Jason Kardos
Jason Kardos, Broker/Owner DRE # 01324429

Real Estate Sales and Property Management
   

Facing Foreclosure?


By: Jerry DeMuth

If you’re facing foreclosure, don’t panic: There are steps you can take right now to save your home or at least lessen the blow of its loss.

 

A record high 2.8 million properties were hit with foreclosure notices in 2009. That’s the bad news. The good news: About two-thirds of notices don’t result in actual foreclosures, says Doug Robinson of NeighborWorks, a nonprofit group that offers foreclosure counseling.

Many homeowners find alternatives to foreclosure by negotiating with lenders, often with the help of foreclosure counselors. If you’re facing foreclosure, call your lender right now to determine your options, which can include loan modification, forbearance, or a short sale.

 

Foreclosure process takes time

The entire foreclosure process can take anywhere from two to 12 months, depending on how fast your lender acts and where you live. Some states allow a nonjudicial process that’s speedier, while others require time-consuming judicial proceedings.

Once you miss at least one mortgage payment, the steps leading up to an actual foreclosure sale can include demand letters, notices of default, a recorded notice of foreclosure, publication of the debt, and the scheduling of a foreclosure auction. Even when an auction is scheduled, however, it may never occur, or it may occur but a qualified buyer doesn’t materialize.

Bottom line: Foreclosure can be a long slog, which gives you enough time to come up with an alternative. Meantime, if your goal is to salvage your home, think about keeping up with payments for homeowners insurance and property taxes. Otherwise, you could compound your problems by getting hit with an uncovered casualty loss or liability suit, or tax liens.

Read the fine print

Start by reviewing all correspondence you’ve received from your lender. The letters—and phone calls—probably began once you were 30 days past due. Also review your mortgage documents, which should outline what steps your lender can take. For instance, is there a “power of sale” clause that authorizes the sale of your home to pay off a mortgage after you miss payments?

Determine the specific foreclosure laws for your state. What’s the timeline? Do you have “right of redemption,” essentially a grace period in which you can reverse a foreclosure? Are deficiency judgments that hold you responsible for the difference between what your home sells for and your loan’s outstanding balance allowed? Get answers.

Pick up the phone

Don’t give up because you missed a mortgage payment or two and received a notice of default. Foreclosure isn’t a foregone conclusion, but it’s heading in that direction if you don’t call your lender. Dial the number on your mortgage statement, and ask for the Loss Mitigation Department. You might stay on hold for a while, but don’t hang up. Once you do get someone on the line, take notes and record names.

The next call should be to a foreclosure avoidance counselor approved by the U.S. Department of Housing and Urban Development. One of these counselors can, free of charge, explain your state’s foreclosure laws, discuss alternatives to foreclosure, help you organize financial documents, and even represent you in negotiations with your lender. Be wary of unsolicited offers of help, since foreclosure rescue scams are common.

Be sure to let your lender know that you’re working with a counselor. Not only does it demonstrate your resolve, but according to NeighborWorks, homeowners who receive foreclosure counseling are 1.6 times more likely to avoid losing their homes than those who don’t. Homeowners who receive loan modifications with the help of a counselor also reduce monthly mortgage payments by $454 more than homeowners who receive a modification without the aid of a counselor.

Lender alternatives to foreclosure

Hope Now, an alliance of mortgage companies and housing counselors, can aid homeowners facing foreclosure. A self-assessment tool will give you an idea whether you might be eligible for help from your lender, and there are direct links to HUD-approved counseling agencies and lenders’ foreclosure-prevention programs.

There are alternatives to foreclosure that your lender might accept. The most attractive option that’ll allow you to keep your home is a loan modification that reduces your monthly payment. A modification can entail lowering the interest rate, changing a loan from an adjustable rate to a fixed rate, extending the term of a loan, or eliminating past-due balances. Another option, forbearance, can temporarily suspend payments, though the amount will likely be tacked on to the end of the loan.

If you’re unable to make even reduced payments, and assuming a conventional sale isn’t possible, then it may be best to turn your home over to your lender before a foreclosure is completed. A completed foreclosure can decimate a credit score, which will make it hard not only to purchase another home someday, but also to rent a home in the immediate future.

Your lender can approve a short sale, in which the proceeds are less than what’s still owed on your mortgage. A deed-in-lieu of foreclosure, which amounts to handing over your keys to your lender, is another possibility. The earlier you begin talks with your lender, the more likelihood of success.

Explore government programs

The federal government’s Making Home Affordable program offers two options: loan modification and refinancing. A self-assessment will indicate which option might be right for you, but you need to apply for the program through your lender. A Making Home Affordable loan modification requires a three-month trial period before it can become permanent.

Fannie Mae and Freddie Mac have their own foreclosure-prevention programs as well. Check to determine if either Fannie or Freddie owns your mortgage. Present this information to your lender and your counselor. Fannie and Freddie also have rental programs under which former owners can remain in recently foreclosed homes on a month-to-month basis.

The federal Home Affordable Foreclosure Alternatives program, which takes full effect in April 2010, offers lenders financial incentives to approve short sales and deeds-in-lieu of foreclosure. It also provides $1,500 in relocation assistance to borrowers. Again, talk to your lender and counselor.

Jerry DeMuth has written about mortgages and other financial issues for more than two decades for trade publications, major newspapers, and consumer magazines. His writing has received four awards and has been included in eight non-fiction books.


