Out of Sight Mortgage Payments: What Can You Do?
Some of us late on our mortgages, some not. Either way, many of us are stuck in mortgages we hate. Many Americans were lured by the attraction of refinancing into low low teaser rates in the ever appreciating market of yesteryear. We were told that when the time came for the payments to go up, we'de simply refinance again and PRESTO! We be in the money again! Well now the banks are in trouble, and nobody is lending money. Our predatory loans are coming back to haunt us, putting incredible strains on our marriages and bank accounts. What are our choices? Who can we trust?
I haven't missed any payments, but I'm getting tired and my savings is circling the drain. I'm not going to be able to do this balancing act for much longer. I've stuck with my commitments until now, but I need help. I've got to find a way to fix this mess, and look at all of my options, and cut a deal with the banks. I've never been in this position before, and sometimes I think the banks would be more willing to deal, if I HAD missed a few payments!
The "end of the line" for me was when a rental home value dropped by $100000 in just a few months. I calculated the time it would take to regain my loss in a healthy market assuming 8% appreciation a year, and it would indeed by over 10 years. So that means no matter what, I'll be scraping to make ends meet for a long long time. No appreciation, no gains. Just damage control. It just doesn't make sense anymore and perhaps it would be better to take a hit now, and start the recovery process, earlier. So where do I go from here?
That's what I had to ask myself, and the professional I talked to. Maybe your in the same boat as me. Maybe your house is worth a lot less than you owe on it. I researched and talked to real estate attorneys, realtors, and CPAs. Here is what I found out, and I hope my story can help you make your own decision.
1. Keep on paying and don't change a thing: The success of this method really depends on the terms of loan you have now. If you can hack it for the long term, it is something to consider. However you realize, you don't know when the market will bounce back. In other words, if your house has lost considerable value, who knows when the value will return to at least the price YOU bought it for, let alone the inflated value of "the good old days." All the experts say, "you can't time the market." I guess its true, especially if they themselves were burned as well.
2. Try to renegotiate your loan with the bank: I've done this successfully. It's a good step if your home hasn't depreciated over $100,000. You just call up the bank, and as for the "loss mitigation department." You tell them your having a hard time, and they will send you a hardship package to fill out. You fill it out, looking as financially desperate as possible, and they will come back to you with a modified loan.
3. Short Sale: This is sort of a pre-foreclosure sale. Your late on a few payments, and the bank takes a serious look at you and threatens foreclosure. You find a realtor to represent you and present the hardship package. The realtor prices the home at a substantial discount and finds a buyer. They present the offer to the bank, and the bank usually accepts the deal, which is a positive situation for all. The bank is always interested in short sale instead of foreclosure as it saves them 10s of thousands of dollars in hassle and legal fees, and allow both parties to move on to new business. You should remember that there are still negative ramifications for short sales, even if less damaging than those associated with foreclosures and/or bankruptcy. However, short sales do carry less negative effects than foreclosures. Short sale sellers are widely seen as more credit worthy than foreclosed sellers. Case in point, Fannie Mae recently adjusted their guidelines to dictate only a two year waiting period for a short sale seller to buy another primary residence, while they extended the waiting period for foreclosures to five years.
4. Deed in Lieu of Foreclosure: This is the second to the last option, and the bank hates this one. It's where you simply say, "Here's the deed to my house, and I'm walking away." The bank then has to sell the house to recover its losses. The lender forgives the borrower's note as "paid" and provides the the borrower with 2 documents: One which states that the debt is fully canceled, and one that waives of the right to a deficiency judgment (the lender's right to ask for the unpaid debt amount if it is not recovered totally by the property-sale)
5. Foreclosure: This is the final option and if you like to go to court, then this is the option for you. In foreclosure, the lender first sends you a summons to appear or foreclosure complaint. The borrower responds to prevent foreclosure and explains the problems at a hearing. The borrower can this point you can still pay the full amount and get the house back during this redemption period. After the redemption period is over, the lender sells the property a public sale or auction and getting as much as they can (or settle for). Any excess goes to you, the original owner/borrower. If the sale amount is less than the loan amount, and in your case it probably will be, you will still owe the balance to the lender. This amount is determined as a result of deficiency proceedings. So as you can see, as we go down the line, the options get worse and worse! As far as my situation, I have to walk away from at least 3 houses. I'm losing a hell of a lot of money, but I'm getting my life back.
