I am renting a house and I am unable to afford the rent which I have been working a parttime job cause I lost my full time job and now my landlord has told me that if I do not come up with $1300.00 by next week that the bank is going to foreclose on his house. I have never been in this situation before. What do I do?
Foreclosure is the legal process a lender initiates to force the sale of a mortgaged property when the borrower has not met the terms of the mortgage. Foreclosures can also be initiated by others having a lien on your property such as the county if you don't pay property taxes.
How does the foreclosure process work?
There are two common types of foreclosure processes in Oregon - judicial and non-judicial. The most regularly used process in this state is the non-judicial, where the document securing the loan is a deed of trust. The parties involved are the financial institution or beneficiary, which is the institution you owe the money to; the trustee, which is the neutral party to whom you conveyed or transferred temporarily the title of your house to be held in trust until your loan is paid off; and you as a borrower or trustor/grantor.
One of the most important components of the foreclosure process is the proper procedures of notification. For purposes of illustration, we will briefly discuss the process of foreclosure by "advertisement and sale," which will start if you, the homeowner, are not making your mortgage payments as agreed and they have been continuously late for at least 60 to 90 days. After trying to contact you to have you bring your mortgage payments current, the financial institution will give instructions to the trustee to start the foreclosure process or, in lending jargon, "accelerate" the loan. First, the trustee will send out a notification of sale to you and all parties with an interest in the property. This notification lets you know your home is in the foreclosure process and it will be filed in the county or counties where your house is located. At this point the information about the loan in default and the foreclosure process becomes public information.
The notification of sale should include the following:
Your name(s) and address, the names of the trustee and financial institution.
The legal description of the property and often the commonly known address
Information about the records within the county where the notification of sale has been recorded
The reason why your house is in foreclosure
The total amount(s) owed
The decision made to sell the property to satisfy the debt
The date, time and place of the sale
Your rights under state law to stop the foreclosure process if you bring your loan current, including paying expenses incurred by the financial institution to cover the foreclosure process.
You have the right to reinstate your loan by bringing your loan current, in addition to paying the expenses mentioned above, but you should do this no later than 5 days before the sale (auction date) of the house.
At least 20 days prior to the sale of the property, the trustee should publicize for the last time the sale/auction in a local newspaper in the county or counties where the property is located. The publication will also include the date, time and place where the sale of the property will take place.
The buyers of the property will be entitled to take possession of the property ten (10) days after the auction date. Anyone interested, including yourself, may present a bid to buy the house.
Effective June 9, 2008, a new state law - the Mortgage Rescue Protection Act - requires trustees to provide homeowners a "notice of home loss danger." The trustees are required to provide this notification to the homeowner at the same time or before the required notification that the house is in foreclosure.
The purpose of the notice is to promptly and clearly notify homeowners who occupy the property as their primary residence, about the risk of losing their homes and, if possible, what homeowners could do to try to save their homes. The notification also should include a toll-free number where homeowners can call to get information about approved non-profit organizations that provide foreclosure prevention counseling programs in different areas of the state. Also, the law and the notice provide homeowners with the opportunity to seek legal assistance if they meet the definition of low income under federal guidelines. For more information on foreclosure prevention counseling and legal assistance, please see the resources section of this publication or call the telephone numbers provided in the required notifications. If you receive such notification, we strongly recommend calling the toll-free number provided and seek help from an approved counselor or legal assistance in your area. Also, you can find the contact information in the resources section.
Also, if you do not pay your annual property taxes to the county or counties where your house is located, after three years of unpaid property taxes, the county will start the foreclosure process.
Proper procedures of notification must be followed. You will receive in your annual property tax statements the notification about when your house is subject to foreclosure.
What if my house sells for less than I owe?
If your house is sold at auction or is transferred to the lender and the amount for which it was sold or transferred is not enough to cover the balance of your loan, the financial institution, with certain exceptions, may have to cancel or forgive the balance between the fair market value of the house and the amount you owe. This balance or deficit is also known as "cancellation of debt." The institution will file the applicable IRS forms with the amount(s) owed and other relevant information. You will receive a copy of the applicable 1099 form(s) in reference to the amount "forgiven." With certain exceptions, you may have to include this amount as part of your income when you file your income taxes. Talk to a tax adviser about the potential impact on your tax filings.
