This is long overdue but I want to clear the air of several mis-understandings regarding distressed properties and exactly (not that there is an exactly here) how it all works. There are so many people that feel they have no options, and honestly, it simply isn’t correct. There are several options so don’t you or someone you know, become a victim of this market. Get informed and work through it. It will be worth it, I promise!
First let’s see who owns your note (loan) it isn’t always the entity you make the payment to. There are two sites that are easy Fannie Mae Loan Lookup at http://loanlookup.fanniemae.com/loanlookup/ and the Freddie Mac Loan Lookup at https://ww3.freddiemac.com/corporate/. These are very important sites because if either of these entities owns your note, they have guidelines from the government on how to modify, short sale, foreclosure or otherwise handle your hardship. If the above mentioned response is a negative, call your mortgage company and ask, “Who is the investor on my loan?” Once you know this adds to your understanding of how to best negotiate with them. This applies to second mortgages too.
I want to say first, keeping your house is the ideal, especially if your hardship is something that will change, you still love your home and it is where you want to live. This being said, loans are being modified, and even rental homes (I just did one through Citi Mortgage) to as low as 2% and ammortized out over 40 years max. This is a very agressive move to help you keep your home by the banks. Please take advantage of it! I will make another post on just how it works, but for now call your bank or call me, I will walk you through it.
Deed-in-Lieu of Foreclosure is the least damaging avenue to give your home back to the bank. A few conditions need to be met; title should be clear, no tax liens, no mechanics liens, no second mortgage. This will likely not affect your credit, be sure to negotiate that this satisfies your debt in full and get an attorney involved. You don’t want some loophole leaving you a deficiency later. But, you sign some documents, move out and it is over. You will likely be asked on future loan applications if you have done a Deed-in-Lieu but at this time, to my knowledge (and I have been wrong before) it won’t affect your credit.
Short Sale is the second option and I list it second because it is a very good alternative to foreclosure. It also brings several benefits to the home owner, not the least of which is a long process time allowing a home for free for several months. Other benefits would include owners can repurchase a home with FHA after 2 years with a short sale and 5 years with a foreclosure, a big deal if you like owning your home and the fact that FHA is the easiest organization to get a loan with right now. It is done without a deficiency if done correctly, again, make sure you have good contracts and an attorney. If you aren’t behind on your payments, it is actually possible to negotiate it so that it won’t affect your credit. Novel idea I know. Most people just use the regular contracts but short sales, as in all things, are negotiable. SO NEGOTIATE! I love to negotiate, it is a lot of fun, and it creates a win-win for all parties. This is far superior to just letting your house go to auction, you need to take a little action but it will pay off for years to come.
Foreclosure, yes the big “F”. Well, it is a fact these days, they are happening. So let’s deal with it. If you have a bank that won’t work a Deed-in-Lieu or a Short Sale prepare yourself for a foreclosure. Presently, most of the big banks are not pursuing deficiencies but the local credit unions and banks are. Be prepared because this can haunt you for a while, seven years for sure. First, get an appraisal ordered on your property within a week of the sale date. This is important because in the state of Utah, if they start the auction below what you owe and no one buys it, the bank does at the lower value, leaving the difference to you as a deficiency. This is very important to know, because just when you thought it was over you actually end up with a new struggle. They have 3 months to file a deficiency and sue you. You need to respond. Show up to your auction and see who is there, see if anyone actually bids on it, etc. especially if you are with a local bank.
The last alternative is Bankruptcy. It is a very good strategy giving you time to get things in order, protect assets, etc. You need a good attorney to work through this strategy however. I am not going to into it here, especially since I am not an attorney, but consider it if you have a local bank and have a risk of defiency and have a lot of assets or no assets (ask your attorney to explain).
More information can be found at www.makinghomeaffordable.gov. Please make yourself aware of what can be done, strategize with professionals that understand your options, and make the best move for you. This market has thrown so many people into situations they would have never thought possible. Don’t be helpless because there is a lot you can do.
Brandi Hammon is the broker at Mountain Luxury Real Estate and Development and is helping home owners keep their homes and assists home owners in short sales and distressed property disposal. She also lists and sells for several banks. Brandi and her team are well versed on current strategies and utilize professionals to help assist homeowners in Utah. Visit www.MountainLuxury.com for more information or call 888-9MY-Utah or visit us in Ogden and Eden, Utah.