Many families are in financial trouble because of a declining economy and an unstable real estate market. Numerous families are finding it increasingly difficult to pay for their mortgages and are in jeopardy of losing their homes to foreclosure*. Unfortunately, homeowners are not aware of the options that are available to them, or whom they can turn to for help.

First and foremost, a homeowner who is about to be or already is in financial distress should contact their current lender(s) to find out if there are options available for their particular situation. In some cases, a loan modification can be arranged directly with the lender, at no cost.

Regrettably, a significant number of home loans were poorly written; therefore, loan modification is not an option for a large portion of borrowers in distress. Homeowners may seek counseling; counseling is offered free of charge, by calling the U.S. Department of Housing and Urban Development, HUD, toll free at: (800) 569-4287.

Homeowners should stay away from and beware of paying any fees to ANYONE, including so called, "counseling agencies", as they are not regulated and offer little to no help. Most states have also set up toll free numbers to counsel their residents, so check with with your State of residency.

More and more homeowners, who have been unsuccessful in getting any assistance from their lenders and/or government agencies, are turning to a CERTIFIED DISTRESSED PROPERTY EXPERT© (CDPE©), a Licensed REALTOR® who specializes in helping distressed homeowners who are “upside down” on their equity, late on their mortgage payments or who are already in the foreclosure process. A CERTIFIED DISTRESSED PROPERTY EXPERT© will see the homeowner through their distressed situation by successfully negotiating a short sale with their lender(s).

Lenders are now more willing to accept a short sale offer for a property's true value, even if it is less than the amount owed. However, lenders are receiving thousands of short sale offers per month (most of the offers are incomplete packages that get tossed away or to the side) so a complete and well-prepared short sale offer package, sent by a CERTIFIED DISTRESSED PROPERTY EXPERT©, has the highest chance to be expedited quickly through a lender's full log.

The end result of a short sale is minor when compared to the consequences of a foreclosure. Foreclosures have a devastating effect on credit history, job security, employment opportunities, security clearances, military and law enforcement careers, and the ability to purchase a home in the future; these are just a few examples of the damaging consequences of a foreclosure. Additionally, a foreclosure becomes public record, which is searchable by anyone, and can NEVER be removed.

We have all been bombarded lately with new creative ads, mailers, door hangers, TV and radio commercials promoting "foreclosure delay experts". These ads are an example of how advertising is being misused to confuse vulnerable homeowners. Some ads claim to provide a service whereby they guarantee a homeowner will stay in their home for one year. Another example of how deceitful information targets already distressed homeowners. The average time for a foreclosure proceeding in Florida is in excess of 200 days, free of charge; so these less-than-forthcoming advertisers are charging money, when people need it the most, for a service that homeowners, in essence, already have.

If a homeowner has the available money to pay for these deceitful services, he/she should use that money to make their mortgage payments.

Please do not pay, or let anyone you know pay money to anybody claiming they can stop foreclosures, including attorneys. Attorneys cannot stop foreclosures! The new "fighting foreclosures" and "foreclosure defense" ads attorneys are now broadcasting are an additional example of how the manipulation of information is being used to confuse and mislead the targeted distressed homeowner. The "defense" to a foreclosure is payment. The attorney, however, for a fee, can prolong the legal process of a foreclosure until the homeowner is broke or all legal extensions have been exhausted. Nevertheless, in the end, the homeowner will still lose their home to a foreclosure and and face all the disastrous consequences that a foreclosure brings. Unless the homeowner is actively trying to sell their home and the attorney and Realtor are working towards that goal, then hiring an experienced attorney will play an important role in asking the courts for time for the home to sell.

If the borrower can pay the total amount owed to the lender, even up to the sale date, the lender will stop foreclosure. No one but the lender can stop the foreclosure process, and they will do so when either the homeowner pays the mortgage, bringing the loan payments up to date, or there is a successful negotiation of a short sale. These are the ONLY two ways for a foreclosure process to end. The homeowner will then be able to move on with his/her life, and in many cases, be eligible to own a new home in two years.

