Avondale, Arizona Short Sale

Archive for the ‘Foreclosure’ Category

For anyone who might be thinking of whether to file personal bankruptcy, it’s a good idea to think of the long term impact of bankruptcy versus any other way of fixing your credit problem. One of the big issues facing many people today is the threat of foreclosure on their home, compared to bankruptcy. It’s not an apples to apples comparison, but here are some issues to consider.

First, foreclosure is another debt, just like a credit card. If you default on your home loan, the lender can take your house, or foreclose on the note. If you are behind on a car loan, the lender will take back your car. Either of these are major bad credit events, and will result in a drop in your credit score.

Bankruptcy however is a situation where multiple debts are either discharged, or wiped away, by a bankruptcy court, or you instead set up a plan to repay. While credit agencies won’t specify which is worse or by how much, avoiding multiple debts in bankruptcy means that many creditors were left unpaid. For secured creditors, however, like mortgage companies or car financing companies, they did get back a portion of their loan through repossessing your home or car.

If you aren’t sure whether to file bankruptcy or let the bank take your home, there are multiple issues for your to consider. Many times, you can file bankruptcy and lose your home in foreclosure anyway, as a secured mortgage lender can ask the bank to allow them to sell your home and get paid that way. This would happen in Chapter 7 more than Chapter 13 bankruptcies. In Chapter 13 bankruptcies, you will be setting up a repayment schedule, which could help you keep your home and make payments according to the repayment plan you set up with the bankruptcy court. In this case, the bankruptcy court could stop your home fro being sold, if you are making approved payments, thereby avoiding foreclosure.

Whether to file bankruptcy or let your home go to foreclosure will depend on your specific situation, your income, your total debt, and your other expenses. It’s best to make an appointment with an attorney to discuss whether a bankruptcy could actually help you save your home and avoid foreclosure. You might decide that your primary concern is to save your home, and not worry about your credit score. You can rebuild your credit score after bankruptcy, but buying a home or saving the one you have is much tougher. Talk with a credit counseling agency or bankruptcy attorney before you decide whether bankruptcy is worse than foreclosure for you and your family.

Do you need to decide right away whether to go through bankruptcy or foreclosure? You can find more about filing personal bankruptcy at BankruptcyHelpOnline.

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For more videos on short sales check out Kevin and Fred on the Short Sale Power Hour. Video for Short Sale Specialists.

With the economy at its lowest point in memory and unemployment at historically high levels, you may be concerned about your economic future. As you track the news, the buzz surrounding plummeting home values always includes a discussion of foreclosure. It seems that more and more people have to foreclose on their homes. Perhaps you are struggling financially, and you are wondering if foreclosure is a possibility for your home. Maybe you’ve heard about a loan modification or a mortgage modification as an alternative to foreclosure, but you are unsure as to what any of that means.

A foreclosure is when the legal ownership of a home ends. In other words, the lending institution that holds your mortgage takes your house and you have no more legal rights to it. This often happens when the monthly mortgage payments have not been made. Usually, the lending institution will sell the house at an auction and use the money from the sale of the house to pay down the remaining mortgage debt.

The current administration is trying to help homeowners avoid foreclosure by working with lenders to offer loan modifications to their customers. A mortgage modification can help you avoid foreclosure when your lending institution changes a portion of the mortgage agreement so that you can afford the monthly mortgage payments. The mortgage holder can reduce the interest rate on the mortgage, or they can lengthen the term of the loan and reduce the interest rate. Changing one or both of these terms of the mortgage will lower the monthly mortgage payments. The goal is for the homeowner to avoid foreclosure and keep their house.

Before deciding that foreclosure is your only option during this difficult economic climate, consider loan modification. Likely you will need to summarize your monthly income and your monthly expenses. You will also need to write a hardship letter along with your application.

If you are serious about mortgage modification, you should look into getting a home loan modification kit. One such kit is 60 minute loan modification; it is basically a loan modification encyclopedia. The kit includes outlines of properly written hardship letters, important information about all major lenders, important to know terms and vocabulary and much more.