A recent law, the "Mortgage Forgiveness Debt Relief Act" amending the Internal Revenue Code, provides with additional exclusions for some homeowners who lost their homes, if occupied as their primary residence, to foreclosure and the lender canceled or "forgave" a debt secured by the house. This new law can be applied for residential discharged debts of up to $2 million ($1 million if married filing separately) made on or after January 1, 2007, but before January 1, 2010.
For additional information please see our resources section for the IRS Web site or contact your tax advisor.
If you are having a tough time making your mortgage payments because you are unemployed, you may be eligible for UP. UP provides a temporary reduction or suspension of mortgage payments for at least three months while you seek re-employment.
Eligibility*
You may be eligible if you meet all of the following:
You are unemployed and eligible for unemployment benefits.
You occupy the house as your primary residence.
You make your request for help before you’ve missed three payments.
You have not previously received an UP forbearance or HAMP modification.
You obtained your mortgage on or before January 1, 2009.
*Eligibility criteria is for guidance only. Contact your mortgage servicer to see if you qualify for UP.
You may be required to make a partial payment not to exceed 31% of your monthly gross (pre-tax) income including unemployment benefits.
You will be evaluated for HAMP at the end of your UP forbearance plan.
UP is not currently available for homeowners with mortgages held by Fannie Mae and Freddie Mac; however, both have their own forbearance arrangements for unemployed homeowners. Please contact your mortgage servicer to see if you are eligible.
For More Information
If you have additional questions about getting mortgage help, contact one of our housing advisors at (888)995-HOPE (4673). These HUD-approved housing counselors will help you understand your options, design a plan to suit your individual situation, and prepare your application. Research shows that homeowners who work with housing counselors like these are more successful and have better long-term outcomes. There is no cost to you for this valuable, around-the-clock service. Help is available in more than 160 languages.
The further behind you become, the harder it will be to reinstate your loan and the more likely that you will lose your house.
2. Contact your lender as soon as you realize that you have a problem.
Lenders do not want your house. They have options to help borrowers through difficult financial times.
3. Open and respond to all mail from your lender.
The first notices you receive will offer good information about foreclosure prevention options that can help you weather financial problems. Later mail may include important notices of pending legal action. Your failure to open the mail will not be an excuse in foreclosure court.
4. Know your mortgage rights.
Find your loan documents and read them so you know what your lender may do if you can't make your payments. Learn about the foreclosure laws and timeframes in your state (as every state is different) by contacting the State Government Housing Office.
5. Understand foreclosure prevention options.
Valuable information about foreclosure prevention (also called loss mitigation) options can be found online.
6. Contact a HUD-approved housing counselor.
The U.S. Department of Housing and Urban Development (HUD) funds free or very low-cost housing counseling nationwide. Housing counselors can help you understand the law and your options, organize your finances and represent you in negotiations with your lender, if you need this assistance. Find a HUD-approved housing counselor near you or call (800) 569-4287 or TTY (800) 877-8339.
7. Prioritize your spending.
After healthcare, keeping your house should be your first priority. Review your finances and see where you can cut spending in order to make your mortgage payment. Look for optional expenses--cable TV, memberships, entertainment--that you can eliminate. Delay payments on credit cards and other "unsecured" debt until you have paid your mortgage.
8. Use your assets.
Do you have assets--a second car, jewelry, a whole life insurance policy--that you can sell for cash to help reinstate your loan? Can anyone in your household get an extra job to bring in additional income? Even if these efforts don't significantly increase your available cash or your income, they demonstrate to your lender that you are willing to make sacrifices to keep your home.
9. Avoid foreclosure prevention companies.
You don't need to pay fees for foreclosure prevention help--use that money to pay the mortgage instead. Many for-profit companies will contact you promising to negotiate with your lender. While these may be legitimate businesses, they will charge you a hefty fee (often two or three month's mortgage payment) for information and services your lender or a HUD-approved housing counselor will provide free if you contact them.
10. Don't lose your house to foreclosure recovery scams!
If any firm claims they can stop your foreclosure immediately and if you sign a document appointing them to act on your behalf, you may well be signing over the title to your property and becoming a renter in your own home! Never sign a legal document without reading and understanding all the terms and getting professional advice from an attorney, a trusted real estate professional or a HUD-approved housing counselor.
