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What Are Your Rights During Home Foreclosure

Thursday, July 2nd, 2009
by Doc Schmyz

Home foreclosure is one of the greatest fears of families due to debt. Even though this is true we often take our bills for granted in favor of our credit cards. Before we know it bills have easily stacked up and we end up not knowing who to pay first to stop the calls, and the current economy is not making this situation any easier.

Even though your house is being foreclosed there are still legal procedures to follow. Your lender can’t just kick you out of the house. There are laws that protect homeowners from these situations. Here are some of the important facts you need to know when facing a foreclosure.

Can I just get kicked out of the house if I fail to pay my mortgage?

Simply put: No. The mortgage lender/bank can only kick you out of the house with a court order. Before they can do that they also have to follow a set of legal procedures.

How long does the foreclosure take before they take my house?

Depending on the state and county the house is in, it can take as long as 6 months. In some cases the lender/bank may push for a faster foreclosure however, this is only when they have a new buyer in mind normally.

After the foreclosure, do I have to leave the house?

No you don’t have to. After the foreclosure auction ends the ownership will be transferred from you to the highest bidder. You will become a tenant of the house. The new owner must also follow legal procedures before he or she can evict you out of the house.

In some cases you can become just a “renter” to the new owner. (this is dependent on the new owner of course)

What happens when I get evicted?

The new owner of the house will send you a notice to leave the premises. (The notice usually gives you 72 hours.) If you fail to follow the notice the new owner must present his case to the court before a judge to get an order for you to be evicted. The judge will be the one to decide if you should be evicted or grant you more time. If you fail to follow the court order the new owner may procure an execution of the eviction order. this is when the sheriff shows up and escorts you from the property.

The sheriff will give you a notice of the execution and give you 48 hours to pack and leave. If you fail to follow the notice this is the time when the sheriff can physically move you out of the premises.

About the Author:
Doc Schmyz has worked with investors all over the US. He built a free free website shares Real estate investing information for all over the US. Find Real estate investing information by state

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In Foreclosure???How to Get Your House Back

Friday, June 5th, 2009
by Doc Schmyz

Your house is the last thing that you want to loose. However sometimes home foreclosure will happen. When a borrower fails to pay his or her mortgage for a number of payments (usually 3 or 4) the lender will issue a foreclosure by selling the house or repossessing it.

More often than not lenders often lead their borrowers to believe that they don’t have other options available. There are other alternatives that homeowners can use to keep their house off the auction block. The following is a list of ideas to consider if your in the foreclosure process.

1)Short stop

This is a short refinance for the foreclosure of your property. If you don’t want a new loan to cover an existing one, you can ask the help of a friend. A borrower’s friend or relative can buy or pay off the mortgage.

2)Negotiate a payment scheme

The homeowner agrees to pay a portion of the amount and agrees to pay the rest in the succeeding months. The homeowner shows proof of their income and pays a down payment. This is a much easier way and most lenders agree to this plan.

3) Change of plans

Sometimes a temporary change in the terms of the loan can be given when properly negotiated. These changes include amortization extension and reduction of interest rate. A foreclosure negotiator handles the job of getting these plans approved. This is a total process for another short term fix. This may sound a lot like the second option we discussed however this is much more involved.

4) Third party sale

The property on foreclosure is sold to a third party. The proceeds will go to the mortgage lender as a settlement for the debt.

5) Friendly third party sale

The third party who buys the property sells it on foreclosure to clean the deed of other holders. Then the property is sold back to the original owners/borrower.

These are just some of the options that borrowers can use in attempts to retain their properties. Remember these alternatives are outside the original terms of the agreement. Homeowners will have to negotiate their way with lenders and banks. Preventing home foreclosure is still better than looking for a cure.

About the Author:
Doc Schmyz has invested all over the US and Mexico. His free website shares Real estate investing information for all over the US. Find Real estate investing information by state

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A Guide to Home Foreclosure

Sunday, May 24th, 2009
by Doc Schmyz

Your mortgage is one of the most important bills we have to pay every month. Besides credit card bills, we also have to make sure we don’t miss our other monthly payments. Unfortunately paying with plastic makes it difficult to track our expenses and easier to splurge on shopping sprees. When we fail to pay the mortgage; foreclosure happens and we lose our home.

