Loan Modification Help Center – Understanding The Foreclosure Process
November 27th, 2009 by adminVery often, when someone contacts a loan modification attorney they really do not understand how the foreclosure process works or how to stop it. People who do not understand foreclosure proceedings are often scared, timid and unwilling to do what it takes to stay in their homes. Many think that if they just ignore their lenders, they will go away. However, inaction is not any way to respond to a potential foreclosure. The only way to mount a successful defense to foreclosure proceedings is to know how the process works, and talk to the loan modification attorneys who know how to stop it.
Foreclosure Process
The first step in the foreclosure process begins when a lender files a “Notice of Default” with the county recorder. This often proceeds a period of non-payment by the borrower, meaning the homeowner is defaulting on the loan by not making payments. This notice is mailed to the borrower and any other affected parties. This is in no way the end of the process; in fact, up to five business days before the trustee’s sale, the borrower can pay off the default amount plus any addition fees and/or fines and stop the foreclosure process. Obviously, very few people can simply cough up the thousands or tens of thousands of dollars it would take to pay this amount.
The second step comes ninety days after the Notice of Default is recorded. A “Notice of Sale” must be posted on the property and in one local public location, such as a library or town hall. The Notice of Sale is also published once a week for three weeks in a newspaper of some sort in the area. The Notice of Sale must clearly state the date, time and location of the sale, as well as the property address, the trustee’s contact information and any other pertinent information.
Step three usually occurs about four months after the foreclosure process began. The Trustee Sale Auction is held as a public auction at the time and place designated by the Notice of Sale. It is conducted by the lender’s representative, almost always an attorney, and the successful bidder must pay immediately with cash or a cashier’s check. The lender often bids in the amount of the balance due plus costs. If no one else bids (which is usually the case these days), the property reverts to the lender.
Contrary to popular belief, the lender or bank you got your mortgage from does not want your house back. The entire foreclosure process costs the lender far more than it is worth. The lender is not only losing money on the four months you aren’t paying your mortgage, but will most likely lose money paid to the attorney who runs the auction. A loan modification attorney can help you avoid foreclosure and stay in your home. Both you and your lender are interested in you keeping your home, and a loan modification attorney can help you avoid the headache, heartache and embarrassment of a foreclosure.
Visit us at http://www.loanmodificationhelpcenter.org/ or call 800-359-6941.
Legal Disclaimer
The information contained herein is provided for general information and advertising purposes only and is not intended to convey a legal option nor legal advice for any particular case or situation. Nothing in this article shall create an attorney-client relationship. Nothing sent to this law office via e-mail shall constitute an attorney-client relationship. Nothing contained in this article shall be construed to be a guarantee or prediction of result. Prior results are provided for general information purposes only and do not guaranty, warranty or predict a similar outcome with respect to any future matter. Results achieved depend on individual circumstances and not everyone will qualify or be successful in restructuring their mortgage loan.
Understanding Negotiations in Short Sales
November 9th, 2009 by adminFor anyone that knows that a foreclosure is just around the corner, a short sale should at least be considered. A short sale can protect you in a few ways that might just help your credit, as with a short sale, a foreclosure will not be placed on your credit report. A short sale does not always wipe the slate clean, though, you may still owe the lending company money. The reason is that the lending company will be accepting less than what is owed on the home and in some cases will expect you pay the difference. This is where negotiations come into play.
You may be confused when it comes to talking with your lending company; however, you should know that every type of lending company has a department that works directly with their customers to negotiate short sales. The department is usually known as loss mitigation. Talking with department before you receive a foreclosure notice may not be your best option, as they will more than likely turn a blinds eye to your problem. The reason this is true is that all lending companies would like to receive the money that you borrowed including all the interest, this is the way they make money.
After you have received a notice of default, you should then make an appointment with the loss mitigation department of your lending company. In some cases, you may wish to bring with you an attorney to ensure your rights are not violated. In most cases, the process is easy as the lending company normally has a predetermined criteria for short sale negotiations. A lending company, by law, has a right to deny a short sale, this is where you will need your negotiating skills to kick in. this is one reason having an attorney by your side will do wonders. The lending company will of course want to receive as much money as they possible can, however, most will take reasonable offers.
If you have found a person that wishes to purchase your home at a lower amount than what you owe, you may be able to negotiate with the lending company, but if the amount of money is quite a bit lower than the amount you owe on the existing loan, you may have a hard time convincing the lending company that this is a good deal. If you cannot afford to pay your mortgage payments, you are headed toward foreclosure, then you must do something or the foreclosure will be on your credit report and you will have a hard time buying a home for a very long time. On the other hand, the lending company does not wish to lose money. If they can sell your home at auction, or put it up for sale and gain more money than you are offering, they will more than likely deny your short sale offer. Be prepared to negotiate and provide the lending company with a reasonable offer.
Your Advanced Guide To Understanding Property Taxes
October 19th, 2009 by adminWhen you are the owner of property, you will have to pay property taxes. These types of taxes are decided by the local governing bodies. The majority of people are familiar and reminded of their property taxes when a levy in the their area is brought up during an election year. Because the acceptance of levies means higher property taxes, many people will vote against levies if they feel their property taxes are already too high.
Property taxes are assessed on annually, but that doesn’t always mean that the taxes are going to climb. In some instances, the tax rates don’t change, meaning that if your property value has not altered, your taxes will not change. But when you have added to the value of your home or other properties, you will need to pay higher property tax.
