All About the Foreclosure Process
May 31st 2011alexHome Owner Tips
Paying your bills on time, or at all, has become a major topic in this slowed down economy. There are many legitimate reasons that a homeowner might be unable to make their mortgage payments—loss of employment, for example, or an increase in medical expenses—but regardless, mortgage payments need to be made on time. Loan default happens in stages, and at each stage there are opportunities to slow down the process, hopefully to give the homeowner a chance to get back on track and avoid foreclosure. The first thing a homeowner should do if they find themselves in danger of missing a payment is to contact their lender, who may have ready options to help.
Although individual states have slightly different statutes, generally the timeline happens as follows. After missing one month’s payment, a homeowner would expect a phone call or letter from their lender, simply as a reminder that the payment is late. After the second month, the lender will usually contact the homeowner to discuss why the payments are being missed, and try to work with them to resolve the issue. When a mortgage payment is 90 days late, the homeowner will receive a “Notice to Accelerate” letter—a warning that if the missing mortgage payments are not made, foreclosure proceedings will begin. The “Notice to Accelerate” gives the homeowner 30 days to bring their payments current; after this time the lender’s attorneys will get involved in the process (and the homeowner will be responsible for the attorney’s fees in addition to the delinquent payment). Finally, the lender’s attorneys will schedule a Public Trustee’s Sale of the property, and this scheduled date will also be considered the date of foreclosure (but not necessarily the date that the premises must be vacated). At this time, the only way to avoid losing the property is to pay the loan in full before the foreclosure date. Certain states may have a “redemption period” after the sale date, allowing the homeowner a final grace period to repurchase the home—if they pay not only the total remainder of the mortgage, but also all costs of the foreclosure process incurred by the lender.
It’s important to remember that nobody wants a foreclosure to occur—the process is expensive and difficult for the lender, and they have no more desire to take over a property than the homeowner does to lose it. The smartest thing a homeowner can do under the threat of foreclosure is to maintain open communication with the lender—return all phone calls and answer all mail, at least; and even better to go speak to the lender in person. If the homeowner can show that reasonable attempts are being made to get the mortgage payments back on schedule—such as cutting luxury spending or seeking alternative means of income—the lender will often grant the borrower a little extra leeway. The homeowner can also speak to a licensed housing counselor, free of charge, through the federal department of Housing and Urban Development (HUD).


