The Attorney General has developed this website to provide information about mortgages and foreclosures inGeorgia. This page also contains telephone numbers and links to websites where you can find help and additional information.
Qualified Written Request Under the Real Estate Settlement and Procedures Act for Account Information
Qualified Written Request Under the Real Estate Settlement and Procedures Act for Corrective Action
What are my most important mortgage documents?
When you take out a loan to buy a house, you will sign at least two documents: apromissory note, in which you promise to make regular payments on the loan, and adeed to secure debt(commonly referred to as a “mortgage”) which gives the bank the legal right to take away your house if you default on the note. The process of taking away your house after a default is calledforeclosure.
Thepromissory noteand thedeed to secure debtwill be cancelled on the day that you pay off your loan. Until then, those two documents spell out the rights and responsibilities that you owe to your lender, and that your lender owes to you. Make sure you know where your copies are, and read them.
Who holds my mortgage?
In the old days, you applied for a home loan from a bank, and that bank held your promissory note and deed to secure debt until the day the loan was finally repaid in full. Now, it is common for banks to buy and sell home loans. Your note and deed may be sold, transferred or assigned at any time to someone other than the bank which gave you the loan. This could be another bank, or even an institutional investor. If you are not sure, you have the right under federal law to write and ask for the name, address and contact information of the company that currently holds your mortgage. At the end of this webpage, you will find form letters that you can modify to fit your particular request.
What is a “loan servicer”?
Aloan serviceris a company hired by the lender to handle the day-to-day business of communicating with homeowners, sending out bills and keeping track of payments, escrow accounts, insurance, property taxes and the like. The loan servicer is the company that sends you a monthly statement, and to whom you send your monthly payments. Not all lenders use a loan servicer; some lenders do their own loan servicing. To make things even more confusing, many of the largest loan servicers are also banks! The name and contact information of your loan servicer will appear on your monthly statement.
I want to file a complaint against my bank or servicer. Where should I send it?
Complaints against a bank or its servicer should be sent to the federal or state banking regulator with jurisdiction over that particular bank. This can be very confusing, since there are fifty State banking regulators and several federal bank regulatory agencies. For example, several of the biggest mortgage lenders – Wells Fargo, Bank of America, Citibank, and Chase – are national banks regulated by the federal Office of the Comptroller of the Currency. To file an online complaint against a national bank, go to: http://www.helpwithmybank.gov/complaints/
These websites can help you find out who regulates a particular bank:
(Video) Mortgage Default and Foreclosure: Module 5 of 5
What is a “loan modification”?
Aloan modificationis a written agreement between you and the holder of your mortgage to change the original terms of your mortgage (such as the length of the loan, principal balance, or interest rate). If you obtain a permanent loan modification, then your monthly payment may be reduced to a more affordable amount. You apply for a modification in much the same way that you apply for a loan, by providing personal and financial information, tax returns, proof of employment, etc. If your numbers meet the numerical formula used by the lender, then your application will be approved and your loan terms will be changed. If not, then your application will be denied, and you will still be bound by the terms of the original loan. Please be aware that in some cases, the length of the loan or the principal balance may be increased in return for a lower interest rate and monthly payment.
Some lenders allow homeowners to participate in atrial modification programwhile their application for a permanent modification is being considered. Please be aware that if your application for a permanent modification is denied, the lender may demand that you pay the difference between your original monthly payments and the trial program payments. Moreover, if the homeowner is delinquent in making payments under the trial modification program, it is almost certain that the application for a permanent modification will be denied.
Many lenders have their own loan modification programs, with their own formulas and requirements. The federal government’s Home Affordable Modification Program (“HAMP”) is designed to help homeowners who are experiencing a financial hardship. If you are found to be eligible for HAMP, then your loan may be modified to make your monthly mortgage payment no more than 31% of your gross monthly income. For more details on HAMP eligibility and requirements, visitwww.makinghomeaffordable.gov.