This tax is determined by multiplying the rate of the property tax (as determined by the local government) by the current assessed value of the home. Also, there are personal property taxes that have been put into place to raise taxes for those with higher ticket items in their possession like cars and other vehicles, boats, aircraft, art, business inventory, and stocks and bonds.
Property taxes are mandatory because they help to fund the daily operations of local government buildings, fire departments, parks, hospitals, etc. However, with rising property taxes, some people are unable to keep up with the rising costs and choose to move to an area with cheaper property taxes.
Because these taxes are figured on the fair market value of properties (and the values seem to continue to go up), the costs just become too great for those with an income that isn’t rising at the same time. In addition, some governments not only demand property taxes for the building in which you live, but also the land upon which it has been built.
There is a concern with the property tax issue that the rising costs have actually contributed to a rise in urban sprawl. As people decide that they can not pay certain property taxes in certain areas, they simply spread out to find areas where the taxes aren’t as bad. This is leading to a larger sprawl in even smaller cities.
Efforts being made to take care of this situation include conservation easements, policies in which certain pieces of land are not allowed to be developed any more in the future; Current use valuation, where the land is figured at the current value of its current use instead of assessing the value of land at the potential value; exemptions from property taxes that allow some pieces of land like farms to be valued at minimal prices, doing away with their property taxes altogether; and land value taxation, which allows for improvements to actually encourage decreasing the value in order to decrease the property tax.
No matter which type of property you own, you will find that paying tax on it is necessary. Although its hard to see at times how you are benefiting from paying property taxes, this money is necessary to make many of the public services that you will use, available. Realizing that you and your family are enjoying the benefits of your tax dollars through these public services, helps you understand why it is important to pay property taxes.
Understanding Mortgage Refinance Loan
October 18th, 2009 by adminRefinancing a mortgage is in some ways similar to getting your first mortgage, with a few important differences. Since you already own the home, you don?t have to go through a pre-approvals process or find a realtor and a home to buy. Unfortunately, you?ll still have a lot of paperwork to do, but savings thousands of dollars over the life of the loan is worth it.
There are very specific steps you should take to have a successful mortgage refinance
Step 1: Determine if Refinancing is Right for You
There are tools like mortgage calculators to determine whether a mortgage refinance loan will save you money. Factor in your current interest rate, future interest rate if you have an adjustable loan, and closing costs. If you want to take cash out, include that amount in your new mortgage balance for the calculations.
Remember, refinancing creates a new loan, usually with a full loan term. If possible, you can make extra payments to finish the loan at the same time as your original loan, and that will save you more money than the calculator predicts. For the calculation, assume you?ll only be able to pay the amount due.
Step 2: Check Your Credit Reports and Scores
Even if you already own a home, your lender will still use your credit scores and credit reports to determine which rate you qualify for. Order scores and reports for each spouse if both of you will be on the mortgage. You want to get best rate possible. Ideally your scores should be above 720 to get the absolute best rate, but 680-700 will get you a good rate. You can still refinance if your scores are low, but it might cost you more, especially if your scores were high when you got the first mortgage. Carefully review your credit reports for errors. 80% of all reports have errors. Common errors include listing accounts that don?t belong to you, late payments that weren?t really late, and items that were supposed to be removed. Follow the instructions at each credit agency to correct the errors.
Next, do what you can to fix black marks like recent defaulted loans, recent collections, and high credit card balances. You may have to spend a little more money to accomplish this, but it?s worth it if it saves interest on your mortgage, which will ultimately cost you more over 30 years.
Step 3: Research Rates, Fees, and Lenders
Before you contact any lenders, research current interest rates and fees for the type of loan you?re interested in. Comparison shop to see which banks is offering the best rates. Note the terms, closing costs, and whether or not the rates are fixed or adjustable.
In addition to rates and fees, check reviews of the lender online and at the Better Business Bureau. If the lender has a history of making late property tax or insurance payments or providing poor customer service, find a different lender.
Step 4: Contact Your Current Mortgage Servicer
Your current lender wants to keep you as a customer. If they still own the loan, they may be able to modify your current loan to a lower rate with just a little paperwork and a low fee. Unfortunately, most lenders sell their loans to larger mortgage servicers, so it?s unlikely that you?ll be able to take advantage of this. If you want to pull cash out, refinancing is the only option.
If you can?t modify your loan, your lender or mortgage servicer may offer a streamlined refinance. You?ll get a new loan at a better rate, but with fewer fees and a little less paperwork. It may also take less time to close. Of course, you may not want to accept their offer if the rate is higher than what you found at other lenders. Consider the closing costs when deciding which mortgage refinance loan will save you more money. Using your current lender could save on closing costs, but a higher rate could cancel out the savings. If you found a better rate elsewhere, ask your current lender to match it. If they want to keep you, they might do it.
Step 5: Contact Other Lenders
If your current lender can?t get you the best refinance rate, contact other lenders about refinancing with them. Your goal is to find the best rates with the lowest fees and closing costs (without adding those fees to your loan balance). Some lenders now offer refinance loans with 25 and 20-year terms so your new loan will end at the same time as your original loan. If it will save you money and you can afford the payments, consider the offer.
Refinancing to a lower rate can save you a lot of money over the life of the loan. A mortgage refinance loan can also help you get much-needed cash to remodel your home or pay down credit card debt. It?s not hassle-free, but saving money is worth the effort.
For more articles on mortgage refinance visit http://www.bills.com/mortgage-refinance-loan/
