I heard a person can surrender the keys to their home and sign the deed over to the mortgage lender to avoid foreclosure. Is this true? I guess this is seen on teh credit report still as a foreclosure, but it saves the lender some cost and you don’t go through as much pain and they forgive the debt. is this true???

These are really tough times for the American middle class. There’s not only a big threat to the American economy and jobs, the failure of the real-estate market has snatched a middle-class American’s only asset – his home from him. You can avoid foreclosure and keep your home, but remember that does not mean no mortgage payments forever. It just means your debt will be re-worked. If you’ve taken a loan, you’re going to have to repay it, if not now then later. There’s no way to forestall foreclosure forever if you don’t intend to pay. That’s why only those who intend to repay their loan can avoid foreclosure permanently. Foreclosure will catch up with the rest sooner or later. There’s no way that you can get away with no mortgage payments. When you take a debt, plan for it. Don’t just imagine that there will be some mysterious windfall that will help you repay it. Consider your current income levels, and also your expenses. Then if you have enough leftover to repay a mortgage buy it, otherwise you’re better off this way until you have increased your income. There’s no way to avoid foreclosure if you don’t have any money to repay your loan. Making no mortgage payments is the surest way to lose your home. Consider your mortgage payment a vital expense, like your utility bills. Don’t splurge on un-essentials thinking it won’t hurt if you miss out on a single mortgage payment. No, if you really wish to avoid foreclosure, always make your payments on time. No mortgage payments should be rescheduled if you have the money. The reason is simple, every dime that’s with the lender is earning interest for them, and every time you don’t make a mortgage payment, the loan becomes more expensive. If you’ve run into temporary troubled waters, you can talk to your lender and advise him of the situation. Most lenders will agree to re-schedule your debt or offer you a forbearance plan which will help you avoid foreclosure till you’re in a better position. If you get a temporary break from the mortgage, you’ll have to make no mortgage payments for a short while. One important measure you can take is checking your local laws. Find out from a lawyer how much protection do you have from foreclosure if you have made no mortgage payments for a while. In some states the house may be available for foreclosure in just 4 months. So check how much time you have to avoid foreclosure. Whatever you do, don’t vacate the property in question if you wish to avoid foreclosure. According to the laws of many states, it’s harder to foreclose a property that you’re living in. If you leave the property, the lender will find it easier to move for foreclosure. But don’t you think that you can get away with no mortgage payments for a long time even if you live in the house, after a certain amount of time the lender will move for foreclosure no matter what. For more resources about avoid foreclosure or even about no mortgage payments please review this page http://www.delaybankforeclosure.com

Our mortgage was a variable rate mortgage, and my husband had lost his job and bills were out of control… We decided to cut our losses and do a short sell and avoid foreclosure (which had started). At this present time we are slowly regaining financial abilities even thru our country’s economic hard times…We want to purchase another home in about a year. Will banks see me as a risk, and deny me a mortgage because of my past situation?

Do Nothing

The stress of facing foreclosure can push many homeowners into turning their head and letting the foreclosure process run it’s course. Doing nothing to save your have is the worst mistake you can make. You can avoid foreclosure with foreclosure assistance by a loan modification attorney. Saving your home from foreclosure should be your top priority. Homeownership is the key to financial wealth, personal health, and a stable family. Why do nothing when we can stop foreclosure today.

File Bankruptcy

While this option may of been very popular in the past new bankruptcy laws and restrictions make this once easy process very hard. Filing for bankruptcy may not relieve you of your obligation to repay your mortgage, foreclosures may still proceed, and it may damage your credit for the rest of your life. Avoid bankruptcy at all cost and consult a loan modification attorney before filing for bankruptcy.

Short Sale

A short sale typically is executed to prevent a home foreclosure. Often a bank will choose to allow a short sale if they believe that it will result in a smaller financial loss than foreclosing. The downside to a short sale is that it takes time to sell a home even at a bargain in such a defunct housing market. There are foreclosures on every block, housing prices are rock bottom, and selling a short sale is next to impossible. The entire time the home is on the market you are still responsible for your mortgage payment, taxes, and insurance. Can you truly afford this option?