Few people think they will lose their home; they think they have more time.
Here's how it happens. Note: Timeline varies by state.
First month missed payment – your lender will contact you by letter or phone. A housing counselor can help.
Second month missed payment – your lender is likely to begin calling you to discuss why you have not made your payments. It is important that you take their phone calls. Talk to your lender and explain your situation and what you are trying to do to resolve it. At this time, you still may be able to make one payment to prevent yourself from falling three months behind. A housing counselor can help.
Third month missed payment after the third payment is missed, you will receive a letter from your lender stating the amount you are delinquent, and that you have 30 days to bring your mortgage current. This is called a "Demand Letter" or "Notice to Accelerate." If you do not pay the specified amount or make some type of arrangements by the given date, the lender may begin foreclosure proceedings. They are unlikely to accept less than the total due without arrangements being made if you receive this letter. You still have time to work something out with your lender. A housing counselor can still help.
Fourth month missed payment – now you are nearing the end of time allowed in your Demand or Notice to Accelerate Letter. When the 30 days ends, if you have not paid the full amount or worked our arrangements you will be referred to your lender's attorneys. You will incur all attorney fees as part of your delinquency. A housing counselor can still help you.
Sheriff's or Public Trustee's Sale – the attorney will schedule a Sale. This is the actual day of foreclosure. You may be notified of the date by mail, a notice is taped to your door, and the sale may be advertised in a local paper. The time between the Demand or Notice to Accelerate Letter and the actual Sale varies by state. In some states it can be as quick as 2-3 months. This is not the move-out date, but the end is near. You have until the date of sale to make arrangements with your lender, or pay the total amount owed, including attorney fees.
Redemption Period – after the sale date, you may enter a redemption period. You will be notified of your time frame on the same notice that your state uses for your Sheriff's or Public Trustee's Sale.
Important: Stay in contact with your lender, and get assistance as early as possible. All dates are estimated and vary according to your state and your mortgage company.
Hello friendshelpingfriends,
I am so glad you have more time as when I got up I read from sheshe030 that you had appointment with the judge. I hope the move is a smooth one and you find the help you need for that.
hugs
Starshine
Got out of court at 11:30 am. It wasn't as bad as I thought. Talked with a legal adviser who showed me how to fill out the papers. The extension of time I asked for was till 1/18/11. We will have to come up with a rent deposit of $795 to deposit with the court for this, but I should be able to work this out.
Then I filed the papers with the clerk, thinking I would have to go in front of judge, but the clerk said no. She said to call back by 4:00 to day to find out what the answer is. Then I have to go back down and pick up the processed papers. They will automatically file with Sheriff's office.
I got home and had to call my husband and tell him, then fix dad some lunch and get him ready for the afternoon.
So just waiting to find out. Thank you guys so much for keeping me in your thoughts. As soon as I find out, I will post the outcome.
Reply to FRIENDSHELPINGFRIENDS:---You got it my friend, I will gladly pray that you get the extension you need to vacate. Your almost there Cali, in a week plus you will be in your new 4 bedroom home and can start all over in a house where everything works. olo Won't that be grand? Please let us know the outcome of your visit to the judge today. All y best wishes, Love Sheshe030
If you are going through a foreclosure, please read this.....
This is what happened to me and my family.....
We live in Sacramento, California so if you are in a different state, you will have to look up your state's foreclosure process....
We made a decision to let our house go when our mortgage payment increased to $2,300 a month, our loan to $329,000 and the house worth $180,000. These are really sad numbers. We could wait it out to see if things would turn around or we could be agressive and bit the bullet. We decided to bite the bullet.
Once our mortage filed a notice of default and had it recorded, we had 90 days to come up with the default payments which amounted to $15,000..... this was not workable for us, we have bad credit and no way to get it.... so we waited the 90 days out trying to save as much as we could.
Then after the 90 days, we were sent notice of sale which was within 21 days. We still had till 5 days before the sale to make the default payments, we didn't have the money. We couldn't refinance and we couldn't get a modification.
So on 9/8/10, are house was sold back to the mortgage company at 9 am. On 9/9/10, the appointed realty company showed up and offered us $1,500 keys for cash if we could be moved out by 9/18/10. We tried, but medical issues came up and I was going to have to have surgery on my eye. When the real estate respresentiative came back on 9/18/10, I begged with him to give us another 7 days and he said he would. On 9/25/10, we still couldn't do it. So when the respentative showed up I asked what would happed now, he said the mortgage company would precede with the eviction process.
