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One of the problems that the real estate industry is running into is the lack of credible, well versed people that are attempting to do shortsales and they themselves are not aware of all the options out there.
What your options are including a short sale:
This is a copy of the notice that I provide to all my distressed sale Homeowners.
NOTICE TO OWNER OF DISTRESSED PROPERTY
IF YOU ARE DELINQUENT IN THE PAYMENT OF YOUR HOME LOAN, YOU SHOULD DISCUSS YOUR
SITUATION WITH AN ATTORNEY BEFORE OFFERING YOUR PROPERTY FOR SALE. THE FOLLOWING
OPTIONS AND REMEDIES MAY BE AVAILABLE TO YOU:
1. Reinstatement: Bring the loan current. This is recommended if your financial hardship was temporary.
You may have to pay all missed payments and there also may be late fees, legal fees and other charges.
2. Modified Reinstatement: If you cannot pay your deficiency, you may be able to either negotiate a
repayment plan, add the balance to your principal, or negotiate a combination of those.
3. Refinance: If you have sufficient equity, income, and credit, you may consider refinancing.
4. Loan Modification: Some lenders may be willing to modify your loan by either lowering your interest rate
or principal to keep your payments affordable.
5. Rent the property: If your mortgage payments, insurance, taxes, and other housing fees are less than
what you could rent your property for, you may be able to reinstate the loan and rent the property. You may
need the lender's consent to rent.
6. Sell the Property: If you have sufficient equity and pay the loan before foreclosure you may be able to
sell your property.
7. Short Sale: If you owe more than what your property is worth, and none of the above options apply to
your situation, then this may be available to you. The lender's consent would be required.
8. Deed in Lieu of Foreclosure: The lender may be willing to take a deed in satisfaction for what you owe.
This is more complicated when there is more than one lender.
9. Legal Advice: A Broker's expertise is marketing. You need a lawyer's advice and assistance to properly
deal with the options available to you regarding a delinquent home loan. So, we at Prudential Northwest
Properties strongly recommend that you consult a knowledgeable lawyer promptly.
There are federal government programs that may assist you:
• Home Affordable Modification Program (HAMP) - designed to enable borrowers that meet
eligibility requirements to avoid foreclosure by modifying loans to a level that is affordable for borrowers and
sustainable for the long-term.
• Second Lien Modification Program - designed to enable borrowers struggling with their
mortgage to lower payments on second mortgages.
• Home Affordable Foreclosure Alternatives Program - provides borrowers that do not
qualify for a HAMP modification with options to avoid foreclosure through a short sale or deed-in-lieu.
• Treasury FHA-HAMP - designed to enable borrowers with FHA-insured first lien mortgage
loans that are modified under FHA-HAMP, eligible for certain incentive payments under HAMP.
05/2010 Prudential NW Properties
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