But be warned: applying for a loan modification may not stop a foreclosure. There have been instances where homeowners have had their homes sold at foreclosure while their modification applications were still pending. You should take action immediately if you receive a notice that your home will be foreclosed on by the holder of the mortgage.
What is the “Making Home Affordable Program”?
TheMaking Home Affordable Programis a federal program administered by the United States Department of the Treasury and the Department of Housing and Urban Development. It offers several options for homeowners, some of which are available through private lenders, including:
- Refinancing mortgage loans through the Home Affordable Refinance Program (“HARP”);
- Loan modifications for first and second mortgage loans through the Home Affordable Modification Program (“HAMP”) and the Second Lien Modification Program (“2MP”);
- Providing temporary assistance to unemployed homeowners through the Home Affordable Unemployment Program (“UP”); and
- Offering other alternatives to foreclosure through the Home Affordable Foreclosure Alternatives Program (“HAFA.”)
To get more information on these programs, visit
I’ve been solicited by companies offering to help me obtain a loan modification or avoid foreclosure – are they for real?
Maybe … and maybe not. Many companies advertising these services are scam artists who steal money from distressed homeowners by taking upfront fees and not delivering on their promises. Here are some suggestions for identifying scams and what to do if you feel that you have been a victim:
- You should never pay a fee for assistance with or information about theMaking Home Affordable Program.
- Beware of any person or organization that asks you to pay an upfront fee in exchange for a counseling service, foreclosure prevention, or modification of a delinquent loan.
- Beware of anyone who wants you to sign over the deed to your house in order to “save your home.”
- Beware of anyone who advises you to deliberately miss a mortgage payment.
- Never make your mortgage payments to anyone other than your mortgage holder, unless you have the mortgage holder’s approval.
To file acomplaintor to get free information on fraud and other consumer issues, call the Homeowner’s Hope Hotline at1-888-995-HOPE (4673) or contact theFederal Trade Commission atwww.ftc.gov/consumerprotectionor 877-FTC-HELP (4357). In addition to contacting the FTC, you may also wish to file a complaint with the Governor’s Office of Consumer Protection by calling 404-651-8600 or toll free at 1-800-869-1123. For more information about foreclosure rescue or loan modification scams, go towww.LoanScamAlert.org, www.ftc.gov/MoneyMatters, orhttp://www.occ.gov/news-issuances/consumer-advisories/2008/consumer-advi....(Video) Evidence of Mortgage and Foreclosure Fraud w/ C.G. Lamont Maurice El and Keithel Bey on 3-9-2022
What can I do if my mortgage holder has made mistakes in my account, or if I need more information about my mortgage account?
The federal Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605(e), gives you the right torequest information about your mortgage account. It also gives you the right todemand that your account be corrected, if you believe the lender or servicer has made a mistake. At the end of this webpage are sample letters that you can use to request information, or to ask that the servicer correct your account. Be sure to clearly identify the name of the borrower as it appears on the servicer’s records, the account number, and the property address. Federal law requires that the lender or servicer acknowledge your letter within twenty days, and answer it within sixty days.
How does foreclosure work in Georgia?
Georgiais a “non-judicial foreclosure” state. That means the lender can foreclose on your home without filing suit or appearing in court before a judge. The procedures for foreclosure are spelled out in the Official Code of Georgia, Sections 44-14-162 through 44-14-162.4.
Foreclosure begins with adefaultunder the terms of the original promissory note or deed to secure debt. Usually the default is your failure to make the required payments on the loan. A default can also occur due to things such as failing to maintain property insurance or pay your property taxes.
Next, the holder of your mortgage must sendnotice to the borrower of its intent to foreclose. The borrower will not get much advance notice –Georgialaw requires that the notice be sent at least 30 days before the date of the proposed foreclosure sale. The notice must be in writing and include the name, address and telephone number of someone who has authority to negotiate, amend, and modify the terms of the mortgage with the borrower. The notice must also be sent to the borrower by registered or certified mail or statutory overnight delivery, return receipt requested and include a copy of the advertisement of the foreclosure sale that will be published in the official county newspaper for public announcements. Refusing to accept a notice sent by registered or certified mail is a bad idea; it will not invalidate the notice.