So in a panic, we stayed and waited for the next move from the mortgage company. What people don't know, is it can be a long process before you actually have to move.
I didn't have money for a lawyer, so I did my own research. You cannot be physically removed from the house until a writ of possession has been filed with the court and given to the sheriff......
On 10/13/10, we were served with 3 day Notice to Quit or get out basically. Okay, panic set again. But, BY LAW, the mortgage company cannot legally throw you out. So we waited for the next move.
On 10/21/10 my eye surgery was performed and I was not able to do anything for about 2 weeks. I had to keep my head down to give the eye time to heal.
On 10/24/10 we were served with an Unlawful Detainer stating that the mortgage company had filed and the Sacramento County Superior Court that we were being sued. Okay, here I can't do anything because of my eye, and now what was going to happen.
In the summons, you have 5 days from receipt to file an answer back as to why you believe you should not be evicted. I took a chance to see if this would work. It did. I went down to the court house, not being able to see and filed the necessry papers. It cost $180 to file, but I got a waiver because I do not work.
Once that was filed, the mortgage company HAD TO request a court date to hear my side of the story. This is by law. On November 23, the mortgage company requested and hearing date, and the court set a time for December 15.
This gave enough time for my eye to heal enough and start to get things in place and start packing. I missed my court date due to medical problems with my dad. So now again, I am in a panic.
The mortgage company filed a Default of Judgement and issued a Writ of Possession. We were served with eviction papers on Christmas Eve and are scheduled for lock out on January 3.
But there is still something we can do to buy time. We have found a house who will accept us, but I don't think we can get everything moved by Sunday night. Besides, it has been raining here everyday.
Today I am going to court to file a Stay of Eviction. I can do this if i feel it will cause an extreme hardship on us. So I have to call the mortgage company to let them know what I am doing by 9 am and then go to the court and talk with their free legal advisers as to the paperwork needed, then wait to see the judge personally to explain my situation. This is not a trial. This is for a sincere legal hardship request. The judge can reward up to 40 days if required. I am asking until the end of January. Once that is done, then I have to run approved paperwork over to the Sheriff's office to stop the evicion January 3.
After that, we wll be moved and have gotten rid of the $329,000 loan and can start fresh.
So you see, if you are willing to go the mile, you can get the time needed to find some place else.
Although I have to admit, if you get stressed easily, this can really cause a problem. But it can be done.
Say a prayer for me today as I go to court and let God speak to the judge to give us just a little more time till the end of January.
The continuing saga of our foreclosure.... we weren't able to moved out in the 30 days the realtor wanted us out. He showed up on Monday at 9:30 am. Now we are waiting for the 3 day eviction notice from the bank's attorney. I thought it would have been here yesterday.
I spoke with a pro bono paralegal in Sacramento yesterday, and she said that she will help draft the complaint for me to file on the unlawful detainer. I am trying everything I can to get some more time as I have my eye sugery on 10/18 and we will loose a couple weeks for packing and getting things ready to move.
I will keep you all posted as to the status. Not that I would want this to happen to anyone.... but people forget they have rights after the foreclosure. Realtors and banks won't tell you that there are still options before the the total course of the foreclosure is finished.
Well folks, here is some news that some of you may not have known about foreclosures on your home. This is in California......
Our house loan was modified last year, but due to medical and cut backs in job hours, we still eneded up loosing the house. If we had equity still, we would have fought harder. But our loan was $329,000 and the worth of the house was $250,000. So the option was to let it go. The house was sold back to the bank on September 8, 2010 at 9:30 am.
Now the fun part. We are still in the house as of today. When your house is sold to the bank, they appoint a realtor to negotiate to get you out. That is where the cash for keys come in. We were given 30 days with a 2 day extention. The realtor was going to give us a $1,500 check to be moved out by Sunday, October 10, 2010. Today is Monday, October 11, 2010.
Events leading up to this. Last week.... in an attempt to start packing and finding a place to live, my husand was in a car accident, his car was totalled, not his fault. He was hit from the rear and then pushed into the car in front of him. This happened on Wednesday, October 6, 2010. Bad part of this, this was our only car.