Loan Modification

Loan modification has quickly become the best option for homeowners facing home foreclosure. Loan modification is not the only option for homeowners trying to avoid foreclosure due to late mortgage payments. However; it is an option that can save your home while putting you in a mortgage you can afford. So how does loan modification work and who is eligible for a loan modification? Here are some helpful tools and resources below to help you understand your options.

The most common loan modifications are lowering the interest rate, reducing the principal balance, ‘fixing’ adjustable interest rates, forgiveness of payment defaults & Fees, or any combination of these. A loan modification can help home owners who can’t refinance or afford their current mortgage payments. Getting an approved loan modification for troubled home loans can help stop the foreclosure process.

A loan modification with a loan modification attorney may offer a more favorable loan modification agreement than your mortgage lender will offer you directly. With so many home loans adjusting to higher payments a loan workout with a Loan Modification Attorney, can modify mortgage loan terms fast and effectively. Obtaining foreclosure help and proper legal advice from a loan modification attorney will get you a better loan modification agreement with your lender and preserve your credit. If you are already behind in your mortgage payments this may help stop the foreclosure process and help you avoid foreclosure.

A loan workout needs to perform for both parties; your lender does not want your home and to go through the foreclosure process. However, they may not want to accept your partial payment and threaten foreclosure if you are late or in default. A HUD housing counselor or a loan modification attorney can offer free foreclosure advice to homeowners that want to keep their home.

I have a relative that can no longer pay for a high mortgage payment, what options are available to avoid foreclosure?

The house has been on the market for nine months but no buyers.

Are you facing possible foreclosure of your home mortgage? 1.5 million homeowners in the U.S. are facing that problem. If you are one of them you need to quickly learn all you can about how to avoid foreclosure. Yes, certainly, it can be done. Many thousands, even hundreds of thousands of people have already done so. This article shows you the right track to avoid foreclosure yourself…

If you are about to miss a mortgage payment on your home, you already know that you are in a bad position. It happens to people for many different reasons. Maybe you lost your job, had large medical bills, had your interest rate increased, face payments higher than you can make… whatever. These things happen.

If it happens to you, you have two options: 1. you can educate yourself, learn how to avoid foreclosure, to navigate the rough waters that are coming and learn how to stay afloat. Or, 2. You can do nothing and expect to get washed away by the tide of coming events.

So life has handed you a crisis. Well? That happens to people all the time. Some go under, some survive. Which do you want to be? You are at a critical time in your life. The choices you make, either by doing something or by default, will make a tremendous difference in your future. Your problem won’t go away. Face it squarely and deal with it.
The good news is that it’s now much easier to negotiate solutions. There is an old saying that goes, “If you owe the bank $100 and cannot pay, you are in trouble. If you owe the bank $100 million and cannot pay, the BANK is in trouble!” That is very true today. That works to help you avoid foreclosure.

How’s that? You say you only owe the mortgage lender $300,000 so how does that help you? Well, there are 55 million home mortgages in the U.S.; 2.8% of them (1,540,000) are in default. If your mortgage lender has another 350 or so loan clients like you with $300,000 problem loans, then in total the lender has a $100 million+ problem!
Your lender is in trouble too. He wants to collect his money. He doesn’t need another house to sell. That makes it easier for you to negotiate a workable solution and to avoid foreclosure.

Your key to finding a good solution to your problem will be to get out in front of it. Be PRO-active, take charge. Don’t just RE-act to outside events. This is your problem and your home. Take charge and make sure YOUR interests are protected with the best deal possible.

First, you need to do all you can to educate yourself, learn all about the various options you have to avoid foreclosure. You have the most to lose or to gain. It’s YOUR home. No one is going to be more concerned about your success, your financial survival, than you will be.

Learn the provisions of the laws in your state regarding foreclosures. How does it work where you are? What legal options do you have? How much time do you probably have?
Survey your local home market. How many foreclosed houses are on the market? Are they moving, being sold? How many foreclosed homes are for sale in your neighborhood? Knowing that will be a tremendous help in negotiating a new deal to avoid foreclosure.

Make it your business to become familiar with all of the various options, all the ways to avoid foreclosures.

