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Understanding Default and Foreclosure

Understanding Default and Foreclosure. WHPE. Goals of this Chapter. To provide: General background on default and foreclosure. Outcomes of default (short term and long term). Legal process of foreclosure. Understanding Default.

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Understanding Default and Foreclosure

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  1. Understanding Default and Foreclosure WHPE

  2. Goals of this Chapter To provide: • General background on default and foreclosure. • Outcomes of default (short term and long term). • Legal process of foreclosure.

  3. Understanding Default When a homeowner fails to make a payment, he or she is violating the contract, which is then in default. Self-analysis: • What caused my default? How long will the problem last? • What is my expected income over 1 month, 6 months, and 12 months? • Review your payment history • Review the terms of your loan • Estimate your home value and condition

  4. Worst-case Outcome of Default Foreclosure is the legal process in which a person has defaulted on a mortgage payment, and therefore loses his or her rights to the mortgaged property. • borrowers generally have at least 60 days from their first missed payment to take action • foreclosure process concludes when the borrower pays off the loan or signs the home over to the lender

  5. Where to go for Help • Lenders typically offer several options to borrowers prior to initiating the foreclosure process. • Foreclosure Prevention Counseling: • 1-888-995 HOPE • www.995HOPE.org • Wisconsin Housing Counselors • Beware of “rescue” scams.

  6. Talking to the Lender Before you contact your lender, you need to have some documents and information available: • Opened mail from your lender • Your account number • Your hardship information/present circumstances

  7. Additional Information and Documents The following documents are usually necessary: • Pay Stubs for the last 30 days for each member of the household • Award letter for Social Security/Unemployment/Pension Income • Federal Tax Returns for at least 2 years • Bank Statements (most current 2 months) for all accounts/assets • Statements/bills for all household expenses and Budget • Promissory Note, Deed of Trust/Mortgage • Home Equity Loan/Line of Credit/Judgments/Tax Liens • Any Trustee Sale information from your mortgage company or its attorney • Any documentation from the courts regarding a foreclosure

  8. Short Term Problems If your circumstance is less than two years, but the problem is not improving, your options may include: • Mediation resulting in a repayment agreement • Modification • Forbearance • Partial or advance claim • Reverse equity mortgage • Refinance

  9. Short Term Problem Resolution • Mediation • Borrower and lender promise to negotiate in “good faith” with the help of an objective third party who serves as the mediator. • The goal: to negotiate a schedule of how much and when the borrower will pay future mortgage payments.

  10. Short Term Problem Resolution • Modification • Designed for homeowners in financial hardship with no mortgage refinancing options. • Modify a mortgage loan for a home you live in as your primary residence. • Only the lender or servicer that current holds your mortgage can offer you a modification.

  11. Short Term Problem Resolution • Forbearance • The servicer agrees to allow a loan to remain delinquent long term due to clear hardship. • Anticipated lump sum settlement at the end. • Partial Claim or Advance Claim • Mortgage insurance company decides to forward a homeowner the money that they owe in delinquent payments. • Paid back after the mortgage has been paid off.

  12. Short Term Problems Resolution • Reverse Equity Mortgage • For homeowners age 62 or older with substantial equity. • Lender makes lump sum or monthly payments to the borrower to “buy” the equity in the home. • Refinance • Payments owed are added to a new loan.

  13. Long Term Problems The options available to the homeowner typically result in the homeowner losing ownership of home through: • Sale of property • Hardship assumption • Pre-foreclosure sale/Short sale • Deed-in-lieu • Foreclosure

  14. Long Term Problem Resolution • Sale of Property • If the value of your home will cover your loan, it may be wise to sell your home. • Hardship Assumption • A family member or someone else can “assume” the mortgage of a delinquent homeowner if they qualify.

  15. Long Term Problem Resolution • Pre-foreclosure Sale or Short Sale • The creditor agrees to take less than they are owed without pursuing a court judgment for the difference. • Deed-in-lieu of Foreclosure • servicer will agree to take the deed to a property in exchange for a release from all mortgage obligations. • Foreclosure: worst-case resolution

  16. Legal Process of Foreclosure • The lender files the appropriate documents with the court. • Court issues judgment of foreclosure and reinstatement period begins (6-12 months). • The local sheriff gives notice of the time and place of sale. • The sheriff conducts the foreclosure sale, and any party with 10 percent of their maximum bid at the sale may bid, with the balance due in 10 days.

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