The holder of your mortgage mustpublish noticeof the foreclosure in the official county newspaper for public announcements where the real property is located for four consecutive weeks prior to the scheduled foreclosure.
If it has not already done so, the holder of your mortgage must file proof that it owns title to the security instrument related to the real property with the clerk of the superior court of the county in which the real property is located, prior to the start of the foreclosure sale. This proof is usually in the form of anassignmentof the promissory note and deed to secure debt. Since mortgages are often sold or assigned, this requirement may assist the borrower with identifying the current holder of their mortgage.
Theforeclosure salewill take place on the courthouse steps in the county where the property is located. By law, foreclosure sales take place on the first Tuesday of the month between the hours of 10:00 a.m. and 4:00 p.m. Bidding is open to the public, but the mortgage holder often is the only bidder. The mortgage holder will sign adeed of foreclosureto the winning bidder, which may well be itself. At that point, the winning bidder becomes the new owner of the property.
What happens after the foreclosure sale has taken place?
A valid foreclosure wipes out the borrower’s right to live in the house. The new owner of the property may file adispossessory actionto evict the borrower from the home. Some lenders have a “cash for keys” program, in which they will pay homeowners a small amount to voluntarily leave the property.
In most cases, the mortgage holder accepts the property in satisfaction of the loan, and foreclosure marks the end of legal proceedings against the borrower. However, the holder of the mortgage may file suit against the borrower to recover any difference between the amount paid for the property at the foreclosure and the amount remaining on the promissory note. This is called adeficiency proceeding. If this happens, the matter will go before the courts.
If you believe that you have been the victim of awrongful foreclosure, then you should seek legal advice as soon as possible from a private attorney or legal aid organization. If you do not have an attorney, you may wish to contact the State Bar of Georgia at 404-527-8700 or 1-800-334-6865 to obtain the telephone number for a referral service in your area. Alternatively, you may be eligible for free legal services. For those residing in theAtlantametropolitan area (Clayton, Cobb, DeKalb, Fulton and Gwinnett counties), please contact the Atlanta Legal Aid Society at 404-377-0701. For all otherGeorgiacounties, please contact the Georgia Legal Services Program at 404-894-7707 or 1-800-822-5391.
What if I am a tenant in a home that has been sold at foreclosure?(Video) How to Analyze Mortgage Foreclosure Problems on the Bar Exam
Under the federal “Protecting Tenants at Foreclosure Act of 2009,” Pub. L. No. 111-22, 123 Stat. 1660, a tenant with abona fidelease has the right to stay in the home after foreclosure, and must be given at least ninety days’ notice to move out. The Act does not apply if the tenant is the borrower, or a member of the borrower’s immediate family. It is scheduled to expire at the end of 2012.
What if I have lost my home in foreclosure and I cannot afford to live elsewhere?
The Georgia Department of Community Affairs has a number of home and rental assistance programs available for eligible Georgians. For more information, contact DCA at 404-679-4940 or toll free at 1-800-359-4663.
How can I avoid foreclosure?
Several options may be available to a homeowner facing foreclosure:
- Contact your lender or servicer and make arrangements to cure the default. Usually, this means making a cash payment to bring the loan current.
- Contact your lender or servicer and make arrangements for a “short sale.”
- Contact your lender or servicer and make arrangements for a “deed in lieu of foreclosure.”
- Consult a private attorney to see if a bankruptcy petition is advisable.
- Consult a private attorney to see if there are legal grounds to seek a restraining order.
Which options are available or appropriate for the homeowner will depend on the particular facts of the case. Although our office is prohibited by law from giving you legal advice, a private attorney or HUD-certified housing counselor may be able to help you. Some of these options are explained in more detail below. In all cases, though,you must actimmediatelyafter receiving notice of a foreclosure.
