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Foreclosure

The process by which the holder of a mortgage sells a property after the debtor defaults on their loan for it

2,433 Questions

How can you prevent the foreclosure of your home if you are waiting for a workmen's compensation settlement?

If you havent already call the place holding the loan and explain the situation. Ask them if there is a minimum amount you can pay that will hold them over until monies come in. Ask family and friends if they can lend you something. Worse comes to worse you may have to sell some stuff to get the money. If you are involved in a church see if they can lend you the money. See if there is any help through the job you have, explain to them that with no income you are about to lose your home and if they can lend you something. If you have a 401k plan or any assests other than the home see if you borrow against that. You can pull money from a credit card. If your a veteran ask the vets if they can help. Good luck.

How bad is a foreclosure on your credit and if you go into foreclosure do you still have to pay the 70000 you owe to the lender?

Foreclosure is very bad on your credit report. You should do what you can to avoid it. If the bank forecloses you do not pay back the $70,000. However, if they sell the house for less than owed you may be liable for the difference, unless you have mortgage insurance.

You should note that any amount they forgive counts as income to you--you will owe taxes on that amount. Actually both are wrong. The credit score will drop anywhere from 50-200 pts depending on how much other debt you have. Additionally, each state has its own laws regarding paying back the difference. In Texas, you are responsible for the difference between what you owe and the fair market value. So if you owe 200K, the home is valued at 200K, and the bank sells for 190K, you do not owe anything. In some states, you might owe the 10K, but not all.

What is a credit rating?

Your credit rating - or score - is a grade of how well you handle credit and loans. It's an evaluation of your track record for making credit payments and paying off debt on time.

It depends on two things: 1) The length of your credit history i.e. Do you have a track record that lets people see how well you handle credit? 2) The quality of your credit history i.e. During the time that you've had a credit history, have you established a pattern of making payments on time according to the terms of your loan or credit agreements?

It's important to know that the amount of money you make is not a factor in your credit score. A person with a small income who makes credit payments on time will most likely have a better score than a person with a large income who has a history of making credit payments late or defaulting on loans.

A credit rating evaluates the credit worthiness of an issuer of specific types of debt, specifically, debt issued by a business enterprise such as a corporation or a government. It is an evaluation made by credit rating agency of the debt issuers likelihood of default

Credit ratings are determined by credit ratings agencies. The credit rating represents the credit rating agency's evaluation of qualitative and quantitative information for a company or government; including non-public information obtained by the credit rating agencies analysts. Credit ratings are not based on mathematical formulas. Instead, credit rating agencies use their judgment and experience in determining what public and private information should be considered in giving a rating to a particular company or government. The credit rating is used by individuals and entities that purchase the bonds issued by companies and governments to determine the likelihood that the government will pay its bond obligations

Home is in foreclosure and have debt should you declare bankruptcy?

I can't give legal advice on here, but generally the answer to that question is "No." Frequently the bank will bid on the home itself at the foreclosure sale to be sure no one steals it for $1, leaving it owed a huge balance that it knows the buyer will file bankruptcy on. So, it bids whatever it is owed and if someone bids more, great - the bank gets paid. If no one outbids the bank, then it gives the house to a realtor and does the best it can. But, the practical effect for the buyer is that the bank received everything it was owed during the sale, even though it was from itself, so there is no deficiency balance owed by the buyer. So, unless your bank opts not to bid at the foreclosure sale, or if you have a second mortgage, then usually it is a good idea to wait and see if the bank ever contacts you with a deficiency balance. If it doesn't, great - you just pay the $4,000 and go on with your life. If it does, file bankruptcy then if necessary. Many people call the sheriff's department (or whoeever does the sale where you are) and asks who bought the house and for how much. If the purchase price was the same as the foreclosure judgment, no worries usually. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks!

What are the lenders looking for in a hardship letter?

Not only do you need a valid hardship as described below, but in order to get approval for what you're asking for in the letter, you need to qualify. For instance, if you're applying for a loan modification, you need to explain your hardship, but you also need to show them why, if they modify your loan, you'll be able to meet this new payment agreement.

I've written several hundred letters by now and I've found that spelling it out for the lender is the best bet. Tell them what program you want, and why you qualify. They are receiving incentives from the government to help you, so assure them that your case fits the requirements. They're most likely to jump on the high odds cases, first, because that's where the money is for them.