On Thursday, October 7, 2010, my left eye is hurting and I am having problems seeing. Go to doctor and find out I have a hole in my eye and have to have surgery on October 18, 2010, and will not be out of hospital for a week as I will be immobile.
Talk about bad luck. Last night if I could of done it, I would have killed myself.
But here I am today. Okay, clear the mind, think, think positive and think what could possibly happen now.
The realtor showed up this morning at 9:30 am and asked if we were moved out, told him no. He said okay and left.
What will happen now..... This is the question...... There is good news.....
The attornies for the bank will file a 3 day vacate notice. If we cannot get moved out in 3 days, then they will file an unlawful detainer with the court. When this is done, I have 5 days according to the notice to file a complaint, which I am going to do. This should give me at least 20 to 30 more days in the house which I can use for recovery. I can keep filing notices, not sure tho on how many. But at least I can get out of the hospital before we have to be moved. Once the notice is given to the sheriff, we have 5 days to get out, but during that time a notice of excution to stay can be filed. If you have a disability of any sort, this can work in your favor.
So talk about taking the foreclosure through the full gamet........ will keep you posted...... I refuse to be homeless.....
The Homeless Prevention Rapid Re-housing Program (HPRP) may assist families or individuals retain existing rental housing or, if the families or individuals are homeless, may provide assistance to move into rental housing. To get more information on this program, visit the HUD.gov website.
The qualifying families or individuals are those who would be homeless but for this assistance and earn below 50% of the Area Median Income.
No mortgage assistance is available through this program and services provided may vary by service provider. Arizona Department of Housing does not administer any of the HPRP programs in Maricopa and Pima Counties. To check service providers in your area, click here. Call the Tenant and Landlord Information and Referral Hotline at (602) 263-8856 or (800) 352-3792. Operators can answer basic questions on Arizona’s landlord/tenant law and refer you to other agencies if you need more help, such as help with rent or mortgage payments.
If you rent, the Arizona Residential Landlord & Tenant Act applies to you. This law explains what rights and responsibilities landlords and tenants have. For example, it explains what to do when a tenant needs a landlord to make repairs and what a landlord needs to do to legally evict a tenant.
Tenants and landlords both have responsibilities or obligations under the Arizona Residential Landlord and Tenant Act. Free copies of the Act are available from the Arizona Secretary of State at (602) 542-4086. Requests for alternate formats for this publication may be made five days in advance by contacting the Secretary of State ADA Coordinator at (602) 542-4285.
For assistance with the Landlord and Tenant Act, you may contact:
Community Information and Referral Services, Inc. (602) 263-8856 (Phoenix area) (520) 881-1794 (Tucson) (800) 352-3792 (Northern Arizona) (800) 362-3474 (Southern Arizona)
Assistance in Phoenix If you live in the City of Phoenix and need assistance, please call the Landlord/Tenant message line at (602) 262-7210 and a counselor will return your call as quickly as possible.
For emergency situations involving Landlord/Tenant issues, please walk in to:
City Hall 200 West Washington, 4th Floor 8:00 a.m.-5:00 p.m., Monday-Friday
A counselor will assist you with the problem. The City of Phoenix Counseling Office holds monthly workshops on the third Thursday of each month. For reservations, please call (602) 256-3517.
FORECLOSURE ASSISTANCE
Foreclosure is the legal means your lender has to repossess your home. When this happens, you must move out of your home. In some circumstances, if your property is worth less than the total amount you owe on your mortgage, your lender may be able to seek a deficiency judgment. You may wish to seek the advice of legal counsel about the risk of a deficiency judgment in your situation. Additionally, homeowners facing foreclosure can receive free counseling services;
Arizona Foreclosure Help Line (877) 448-1211
Do not ignore the letters from your lender. If you are having problems making your payments, contact your lender immediately. Explain your situation. Be prepared to provide them with financial information, such as your monthly income and expenses.
Buying or refinancing your home may be one of the most important and complex financial decisions you'll ever make. Many lenders, appraisers, and real estate professionals stand ready to help you get a nice home and a great loan. However, you need to understand the home buying process to be a smart consumer. Every year, misinformed homebuyers, often first-time purchasers or seniors, become victims of predatory lending or loan fraud.
Don't let this happen to you!
