House Refinance Center
Deed In Lieu Of Foreclosure
Helping You Avoid
Foreclosure

Many of us are one or two pay
checks away from being delinquent in
our mortgage payments. When
coupled with expenses for a chronic
illness, or for a major house repair,
this could spell the beginning of
foreclosure. In 2009, almost a
quarter of a million delinquent
borrowers received help from
Freddie Mac, and thus were spared
foreclosure.

Contact your lender

As soon as your circumstances
change, you should contact your
lender or loan servicer. If you know
that you will be late with your
payment, call your lender. The longer
you wait the worse it will get. Your
lender will be able to tell you which
programs can help you.

Prepare a budget

If you are preparing to move forward,
you need a plan. First, prepare a
budget so that when you are
discussing why you are facing
hardship, and are struggling to pay
the mortgage, you can refer to some
solid facts.

The budget shows you how much
money you have coming in, and how
much is going out. Your lender will
examine the budget and make
recommendations.

Do you qualify for HAMP or HARP

Making Home Affordable is one of
President Obama's strategies to stop
foreclosures and to revive the
housing market. There are two main
programs that are aimed at
struggling homeowners, the Home
Affordable Modification Program
(HAMP), and the Home Affordable
Refinance Program (HARP).

HAMP will modify your mortgage, so
that your monthly payments are
much lower. To qualify under HAMP
your monthly mortgage payments
(Principal, Interest, Taxes, and
Insurance) must be more than 31%
of your gross monthly income. In
addition to this, your mortgage must
have been originated on or before
January 1, 2009, and most
importantly, you have to prove
hardship. Loss of a job, reduced
hours, permanent disability or
chronic illness, will all be considered
hardships.

There were some recent changes to
HAMP. Borrowers will now have to
provide proof of income upfront. For
all HAMP trial period plans, effective
on or after June 1, 2010, the loan
servicer must receive the following.
  • Request for Modification and
    Affidavit (RMA) form
  • IRS Form 4506-T or 4506-EZ
    (transcripts of tax returns)
  • Evidence of Income

HAMP is also addressing the problem
of second liens. There is a possibility
that a second lien can force the
homeowner into foreclosure even if
he had his first mortgage modified.
So if you have a first and a second
mortgage, try and get both
mortgages rolled into one loan at the
time of modification.

HARP allows the homeowner to
refinance in order to take advantage
of today's low mortgage rates. The
homeowner must be current with his
mortgage and he must be able to
make the new mortgage payments.
The important feature of this program
is that it allows for a first mortgage of
up to 125% of the appraised value of
the house. In the long term, the
refinance should improve the
affordabilty of the loan, and thus
keep the homeowner in his house.

Freddie Mac and non-profit
groups

Freddie Mac has teamed up with 13
national non-profit organization in
order to reach many homeowners
who are struggling with their
mortgage payments, but who are not
coming forward and asking for help.
Many are frustrated and
overwhelmed. And they find
themselves in some unchartered
waters.

The National Urban League is one of
the non-profits working with Freddie
Mac. The free Borrower Help Centers
will service delinquent borrowers and
help them to pursue loan
modifications.

This program is proactive. The non-
profit organizations call and send
letters to the homeowners. This
approach seems to work. There is a
trust and bond between the
homeowners and the local non-profit
group which makes it easier for the
homeowners to open up and express
themselves.

The Borrower Help Centers focus on
the mortgage payments, as well as
on credit cards, car loans and other
obligations that would impact the
borrowers' ability to keep their homes.

HUD-approved housing counselor

A housing counselor is a trained
professional and can walk you
through the various options
available.  The U.S. Department of
Housing and Urban Development
(HUD) sponsors the housing
counselor programs across the US.
The service is free.

When you call the housing counselor
you should have some documents
ready.

  • Income tax returns - the last 2
    years.
  • the last 2 bank statements
  • your last 2 pay stubs.
  • mortgage statement showing
    the outstanding balance.
    Information on the second
    mortgage if you have one.
  • your budget (you already have
    this prepared)

Partial claim

A partial claim is an option that is
often overlooked. All the overdue
and past payments are put into a
second mortgage. The contract is
between you and HUD. A promissory
note is made payable to HUD. There
is no interest on the loan, and the
mortgage will be paid off when the
house is sold or if the borrower pays
off the first mortgage.

The maximum amount allowed on the
partial claim is the equivalent of 12
monthly payments (PITI). Certain
fees associated with the delinquency
can be included in the partial claim.

                   
*continued next column.
Deed-for-Lease program (D4L)

With the deed-for-lease program, the
homeowner gives up the house after
exhausting all possibilities. The blemish of
a foreclosure will not show on the
homeowner's credit report. The lender will
then lease the house back to the
homeowner. It gives the homeowner
about a year to get his finances in better
condition.

One of the benefits of staying in the
house and becoming a renter, is that if
there are school age children involved,
they will not be uprooted. They will have
the same friends and will be attending the
same school.

=================================

The Home Affordable
Foreclosure Alternatives
(HAFA)

If the homeowner does not qualify for
HAMP, then HAFA presents a different set
of options. The homeowner can still avoid
foreclosure.