What is a short sale?
Ashort saleoccurs when you sell your home for less than the balance remaining on your mortgage. It is important to understand that a short sale must be approved in advance by your lender. If it is approved, the holder of your mortgage agrees to accept the proceeds of the sale and to cancel the mortgage.
You may also be eligible for the federal government’s Home Affordable Foreclosure Alternatives Program (“HAFA,”) which offers short sale and deed-in-lieu options. For more details on HAFA eligibility requirements, visitwww.makinghomeaffordable.gov.
What is a deed in lieu of foreclosure?
Adeed in lieu of foreclosureis a legal document signed by the homeowner to voluntarily transfer ownership of the property to the lender in exchange for a release from the loan. This is sometimes referred to as “giving the property back to the bank.” This option is only available if the lender agrees to accept the deed and to cancel the mortgage.
In some situations, if your mortgage is owned by Fannie Mae, you may be able to lease your home after signing a Deed in Lieu of Foreclosure. Even if your loan is not owned by Fannie Mae, there may be a similar leasing option offered by your lender.
How can a bankruptcy petition help me?
Under federal law, the valid filing of a bankruptcy petition acts as a “stay” of legal proceedings against the debtor, including a non-judicial foreclosure. Such a petition will suspend the foreclosure proceedings if it is properly filed with the Clerk of the U. S. Bankruptcy Court before the property is sold on the courthouse steps. However, in some cases, the mortgage holder may seek permission from the bankruptcy judge to resume foreclosure proceedings. Moreover, if you want to keep your house, then you will have to continue paying the mortgage during the bankruptcy proceedings.
The filing of a bankruptcy petition has serious consequences. You should seek legal advice before making that decision to ensure that it is in your overall best interests.(Video) Understanding The Foreclosure Process and Timeline
Who can help me avoid a foreclosure?
You can find a nearby HUD-certified housing counselor online athttp://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfmor by calling 1-800-569-4287.
In the metro Atlanta area, the Consumer Credit Counseling Service of Greater Atlanta, the Fannie Mae Foundation, the Homeownership Preservation Foundation, NeighborWorks America, and the United Way have joined together to provide free counseling to Georgia homeowners to provide consumer education and to prevent home foreclosures. This foreclosure prevention program offers atoll-free 1-888-995-HOPEhotline.The hotline is staffed 24 hours a dayby counselors who provide free, confidential advice for those facing foreclosure. Homeowners who want or need in-person counseling will be referred to local organizations. Counseling is available in English and Spanish. Visit their website atwww.995hope.org.
TheU.S.Department of Housing and Urban Development (“HUD”) and Fannie Mae have launched websites to assist borrowers who are having difficulty with their mortgages. HUD’s website is athttp://www.hud.gov/foreclosure/index.cfm. While a good deal of this information may apply to all homeowners in danger of losing their homes, not all of the foreclosure avoidance options mentioned may be available to you if you have a VA or conventional loan.
Fannie Mae’s website isathttp://www.knowyouroptions.com, and it provides information for all borrowers, whether or not Fannie Mae owns your loan.
If you are having trouble making your mortgage payments due to unemployment or underemployment, then you may wish to apply for assistance from the Georgia Department of Community Affairs' "HomeSafe Georgia"program. For more information, visitwww.homesafegeorgia.com.
What preparations should I make before consulting a housing counselor or lawyer about problems with my mortgage?
The first step is to gather together all the documents pertaining to your mortgage, such as the documents from your loan closing and any subsequent closing, letters and mortgage statements, and records of payment. Fannie Mae offers a very helpful financial checklist to fill out before seeking help. To download a copy, visit:
Are there any special legal protections for active duty military personnel?