If you want to learn more about loan modification and 60 minute loan modification click here

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Watch Kevin and Fred, Short Sale Specialists, on the Short Sale Power Hour. Video for Short Sale Specialists.

From the Sciencedaily.com website, August 2009: The nation’s home foreclosure epidemic may be taking its toll on Americans’ health as well as their wallets. Nearly half of people studied while undergoing foreclosure reported depressive symptoms, and 37 percent met screening criteria for major depression, according to new University of Pennsylvania School of Medicine research …. Many also reported an inability to afford prescription drugs, and skipping meals. The authors say their findings should serve as a call for policy makers to tie health interventions into their response to the nation’s ongoing housing crisis.

This study follows the pattern of typical studies ginned up to encourage more government intervention into people’s lives. The pattern is usually as follows: find a problem that most people recognize as a problem, find some casualties, suggest that some kind of new program will reduce the casualties, advocate the creation and funding of the new program. Stir and repeat.

As everyone knows, going through hard times, such as foreclosure or the loss of a job or spouse, cause some people to feel bad. In this case, the bad feelings are identified as depression–sometimes minor, sometimes major. But note the ginning up of the statistics. This study reports that less than half the study participants reported ‘depressive symptoms.’ What are depressive symptoms? For the purpose of studies such as this a depressive symptom could be something as simple as checking off a box on a questionnaire that asks if you feel bad. Truly, simple as that. If you feel bad after receiving a foreclosure notice you demonstrate a depressive symptom.

Actually, come to think of it, who doesn’t show a depressive symptom after receiving a foreclosure notice? It is an odd person indeed who doesn’t show at least some signs of depression after receiving a foreclosure notice. Which raises another question: How in the world did less than half the participants in this study NOT show depressive symptoms after receiving a foreclosure notice. Is this study trying to imply that most people are so dense that even a threat to their homes doesn’t get them to notice and react?

The next step, after getting a warning foreclosure notice and reacting by feeling bad (or not reacting, which most people in this study seem to do) is action. This study found that people who show depressive symptoms tend not to be able to afford prescription drugs and tend to skip meals. We’ll leave the meals aside for a moment, since we have no baseline data. Are people who receive foreclosure notices over- or underweight? Is the loss of a meal good or bad for their health? Is there a correlation between obesity and foreclosure? We don’t know and won’t speculate here. Let’s just say that skipping a meal or two or three is not a serious issue for most Americans. Until proven otherwise, the inclusion of the loss of meals in this study seems trivial and/or unnecessary.

Prescription drugs. Is it any wonder that people in an economic crisis such as foreclosure tend not afford or choose not to afford prescription drugs? If they can’t afford the roof over their heads is it likely they’ll have spare change to afford prescription drugs? Two things can be said about the affordability of prescription drugs.

One, many, if not most, prescription drug manufacturers have programs to make their drugs available at low or no cost for people in economic tough straits. All a person in economic trouble need do is apply to the manufacturer’s program. Manufacturers are very willing to ride in on a white horse and help people in trouble. In fact, it makes a lot of sense to apply to these programs because they very often make the drugs available for free. That kind of makes it better for people to be poor than to be average economically. The poor often get for free from manufacturers something that can cost the average person quite a bit.

Two, more and more studies have been published recently which indicate that most prescription medications for depression don’t work. They do not do much better than placebos (sugar pills). There has been quite a bit of debate recently about the effectiveness of prescription depression medication, so not exposing more people to them might be a very good thing. Over-the-counter medication, alternative medications (such as herbal and ayurvedic) may work just as well as those expensive prescription drugs. This question is up in the air at this period of time. So encouraging something that might do more harm than help (at the very least, might do more economic harm to the buyer in foreclosure tough times) is questionable medicine.

Of course, the linked article suggests new, expansive, expensive government-funded programs to ’solve’ this problem–the problem of cheering up the fewer than fifty percent of the population going through foreclosure who feel bad. There is zero evidence that programs such as the kind of thing recommended in the linked article work. There is zero evidence that people want this kind of government-sponsored intervention in their lives, especially during weak moments. There is no evidence how much such programs cost and how much they will add to the tax burden, thus causing even more people to be unable to afford housing because their money is being siphoned off for these unproven but sure to be elaborate and expensive programs.

