Short - sales for example, are generally treated by
lenders as a foreclosure.
Not exact matches
Qualification guidelines are less restrictive, so a VA - approved
lender can be more flexible in evaluating criteria such
as credit scores, bankruptcy or
foreclosure waiting periods, and debt - to - income ratios
Mortgage defaults hurt the
lender as well
as the borrower, so local banks will be more invested in managing each mortgage loan, whereas a giant company like Bank of America might see one
foreclosure as a drop in the bucket.
The problem is bank and credit bureaus have no special code to report a short sale, so when a new
lender checks your credit, it often shows up
as a
foreclosure.
After the housing market collapse and subsequent
foreclosure crisis,
lenders are still skittish and unwilling to take on what they may see
as unnecessary risk.
For borrowers who don't put 20 % down — which is not a requirement — and are viewed by
lenders as higher credit risk, mortgage insurers reduce or eliminate losses by providing protection to the
lender in the event of a
foreclosure.
They will need to sign the deed over to the
lender; this process is known
as «Deed in lieu of
foreclosure.»
Here's the story: According to the FTC, a group of companies and individuals doing business
as HOPE Services told consumers facing
foreclosure they could get help from legitimate, government - backed programs, like Making Home Affordable — but only after they made three monthly trial payments into a so - called mortgage
lender's trust account.
The FHASecure program was marketed and sold to the American public
as the one concrete benefit of the President's otherwise all - volunteer
foreclosure relief program, a program which requires no
lender to do anything.
As an alternative to
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.
A moratorium on all
foreclosures could cause home sales to plummet,
as mortgage
lenders can not sell foreclosed homes until they acquire the title through a sheriff's sale or public
foreclosure auction.
So it does not have to say
foreclosure but if a
lender sees «settled on account» or «short sale» or even «paid for less» then a future mortgage
lender and underwriter view this
as a home loan agreement you got into and then could not make the payments and had to give the rights back to the 1
THE PROBLEM is future
lenders look at that like a
foreclosure which
as of now there is a 3 year rule (with some exceptions) from buying another home.
To date, mortgage
lenders aren't lining up to write down mortgage amounts
as a method of preventing
foreclosure.
Banks and commercial
lenders will want to check your personal credit score and history to see if you have had financial problems in the past, such
as defaults,
foreclosures, tax liens, court judgments and more.
It seems to me that
foreclosure, short sale, deed in lieu, cash for keys all mean the
lender probably lost money so there is a negative connotation — Its my understanding all of those things get reported simply
as «
foreclosures» on credit reports.
Eventually, all the payments are caught up, and your mortgage is reinstated, just
as if you had never been behind, even if your
lender started
foreclosure proceedings.
Despite that, many
lenders treat short sales
as a form of
foreclosure and impose that same two - year seasoning period.
One other word of caution if you already tapped your equity to pay off unsecured debt and face
foreclosure in the future is that many
lenders are reporting any forgiven debt (the difference between what you owe and what the bank collects) to the IRS
as taxable income to you.
Additionally, President Obama will publicize his intentions for providing further incentives for mortgage servicers and
lenders who are actively contributing to the Bush administration's Hope for Homeowners program, designed to assist struggling homeowners avoid
foreclosure by refinancing them into a more cost - effective 30 - year fixed - rate mortgage so their first payment will be the same
as their 360th.
For example, filing a chapter 13 will stop the
foreclosure sale and force your
lender to accept your regular monthly mortgage payments,
as well
as give you up to five years to cure your missed house payments.
[6][7][8] Falling housing prices have led to borrowers possessing reduced equity, which is perceived
as an increased risk of
foreclosure in the eyes of
lenders.
Issues on a borrower's record such
as poor credit scores, short sales, bankruptcies,
foreclosures, loan modifications and can be overlooked by hard money
lenders.
I have heard that the entire subprime market has suffered through a crisis and several
lenders had to stop their business
as they could cope up with the rising delinquencies and
foreclosures.
This process of transferring ownership from you to the
lender under these circumstances is called a Deed in Lieu of
Foreclosure, and is sometimes referred to
as a «friendly
foreclosure» because in essence that what it is.