The federal “Servicemembers Civil Relief Act,” 50 U.S.C. Sections 501 through 596, limits the rate of interest that may be charged to military personnel on active duty, and imposes limitations on a lender’s right to pursue foreclosure or legal action. This Act applies to active duty military personnel who had a mortgage prior to enlistment or prior to being ordered to active duty, including members of the Army, Navy, Marine Corps, Air Force, Coast Guard; commissioned officers of the Public Health Service and the National Oceanic and Atmospheric Administration who are engaged in active service; reservists ordered to report for military service; persons ordered to report for induction under the Military Selective Service Act; and guardsmen called to active service for more than 30 consecutive days. Dependents of servicemembers also may be entitled to protections in some cases. For more information, please call the military information number at 1-800-342-9647, or visit HUD’s website athttp://www.hud.gov/offices/hsg/sfh/nsc/qasscra1.cfm(Video) Real Property: Mortgages, Foreclosure, and Priority Rules [LEAP Preview]
The Most Commonly Used Foreclosure Procedure In the State
A foreclosure can be either: judicial (the foreclosing party files a lawsuit, and the case goes through the court system) or. nonjudicial (the foreclosing party follows a set of state-specific, out-of-court procedural steps to foreclose).
How Long Does Foreclosure Take? In Georgia, the foreclosure process can vary depending on your circumstances. However, on average, it takes about one to three weeks to complete. If your property was sold at a foreclosure auction, the eviction process takes about 14 to 30 days.
Some states also provide foreclosed borrowers with a redemption period after the foreclosure sale, during which they can buy back the home. However, Georgia law doesn't give borrowers a statutory right of redemption after a nonjudicial foreclosure. Once your Georgia home has been foreclosed, you can't redeem it.
How does foreclosure work in Georgia? Georgia is a “non-judicial foreclosure” state. That means the lender can foreclose on your home without filing suit or appearing in court before a judge. The procedures for foreclosure are spelled out in the Official Code of Georgia, Sections 44-14-162 through 44-14-162.4.
There are two types of foreclosure: judicial foreclosures, which require a court order, and non-judicial foreclosures, which do not. In judicial foreclosures, the mortgagee must go to court and prove that it owns the mortgage and has the right to foreclose on it.
A power of sale is generally a faster process, usually taking just a few months, when compared to a judicial foreclosure. So, you'll most likely lose your home sooner than if a judicial foreclosure happens.
Phase 1: Payment Default
Payment default occurs when a borrower has missed at least one mortgage payment—although the technical definition can vary by lender. After missing the first payment, the lender will reach out via a letter or telephone.
- Steps to take - act now if you think you will be unable to pay your mortgage.
- HUD-approved housing counseling agencies - local agencies that provide FREE foreclosure avoidance counseling.
- (888) 995-HOPE (4673) - FREE foreclosure prevention counseling on the phone or online.
File for Bankruptcy Protection
With the help of an attorney, filing for bankruptcy will temporarily halt the foreclosure process during the bankruptcy proceedings. Bankruptcy should be utilized if you are in financial stress in other areas in addition to your home.
Foreclosures may remain on your credit report for seven years, but maintaining payments on your other credit accounts during those seven years will help balance out the negative entry. Make sure you pay your bills on time, in full and consider applying for a credit card that can help you bounce back.
Conventional loan foreclosure waiting periods
There's a seven-year waiting period after a foreclosure with a conventional conforming loan for both Fannie Mae or Freddie Mac-backed loans.
Foreclosure stays on your credit report for seven years.
A foreclosure stays on your credit report for seven years from the date of the first missed payment that led to it, but its impact on your credit score will likely fade earlier than that.
- Contact your mortgage servicer. ...
- Contact a HUD-approved housing counselor for assistance. ...
- Find out how foreclosure works. ...
- Make a record of all your communications with your servicer. ...
- Participate in foreclosure mediation if your state, county, or city, offers it.
- Get the Property History.
- Determine Comparable Sales for the Property.
- Analyze the Listing Agent's REO Closed Sales.
- Ask About the Number of Offers Received.
- Submit a Pre-approval Letter.
