A short sale is often more advantageous for
a lender than a foreclosure.
Not exact matches
And in some states, falling behind by no more
than 60 days could legally entitle a mortgage
lender to initiate
foreclosure proceedings.
Non-judicial
foreclosures are generally faster and easier for
lenders to execute
than the judicial process, which involves a court, along with lawsuits and appeals in some cases.
For more
than 20 years, I have fought to ensure that dream is kept alive through critical legislation like
foreclosure prevention, more property tax relief for New York City homeowners and increased oversight of predatory
lenders.
PMI is required by
lenders when you make a down payment of less
than 20 percent, to protect the
lender from losing money if the property ends up in
foreclosure.
A
foreclosure is a
lender's last resort and accepting less
than what is owed is much less costly for the
lender.
>> >» Rather
than go into
foreclosure, eligible borrowers can refinance with FHA and
lenders can voluntarily write down the outstanding subprime mortgage principal balances.»
Unfortunately, the reality is that the only legitimate way to get an accurately reported
foreclosure, deed in lieu, short sale (typically reported as «settled for less
than full balance») or other negative notation removed from your credit report is for the
lender reporting it to instruct the credit bureau to strike it from your credit report as a «goodwill» gesture; not something that often happens.
Lenders generally take smaller losses on short sales
than foreclosures.
Rewriting FHA requirements for future mortgage loans insured by FHA could be an option, but FHA is currently between a rock and a hard place with its current commitment to reimburse
lenders for
foreclosure losses and the need for addressing problems caused by homes worth less
than the mortgage loans financing them.
Lenders impose these because even if they comply with FHA guidelines, if they have a higher
than average
foreclosure experience for their area, they can lose their approval.
Even many mortgage
lenders have come to realize that loan modifications and other relief are often more cost - effective
than foreclosure.
FHA
lenders must verify that at least one year has passed since the
foreclosure, short sale or bankruptcy and that the economic event was directly responsible for the bankruptcy or
foreclosure rather
than any irresponsible behavior by the borrowers.
In the event the loan balance is greater
than the value of the home, the borrower can either arrange to voluntarily turn over ownership of the property to the
lender (Deed in lieu of
foreclosure), or buy the home at 95 % of the appraised value.
On the one hand, filing for chapter 13 bankruptcy can help you save a home from
foreclosure by forcing your
lender to take past due mortgage payments in small increments over a 3 - 5 year period rather
than forcing you to pay back what you owe in a lump sum right away.
So, even though the
lender is accepting less
than it's owed, the
lender may be receiving more
than it would after considering the costs of going through a full
foreclosure.
Falling prices also resulted in homes worth less
than the mortgage loan, providing the
lender with a financial incentive to enter
foreclosure.
On the other hand, if the loan is less
than 80 % of the value of the property, the
lender will rest assured that the value of the property will be able to cover the mortgage amount if there is need for
foreclosure.
I'd also add that working with your
lender or servicer to find a solution is a far better approach,
than ignoring the problem and letting the
foreclosure run its course.
Once the homeowner is behind on payments usually more
than 90 days, the
lender will begin the
foreclosure process.
While a short sale, which is where the
lender settles for less
than the amount due on the mortgage, is considered a better closure for the seller (vs.
foreclosure or bankruptcy), it's still a red flag to new
lenders because of how it shows up on your credit report.
Regardless of your state's deficiency laws, if your home will sell at a
foreclosure sale for more
than what you owe, you will not be obligated to pay anything to your
lender after
foreclosure.
Mortgage
lenders take
foreclosure records seriously, and some credit counselors believe a
foreclosure on your credit report looks even worse
than a bankruptcy.
The lesson to be learned is that if you owe more on your mortgage
than your house is worth and the property is in a state that allows
lenders to seek deficiency judgments, you may still owe money even after
foreclosure.
Tags: conventional, credit, downpayment, FHA, First Time Homebuyer,
foreclosure, home loans,
lender, MCC, short sale, Tax Credit, VA, veterans, vitek, when can I but a home again Posted in FHA, First Time Homebuyer, Tax Credit, Uncategorized, Veteran, VITEK Mortgage Group Comments Off on Bounce Back and Buy a Home Again...... Quicker
Than You Might Think!
