How To Avoid Foreclosure 
If you have an FHA / HUD loan
Q:
What happens when I miss my mortgage payments?
Foreclosure
may occur. This is the legal means that your lender can use to
repossess
(take over) your home. When this happens, you must move out of
your house.
If your property is worth less than the total amount you owe on
your mortgage loan,
your lender or HUD could seek a deficiency judgment. If that happens,
you not only
lose your home, you also would owe your lender or HUD an additional
debt.
Foreclosure
of a deficiency judgment could seriously affect your ability to qualify
for
credit in the future. So you should avoid
it if all possible!
Q: What should I do?
1.
Do not ignore the letters from your lender. If you are having
problems making
your payment, contact your lender immediately. Explain your situation.
Be
prepared to provide them with financial information, such as your monthly
income
and expenses. Without this information, they may not be able to help.
2.
Stay in your home for now. You may not qualify for assistance if you
abandon
your property.
3.
Contact a HUD-approved housing counseling agency. They have information
on
services and programs that could help you. The housing counseling agency
may also offer credit counseling. These services are usually free of
charge.
4.
If you bought your home with a Veterans Administration (VA) guaranteed
loan,
call the VA
office nearest you.
Q:
What are my alternatives?
Your
options include the following:
Special
forbearance. Your lender may be able to arrange a repayment plan
based on your
financial situation. Your lender may even provide for a temporary
reduction
or suspension of your payments. You may qualify for this if you have
recently lost
your job or your source of income or if you had an unexpected
increase in living
expenses. You must furnish information to your lender to show
that you would
be able to meet the requirements of the new payment plan including
proof of
your hardship.
Mortgage
modification. You may be able to refinance the debt and/or extend
the term of your
mortgage loan. This may help you catch up by reducing the monthly payments
to a more affordable level. You may qualify if you have recovered from
a financial
problem but your net income is less than it was before the default (failure
to pay).
Partial claim. Your lender may be able to work with you to obtain
an interest-free
loan from HUD
to bring your mortgage current.
You may qualify if:
1. your loan is at least 4 months delinquent but no more than
12 months delinquent.
2. your mortgage is not in foreclosure; and
3. your are able to begin making full mortgage payments
When your lender files a Partial claim, HUD will pay your lender the
amount
necessary to bring your mortgage current. You must execute
a promissory not,
and a Lien will be placed on your property until the promissory note
is paid in full. The
promissory note is usually interest-free and will be due if you sell
or leave
your property, or when your mortgage matures.
Pre-foreclosure sale. This will allow you to sell your property
and pay off your mortgage loan
to avoid foreclosure and damage to your credit rating.
You may qualify if:
1.
the "as is" appraised value is at least 70% of the amount
you owe and the
sales price is 95% of the appraised value;
2.
the loan is at least 2 months delinquent prior to the pre-foreclosure
sale date; and
3.
you are able to sell your house within 3 to 5 months (depending
on what lender agrees
to).
An additional benefit to this option is the assistance you will receive
with the
Seller-paid closing
costs.
Deed-in-lieu of foreclosure. As a last resort, you may be able
to voluntarily
"give back" your
property to the lender. This won't save your house, but it will
help
your chances of getting
another mortgage loan in the future.
You can qualify if:
1. you are in default and don't qualify for any of the other options:
2. your attempts at selling the house before foreclosure
were unsuccessful; and
3.
you don't have another FHA mortgage in default.
Q:
How do I know if I qualify for any of these alternatives?
A
housing counseling agency can help you determine which, if any, of these
options may
meet your needs. You should also discuss the situation with your lender.
Q:
Should I be aware of anything else?
Yes.
Beware of scams!! Solutions that sound too simple or too good to be
true
usually
are. If you're selling your home without professional guidance, beware
of
buyers
who try to rush you through the process. Unfortunately, there are people
who may
try to take advantage of your financial difficulty. Be especially alert
to the following:
Equity
skimming. In this type of scam, a "buyer" approaches you,
offering to
get you
out of financial trouble by promising to pay off your mortgage or give
you
a sum of
money when the property is sold. The "buyer" may suggest that you
move
out quickly
and deed the property to him or her. The "buyer" then collects
rent for a time,
does not make any mortgage payments, and allows the lender
to foreclose. Remember
that signing over your deed to someone else does not necessarily
relieve
you of your obligation on your loan.
Phony counseling agencies. Some groups calling themselves "counseling
agencies"
may approach you and offer to perform certain services for a fee.
These could
well be services you could do for yourself, for free, such as negotiating
a new payment
plan with your lender, or pursuing a pre-foreclosure sale. If you have
any
doubt about paying for such services, call a HUD-approved
housing counseling agency.
Do this before you pay anyone or sign anything.
Q:
Are there any precautions I can take?
Here
are several precautions that should help you avoid being "taken"
by scam artists:
1.
Don't sign any papers you don't fully understand.
2.
Make sure you get all "promises" in writing.
3.
Beware of any loan assumption where you are not formally released from
liability
for your mortgage debt and contracts of sale.
4. Check
with a lawyer or your mortgage company before entering into any deal
involving your home.
5.
If you're selling the house yourself to avoid foreclosure, check to
see if there
are any complaints against the prospective buyer. You can contact
your state's
Attorney General, the State Real Estate Commission, or the local District
Attorney's Consumer Fraud Unit for this type of information.
6.
Never pay any money up front.
Q:
What are the main points I should remember?
1.
Don't lose your home and damage your credit history if you can help
it.
2.
Call or write your mortgage lender immediately.
3.
Stay in your home to make sure you qualify for assistance.
4.
Arrange an appointment with a HUD-approved housing counselor to explore
your options.
5.
Cooperate with the counselor or lender trying to help you.
6.
Explore every alternative to losing your home.
7.
Beware of scams.
8.
Do not sign anything you don't understand. And remember that signing
over the
deed to someone else does not necessarily
relieve you of your loan obligation.
9.
Act now. Delaying can't help. If you do nothing, you will lose your
home and your
good credit rating.
The above information was provided by the U.S.
Department of Housing
and Urban Development. 451 7th Street S.W., Washington, DC 20410.
Telephone: (202) 708-1112. TTY: (202) 708-1455.