A hardship letter should include why you have fallen on hard times, whether it be because you just lost your job, you were demoted, or you have become sick and unable to work. They just want to know that you are trying to make an effort as best you can. Don't worry about embarrasment, be honest and spill it. The more you tell them, the more understanding they will be.

How long do you have to move out after a foreclosure?

You become a "tenant in adverse possession" and are subject to eviction, using the practices for your area. One can expect it to happen fairly quickly - like no more than a month before the Sheriff (or one who does so in your area), literally moves the possessions onto the street and prevents you from re-entering the premises. States establish laws that pertain to foreclosure procedures, including the time in which the borrower has to vacate the premises. In some states it can be as short as 30 days in other states 180 days or longer.

Financial Hardship letter?

What is a Hardship?

Reduced Income or Unemployment.

Inability to work due to health reasons.

Separation or Divorce.

Medical Bills.

Business Failure.

Death of a Spouse.

Adjustment in mortgage payment or unforeseen increase in your monthly expenses.

Any other circumstance that cripples your ability to repay your mortgage.

Additional info added by hardshipletters: One thing many people don't realize is that if they've had to care for an ill relative (like your parents, children or spouse) that can be counted as hardship, as well. This often results in inability to work full-time and also in extra expenses.

Can you save your house after foreclosure notification?

Probably not. Once the loan is out of compliance, you would need to either refinance it or just pay it off.

How does foreclosure affect a person who is listed on the deed but not the mortgage?

If two people are co-owners of real property and then only one signs a note and mortgage, the lender can only foreclose on that one's interest in the property. A foreclosure would only be reported on that person't credit record.

If your name was added to the property after the mortgage was granted by the owner you are not responsible for it as long as you didn't sign the mortgage or the note. The foreclosure would only be reported on the mortgagor's credit record.

How long does a short sale affect your credit?

Iam bout to lose my house soon, getting divorce!. is it recommended to do a short sale? I am concerned about 1099-C taxes I have to pay to IRS and how bad my credit will be if I want to get a cheaper property later on. does enybody know how much afeccts short sales, is it better than a foreclosure!

Thanks

How do I know if my home was sold at a foreclosure sale?

Such sales are a matter of public record and the information needed can be obtained from the county assessor's office in the county where the property was located. Some states have access to such public information on their websites.

Is a foreclosure a valid reason for a short sale?

A short sale is a sale where the buyer's offer comes up "short." If you're selling your home and you receive an offer that is less than you owe on your house, you've sold it short. It can appyl to a homeowner you wants to get rid of their house, even at a loss. More typically, it used when a homeowner is facing foreclosure. A homeowner with a buyer who offers less than the amount owed on their house can approach the lender requesting they accept the short sale rather than foreclose. The lender is under no obligation to accept a short sale. If you don't have a buyer, you should ask your lender to consider a "deed in lieu." With this option, you're asking the lender to accept the deed to your house instead of (in lieu) of foreclosing. A REALTOR can help you with a short sale. Because there is often little or no commission involved with a deed in lieu, you should speak with an attorney. You can find one through a local bar association lawyer referral service. Usually, they offer a discounted initial consultation.

How long will you have to move out after a foreclosure?

It sort of depends....not uncommonly, you've been put out sometime before. But, if your there after the new owner buys, he basically has to get you moved out like he would a tenant. Get the Sheriff to do so How long that takes varies by locale...how busy the sheriff is, etc. 2 - 4 weeks is common.

How can someone find property that is going into foreclosure?

go down to your courthouse and they have a listing there. It also tells you what the house is going to start out at when bidding starts.

If your home is scheduled to be foreclosed and sold at auction in six days will it stop the foreclosue sale if you file bankruptcy now?

Yes, generally if you file a Chapter 13 bankruptcy before the foreclosure sale, you can stop the foreclosure sale and get the mortgage put in current status again. I have filed cases within minutes of foreclosure sales and stopped them (though I don't recommend waiting that late in case something goes wrong, because then you might lose your home). Very generally speaking, after filing the Chapter 13 all foreclosure sales are immediately stopped by order of the Bankruptcy Court, called the "automatic stay" (which generally you want to be sure the court granting the foreclosure knows about so they don't sell it) and then the person who filed the Chapter 13 immediately begins making regular monthly mortgage payments again and also pays a Chapter 13 Plan to the court, and in the plan all mortgage arrearage must be cured over 3 to 5 years. However, if you have filed other Chapter 13's in the recent past, your ability to get the automatic stay may be in jeopardy, so ask your attorney about this if you have filed bankruptcy before. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks!