HAFA is targeted to short-sales and
deeds-in-lieu of foreclosure. It was
designed by the Treasury Department
with the intention of simplifying the
process. Their hope is that HAFA would
stem the tide of strategic defaults.


Repayment plan

A repayment plan can be discussed with
your lender. The amount that is past due
is repaid over a period of time, normally
18 months. A small amount is added to
the mortgage payment each month until
the delinquent amount is paid in full.


Summary

Prepare a budget.

Call your lender or loan servicer
immediately. Ask for a repayment plan.

Contact a HUD-approved housing
counselor. To find one in your area, visit
the website www.HUD.gov. Ask the
counselor if a partial claim would be a
good option.

Contact the Freddie Mac sponsored
Borrower Help Center.

Complete the application for HAMP or
HARP.

If you do not qualify for HAMP, try HAFA.

There are two issues that need clarifying.
First, the bank doesn't want your house.
Banks are not in the real estate business.
Secondly, the bank makes a profit when
you make a mortgage payment.
Therefore, keeping in your house and
collecting a mortgage payment every
month is in the bank's best interest.

Help is there to prevent foreclosures.
However, you have to take the bull by the
horns and go and get it.
Middle Class Foreclosure

Foreclosed homes are still a ball and chain to the housing
market recovery.

Some houses are vacant and some are rented. "Are we at the
peak of foreclosures?" Many analysts think we are still far
from the peak. Currently, there are over 4 million residential
mortgages past due.

The underlying problem we have now is that the delinquency
is no longer reserved for the subprime market. Middle-class
homeowners with good credit scores are falling behind.

So, if you are considering refinancing, the window of
opportunity might be slipping away. Home values will plummet
as more foreclosed houses come on the market. This will
seriously effect the equity you have in your house, and thus,
how much you can borrow.
Foreclosure By Tax Lien
We are all caught up in the foreclosure fiasco. We are focused on
foreclosure as a result of non-payment of the mortgage. However, lost in the
chaos is foreclosure due to non-payment of taxes to the city.
Watch the
above video.

The city sold the debt to investors. The investors foreclosed.
The city debt was $710.57 for water and sewer. The investor added all sorts
of fees bringing the total to $3,604.41.
THERE WAS NO MORTGAGE.
Boston Community Capital (BCC)
You can get a second chance after a foreclosure. Contact Boston
Community Capital. BCC will buy the property from the bank at market
prices. Which is
Ninety percent of the offers are accepted by BCC.
Watch the above video.
Subprime To Main Street - Mortgage Mess
The foreclosure fiasco has not been resolved. Foreclosed properties will
hit the real estate market over the next 12 months. Expect house prices to
drop in the short term.
Watch the above video.
MERS Loophole Stalls Foreclosures
If you haven't paid your mortgage there is a good chance that you will lose
your home to foreclosure. Because of the MERS fiasco, maybe not today, but
eventually your home will go. MERS just buys you some time. Does MERS
have the power to foreclose? That's the question.
Watch the above video.
Is It Safe To Buy A
Foreclosure?

Considering the "robo-signing" fiasco
and the foreclosure mess, many buyers
are cautious about buying a foreclosure.

Some buyers believe that if there is a
cloud on the title, or if the home is
wrongly repossessed, the previous home
owner will get the house back.

Housing and finance experts agree that
there could be some hurdles to
overcome. However, they stress that the
new home owner should get title
insurance. As long as title insurance is in
place, the house can not be seized by
the previous owners. The new owner will
keep the house and the displace owner
will be compensated with money by the
title insurance company.

Remember, the new owner is buying the
house in "good faith". It will be up to the
title insurance company and the seller to
work out details of the "defect in title".
Examples of defects are, undiscovered
liens, forged signatures or defects in
documentation.

If title insurance can not be obtained, my
advice for the buyer will be to walk away
from the deal. Who needs the
headache? There are thousands of
properties to choose from.
Squatters Move Into
Foreclosure Homes

Foreclosure houses are now being
claimed by squatters. This reveals
another chapter in the foreclosure fiasco.

The neighbors like the idea of a family
living in the house. Many neighborhoods
have been blighted by vacant properties.
In many cases the windows are broken,
the door busted and the lawn covered
with overgrown weeds. The squatters fix
the houses and make them livable. And
this reduces or deters any criminal
activity.

At the forefront of this new "movement"
is Save Florida Homes Inc., and its
owner, Mark Guerette. He is using a
1869 Florida statute that says that the
properties he claims will be his if the
owners do not claim them within seven
years. Mr. Guerrette has filed court
claims on about 100 properties that
appear to be in foreclosure. He has sent
letters to the owners and the banks
making them aware of his plans.

Adverse possession, as this concept is
called, has its proponents. Many
homeless family are overjoyed to find a
month. In return for the low rent, the
tenants do some minor repairs and
maintain the house.

Opponents claim that they are merely
trespassers and should be evicted.
Furthermore, that people like Mr.
Guerrette does not have the right to
collect rent. Rightful owners are left to
evict tenants. This prolongs the
foreclosure process and prevents the
house from being sold sooner.
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