So what is a “Foreclosure”?

Should you miss a number of payments; your mortgage lender has the right to foreclose on the home by selling or repossessing the property. In most cases these properties are auctioned.

The usual number of payments that borrowers miss before their house goes into foreclosure is 3 months. In other cases the lender may accelerate the payment to give the borrower a chance to settle his or her debt. They will require the borrower to pay all the missed payments at once.

Lenders have several options on what foreclosure to actually move forward with.

Judicial foreclosure

The lender sues the homeowner. If the owner of the house does not respond to the lawsuit the lender wins. The property is then put up for auction. A court official will be in charge of the auction. Participants will have to compete with the mortgage lenders bid. If no one out bids the mortgage lender he repossesses the house. Otherwise, the deed will go to the highest bidder.

Foreclosure by the power of sale

The deed of the house goes directly back to the mortgage lender. The house is then sold by a real estate agent. Proceeds earned from the sale will be used for paying off the amount owed by the former homeowner. In the event proceeds are not enough to cover the mortgage amount the lender will issue a deficiency judgment.

The deficiency judgment is the amount left after the proceeds from the sale cover the mortgage owed by the previous homeowner. The previous homeowner is liable for it.

Strict foreclosure

The court orders the borrower to pay the mortgage in a certain period of time. If the borrower fails the property will go directly back to the mortgage lender without any obligation to sell it.

Judicial and foreclosure by power of sale are the most commonly used methods in United States. Other states use other methods. Strict foreclosure was originally used but is now only utilized by a few states such as Vermont and New Hampshire.

About the Author:
Doc Schmyz has invested all over the US. He built a free website shares Real estate investing information for all over the US. Find Real estate investing information by state

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Home Equity loan facts

Sunday, April 12th, 2009
by Doc Schmyz

Home equity loans can be a fast source of cash. However, before start the process of drawing out a loan out of the equity of your property; make sure you read all the fine print.

Are you debating on getting a home equity loan? Home equity loans might be an easy to acquire type of loan, but somehow even a seemingly great deal might turn out to be bad if the process of getting one is not done right.

What areas of home equity loan do we need to know? Let us look at the following.

Points

If you are charged 1 point, this would mean 1 percent of the loan. And so 1 percent of a 100,000 dollar loan is an up front charge of 1000 dollars. Do not worry, there are lenders that do not charge points.How are you affected by this? Most lenders charge a part of the loan for commissions for themselves and for their sub-agents. Actually such points vary from little to exorbitant; it all depends on the company.

Loan interest rate terms

You have to know if it is a fixed or variable type of loan. If it is a fixed loan, then you do not have to worry about external forces such as economic situations directly affecting your interest rate. But on the other hand, if you have variable type of loan, you may actually have an initial good interest rate. Interest rates that go up naturally makes your monthly payments go up too in the process. So what do you want ” a home equity loan with interest rate that stays the same all throughout the duration of the loan, or one with the possibility of going up anytime?

Pre Payment penalties

Perhaps it might be a concern if you earn penalties for paying off your loans early. You have to be aware that indeed, many second time loans have pre payment penalties. Pre-payment penalties lock you into paying off your loan over its entire duration, and if you still decide on paying it off early, the lending company will have to add a penalty, usually running to a thousand dollars.

Late payment penalties

In some cases, while you may have a low interest rate, you may have a clause in the contract for the loan that will increase your interest if your late on a payment. In most cases this can add up to several thousands extra over the life of the loan.

Insurance

You have to check if the home equity loan that you are prospecting has insurance costs hidden somewhere, a cost that you definitely do not want. Whenever you get a loan, you can take in corresponding credit insurance. You can have credit life insurance, which takes care of your loan in the event that you die. However, if in the case of home equity loan, if you feel that insurance is just added cost, then by all means avoid the lender that requires you to pay for them.

About the Author:
Doc Schmyz has worked with investors all over the US. He built a free free website shares Real estate investing information for all over the US. Find Real estate investing information by state

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