcy always stops a foreclosure in its tracks. When a Chapter 13 plan to pay back creditors meets approval from the court and the debtor pays all the payments under the plan the foreclosure never starts up again. Failure to make payments gives the creditor the option of restarting the foreclosure when it left off before the Chapter 13.

1. Points to remember: You must file on time; failure to meet a filing deadline could result in losing your home.
2. You must make all payments required under the plan; otherwise creditor can start the foreclosure back up.

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I am Cdn marrying a US. Moving to US My credit score is 800 his is so low – foreclosure on home, prior bankruptcy. Ths was over 3 years ago. When we marry do I “inherit” his bad credit
Does bankruptcy affect foreclosure?
I am working as customer relation and training and development specalist. i need to creat some new ways for marketing and i don’t have any new ideas. can u help me to find some ideas to show my manage

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Current Home Prices – Why Home Prices are on the Constant Decline

03.14.11

Current Home Prices – Why Home Prices are on the Constant Decline


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Current Home Prices – Why Home Prices are on the Constant Decline

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Home prices have been on a steady decline since the housing market crashed in 2006. Since that time current home owners have seen their home prices decline almost 8 percent since January 2008. People hit the hardest seem to be the same home owners who saw their property values rise to insurmountable amounts only to see the market fall off.

So what is driving the market to reach all time lows?

Foreclosures are a huge reason the market is declining so fast. Since 2006 the foreclosure rate in the United Stated has increased so significantly that nearly 800,000 houses are facing foreclosure. Rather than see some of the big mortgage companies go into bankruptcy many government officials feel that the new housing bill will help alleviate some of the pain.

California seems to have been hit the hardest with declines of almost 20 to 40 percent since 2000. When the market bloomed many homeowners in the California region took advantage of this. Many of those homes are now in foreclosure because of the reduction in property value and the high mortgage payments people were paying.

Tight lending practices are now being implemented all throughout the United States. Sure now that there is a crisis, now the banks are concerned about your well being. I would not go as far to say they are concerned but that they do not want to be bailed out of bankruptcy like Fannie Mae and Freddie Mac have been.

So is there a pot of gold at the end of this black rainbow?

Yes there is. For those people who did not refinance their properties now could be a great time to buy a property. Although many states saw a huge increase in foreclosures coupled with declining home prices the same states saw an increase in sales.

If you are in the Real Estate business and are looking for great deals then you do not have to look far. People that are excellent deal hunters are now entering the housing market taking advantage of the price decrease.


With a reduced demand for housing coupled with the fact that there are so many homes available on the housing market, this would be a great opportunity to find a great deal. If you are looking when to refinance a mortgage or if you are searching for the best home refinance then go to http://www.lowmortgageraterefinance.us for all your mortgage needs.

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What are the current gold prices ?
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Loan Modification- Serves Fruitful in Reducing Mortgage Payments & Avoiding Foreclosures

03.13.11

Loan Modification- Serves Fruitful in Reducing Mortgage Payments & Avoiding Foreclosures


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Home Page > Law > Immigration > Loan Modification- Serves Fruitful in Reducing Mortgage Payments & Avoiding Foreclosures

Loan Modification- Serves Fruitful in Reducing Mortgage Payments & Avoiding Foreclosures

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A loan modification reduces monthly mortgage payments and makes them more affordable for you. Loan modifications can be done whether or not a person is behind in the loan payments, based on his or her financial situation, current hardship, and ability to make smaller payments. Loan modification is a permanent change to the terms of your mortgage or home loan.  A loan modification can result in a lower monthly payment through an interest rate reduction, increasing the length of the loan, lowering of the principal balance, setting up payments for back-interest owed, or a combination of these options, lowering or fixing interest rates.

Loan modifications avoid foreclosure and this option is gaining in popularity as lenders realize that keeping homeowners in their home actually might save them money. Foreclosure is an expensive process for banks, and with the current downturn in real estate values, lenders do not want millions of dollars getting into foreclosures. Since the cost of modification can be much less than the cost of foreclosure, banks and lenders are often willing to negotiate reasonable terms and modify existing mortgage payment terms.