Suggestion: be wary of advocates of expensive new programs that attempt to treat problems that people have dealt with for centuries in the past bt their own means. Some people want to take away your liberty to line their pockets in the guise of ‘doing good.’

Noo Yawka has many blogs on many topics. This article fits the theme of his blog http://www.joblossrepair.info

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Watch Kevin Kauffman and Fred Weaver of Group 46:10, Short Sale Specialists, on the daily Short Sale Power Hour.

One of the best and easiest ways to build a real estate business is to buy a property from a homeowner that is in foreclosure. Pre foreclosures are properties that are in the final stage just before they are taken back by the bank. The Pre- Foreclosure stage starts with the homeowner missing a mortgage payment and ending when the property is auctioned.

The foreclosure process may take a long time. Even after the owner misses several payments and the bank starts foreclosure proceedings, it can take several months before the home is actually repossessed and put up for auction or sale. The owner is still in charge of the property and has possession of it; however he/she knows that if payments are not made soon, the bank will repossess the home.

Using the pre-foreclosure process to one’s advantage is a wise idea because these home owners are the most motivated types of sellers: they have a true deadline. Other sellers will say they are motivated or would like to move on, however none of them have a deadline that they are not in complete control of. In this case, the bank is in control of setting the timeline, and usually the bank is unwilling to adjust the deadline. Because of this forced deadline, the homeowner needs to make a decision before the bank makes the decision for them, and they lose everything.

In addition to having the most motivated types of sellers, the pre-foreclosure process has the most motivated types of lenders. These lenders do not want to keep the property; they simply do not want to lose their money. However, in many cases the lenders are willing to take less than what the homeowner owed simply to get rid of the bad loan. This type of sale is called a short sale, and it is a valuable technique to understand in the pre-foreclosure process.

The pre-foreclosure area of real estate is has great potential for profit. It is important to recognize what stage the market is in and which strategy to apply. Applying the correct strategy at the proper time will produce massive profits.

Foreclosurelists

Aiden Win

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We’ve all heard the term “you get what you pay for” but in today’s economy, many online services have turned to “try before you buy” to win customer loyalty. There are a lot of companies offering information on foreclosures, and they’re all vying for your money. More and more companies offer free trials, and yes, they do represent good quality listings.

Why do they need my credit card info?

In an altruistic world, you could offer me a free trial and I would only take it once. In the real world, free trials often get taken advantage of without some kind of prevention in place. That’s why companies – legitimate companies – ask for credit card information.

Why You Can Cancel at Any Time

Most people can take their 7 days of free access, and put it to good use. A company with good information will know you’ll not only be back for more, but you’ll bring your friends along for the ride. Go with a listing service that has a good reputation, and you won’t have to worry about getting stuck in a bad transaction.

Why You Should Take Advantage

Some listing services only give you an address, or worse, a parcel number. They leave it up to you to look up the rest of the information. That’s difficult when you’re in town and know the layout, let alone states away! Quality services give you the information you need (including photos) to know whether a foreclosure will be a good investment.

It’s normal to be skeptical when someone offers you something for nothing, but foreclosure listing companies see these free trials as investments in you. Go with a service that has the right reputation, and get the benefit of quality, Up to Date listings – FREE!

By the way, by researching and comparing the best free foreclosure listings services in the market, you will be able to determine the one that meets your specific requirements, plus the free or cheaper options. This way you will save time through up to date foreclosure listings and money by getting better results over your investment.

Hector Milla runs the Free Home Foreclosure Listings website, where you can see a review of the best rated free foreclosure listing service.

Read our full reviews, plus hundreds of articles and video training about this subject.

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REO, or real estate owned, is a property which is classified as one owned by a bank or lender. Such kinds of property are a result of default payments by the mortgagee and subsequent foreclosure auction by the bank. Once a mortgagee starts defaulting and is unable to pay the monthly installments; the bank shall deem the property fit to be put up for foreclosure through an auction. The base price is fixed as the amount that is to be repaid by the borrower. In case no higher bids are available, the bank shall legally be deemed to be owner of the property. This is when the property gets classified as REO.