If you (or anyone you know) are about to miss a mortgage payment, have already defaulted on a home loan, or have been served foreclosure papers, a CERTIFIED DISTRESSED PROPERTY EXPERT© is able to help. The sooner you seek help the better but help is available even up to the last phase of a foreclosure, so please do not refrain from seeking help, because you might think it is "too late". A CDPE© will not charge the homeowner. The CDPE© gets paid by the lender, at the end of the foreclosure proceedings, due to the successful sale of the home.

I cannot emphasize enough that no money should ever leave a distressed homeowner's hands, for those "services" and "delay experts" or for Realtors who charge a fee to list the home. (I have heard of Realtors charging upwards of $1,000 per listing). Outrageous.

This information barely scratches the surface. Mortgage delinquency and foreclosures are complex issues. Each and every case has its own unique set of facts and challenges. In most cases, homeowners are experiencing this overwhelming stress alone, without help of any kind, from anyone. It does not have to be that way. Families all around the country are in desperate need of proper guidance.

Not only do homeowners feel uncomfortable seeking the help of strangers, but a good amount of distressed homeowners might not feel comfortable asking delicate, private financial questions to people they do know. As a result, they do not ask anyone, falling deeper in trouble and are more vulnerable to scams. The Short Sales Message Board is a venue that was created specifically for distressed homeowners to ask Experienced Real Estate professionals questions, while maintaining total privacy.

A foreclosure is a devastating financial and emotional process for any family to endure and recover from and it should hardly ever happen. Foreclosure IS the last resort.

 

* In Florida, a Judicial State, a foreclosure happens when a lender files a lawsuit in State court against a borrower.

 

Help lots of people and have a great day!!!

Patty Da Silva, CDPE©

CERTIFIED DISTRESSED PROPERTY EXPERT©

Real Estate Short Sale Specialist®

At Home with Diversity®

Licensed REALTOR® & Mortgage Broker

305-244-0609

http://www.pattydasilva.com

 

Legal Stuff: This article (Contents) reflects the opinion of the author and it is not to be considered legal advice. The author is not an attorney or a CPA. If you are in need of legal or tax advice, it is recommended that you to contact a trusted professional advisor, as laws vary from State to State. The author is a Licensed REALTOR® and able to give real estate advice. Patty DaSilva, CDPE©, makes no representations or warranties of any kind whatsoever for the Contents of this article, for third party Web sites or for any products or services mentioned or offered in the Contents or in third party Web sites. The Content comes without warranty and it is subject to change without notice.

Copyright © 2008 By Patty Da Silva, CDPE© All Rights Reserved. *Shouldn't foreclosure always be the homeowner's last resort?* Please contact Patty Da Silva, CDPE© for any assistance.

Help lots of people and have a great day!

Patty Da Silva, CDPE©, RESS®, AHWD®, e-PRO®, GREEN, CFS
BROKER - Owner REALTOR® - Green Realty Properties

Visit www.pattydasilva.com for SouthEast Florida's best properties.

 
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37 Comments on Shouldn't foreclosure always be the homeowner's last resort?

AUG
18
2008

I just found this article while surfing google..I am so glad that I finally found a well written article that gives great advice regarding the whole foreclosure vs. short sales dilemma ! I can't believe all the ads I have come across regarding fighting foreclosures..what scams!!! I am so glad that this article was written to put to rest some of the confusion created by the slime of the earth attorney's out there who feed on the less fortunate.  I will forward this article to EVERYONE I know!! Thanks 

Shane
7:48pm • #1

Good thing to see these articles reaching out to the general public who seems to not be very well informed.  It is true, a foreclosure can be crippling financially.  Your credit can be ruined and you are not worth anything in this country if you don't have decent credit.  The creation of the CDPE certification was a wise idea to help those in need.  I hope all CDPE's, like yourself, are able to reach out to all people in this dilemma in your area.  Keep up the good work!

Ana
8:27pm • #2

Very timley and useful information. The economy is really taking a toll on everyone I know and the last thing anyone needs is a foreclosure on their credit history. Thank you  for taking the time to write this, especially to inform people that there are better options.

 

Flavia
9:32pm • #3
AUG
19
2008

Thank you for the post. What can we, as Realtors, do to reach out to these homeowners sooner than later? They do try to hide in the shadows and suffer alone, so what is the best way to get our message out to them?