Second, talk with your lender. In actuality, you are both in this situation together. You may have different goals but you share common interests. Neither of you wants you out of your house and that house up for sale in a weak market. There is a strong mutual interest basis for re-negotiating, finding something that will work.

Going to the mat and going through a foreclosure is the LAST option you want to permit. If that happens your credit is ruined for 7-10 years. The easy money situation that got your lender into their present problems is not likely to be repeated anytime soon.

Much tighter loan requirements are coming. Expect lenders to require loan applicants to have: A. Excellent personal credit, B. 10-20% cash down and C. Secure income with disposable after-tax income of 2.5-3 times annual mortgage payments.

Anyone with a foreclosure on his credit record is not going to be able to meet the requirements. It could well be nearly impossible to get a home mortgage for years into the future. This makes it imperative that you take the steps to avoid foreclosure now.

You have many options. There are many alternatives. Get started as soon as possible, educate yourself quickly, find the best option for you, and take it.
For more on how to avoid foreclosure, and how to learn what you need to know, follow the links below…

Hello all,
I’m currently am going on foreclosure. Due to a recent job loss I put my house on the market to try to avoid foreclosure. I tried refinancing no luck there due to my recent late payments and income loss and I live in Florida where the market has slumped. Someone offered me to do a short sale on my property, I contact my bank and the told me to write a letter and send to them, since me and the potential buyer don’t want to involve realtor in the deal because it will be more expensive we are going to do everything by our self
I would like to know if anyone can help me or let me know where I can find a template short sale letter, so that way I will have an idea what to write and send it to my lender.
What is your advice? Any suggestions you can provide me?
Thanks in advance!

How to Refinance Florida home when I owe more than my homes is worth?