Short Sale Process


Sell your Home Fast and for Top Market Value, Avoid Foreclosure & Bankruptcy, Save your Credit, & Walk Away with No debt and No Tax Consequences through a Real Estate Short Sale

Dear Friend,
Are you one of the 1000's of Southern California homeowners who needs to sell, but owes more on your home than it's worth? Are you wondering what your options are in dealing with your lender?
 
Hi, I'm Jason Kardos. I have some good news for you. Through a process called a Real Estate Short Sale, I can help you:
  • Sell Your Home Quickly and Easily For Top Market Value
  • Pay Absolutely No Commissions & No Closing Costs
  • Avoid Foreclosure & Bankruptcy
  • Save Your Credit
  • Walk Away From Your Home With No Debt And No Tax Consequences
Sound too good to be true?
 
Let me repeat that. If you need to sell your home, but owe more on your home than it is worth, I can help you sell your home quickly, easily and for top market value, without ruining your credit, going through foreclosure or declaring bankruptcy. You will pay absolutely nothing to sell your home, and you will owe nothing to your lender.
 
You will not have the stain of a foreclosure or a bankruptcy on your credit, and instead of having to wait up to 7 years to buy another home, you can buy again within the next 24 months.
 
A short sale actually saves your credit. It is treated by your lender as a "settlement of a debt", and as opposed to a foreclosure or a bankruptcy, it is infinitely easier on your credit.
I know because we have helped many homeowners do exactly this just within the past several months.
 
In fact, my team and I have negotiated successful Short Sales with homeowners from the bankruptcy court and recently a client that even had 3 liens on their home, including home owners association fees and notices from the fire marshall and County of San Diego pest department.
 
Short sales are a different animal than a regular real estate transaction. Once you stop making your mortgage payments, the foreclosure process begins, and the clock starts ticking.
 
You get one shot to do a successful short sale. If your agent is inexperienced at short sales, makes mistakes, gives up, slacks off, drops the ball, or simply does not know how to negotiate with the banks, you will wind up being foreclosed on by your lender.
And you do not want to go through foreclosure. Your credit will be ruined, with your credit score taking a hit by as much as 300-400 points (or more) and you will be hounded day and night by your lender. Even worse, you will have difficulty getting credit cards, auto loans or even renting a home or an apartment for the next 7 years.
Your home will be repossessed by the bank, and then the bank will sell your home, either at auction, or more likely through a real estate agent, with a large sign out front that says "Bank Foreclosure".
 
Further, depending on whether the loan on your home is a "purchase money" loan or whether you did a "cash out" refinance after your purchase, you either have a "non recourse" or a "recourse" loan. This makes a big difference as to whether your lender can go after you to repay your debt, even after your home has been foreclosed on.
The good news is, I can help you either way, but the steps are different.
So do your homework, and don't trust this process to someone who is inexperienced.
You should also be wary of the many companies that actually encourage you to go through foreclosure so that you can live in your home for a few months without paying your mortgage.
 
These companies prey on people who are vulnerable and unaware of the foreclosure and mortgage laws. They even charge you a hefty fee for the privilege of getting foreclosed on!
 
This is financial suicide, and it is totally unnecessary because... Your lender does not want to foreclose on your home. They would much rather have you stay in your home and continue making your payments, or have you sell it and get it off their books, even with them taking a financial loss. Banks are in the lending business, not the real estate business.
 
Which brings me to my next point: It makes no difference who your lender is Countrywide, Chase, Wells Fargo, Bank of America, Downey Savings, CITI, Chevy Chase, Washington Mutual, Wachovia, World Savings, EMC, First Franklin, Flagstar, GMAC, Greenpoint, Homecomings, Home Eq, HSBC, Irwin, National City, Novastar, Option One, Ocwen, Aurora, Deutsche Bank.
 
Finally, you should be wary of the many attorneys who have gotten into the short sale & loan modification business recently. Their websites attempt to scare people into thinking that they would be crazy to attempt a short sale without the assistance of an attorney; that realtors are not qualified to negotiate short sales and that California Department of Real Estate forms are somehow not adequate in protecting a seller's rights.
 
I am especially sensitive to this sales pitch because I hear the horror stories on a daily basis from people who are now facing foreclosure because the law firm they hired (and paid upfront) was unable to sell their home, and unable to negotiate a short sale approval.
 
A short sale is a real estate transaction that requires an approval from the lender. Period. It is not some complicated legal process that requires paying a retainer to an attorney.
 
Bottom line, I think most people can see the irony in an attorney's website that repeatedly stresses that, conveniently enough, you must have an attorney to do a short sale.
 
With that said, a sincere word of caution: Timing is absolutely critical. The sooner you start the process, the more options you will have. The worst thing you can do is procrastinate. All it takes on your end is a phone call.
 
So call me, or send me an email. Listen, I have developed what I believe to be the best system in existence for doing real estate short sales. As I mentioned earlier in this letter, I have completed more successful real estate short sales in the past 12 months than any other agent in Southern California.
 
So call me. I know what I'm doing, and I can help you. For more information, and a FREE, no obligation, over-the-phone consultation about your unique situation, call me at     (619) 303-2826.
 
Thanks for reading this. I hope to talk with you soon.
 
Sincerely,
Jason Kardos, Broker / Owner

P.S. Remember, in a Real Estate Short Sale, you pay nothing, you owe nothing, and you save your credit.
 
Call me today to discuss your unique situation or simply fill out the form below.

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Short Sale Payoff Letter examples

This is a copy of the short sale payoff on a home where the seller filed bankruptcy and had 3 liens on the property including one from the Homeowners Association and notices from the fire department and County of San Diego.



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