10:52pm • #4
AUG
20
2008
2 Featured Posts Localism Sponsor

Good morning Dawn,

 

I started with my client base. The distress is so wide spread that you do not need to go very far. Just by letting your clients know you can help and asking them to please pass the information to everyone they know and everyone they know, etc...you will be doing more than you can imagine.

People in distress feel alone, sometimes ashamed and it is our job to reach out and assure them that their privacy is safe with us. They are at their most vulnerable and we must to get to them before anyone whose intention in solely to charge money and provide little to no service at all. The short sale message board is a great place for them to go to ask questions, safely.

Only the owner or a Realtor can sell a home, remind your clients of that, and there are only two ways to end the foreclosure proceedings; pay the loan up to day or successfully sell the home.

No one but us Realtors can help and we need to organize and get our message out asap....every home that goes for sale at a courthouse step, is a Realtor not doing their job. A Realtor could have helped!

I highly recommend that you take a course in how to handle distressed properties, you will learn how to properly submit a short sale package to the bank, among other things, which I think is single most important part of the transaction. If the CDPE© course ever comes to Ohio, please go.. attending the couse is one of the best decisions I have made in my career.

Thank you so much for writing!

Help lots of people and have a great day!!!

Patty Da Silva, CDPE©

CERTIFIED DISTRESSED PROPERTY EXPERT©

Licensed REALTOR® & Mortgage Broker

305-244-0609

http://www.pattydasilva.com

 

10:59am • #5

Wow!  So much information!  It really can be overwhelming.  Thank you so much for putting this information out there.  I am in a very extreme situation, and often times I just want to throw in the towel!  However, you have answered many of the one million and one questions that I have.  I will hang in there and seek out a CDPE.  Are you available????

Natania Trapp
5:29pm • #7
AUG
22
2008

Thanks for the article - very informative and helpful - more people need to be better educated n their options and scams out there.  It seems we all have either been personally effected by this crisis or know someone who has at this point ... it is so sad.  Thank goodness for people like yourself to help families in need of good advice. 

Leisa
10:57am • #8
NOV
05
2008

I'd also like to advise people to avoid "loss mitigation" companies that promise that they have a "proven method" to save your  home. They charge  you up-front (even though that's illegal) and even if they can't save your home they keep most of your money. I'm sure they're all legitimate - in t he sense that they do call up your lender and ask for a loan workout - but they don't have any special "ins" as they say they do on their websites, and typically they do no more than what you could do yourself.

I refer in particular to a company called Apply 2 Save, which I gotta tell you is a complete joke.

There are plenty of locally funded groups that can help you. At the very least, talk to a lawyer before you talk to a loss mitigation firm!

Fran Heyer
11:34pm • #9
NOV
06
2008
2 Featured Posts Localism Sponsor

Hi Fran,

I couldn't agree with you more! There are new "companies" and new scams popping up everyday.

I received a call from someone who had just left a "seminar" where she was told to "turn over her property to their system and not only they would sell her home but she would also receive equity from the sale".

That is scary on it own since once people deed the home to this companies they are no longer the owner of the home and not able to make any decisions anymore, but they still financially responsible for the home.

But this one was extra frightening. While I had the client on the phone, I looked up this company, that had a one page website, and as I scroll to the bottom of the pages, I see a company name that ends with LLC.

I go to the Florida Department of Corporation and this so called company does not exist! Never has!

Companies like the one above are preying on good people seeking for help and it is shameful.

Florida passed a law that makes it a felony to collect money from a distressed homeowner without disclosures being signed. It is a small strart but people have to be careful before just giving their home or business to shady people and companies.

Thank you much for you stopping by Fran.

Help lots of people and have a great day!!!

Patty Da Silva, CDPE©

CERTIFIED DISTRESSED PROPERTY EXPERT©

Real Estate ShortSale Specialist®

Licensed REALTOR® & Mortgage Broker - Senior Financial Advisor

305-244-0609

http://www.pattydasilva.com

8:04am • #10
NOV
25
2008
NOV
26
2008
NOV
27
2008
Outside Blog Hit Router

Dear Patty,

Very well written, I would only add that experienced lawyers in the field are indeed needed very much to delay the foreclosure process while in a short sale process, to gain the required time to place the property in the market.