As soon as a property goes into a distressed status; where-in the borrower starts missing the mortgage payments, the bank shall determine the exact equity that the property has in the market. A method to determine the equity is to obtain an opinion from a broker or an appraisal company. Once this report is ready, the bank shall fix the minimum price that it ought to get, and then decide on future action. The action may be foreclosure auctions or in case this does not yield required results, a short sale option is also explored.

Foreclosures are sometimes a starting step towards REO property. While foreclosures tend to bring a minimum amount of profit to the lender by way of auction sale, real estate owned property becomes a liability to the bank. The bank shall then try to sell the property, after removing all present liabilities on the property, by ay of unpaid taxes or maintenance charges. Once the property is clear of all the unpaid dues, it shall be free to be sold in the open market. Some banks have asset management departments which take care of such assets, which have been confiscated due unpaid mortgage payments.

This department shall be responsible for disposing these assets. In some cases, where banks do not have such departments, they either use the services of a real estate broker or use classified advertisements in newspapers or internet sites to sell off such properties. The methodology adopted could either be open auctions or sealed bids, depending upon the policies and regulations of the bank. Most listings that appear on internet sites are normally put up by brokers who act on behalf of banks or lenders.

Real estate owned properties are treated as a liability because the banks do not want to spend their time and money to manage assets, as this certainly is not their core operation. They would rather sell these assets and make profits, as the mortgage departments are specifically designed to do such kind of work and have no or very less experience in managing real estate assets.

Great homes to live in at Glendale AZ Homes and Goodyear AZ Realty.

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Foreclosure is the legal process in which you may lose your rights to a mortgaged property, say your home or usually some kind of real estate, after you have made the mortgage in order to borrow money. That makes you the mortgagor, while the mortgage represents the security for the money you have loaned from some credit company. Besides actually allowing you to be able to get your hands on the money you want to borrow, the mortgage also gets you a shot at a reduced interest rate from the lender.

When you take a mortgage loan, you retain possession of your home, and foreclosure is affected only if you fail to make payment of the debt at the proper time or to meet other obligations specified in the agreement terms of the bond.

Now here’s the catch; to effect a foreclosure, the lender usually has to apply to a court for authority to sell the property or to proceed with the sale under a power that has been provided within the mortgage itself. If you are going to stop the foreclosure proceedings, you are going to have to do it either before the lender makes it to court in the first place, or before the court gets to pass the injunction that allows them to kick you out and sell your home.

The lender here is the mortgagee because they hold your mortgage – which they could do personally, or by a trustee on their behalf. Their plan, when they foreclose on your property, is to apply the money received from its sale to all debts that you owe on the property, including – no, especially – payments due to the mortgagee. Either way, you get to lose if the process is complete, so the best way to stop foreclosure on that account is to see to it that they actually never start the process.

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Many homeowners are not quite clear on how the foreclosure process works in their state, especially due to differences between judicial and nonjudicial foreclosure proceedings. State law and federal lending law may also affect how the process moves forward, as HUD-guaranteed loans or those insured by the FHA can complicate the matter even further.

For mortgages owned by HUD (not just insured or guaranteed by the agency), a type of nonjudicial foreclosure may be pursued even if the state in which the property is located requires judicial foreclosure procedures to be used. The statute is called “Single Family Mortgage Foreclosure” and it replaces applicable state law. Even if no power of sale clause is included in the mortgage contract, HUD may use the nonjudicial foreclosure process.

This clause clearly seems to go against the right to contract, as it negates certain aspects of mortgage contracts used by borrowers and lenders. There may also be unlawful taking issues when the federal government affects foreclosure laws and redemption rights. In addition, there is no required pre-foreclosure meeting or hearing for the borrowers.

In order to sue homeowners for foreclosure and obtain a judgment against them, the lender must prove three aspects of its case:

1. There is a valid mortgage between the lender and borrowers 2. The homeowners are in default of the mortgage contract 3. Foreclosure procedures have been followed according to the law

If the bank does not follow the foreclosure procedures for notice or court requirements, even a sheriff sale may later be voided.