So you have made the right decision to go for loan modification according to what is discussed above. But filing it on your own can make you wait longer for things to get into shape and your loan modification to take place. Given the present housing crisis, banks and lenders have been overwhelmed with loan modification requests and are very difficult to work with. Consulting attorneys can help you through this ordeal and take the burden off of your shoulders. Attorneys know the way things are and they are in constant negotiation with many of the major lenders in the country.  This enables us to negotiate the lowest rate for your loan modification in the most expedient manner possible.  Most of the banks are already involved in predatory lending lawsuits, and want to make loan modification process run smoothly for our attorneys. Working with attorneys enables you to use progressive tactics to accomplish aggressive solutions. The attorneys can then examine your financial statements, income and expenses, as well as the lender’s expenses and terms, and negotiate to get you the best loan terms that fit your present financial situation.

How can I access that I need to go for a Loan Modification?

The first and foremost condition which can make you think about loan modification is the inability to refinance due to loss of equity, owing more than your home is worth. Next comes the inability to refinance due to late or irregular mortgage payments, then if you are facing financial hardship arising out of loss of job, loss of income due to divorce or a sudden death of a earning family member or due to medical expenses and a financial condition leading to foreclosure.

In any of the above cases loan modification can be applied for and doing it on your own could be trouble some for you to stick to your phone explaining your case again and again. There is a constant run for you from pillar to post including wastage of valuable time and in such a scenario, consulting an attorney can serve worthwhile for you to get loan modifications done that will reduce mortgage payments considerably and avoid foreclosures.

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Mark Haven is the author for this article that describes about how Loan Modification serves as a possible solution that reduces mortgage payment and avoids foreclosures during financial hardships. More Info visit www.stonehavenlaw.com

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How many times can someone apply for the Home Affordable loan modification program?
If i am employed and my husband is not . there is any possibility to get a loan modification? we are 3 months behind our mortgage
We received a loan modification from chase. They added 18 months of past due payments plus fees to our loan. This came to over $70,000. Is there anyway to get this forgiven in bankruptsy court?

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Auto Loan Refinancing With Bad Credit

03.12.11

Auto Loan Refinancing With Bad Credit


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Home Page > Finance > Loans > Auto Loan Refinancing With Bad Credit

Auto Loan Refinancing With Bad Credit

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Posted: Mar 16, 2009 |Comments: 0
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Anyone who has ever had bad credit, a bankruptcy, or any kind of debt trouble knows how hard it is to refinance, or even be approved for an auto loan. Banks and credit unions will make it almost impossible to get a loan that you can pay for with the situation you’re in. There are only a few available options to people in this kind of a situation: to have a co-signer, or to have an incredibly high rate auto loan. And even then, some of these options aren’t available to most people. Having a co-signer on your auto loan isn’t the easiest task: the loan affects that person’s credit history also, and if you can’t pay for the whole loan, they end up having to, and sometimes this just doesn’t work. Some people are able to get a co-signer, but to have one to even be approved, is ridiculous; not everyone can get one. The next option of accepting a loan with a terribly high interest rate also just doesn’t work. If you can get a better deal, go for it, and if you can shop around, by all means do it.

Although it seems like there are not many options for people with bad credit who want to refinance their auto loans, they may be forgetting one thing: the internet. Through recent years it has never been easier to be approved and to refinance your auto loans online, even within a few minutes. You have many, many more options than you ever would in what you could find in person at a credit union or bank. The best places to start are common search engines, and from there you can narrow down what you’re looking for by what kind of situation you’re in, be it bad credit, or even if you just want a lower rate auto loan and you’re looking to refinance online.
It is much easier to be approved online for an auto loan than it is in person at a bank or credit union. There aren’t any ridiculous requirements or uncomfortable questions. Some minimal requirements are all you need, and include being at least eighteen years old and having a relatively small amount of income. Even if you do have a bad credit history, you can still be approved. It can affect the rate of your loan, but with a good co-signer and the ability to shop around until you can find exactly what you’re looking for; you can find a good rate loan for your situation.

Many people turn to looking for auto loan refinancing online because of their bad credit histories. Just because you’ve declared bankruptcy or had debt issues, doesn’t mean you can’t get a premium, low rate auto loan on the internet. Online, the consumer has the power to shop around for exactly what they’re looking for, and aren’t limited to what they can find in person. Refinancing with online auto loans are much more efficient, and take little to no time at all to be approved.

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Auto Financing123 work with all credit. Get your auto financing in minutes. Apply online to compare rates for low interest auto finance and get instant approval regardless of past credit history.

