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What to Do If You’ve Received a Foreclosure Notice

By
Real Estate Agent with The Thomas Group Brokered by eXp Realty

When you bought your home, you expected to be able to pay your mortgage on time, but a job loss, pay cut, divorce, illness, injury or death in the family might have left you unable to cover all your expenses. If you’ve received a dreaded foreclosure notice, you might not want to talk to your lender, but that is exactly what you should do—immediately. Your lender would rather continue to receive payments from you, even smaller ones, than take your house in foreclosure, sell it and possibly lose money.

Have an Honest Discussion
Call your lender and explain your financial situation and what led to it. Discuss all your current expenses and your household income. The lender will probably ask you to write a letter describing your circumstances and to provide supporting documentation, such as pay stubs, tax returns and credit card/loan statements.

Look for a Solution
Once the lender has an accurate view of your financial circumstances, they can try to help. The loan servicer might be willing to lower your interest rate, increase the length of your mortgage repayment period or even forgive some of the principal.

You might be able to apply for assistance from the federal government, as well. The Home Affordable Modification Program gives lenders incentives to lower payments for customers who are behind on their mortgage payments. The Home Affordable Foreclosure Alternatives Program can give the lender an incentive to agree to a short sale, which would allow you to sell your house for less than it’s worth. The government could also provide an incentive for the lender to accept a deed in lieu of foreclosure, which means that you could transfer ownership of the house to the lender to get out from under the weight of the mortgage.

Understand the Process and Protect Your Rights
Foreclosure proceedings vary from state to state. In fact, the foreclosure may be processed in the court system or through a nonjudicial process. The length of the process will depend on state laws.

If you believe the lender has made an error and you’re actually not behind on your payments, provide financial records to support your position. An attorney can help you navigate the process, resolve a dispute or reach an agreement with the lender to avoid foreclosure.

You might be able to work with a company that helps homeowners facing foreclosure, but be aware that some of the businesses you see advertised could be scams. Before you agree to work with a company that says it can help you avoid foreclosure, conduct research to find out if consumers have filed complaints related to unethical practices or fraud.

Act Immediately
No homeowner wants to face the prospect of foreclosure, but if you receive a notice, the worst thing you can do is ignore it. Contact your lender and be honest about your situation so you can either stay in your home or let it go while avoiding serious damage to your credit.

Posted by

Joyce Thomas, Associate Broker

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 About the Author...

This article is provided by Joyce Thomas, a Nationally recognized Realtor in the top 1% of the Phoenix Market for sales and service.  Joyce Thomas in Arizona has helped thousands of people buy and sell their home.  Servicing all of Pinal and Maricopa Counties in Arizona. Visit My Arizona Home Guide to find your dream home or to sell your home.

 

Comments(4)

LaShonda Solomon
Atlanta Communities Real Estate Brokerage - Kennesaw, GA
Serving Cobb, Paulding, Douglas, Bartow Counties

This is great information for distressed home owners.  Many become ashamed and have no idea what to do in such a situation.  A lot of foreclosures could be avoided by having the information and knowing the options.  

Feb 07, 2019 02:29 PM
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Hello Joyce, Excellent information for people that find themselves in this problem.

 

Feb 07, 2019 02:43 PM
Ronald Curtis
Sapphire Associates - West Palm Beach, FL
Negotiating the best price and terms for my Buyers

Hello Joyce....

Well written, and pertinent information.

RJ

Feb 07, 2019 02:58 PM
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

The worst thing  you can do is ignore it.  Make the call

Feb 07, 2019 05:40 PM