 

JM Padron

3:33pm • #15
NOV
28
2008
2 Featured Posts Localism Sponsor

Hello JM,

Thank you so much for stopping by.

Attorneys can be a great help indeed. My main concern is when the legal process is not accompany by trying to sell the home.

Legal representation is helpful since the courts will most likely grant a stay and give time but if the home is not for sale, or if is is listed/priced unproperly, the home will be foreclosed on, eventually, regardless of how good the attorney is.

In my opinion, good attorneys will charge per hour, for the actual worked performed.

Help lots of people and have a great day!!!

Patty Da Silva, CDPE©
CERTIFIED DISTRESSED PROPERTY EXPERT©
Real Estate Short Sale Specialist®
At Home with Diversity®

Licensed REALTOR® & Mortgage Broker - Senior Financial Advisor

305-244-0609

http://www.pattydasilva.com

9:16am • #19
NOV
29
2008
NOV
30
2008

I'd like to print this out and send it to a guy that I spoke with a couple of weeks ago.  They have no phone, cell, tv or gas in their home JUST to keep the house and avoid going back to an apartment. Thanks!

7:40pm • #23
DEC
01
2008

Great info Patty. There are a;ot of people/agencies suggesting that they can help people who are in jeopardy of losing their homes, onlty to find out that they've paid a fee, and nothing was accomplished. 

1:36pm • #25
2 Featured Posts Localism Sponsor

Hi Kristin,

Please send him the article!  We should do everything in our power to help homeowner's stay in their home or if that is not an option, help them with their situation so they do not face foreclosure.

In these difficult times, it is important to bring out much sacrifice people are making every day in order to keep their families at home. Please let me come back and let me know about this gentleman.

Help lots of people and have a great day!!!

Patty Da Silva, CDPE©

CERTIFIED DISTRESSED PROPERTY EXPERT©

Real Estate Short Sale Specialist®

At Home with Diversity®

Licensed REALTOR® & Mortgage Broker - Senior Financial Advisor

305-244-0609

http://www.pattydasilva.com

2:31pm • #26
2 Featured Posts Localism Sponsor

Hello Tony,

 

Unfortunately, I have found that to be true. Homeowner's in distress are being taken advantgage of and given no results.

There so many scams and scammers out there that is even hard for those of us working in this business to keep track off....imagine the difficulties the consumer faces!

When I called the State of Florida I was told that they are not able to get to amount of complaints they receive and the homeowner needs to do his/her homework before hiring anyone who is going to charge a fee.

Florida passed a law last month that mandates that anyone offering "foreclosure help" for a fee must have the homeowner ign a diclosure that states that they can get out of the agreement in 3 days, without any charge.

Best wishes to you!

Help lots of people and have a great day!!!

Patty Da Silva, CDPE©

CERTIFIED DISTRESSED PROPERTY EXPERT©

Real Estate Short Sale Specialist®

At Home with Diversity®

Licensed REALTOR® & Mortgage Broker - Senior Financial Advisor

305-244-0609

http://www.pattydasilva.com

2:39pm • #27
DEC
02
2008
DEC
03
2008

Great article. The first thing every homeowner that is having problems is to speak with your lender. You would be suprised what some will do!

6:30pm • #35
2 Featured Posts Localism Sponsor

Hello Brandon,

 

Thank you so much for the compliment.

Homeowners should contact their lender as soon as they know that there is, or there will soon be a problem.

It saddens me to hear the many stories of homeowners who end up homeless partly because they never sought advice from anyone. There are so many options available and they are all better than foreclosure.

Stop by often and best luck to you!

Help lots of people and have a great day!!!

Patty Da Silva, CDPE©
CERTIFIED DISTRESSED PROPERTY EXPERT©
Real Estate Short Sale Specialist®
At Home with Diversity®

Licensed REALTOR® & Mortgage Broker - Senior Financial Advisor

305-244-0609

http://www.pattydasilva.com


6:49pm • #36
DEC
04

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Patty DaSilva, CDPE©- Certified Short Sale Expert- e-PRO®- Ft Lauderdale

Cooper City, FL

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BROKER - Owner - REALTOR® - Green Realty Properties

Office Phone: 954667SALE

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