Another robo - signing / securitiztaion /
foreclosure fiasco update here:
As I am sure you are aware, the
foreclosure processes of many major
lenders and mortgage servicers are under investigation for alleged fraud and other process - related defects (for further background, here is an excellent series of articles by Mike Konczal that describes what is going on).
This will vary by
lender, but most will want to see borrowers with good to excellent credit scores (which is defined
as any FICO score of 690 or above) and no recent derogatory marks on their credit reports (e.g.,
foreclosures, bankruptcy, defaults, liens, etc.).
While some obvious warning signs, such
as bankruptcy,
foreclosure and consistently late or missing payments send clear signals to banks and other
lenders that you a risky candidate, there are several more subtle red flags that may cause your application to be approved at only the most undesirable terms — or even cause your application to be denied outright.
Foreclosure If your home is under
foreclosure, a
lender will view this
as a high risk factor.
If the sale price is enough to satisfy the outstanding balance owed on the mortgage, you will not owe money after
foreclosure (be careful
as some loan documents call for borrowers to pay
lender attorney fees associated with the
foreclosure).
Lenders will ask for this paperwork to verify everything you put on your mortgage application
as a precaution to avoid another potential
foreclosure.
When a borrower loses their home to
foreclosure and still owes their
lender money after the sale, the remaining debt is usually referred to
as a deficiency.
Borrowers are protected from
foreclosure as long
as there is an open mediation, meaning the
lender can not foreclose until the mediation is formally closed (certified).
As long as the Bankruptcy case is filed before the last publication date, after the Bankruptcy Court lifts the Automatic Stay, the lender will have to file a new foreclosure case, with a public trustee sale date about 120 days late
As long
as the Bankruptcy case is filed before the last publication date, after the Bankruptcy Court lifts the Automatic Stay, the lender will have to file a new foreclosure case, with a public trustee sale date about 120 days late
as the Bankruptcy case is filed before the last publication date, after the Bankruptcy Court lifts the Automatic Stay, the
lender will have to file a new
foreclosure case, with a public trustee sale date about 120 days later.
Lenders approve
foreclosure relief programs based on how much they can save
as compared to foreclosing on a home.
«Subprime» loans, considered to be significant contributor to the
foreclosure crisis, are now referred to
as «nonprime» or «alternative» loans by some
lenders to remove the stigma.
If the borrower defaults on their payments, the
lender then has the right to seize the lien
as collateral (
foreclosure).
A helping hand is needed for the low - income borrowers who are currently facing
foreclosure as a direct result of the Subprime
Lenders and Predatory Brokers who assited with providing these loan products to homeowners..
In the majority of cases, FHA
lenders receive full reimbursement for
foreclosure losses,
as FHA pays
lender claims for losses and usually also pays
lenders to transfer title to foreclosed FHA properties to HUD / FHA.
Lenders want to avoid
foreclosure as much
as you do, so they use credit scores
as their first line of defense.
As these efforts unwound,
lenders and servicers put additional properties into their
foreclosure pipelines, she says.
Exception: The
lender may grant an exception to the three - year requirement if the
foreclosure was the result of documented extenuating circumstances that were beyond the control of the borrower, such
as a serious illness or death of a wage earner, and the borrower has re-established good credit since the
foreclosure.
As a result of the federal Protecting Tenants in
Foreclosure Act, states across the country are passing similar legislation that makes home
lenders obligated to maintain home
foreclosures from the time of the judgment of
foreclosure through the closing of the sale.
Perhaps, you could get a break
as the
lender might not report the short sale - whereas a
foreclosure will definitely be reported — but I wouldn't count on this.
Another advantage of VA home loans is if you are facing mortgage
foreclosure and can not seem to negotiate with the
lender, quite often a VA representative will step in
as mediator to arrange ways to bring your mortgage current.
As foreclosures increase across the United States,
lenders are more willing to negotiate short sales to avoid the expense and troubles of taking a delinquent customers home.
The thing to remember here is that your mortgage
lender wants to avoid home
foreclosure as much
as you want to avoid it.
Most
lenders will offer one or both of these strategies,
as a way to avoid the
foreclosure process entirely.
A loan contract, on the other hand, usually states the
lender's right to recourse — such
as foreclosure — in the event of default by the borrower; such provisions are generally absent in a promissory note.