One positive aspect of the judicial foreclosure process is that homeowners can raise claims against the lender that would otherwise have been barred by statute of limitations regulations. For instance, even if the statute of limitations for Truth in Lending Act violations has passed, borrowers may still raise these issues in a defense of a foreclosure case. But if the foreclosure is through nonjudicial procedures, these claims may not be allowed by the court.

All states allow homeowners the right to redeem their property by paying off the loan in full (plus interest, costs, and other applicable fees) prior to the sale of the house. Nineteen states give borrowers the right to reinstate their mortgage by curing the default and paying the amount past due plus applicable costs and fees. This must be done before the sheriff sale of the property in order to be accepted by the lender.

When homeowners file bankruptcy to stop foreclosure or delay a sale, they do not give up substantive or procedural defenses to the bank’s attempts to take their home.

In many cases, the mortgage company does not strictly follow the pre-foreclosure procedures dictated by state and local laws. In these cases, courts have found that strict compliance is necessary for a foreclosure to go forward. Foreclosure is such a harsh remedy to the problem that these strict requirements are necessary for lenders to follow.

If a lender accepts late payments from a homeowner, it may be waiving its right to accelerate the mortgage later on in the case of default. Courts have found that allow late payments and not insisting on future on-time payments may be a waiver of the right to accelerate. The state of Maine goes even further than this and states that accepting a payment after foreclosure procedures have been started but before the right of redemption ends is considered a waiver of the right to foreclose on the home at all.

Nick writes daily articles specializing in how you can save your home from foreclosure while there is still time left before a trustee sale or eviction. Learn to defend the bank’s attempts to take your home, find a reputable lawyer, delay a trustee sale or eviction, qualify for a foreclosure refinance program, and put together a reasonable alternative that will let you keep your property from being auctioned out from under your feet. Visit his site to read more about your options to prevent the loss of a house and understand more about how and why the housing market has been collapsing for several years now: http://www.yousaveforeclosure.com/

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With all of the good and bad reports about Loan Modification, it can be difficult to determine if this could be the answer for you should you be facing the devastating possibility of foreclosure. The truth is that there are several legitimate loan modification companies that can often stop foreclosure proceedings immediately and give you the chance to wipe your delinquent mortgage slate clean and offering you a new and more affordable payment and an opportunity to keep your home.

In a Loan Modification you will need to prove information to the lender to show that you qualify for the modification. There are not too many qualifications, so you must meet all of them. First you must have received your mortgage prior to January 2008.You will also need to show your income. The loan amount can be modified to 31% of your income if it is currently in excess of 38%.

The most important of the qualifications you will need to provide is the Loan Mod letter you will need to write. This letter will need to explain several key points to the lenders you are requesting modification from. First you should explain without emotion what happened that put you behind financially. Next you must make them understand what you have done to ensure that should you be granted a modification loan, you will not find yourself in the same financial situation. Explain what you have learned in the experience and how you have overcome your obstacles. If you have gotten a better job, consolidated or paid of other expenses, whatever steps you have take to prove to the lender that you will maintain the mortgage payments once the loan is modified.

Do your research on Loan Modification companies and find the one that is right for your needs. A good lender can walk you through the modification process and just may be able to help you save the home you worked so hard for.

Final Tip: By researching and comparing the best loan modification companies in the market, you will be able to determine the one that meets your specific financial situation, plus the cheaper and quicker options available. However, it is advisable going with a trusted and reputable stop foreclosure specialist before making any decision, this way you will save time through specialized advise coming from a seasoned loan mods advisor and money by getting better results in a shorter span of time. Meaning getting your house out of risk as soon as possible.

Hector Milla runs the Best Mortgage Loan Modification website, where you can get immediate assistance from professionals serving your state. We have done all the hard work for you and selected the best 3 rated loan modification services.

Read our full reviews of those companies, plus hundreds of articles and video training about how to stop foreclose and the best way to do a loan modification in order to stop a foreclosing proceeding.

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