11 Tips On Being A Smart Consumer
Before you buy a home, attend a homeownership education course offered by the U.S. Department of Housing and Urban Development (HUD)-approved, non-profit counseling agencies.
Interview several real estate professionals (agents), and ask for and check references before you select one to help you buy or sell a home.
Get information about the prices of other homes in the neighborhood. Don't be fooled into paying too much.
Hire a properly qualified and licensed home inspector to carefully inspect the property before you are obligated to buy. Determine whether you or the seller is going to be responsible for paying for the repairs. If you have to pay for the repairs, determine whether or not you can afford to make them.
Shop for a lender and compare costs. Be suspicious if anyone tries to steer you to just one lender.
Do NOT let anyone persuade you to make a false statement on your loan application, such as overstating your income, the source of your downpayment, failing to disclose the nature and amount of your debts, or even how long you have been employed. When you apply for a mortgage loan, every piece of information that you submit must be accurate and complete. Lying on a mortgage application is fraud and may result in criminal penalties.
Do NOT let anyone convince you to borrow more money than you know you can afford to repay. If you get behind on your payments, you risk losing your house and all of the money you put into your property.
Never sign a blank document or a document containing blanks. If information is inserted by someone else after you have signed, you may still be bound to the terms of the contract. Insert "N/A" (i.e., not applicable) or cross through any blanks.
Read everything carefully and ask questions. Do not sign anything that you don't understand. Before signing, have your contract and loan agreement reviewed by an attorney skilled in real estate law, consult with a trusted real estate professional or ask for help from a housing counselor with a HUD-approved agency. If you cannot afford an attorney, take your documents to the HUD-approved housing counseling agency near you to find out if they will review the documents or can refer you to an attorney who will help you for free or at low cost.
Be suspicious when the cost of a home improvement goes up if you don't accept the contractor's financing.
Be honest about your intention to occupy the house. Stating that you plan to live there when, in fact, you are not (because you intend to rent the house to someone else or fix it up and resell it) violates federal law and is a crime.
What is Predatory Lending?
In communities across America, people are losing their homes and their investments because of predatory lenders, appraisers, mortgage brokers and home improvement contractors who:
Sell properties for much more than they are worth using false appraisals.
Encourage borrowers to lie about their income, expenses, or cash available for downpayments in order to get a loan.
Knowingly lend more money than a borrower can afford to repay.
Charge high interest rates to borrowers based on their race or national origin and not on their credit history.
Charge fees for unnecessary or nonexistent products and services.
Pressure borrowers to accept higher-risk loans such as balloon loans, interest only payments, and steep pre-payment penalties.
Target vulnerable borrowers to cash-out refinances offers when they know borrowers are in need of cash due to medical, unemployment or debt problems.
"Strip" homeowners' equity from their homes by convincing them to refinance again and again when there is no benefit to the borrower.
Use high pressure sales tactics to sell home improvements and then finance them at high interest rates.
What Tactics Do Predators Use?
A lender or investor tells you that they are your only chance of getting a loan or owning a home. You should be able to take your time to shop around and compare prices and houses.
The house you are buying costs a lot more than other homes in the neighborhood, but isn't any bigger or better.
You are asked to sign a sales contract or loan documents that are blank or that contain information which is not true.
You are told that the Federal Housing Administration insurance protects you against property defects or loan fraud - it does not.
The cost or loan terms at closing are not what you agreed to.
You are told that refinancing can solve your credit or money problems.
You are told that you can only get a good deal on a home improvement if you finance it with a particular lender.
Remember:
If a deal to buy, repair or refinance a house sounds too good to be true, it usually is!
Housing counselors working at HUD-approved agencies can help you be a smart consumer. To find a counselor near you, call (800) 569-4287 or go to HUD's housing counselors list online.
Are you having trouble keeping up with your mortgage payments? Have you received a notice from your lender asking you to contact them?
Don't ignore the letters from your lender
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The Denver Department of Human Services Eviction Assistance is available to residents of Denver County only. Applications are taken on a first come, first served basis Monday through Friday, from 9:00... see full post
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WHEN CAN A LANDLORD TERMINATE A TENANCY?A landlord can terminate (end) a month-to-month tenancy simply by giving the tenant 30 or 60 days' advance written notice. (For an expl... see full post
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Don't ignore the letters from your lender