- Don't Ask the REO Bank To Pay for Repairs.
- Shorten the Inspection Period.
- Offer To Split Fees With the REO Bank.
The lender sends a notice of default after 90 days of missed payments. The loan is handed over to the lender's foreclosure department, and the borrower typically has another 30 days to settle the payments and reinstate the loan (this is called the reinstatement period).
Foreclosure is when the bank or mortgage lender takes possession of property that is in default, often against the homeowner's will. Your mortgage agreement states that if you stop making payments on your loan, the bank can reclaim the property through foreclosure.
When you avail a loan, one of your priorities would be to pay off the loan as quickly as possible. If you want to repay the loan before the loan tenure, the lender may levy a prepayment penalty, which is called foreclosure charges.
After two payments go unpaid, the borrower's situation becomes more challenging and the lender will increase efforts to make contact. The worst-case scenario for a homeowner who has defaulted on a mortgage is foreclosure, a legal process that results in a homeowner's rights to a property being eliminated.
Foreclosure and different kinds of mortgages:
Simple mortgage: The mortgagee in such scenario does not get possession of the mortgaged property and therefore cannot exercise right of foreclosure.
Short sales don't damage credit ratings as much as foreclosures—but they are still negative credit marks. Foreclosures have a much more negative impact, because they generally stay on credit reports for seven years. Consumer Financial Protection Bureau.
Though there wouldn't be any difference initially, foreclosing a loan will have a lasting effect on your credit score due to your repayment history. Prepayments towards home loans are considered for tax deduction as they are, in principle, repayment towards the principal amount of the home loan.
Three types of foreclosures may be initiated at this time: judicial, power of sale and strict foreclosure. All types of foreclosure require public notices to be issued and all parties to be notified regarding the proceedings.
So, it is important to do a cost-benefit analysis before you apply for a loan. Is there a right time to pay off debt? For those who are good at saving within their budget and are in possession of excess funds, it is always a good idea to foreclose a loan, unless it is almost the end of the personal loan tenure.
At closing, the seller signs a deed transferring title to the buyer/borrower. The buyer/borrower signs a promissory note, which obligates him or her to make payments to the lender, and a security instrument, such as a deed of trust, which conveys an interest in the property to the lender.
- Identify the cause of your foreclosure. ...
- Pay your bills on time. ...
- Make a budget and stick to it. ...
- Get a secured credit card. ...
- Keep an eye on your credit utilization ratio. ...
- Seek a professional's help. ...
- Check your credit scores and reports regularly. ...
- Be patient.
How long does the repossession process take? With the various steps that lenders need to follow to apply for a repossession order, the whole process can take up to 9 months. This can differ case to case, but in general, it's quite a slow process.
To stop repossession of your home you need to: keep talking to your lender. try to improve your financial situation. work out a repayment plan.
- Examine your budget carefully and cut debt levels. ...
- Sell the property before you fall into arrears. ...
- Ask the bank to extend your mortgage payback period to 30 years. ...
- Speak to your accountant or financial advisor.
A "foreclosure bailout loan" is a mortgage loan designed to stop a foreclosure. Usually, the foreclosure bailout loan will refinance the entire balance of the existing loan. But some lenders make loans in an amount that's just sufficient to reinstate the defaulted loan.
The foreclosure sale didn't raise enough cash to pay off your mortgage loan. And if you don't make up the difference between what you owed and the foreclosure sale price—the deficiency—your lender will take you to court and get a deficiency judgment.
Foreclosure and Keeping Your Equity
You don't forfeit the equity in your property after banks auction off your home in foreclosure. However, once the home is sold at auction, the adverse effects of foreclosure will chip away at that equity before you are paid the remainder.
A foreclosure won't ruin your credit forever, but it will have a considerable impact on your score, as well as your ability to obtain another mortgage for a while. Also, a foreclosure could impact your ability to get other forms of credit, like a car loan, and affect the interest rate you receive as well.
