Foreclosure Avoidance

Posted in Uncategorized on March 26, 2013 by mtntrouter

Tips for avoiding foreclosure


  1. Contact your lender or loan servicer as soon as you realize you may have a problem and may have missed a payment. Almost 50% of homeowners experiencing difficult financial circumstances fail to contact their lender. The truth is most banks prefer that you keep your home and will work with you. The following are options your lender may offer you to avoid foreclosure:
  2. If you and your lender agree that you cannot keep your home, there may still be options to avoid foreclosure:
  • Reinstatement: Your lender may agree to let you pay the total amount you are behind, in a lump sum payment and by a specific date. This is often combined with forbearance when you can show that funds from a bonus, tax refund, or other source will become available at a specific time in the future. Be aware that there may be late fees and other costs associated with a reinstatement plan.
  • Forbearance: Your lender may offer a temporary reduction or suspension of your mortgage payments while you get back on your feet. Forbearance is often combined with a reinstatement or a repayment plan to pay off the missed or reduced mortgage payments.
  • Repayment Plan: This is an agreement that gives you a fixed amount of time to repay the amount you are behind by combining a portion of what is past due with your regular monthly payment. At the end of the repayment period you have gradually paid back the amount of your mortgage that was delinquent.
  • Loan modification: This is a written agreement between you and your mortgage company that permanently changes one or more of the original terms of your note to make the payments more affordable.
  • Short Payoff: If you can sell your house but the sale proceeds are less than the total amount you owe on your mortgage, your mortgage company may agree to a short payoff and write off the portion of your mortgage that exceeds the net proceeds from the sale.
  • Deed-in-lieu of foreclosure: A deed-in-lieu of foreclosure is a cancellation of your mortgage if you voluntarily transfer title of your property to your mortgage company. Usually you must try to sell your home for its fair market value for at least 90 days before a mortgage company will consider this option. A deed-in-lieu of foreclosure may not be an option if there are other liens on the property, such as second mortgages, judgments from creditors, or tax liens.
  • Assumption: An assumption permits a qualified buyer to take over your mortgage debt and make the mortgage payments, even if the mortgage is non-assumable. As a result, you may be able to sell your property and avoid foreclosure.
  • Refinancing: While refinancing is not necessarily a good option when facing foreclosure and can sometimes even be a predatory practice, there are instances where it may help. Talk to your lender to see if refinancing is an option for you.
  1. Avoid foreclosure prevention or loss mitigation companies. If you fall behind in your mortgage payments, many for-profit companies will contact you promising to help you avoid foreclosure. Some may even appear to be affiliated with your lender. Many also list their services on the internet and ask that you fill out a referral form online. It is best to avoid dealing with these companies. Most will charge you a hefty fee upfront for information that your lender or a HUD approved counselor will provide to you for free. You can obtain the same workout plan or a better plan for free by contacting your lender or a HUD approved counselor. Use your money to pay the mortgage instead.

Do not fall victim to a foreclosure recovery scam. If any business or individual offers to help you stop foreclosure immediately by signing a document authorizing them to act on your behalf or to set up financing for you, do not sign without consulting a professional (an attorney or HUD-approved counselor). This may be a trick to get you to sign over title to your home. You are then vulnerable to losing your home and all of your equity in your home to the so called “rescuer.”

Carefully examine your finances. Can you cut spending on optional expenses, delay payments on credit cards or other unsecured debt until you have paid your mortgage? Do you have assets that you can sell? Doing these things demonstrates to the lender that you are committed to staying in your home, and will go a long way toward securing their commitment toward assisting you.


Hello world!

Posted in Uncategorized on March 25, 2013 by mtntrouter

Welcome to what I hope will be an informative visit each time you reach this page. I created this blog with the intention of providing valuable insight and tips regarding various areas of the law. Such areas of the law to be discussed, will include: Auto Accidents, Personal Injury, Medical Malpractice, Bankruptcy, Foreclosure Defense, Social Security Disability, and many more. While the information presented does not constitute any kind of Attorney-Client relationship, you should find it helpful in determining what your rights are, and whether you in fact, need an attorney. Much of the law to be disseminated here will be Indiana specific, while other law will strictly deal with Federal. If you are in need of legal representation in the Northwest Indiana/Chicagoland area, I welcome you to click on my links and visit my firm’s website for further information or to set up a free consultation. Stay tuned for more to follow…