Loan servicers are able to have the government offset the cost of modifying loans that are NOT performing, which would provide the investors with continuing income streams, and yet
lenders are kicking a lot more folks out of the program
than they are helping, and
foreclosures continue unabated.
In the case of
foreclosure, mortgage
lenders can pursue deficiencies in more
than 30 states, including Florida, New York and Texas, according to the U.S.
Foreclosure Network, an organization of mortgage law firms.
Typically,
lenders are also more willing to negotiate a loan modification
than to take their chances with a
foreclosure on your property.
More
than 50 % of
foreclosures would be avoided if people contacted their
lender.
Has anyone heard of a
lender who was willing to negotiating a «paid settlement» or «paid satisfactory» on a credit report in a situation where the borrow was willing to agree to a deed in lieu rather
than letting the property to go into
foreclosure?
The idea is that the
lender would rather keep the borrower
than lose them to
foreclosure.
Lenders will frequently accept this because it is a less expensive and time consuming process for him
than a full
foreclosure action.
It should came as no surprise that
lenders do not like this situation because the promise to pay contained in the note is gone and the
lender has lost the ability to collect a deficiency if the house is sold at a
foreclosure auction for less
than the amount of the loan.
One set of actions was aimed at encouraging
lenders to rework payments and other terms on troubled mortgages or to refinance «underwater» mortgages (loans exceeding the market value of homes) rather
than aggressively seek
foreclosure.
Government initiatives to stem the country's mounting
foreclosures are hampered because banks and other
lenders in many cases have more financial incentive to let borrowers lose their homes
than to work out settlements, some economists have concluded.
Because the
lender began applying the mortgage payments to these fees rather
than to principal and interest, the
lender declared the loan in default and commenced a
foreclosure proceeding.
Mr. Heffernan defeated a class certification in a putative class action against law firms and major mortgage
lenders for allegedly wrongful
foreclosures, which protected clients from tens of millions of dollars in potential exposure for more
than 9,000
foreclosures.
His focus with homeowners facing
foreclosure is to give them the hope of a dignified solution to their financial crisis through current
lender loan modification, loan refinancing (short or long - term) or a short sale (a
lender - approved sale at less
than the outstanding loan balance).
The storm of
foreclosures nationally may still be raging, but real estate professionals who take the time and develop the expertise to work with REOs could find themselves sailing smoothly through 2008 with more business — and better long - term relationships with clients and
lenders —
than they had before the REO rampage hit.
7)
Lenders would much rather do short sales
than foreclosures, because the
lender frees up his non-producing money.
More
than 2 million subprime mortgage loans that
lenders made during the boom years are in
foreclosure, putting at risk $ 164 billion in wealth accumulation, the Center for Responsible Lending says in a study.
Lenders are finally discovering that they can process short sales in less time and at significantly less cost
than foreclosures.
A Florida short sale allows both you and the
lender to be ultimately in a better position because the
lender, too, will prefer to recoup only part of the mortgage amount
than to absorb a total loss from a
foreclosure.
In the event the loan balance is greater
than the value of the home, the heirs can either 1) arrange to voluntarily turn over ownership of the property to the
lender (Deed in lieu of
foreclosure), or 2) buy the home at 95 % of the appraised value.
In the event the loan balance is greater
than the value of the home, you or your heirs can either arrange to voluntarily turn over ownership of the property to the
lender (Deed in lieu of
foreclosure), or buy the home at 95 % of the appraised value.
The program is designed to provide relief to homeowners in danger of
foreclosure due to unaffordable or rising monthly payments by giving
lenders incentive to refinance homes that may be currently valued to more
than 20 % less
than the original home valuation.
In the event the loan balance is greater
than the value of the home, the borrower can either arrange to voluntarily turn over ownership of the property to the
lender (Deed in lieu of
foreclosure), or buy the home at 95 % of the appraised value.
What happens when you lose your property in a
foreclosure is that your property will be sold and most often it will be sold for less
than what you owe your
lender.
This may seem long, but it's far better
than foreclosure, where
lenders tend to expect you to wait seven years.
At least 28 of the properties went into
foreclosure, representing a loss to
lenders of more
than $ 5.5 million, according to court records.