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What happens when I miss my mortgage payments? |
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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, a deficiency
judgment could be pursued. If that happens, you not only lose your
home, you also would owe HUD an additional amount.
Both foreclosures and deficiency judgments could seriously affect
your ability to qualify for credit in the future. So you should
avoid foreclosure if possible.
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What should I do? |
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- DO NOT IGNORE THE LETTERS FROM YOUR LENDER. If you are having
problems making your payments, call or write to your lender's
Loss Mitigation Department without delay. 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.
- Stay in your home for now. You may not qualify for assistance
if you abandon your property.
- Contact us for help.
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What are my alternatives? |
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You may be considered for the following:
Special Forbearance. Your lender may be able to
arrange a repayment plan based on your financial situation and may
even provide for a temporary reduction or suspension of your payments.
You may qualify for this if you have recently experienced a reduction
in income or an 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.
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
and can afford the new payment amount.
Partial Claim. Your lender may be able to work with
you to obtain a one-time payment from the FHA-Insurance fund to bring
your mortgage current.
You may qualify if:
- your loan is at least 4 months delinquent but no more than
12 months delinquent;
- you are able to begin making full mortgage
payments.
When your lender files a Partial Claim, the U.S. Department of
Housing and Urban Development will pay your lender the amount necessary
to bring your mortgage current. You must execute a Promissory Note,
and a Lien will be placed on your property until the Promissory
Note is paid in full.
The Promissory Note is interest-free and is due when you pay off the first mortgage
or when you sell the property.
Pre-foreclosure sale. This will allow you to avoid
foreclosure by selling your property for an amount less than the
amount necessary to pay off your mortgage loan.
You may qualify if:
- the loan is at least 2 months delinquent;
- you are able to sell your house within 3 to 5 months; and
- a new appraisal (that your lender will obtain) shows that the
value of your home meets guidelines
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 is not as damaging
to your credit rating as a foreclosure.
You can qualify if:
- you are in default and don't qualify for any of the other options;
- your attempts at selling the house before foreclosure were
unsuccessful; and
- you don't have another FHA mortgage in default.
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Should I be aware of anything else? |
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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, signing over your
deed to someone else does not necessarily relieve you of your
obligation on your loan.
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Are there any precautions I can take? |
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Here are several precautions that should help you avoid being "taken" by
a scam artist:
- Don't sign any papers you don't fully understand.
- Make sure you get all "promises" in writing.
- Beware of any contract of sale of loan assumption where you
are not formally released from liability for your mortgage debt.
- Check with a lawyer or your mortgage company before entering
into any deal involving your home.
- 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.
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What are the main points I should remember? |
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- Don't lose your home and damage your credit history.
- Call or write your mortgage lender immediately and be honest
about your financial situation.
- Stay in your home to make sure you qualify for assistance.
- Cooperate with the counselor or lender trying to help you.
- Explore every alternative to keep your home.
- Beware of scams.
- 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.
Act now. Delaying can't help. If you do nothing, YOU WILL LOSE YOUR
HOME and your good credit rating. Call us today 208-941-7653.
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