Have you recently received a foreclosure notice on your home? Well, panicking will never save your home from being in foreclosure. So, take a deep breath and cool off yourself, as many things have to be done before you quit yourself…
Owning and living in the same home is one among the American dreams. But, the recent studies have shown that it has created a sense of fear and frustration as they keep on trying to meet the ends and avoiding the foreclosure nightmare. If you think you are the only one who is in this situation, then you are wrong. People from all income levels are suffering from the clutches of foreclosure even as we speak. And people feel more helpless when they try to get the help of internet to understand the foreclosure process. Since many real estate terms and jargons are involved, it is indeed difficult for an ordinary man to grasp and understand every crisp detail.
Well, numerous non-profit based firms provide foreclosure assistance for all. Through this article, we’ll try to lend you a few helpful tips to make you understand foreclosure isn’t the ‘end of times.’
Here’s what you need to follow when facing foreclosure…
1. Go Through the State Laws
You must know that every state has its own foreclosure laws. So, before jumping to conclusions, it would be wise to go through the State’s Laws on foreclosure. Depending upon the State, the foreclosure can be either judicial or non-judicial.
As for a non-judicial foreclosure, there are no courts involved. The lender doesn’t have to go through the courts to file the foreclosure. He can send you a ‘notice of default’ (which is a notice mentioning the failure of payments) along with a ‘notice of sale.’
When it’s judicial foreclosure things get more complicated. You’ll be sent a complaint along with a summons to the court. It means that the lender has already filed a lawsuit against you. You shouldn’t miss the deadline for the response at any cost as the court will pass the law in favor of your lender and allow the foreclosure to proceed.
2. Foreclosure Doesn’t Happen Overnight
Foreclosure doesn’t happen overnight. And this is a fact. Foreclosure only begins when you miss a couple of months of payments. Usually, the lender will send you a notice of default when you miss four or five months of payment. They’ll also specify an amount that you need to pay for to cover up for the defaulted loan and a deadline along with it. Once you failed to meet the requirements, you can expect foreclosure process to begin any time.
So, you’ll have a minimum of four to five months (depends on the lender) after the last payment to cover up your default payments
3. Judicial Foreclosure a Boon?
Once you understand you are under either judicial or non-judicial foreclosure, the first thing to do is not to panic. Judicial foreclosure usually comes under foreclosure by bank. But, let us make one thing clear, the latter situation might be less advantageous as these happen way quicker. However, you’ll be the legal owner of the foreclosed property has been terminated by a new sale deal.
In judicial foreclosures, the court proceedings can take as much as a year. It will aid you in finding a new home. But, still, if you fail to find an alternative home within the deadline of foreclosure, you’d be welcomed with an eviction.
4. Call Your Lender
A lot can happen over a call. Don’t back yourself from calling your lender and asking for a relaxation. Explain your situation, try reasoning with him for an extended mortgage pay off time. Hopefully, he/she might agree. This might even help to delay foreclosure. Well, it’s worth a shot right!
5. Chapter 13’ Your Last Resort
Chapter 13 can be your last resort. A lawyer can help you file a Chapter 13 bankruptcy, which will in turn force the lender to negotiate a payment plan. But, use this as a last resort only. Being stated as bankrupt can hurt your credit score and filed suit against a lender can drag you into much more deeper troubles. You'll also have an option to put your home on short sales.
With a little bit of preparation, you can survive the whole foreclosure process. You’ll have enough time to prepare for it, and you only need to vacate the property till there’s a new buyer. So, save up some money and look for a better and affordable rental. As for lenders, to find a buyer for a property under foreclosure is pretty tricky. There are many agencies and skilled real estate agents to ease up the pressure and help you get a new buyer. You can contact real estate professionals like ‘elite properties’ for more experienced advice and foreclosure help.