FHA Home Loan Hope For Homeowners Program. The HOPE for Homeowners (H4H) program was created by Congress to help Florida homeowners at risk of default and foreclosure refinance into more affordable, sustainable Florida mortgage loans. H4H is an additional Florida mortgage option that FHA loan applicants can apply which is designed to keep borrowers in their homes. The program is effective from October 1, 2008 to September 30, 2011 and will help as many as 400,000 Florida homeowners avoid foreclosure through this program over the next three years. If you are having trouble making your Florida mortgage payments, you need to contact a Florida FHA Home Loan specialist to see if you qualify by refinancing your loan into a new 30-year fixed rate FHA Home Loan with lower payments.How the Hope for Homeowners Program WorksThere are four ways that a distressed Florida mortgage applicants can participate in the FHA HOPE for Homeowners programHomeowners can contact FHA Home Loan to discuss how to qualify and their eligibility for this program.  Florida mortgage servicers working with troubled homeowners may determine that the best solution for avoiding foreclosure is to refinance the homeowner into a FHA HOPE for Homeowners loan.  Originating lenders who are looking for ways to refinance potential customers out from under their high-cost loans and/or who are willing to work with servicers to assist distressed homeowners.  Counselors who are working with troubled homeowners and their lenders to reach a mutually agreeable solution for avoiding foreclosure.  It is envisioned that the primary way homeowners will initially participate in this program is through the servicing lender on their existing Florida mortgage.  Servicers that do not have an underwriting component to their mortgage operations will partner with an FHA-approved lender that does.  Step 1:  Cost-Benefit AnalysisLender considerations:  Given their fiduciary responsibilities and financial obligations, lenders will assess their portfolio and perform a cost-benefit analysis to determine the feasibility of offering this program to struggling homeowners.  Affordability versus value:  lenders will take a loss on the difference between the existing obligations and the new loan, which is set at 90 percent of current appraised value.  The lender may choose to provide homeowners with an affordable monthly mortgage payment through a loan modification rather than accepting the losses associated with declining property values through utilizing a FHA H4H Loan.Borrower eligibility:  Lenders that determine the H4H program is a feasible and effective option for mitigating losses will assess the homeowner’s eligibility for the program:The existing mortgage was originated on or before January 1, 2008;Existing mortgage payment(s) as of March 1, 2008 exceeds 31 percent of the borrower’s gross monthly income;The homeowner did not intentionally default, does not have an ownership interest in other residential real estate and has not been convicted of fraud in the last 10 years under Federal and state law; andThe homeowner did not provide materially false information (e.g., lied about income) to obtain the mortgage that is being refinanced into the FHA H4H mortgage.Consumer FHA Loan Considerations:The lender will disclose to the homeowner the benefits of the program:•    Home retention, •    New affordable mortgage based on current appraised value, •    10 percent equityThe lender will also disclose to the homeowner the costs of the program:3 percent upfront mortgage insurance premium and a 1.5 percent annual premium,Equity and appreciation sharing with the government and Prohibition against new junior liens against the property unless they are directly related to property maintenance.Step 2:  Negotiations Between Borrowers and LendersIf the lender refinancing the loan does not hold the senior mortgage lien, it will need to secure an agreement from the existing lien holder to waive all prepayment penalties and default fees on the existing loan and accept the loan proceeds from the FHA H4H loan as payment in full.  The loan amount (including the 3 percent UFMIP) for the new FHA H4H loan cannot exceed 90 percent of the current appraised value of the property.The lender will engage existing subordinate mortgage lien holders to extinguish all subordinate liens on the subject property.  To entice subordinate lien holders to participate in the negotiation process and release their liens, FHA has the authority to share its future appreciation entitlement with them.Step 3:  Originating an FHA H4H MortgageThe lender will qualify the homeowner for the new FHA H4H mortgage using the guidelines established under the terms of the program’s unique statutory requirements, ensuring the homeowner has the capacity to make the new payment on the FHA H4H mortgage in a timely manner.During underwriting of the loan, the lender will calculate the future appreciation interest amount for each subordinate lien holder in accordance with instructions provided by FHA. At settlement, subordinate lien holders will receive a certificate that evidences their interest as an obligation backed by HUD, with payment conditional on the value of HUD’s appreciation share.Following funding of the loan the lender will record – in addition to the typical security instrument and note for the first mortgage – a shared equity note and mortgage (SEM) and a shared appreciation note and mortgage (SAM).  These mortgages will be serviced by FHA.The lender will also submit the new mortgage for insurance to FHA, certifying that it has been originated, underwritten and closed in accordance with the FHA H4H program guidelines.Step 4:  Fulfilling FHA H4H Mortgage ObligationsUpon sale of the property, the homeowner will use their sale proceeds to pay off the FHA H4H mortgage as well as the shared equity and shared appreciation mortgages.FHA will provide instructions to the settlement agents regarding subordinate lien holders who are entitled to a portion of any appreciation.  The lien holder that previously held the highest priority will receive payment up to the full dollar amount of its interest, not to exceed the amount of available appreciation, and so on, until all prior lien holders are satisfied or the amount of available appreciation is exhausted.  All remaining appreciation is remitted to FHA.In instances where the homeowner failed to make the first payment on their new H4H mortgage, the H4H statute prevents FHA from paying claim benefits to anyone holding the mortgage.

State : Florida
Loan 80/20
Primary residence :: 4 months behind
I am in the foreclosure process now. I haven’t made a payment in 4 months and I am upsidedown on my mortgage ($100000). I have spoke with a lawyer and he said that I should file chapter 7 bk to avoid a def. Judgement or tax implications. I would like to do that as a last resort because I am a photographer and I have a lot of assets. My question is, is there any other options here in the sunshine state? I was thinking about the 1099-c. If I got them from both loans could and would I qualify for the morgage relief forgivness act? I have looked at the IRS and I’m not sure if both my loans would qualify? (mainly the heloc 20%) it is my primary residence and I bought the house with the same two loans and I didn’t refinace? Also is there anway to make sure I get a 1099 on both if this is a way out (to avoid bk?) and what type of lawyer would you suggest I contact? Thanks so much!

I had to file bankruptcy due to the loss my home took and the ARM rate I was locked into. After SEVERAL attempts to work something out with my lender it became obvious bankruptcy was my only option to avoid the deficiancy judgement. Bankruptcy is done and over with however I am still in the home. I was FINALLY just served my first set of paperwork for the foreclosure last night. Can someone who has been through this tell me what is next? I don’t see a date on the paperwork for the auction of the home and from what I understood I could basically stay in the home until the day of the auction? Thanks for your help.