Removing foreclosures from your credit report requires filing a dispute with each of the three major credit bureaus. These credit bureaus have the right to dismiss any disputes they deem frivolous. The credit bureaus examine each dispute's communication and proof before deeming it worthy of being considered.
What Is a Mortgage Repurchase? A mortgage repurchase is the same as a mortgage putback; when the investors in a mortgage-back security (MBS) demand that the originator of a mortgage repurchase that mortgage due to perceived issues related to when the mortgage was approved by the bank.
Extenuating circumstances are nonrecurring events that are beyond the borrower's control that result in a sudden, significant, and prolonged reduction in income or a catastrophic increase in financial obligations.
Every late or missed payment can negatively impact your credit scores. Unfortunately, a foreclosure remains on your record with all three nationwide credit bureaus for seven years. However, the negative impact of a foreclosure lessens over time.
A foreclosure is a significant negative event in your credit history that can lower your credit score considerably and limit your ability to qualify for credit or new loans for several years afterward.
Key Takeaways. In general, a lender won't begin foreclosure until you've missed four consecutive mortgage payments. Timing can vary from lender to lender as well as on the state of the housing market at the time. Lenders generally prefer to avoid foreclosure because it is costly and time-consuming.
The right of redemption allows homeowners to keep their homes if they pay back what they owe even after their lender starts the foreclosure process or puts the home up for sale at public auction.
Banks are willing to negotiate foreclosures because they are losing money on the property when it sits vacant. They want someone to live in the house and to pay for the loan.
The term real estate owned (REO) refers to a lender-owned property that is not sold at a foreclosure auction. Properties become REO when owners default and the bank repossesses them and tries to sell them.
Get a preapproval letter
“It's always good to be prepared,” Sklar says. “Having your proof of funds will make it an easier transaction.” You'll also want to consider what kind of loan to get preapproved for. Foreclosed properties often require repairs or upgrades, and an FHA 203(k) loan can help.
Foreclosure is an action of closing the policy due to default in payment of outstanding loan and/or loan interest on due date.
How long will it take before I'll face foreclosure? The legal foreclosure process generally can't start during the first 120 days after you're behind on your mortgage. After that, once your servicer begins the legal process, the amount of time you have until an actual foreclosure sale varies by state.
The other 28 states—including Arizona, California, Georgia, and Texas—primarily use nonjudicial foreclosure, also called power of sale. 4 This type of foreclosure tends to be faster than a judicial foreclosure, and it does not go through the courts unless the homeowner sues the lender.
- Job loss or reduction in income.
- Debt, particularly credit card debt.
- Medical emergency or illness resulting in a lot of medical debt.
- Divorce, or death of a spouse or partner who contributed income.
- An unexpected big expense.
- Moving without being able to sell the home.
- Natural disaster.
Homebuyers also have the opportunity to buy a property significantly below market value at auction. However, most auctions only accept cash payments, which means that you'll need to have a significant amount of money ready for the purchase.
You can calculate the prepayment charges by determining the different between the original interest rate and the current interest rate. For example, if the original interest was 7.5% and the current rate is 5.5% the difference is 2%. Multiply the principal amount by the difference in percentage – 200,000 x 0.02 = 4000.
- Mortgage repayment plan. ...
- Loan modification. ...
- Deed-in-lieu of foreclosure. ...
- Short sale. ...
- Short refinance. ...
- Refinance with a hard money loan.
There are three main risks you face from the auction process itself: Unknowns surrounding auction terms and fees. The risk of losing legal and survey costs. The risk of overpaying.
Transcript: The components of a mortgage payment
The Principal portion is the amount that pays down your outstanding loan amount. Interest is the cost of borrowing money. The amount of interest you pay is determined by your interest rate and your loan balance.
Both short sales and foreclosures can get homeowners out of paying for their mortgages. Short sales are voluntary actions by the homeowner; they require approval from the lender. Foreclosures are involuntary for the homeowner; the lender takes legal action to take control of and sell the property.