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I have credit union credit card debt plus auto loan. How can I get them to go to more favorable terms That are affordable?
Where can I get a short term bad credit loan? I am on a set monthly income from benefits. I need a loan to catch up and ahead of bills. I only pay utilities, so I can make a payment no problem
Is it possible to get a loan to pay bills with no job and pay back within three months, with bad credit?

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Foreclosures are Exploding?values are Down?homeowners are Stressed?rates Still Low!

03.11.11

Foreclosures are Exploding…values are Down…homeowners are Stressed…rates Still Low!


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Home Page > Finance > Mortgage > Foreclosures are Exploding…values are Down…homeowners are Stressed…rates Still Low!

Foreclosures are Exploding…values are Down…homeowners are Stressed…rates Still Low!

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A homeowner holding this hand looks around the room to see if there are any players to help. Personal self-defense is based on fight or flight. The decision then is to stay and fight or choose flight and run away and take off to a safer place. When a borrower is faced with this situation there are three options for additional cash flow. Make more money, reduce expenses or do both. Once a decision is made to keep the home then the strategy must be developed to make that happen. If flight is the choice, decisions must be made to make that happen while perhaps downsizing and reducing the monthly housing expense. One of the best options, IF there is any equity at all, is to refinance to a lower fixed rate, which is now available. This is one of the great positives of the current market, low interest rates can save the day and give borrowers a chance to get into a stable payment situation. If a borrower can’t do that then other alternatives must be considered.

Although there is major hand wringing going on with these high risk hybrid subprime (higher credit risks) mortgages there is also an opportunity for many to finance to a lower fixed rate loan. There will be heavy refinances going on with those who can qualify and move into the lower fixed rate loans. This will be an answer for many. If the credit must be tweaked and improved to make that possibility a reality, then so be it. Pay off credit cards, settle collections, pay off judgements, put time and distance from any past bankruptcy actions while improving the debt to income ratios all as a means to better qualify for a low rate fixed rate loan. If a borrower is behind on their payments a lender may offer a “forbearance” option where the payment arrears are set up on a parallel pay back schedule while the normal payment is being made. This is a catch up mechanism. All of these options invoke the stay and fight decision, which comes to the front by selecting these choices. This selection must make sense and there must be a reasonable chance of making it happen. Employment needs to be solid and dependable income steams must be in place. If a part-time job is necessary, it must be done. As far as reducing expenses, trading down cars with large car payments to free and clear transportation may be necessary in the reducing expense mode. Gym memberships may need to be cancelled and settled, any ongoing sundry expenses can be eliminated until the mortgage crisis situation has passed and settled down in a year or two. Cable extras may need to be pared back. Dial up service versus a more expensive high-speed service may need to be likewise pared back. Cell phones may need to be converted to pay as you go throwaways to further cut expenses or eliminate them entirely. Eating out will be a thing of the past for the short term. Packing lunches may be an option. These are all tough options. If after all of this takes place and there is still a desire to stay and a borrower is still under the gun, a Chapter 13 Repayment Plan may need to be selected. This will not cut any mustard with the mortgage lender or other secured debt, but the non-secured debt such as credit cards can be lumped into the BK option. A Chapter 7 Bankruptcy may be selected if the borrower(s) do not make too much money per the new Bankruptcy Law restrictions. This would wipe out all the non-secured debt. It may take a few years to reestablish credit to the point where a new lower rate fixed rate mortgage can be put in place. Over time, values MAY appreciate a bit to assist in qualifying for a loan. If a borrower is not up to any of this, then the flight option can be selected.

The flight option basically comes down to selling the property and taking whatever equity is available and possibly renting or finding a lower priced opportunity in a market populated with the same disparate sellers all begging for offers. When a homeowner gets beat up on the price in selling there is a real possibility in making up the loss on the purchase of a depressed value property. When borrowers select to buy a lower price property then the family budget may be positioned to make a comeback with saving opportunities to stabilize the asset side of their financial statement.