If your mortgage company has received permission from the courts to foreclose and sell your home and the auction date is in six days can you file bankruptcy to stop the foreclosure?

Yes, generally if you file a Chapter 13 bankruptcy before the foreclosure sale, you can stop the foreclosure sale and get the mortgage put in current status again. I have filed cases within minutes of foreclosure sales and stopped them (though I don't recommend waiting that late in case something goes wrong, because then you might lose your home). Very generally speaking, after filing the Chapter 13 all foreclosure sales are immediately stopped by order of the Bankruptcy Court, called the "automatic stay" (which generally you want to be sure the court granting the foreclosure knows about so they don't sell it) and then the person who filed the Chapter 13 immediately begins making regular monthly mortgage payments again and also pays a Chapter 13 Plan to the court, and in the plan all mortgage arrearage must be cured over 3 to 5 years. However, if you have filed other Chapter 13's in the recent past, your ability to get the automatic stay may be in jeopardy, so ask your attorney about this if you have filed bankruptcy before. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks!

Can the debtor inititate foreclosure?

Yea by not paying your mortgage. but seriosly not likely unless you initiate it be claiming B.K.

How do you rent an apartment with a foreclosure?

Find a landlord who will allow you to rent without regard to your credit score. This will likely be a mom and pop landlord and not an apartment rental service, but you will be able to get a place and work on your credit.

How can you rebuild your credit after a foreclosure?

Pay you bills on time. Try to get some kind of credit and make sure it is paid on or before the due date. That is what we are doing after our foreclosure 2 years ago.

If you own property as tenants in common and will the foreclosure action of one owner show on the credit report of the other owner too?

Just the type of ownership will not affect whether the foreclosure action shows up on each owner's credit report or not. Almost anyone can be listed as an owner of a particular property; the bank will be most concerned with who signed for the loan as being responsible for paying the mortgage.

If the two owners are both also signed on the mortgage, then the foreclosure proceedings will be reflected on both owners' credit reports. Since they both signed as being responsible for payment of the loan, then the bank will not hesitate to inform potential creditors that both parties are failing in their obligations for this particular loan.

But simply holding ownership one way or another does not automatically mean the bank will be able to attach itself to the credit report of a person who has no responsibility of paying back the mortgage. In fact, they would probably not have enough information to report the loan in the name of someone who they only know by name. They don't know the other owner's social security number, date of birth, or home address, unless that person signed all of the mortgage paperwork as well.

What is the best way to get your credit back after foreclosure?

The best way to rebuild credit after a serious blow is to have an open and active line of credit that is in good standing. For instance, a credit card that you use to purchase gas on every week and then pay off in full every month. Over time, your credit score will improve based on your performance with that line of credit.

If you allow your home to be foreclosed or if you sign a Deed-in-Lieu of Foreclosure. Home owners will take a hit of about 250 points on their FICO score. This means if a their FICO score before foreclosure was 680, it could dip as low as 430. A home owner who wants to buy another home after foreclosure will end up waiting about 24 months before a lender will offer any kind of interest rate that makes sense. During that time you must have a near perfect credit.

The affect of a short sale on a home owner's credit report is much less damaging. The negative on credit may show up as a pre-foreclosure in redemption status, which will result in a loss of around 80 points from the FICO score. It can also simply show up as the loan was paid off and not affect your score at all. This means a short sale with a previous FICO of 680 could possibly see it fall to around 600 or it could remain the same.

There are actually companies that will work with you for free to buy your mortgage away from your mortgage company and avoid your foreclosure. I would advise looking into this first.

If you are seventeen and having difficulties at home with your mother and she tells you can get out and you are unhappy at home what's the best way to leave?

I think if you are really unhappy and it feels like your mother is abusing you in any way, I think you should call someone like one of those places that they always talk about and if you don't want to do that call a close friend and tell her your problem and ask to stay there for a while. You are too young to be out on your own. If it's not that bad then talk with your mother and figure it out. It's only one more year until you can leave.