I haven't missed any payments, but I'm getting tired and my savings is circling the drain. I'm not going to be able to do this balancing act for much longer. I've stuck with my commitments until now, but I need help. I've got to find a way to fix this mess, and look at all of my options, and cut a deal with the banks. I've never been in this position before, and sometimes I think the banks would be more willing to deal, if I HAD missed a few payments!
The "end of the line" for me was when a rental home value dropped by $100000 in just a few months. I calculated the time it would take to regain my loss in a healthy market assuming 8% appreciation a year, and it would indeed by over 10 years. So that means no matter what, I'll be scraping to make ends meet for a long long time. No appreciation, no gains. Just damage control. It just doesn't make sense anymore and perhaps it would be better to take a hit now, and start the recovery process, earlier. So where do I go from here?
That's what I had to ask myself, and the professional I talked to. Maybe your in the same boat as me. Maybe your house is worth a lot less than you owe on it. I researched and talked to real estate attorneys, realtors, and CPAs. Here is what I found out, and I hope my story can help you make your own decision.
1. Keep on paying and don't change a thing: The success of this method really depends on the terms of loan you have now. If you can hack it for the long term, it is something to consider. However you realize, you don't know when the market will bounce back. In other words, if your house has lost considerable value, who knows when the value will return to at least the price YOU bought it for, let alone the inflated value of "the good old days." All the experts say, "you can't time the market." I guess its true, especially if they themselves were burned as well.
2. Try to renegotiate your loan with the bank: I've done this successfully. It's a good step if your home hasn't depreciated over $100,000. You just call up the bank, and as for the "loss mitigation department." You tell them your having a hard time, and they will send you a hardship package to fill out. You fill it out, looking as financially desperate as possible, and they will come back to you with a modified loan.
3. Short Sale: This is sort of a pre-foreclosure sale. Your late on a few payments, and the bank takes a serious look at you and threatens foreclosure. You find a realtor to represent you and present the hardship package. The realtor prices the home at a substantial discount and finds a buyer. They present the offer to the bank, and the bank usually accepts the deal, which is a positive situation for all. The bank is always interested in short sale instead of foreclosure as it saves them 10s of thousands of dollars in hassle and legal fees, and allow both parties to move on to new business. You should remember that there are still negative ramifications for short sales, even if less damaging than those associated with foreclosures and/or bankruptcy. However, short sales do carry less negative effects than foreclosures. Short sale sellers are widely seen as more credit worthy than foreclosed sellers. Case in point, Fannie Mae recently adjusted their guidelines to dictate only a two year waiting period for a short sale seller to buy another primary residence, while they extended the waiting period for foreclosures to five years.
4. Deed in Lieu of Foreclosure: This is the second to the last option, and the bank hates this one. It's where you simply say, "Here's the deed to my house, and I'm walking away." The bank then has to sell the house to recover its losses. The lender forgives the borrower's note as "paid" and provides the the borrower with 2 documents: One which states that the debt is fully canceled, and one that waives of the right to a deficiency judgment (the lender's right to ask for the unpaid debt amount if it is not recovered totally by the property-sale)
5. Foreclosure: This is the final option and if you like to go to court, then this is the option for you. In foreclosure, the lender first sends you a summons to appear or foreclosure complaint. The borrower responds to prevent foreclosure and explains the problems at a hearing. The borrower can this point you can still pay the full amount and get the house back during this redemption period. After the redemption period is over, the lender sells the property a public sale or auction and getting as much as they can (or settle for). Any excess goes to you, the original owner/borrower. If the sale amount is less than the loan amount, and in your case it probably will be, you will still owe the balance to the lender. This amount is determined as a result of deficiency proceedings. So as you can see, as we go down the line, the options get worse and worse! As far as my situation, I have to walk away from at least 3 houses. I'm losing a hell of a lot of money, but I'm getting my life back.
About the Author:
Follow my story!? Please visit my blog and and see what happens at HouseShortSale.org. You'll learn lots and find resources for your own situation.
posted by Credit Counseling at
9:42 AM
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