When the stock market is in the full “Bull Market Mode” and keeps running up unabated until finally the “Bear Market” shows up then major corrections are experienced. When the chickens come home to roost and stocks with weak fundamentals, high price earning ratios, low or no dividends, and perhaps bad sales and profit news the stocks fall big time. Some stocks will get pounded more than others. Perhaps it was just a weak quarter or extenuating circumstances with big one time write downs, or it might be a big problem like a Chapter 11 Bankruptcy filing like many of the airlines and other companies are dealing with. When this happens in mass, the Dow Jones Average together with other stocks fall as a group due to fundamentals and consumer perception and confidence. Now, the spill over from the defaults in the Subprime, Fannie Mae and Freddie Mac are impacting the financial markets as well. Investors are nervous. It will be a period of adjustment until this “problem” is handled one way or the other. Much like the RTC fiasco of the Savings and Loans debacle, serious and painful resolutions will be required until these troubled properties get folded back into the housing stock through new family ownership. Supply and demand principles are in full effect.

Much is the same with housing. Stable and steady increases in some communities in the 3% to 5% appreciation ranges have had minor effect in the market depreciation fall with all other things being equal. In other areas where appreciation was hitting 12%-20% per year where investors were flipping left and right and making major hits it was the “new wild west gold rush” of money making opportunities. Many property flippers (buy, fix up and sell) were making $50,000 to $100,000 per deal. Buyers were camping out at builder’s offices to get in on the property gold rush. Builder concessions were non-existent. Builders did not have to offer anything to get buyers through the front door, so they didn’t. Then “It” hit the fan. Reverses occurred. New homes sat vacant. New and resale inventories swelled. Builders were gone with many seeking Bankruptcy protections. Existing homeowners selling their homes remained mired with no sales activity. Sales prices were adjusted down where homeowners absolutely had to sell and move. If owners found themselves in a situation of being upside down (owed more than the home was valued) only a few options were available. (1) Walks away and move out and let foreclosure take its course. (2) Stays in the house until the foreclosure happened and let the sheriff put them out on the curb. (3) Consider “deed in lieu of foreclosure” where the lender takes the property back and avoids a foreclosure action and moves out and moves on. (4) Consider structuring a lease-option with a buyer at favorable terms with hopes of appreciation that will kick in over a two or three year period. (5) Offer sales concessions to buyers paying all their closing costs and prepaid escrow and even hold a second mortgage for any shortfall behind a new first mortgage. (6) Propose to the lender to consider a “short sale” where the mortgage amount is reduced to accommodate a new buyer that puts a new mortgage in place. This particular option does not put one penny in the seller’s pocket, but the property is sold and the buyer can move on. The lender takes the hit, BUT it may be less of a hit for the lender then going to the full foreclosure option. This is by no means an exhaustive list of options but is a few of the more prominent ones.

On the positive side, this is a great time to buy with great interest rates in play. Values are down and good buys can be found. Sellers are motivated and flexible terms can be negotiated. Lenders holding loans on “upside” down properties are willing to make deals to mitigate the loans hanging on the books on a non-performing basis. Much like in the Dot.com era, many investors chasing the “good story” stocks lost big time. Likewise, buyers chasing the “good story” properties with multiple offers on listings and builder inventories will lose as values in many areas have fallen. A real estate value correction is underway. Warren Buffet has made billions seeking out values and taking long term positions. A little of this philosophy will go along way in profiting from future real estate cycles. No one is good enough to determine the absolute bottom or top of the market, but good values will always pay dividends with proper due diligence of the underlying elements. A deal is a deal is a deal. When a deal is found people of action can find rewards and long term returns. There is no reward for overpaying for real estate in the near term. This is a time of incredible opportunities to make sense out of the madness and profit during this period of market correction in this real estate arena.

Dale Rogers

http://www.brokencredit.com

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Dale Rogers is a thirty-year mortgage veteran and frequent contributor to the Broken Credit Blog. The BCB is a free website created to assist the general public with information about credit repair and responsible mortgage lending.

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Is there ANY help for homeowners with an FHA mortgage that are lucky enough to still have their jobs, not late on payments.. but are completely under water with their home values and just want to refi
I am Cdn marrying a US. Moving to US My credit score is 800 his is so low – foreclosure on home, prior bankruptcy. Ths was over 3 years ago. When we marry do I “inherit” his bad credit
I am in the process of lising my home and a foreclosure my loan has been closed for 5 years. the interest rate on my loan is very high. is it possible for the bank to cosidr giving me a new mortgage

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Article Tags:
short sale, forbearance, upside down, foreclosure, chapter 13 bankruptcy, chapter 7 bankruptcy, wage earner plan, lease option, seller paid closing costs, seller paid prepaid escrows, seller held second mortgage, seller holds, subprime, fannie mae, freddi

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