Is Foreclosure for You?

« Return to Article

Discuss

Member Comments

  • Posted By: wiseone @ 12/06/2007 1:27:17 PM

    why should the goverment pay for your mistakes ,every one knew what are adjustable loans..how come you guys did not go for the 30yr fixed .no now all are crying for help ..as my mother all ways said you made your bed now lie in it ..............dave

  • Posted By: wiseone @ 12/06/2007 1:25:24 PM

    why should the goverment pay for your mistakes ,every one knew what are adjustable loans..how come you guys did not go for the 30yr fixed .no now all are crying for help ..as my mother all ways said you made your bed now lie in it ..............dave

  • Posted By: supaheros @ 12/06/2007 3:49:48 AM

    i am also caught in this mortgage mess. I purchased a 2nd home before selling my 1st home and now my blind and shutter business is failing and I am running out of time. Not to mention I still have 1 year left on a business lease as well. I will not be able to pay my January mortgage payment on my new home purchased a year ago. My 1st home has a renter thank God. I am not sure what to do or how to get out of this. Not sure I will be able to find a job to support by bills and I have nowhere to cut. If anyone can offer some advice on how to approach my lender with this situation. I really want to save my credit and home.

  • Posted By: supaheros @ 12/06/2007 3:43:00 AM

    I am in a worse situation then this person. I own a blind and shutter business in arizona and things have gone from bad to worse. I own 2 homes and have 1 more year on my business lease left. I signed the contract on my new home because the builder would not refund my deposit back of $25,000. My 1st home wouldn't sell because of the market, but we still stayed hopeful. We have a renter in there now, thank God. Now with my business failing, I will not be able to pay my January mortgage payment or my lease payment on by business location. I have even gotten my insurance license to sell medicare supplements to bring in extra money, but thats going slow. My problem is where can I go and make the type of money I was making in my blinds and shutter business. I am seriously thinking of walking away from my new home. I have no idea what my options are or whom to talk to.
    supaheros

  • Posted By: semoresnatch @ 11/28/2007 3:46:52 PM

    While I sympathize with all homeowners in distress of making their mortgage payments, I have to agree with several posters comments. When Arrontheappraiser wrote "Whose fault is this? It is your fault. It is the lender, the realtor, the mortgage broker, and the buyer." I do agree with most of those you blamed at fault, but the Realtor? The Realtor's job is to find you a house that will accommodate your needs. It is up to the lender to decide if you qualify for that house. However, don't forget the "APPRAISER" working for the lender who deliberately upped the value of the property so that the lender could sell you a larger loan!






    the th

    • Posted By: thetiledon @ 12/06/2007 1:10:29 AM

      Noone has ever heard an appaiser ask "how much do you need it to appraise for?" It is only an oppinion of the value but they do have the last word on setting the value. My realtor wnet straight to a short sall on my last house because his appraiser said the value of my home had dropped $50,000. since my purchase 5 months prior. Now my value is now at $248,000. because of this appraiser, while 30 days ago a house right across the street from mine in a circle 400ft smaller with less upgrades sold, dunn, finished for $285,900. not in California but Salt Lake City Utard. Go figure

  • Posted By: mtgmanext @ 12/06/2007 12:36:57 AM

    From my 20 plus years in the mortgage business, a deed in lieu of foreclosure is generally viewed as a foreclosure, no matter how you slice it. That is unfortunate, but that is the case from a mortgage lender's perspective. The "computers" that read the credit profile and see the word foreclosure, or the mention of the word do not, to my knowledge, have the ability to differentiate. What Mrs. O'Meally might consider first find out what her credit profile looks like (annualcreditreport.com) and see how Chase is reporting her mortgage history. Explain to Chase that they certainly do not want the home back (value $50k less). She might want to see if depending on her age, (not mentioned) she might qualify in Florida for some sort of an exemption on her property tax bill. In Alabama for example, if you are over the age of 65, your property tax bill is reduced. Good Luck and not all mortgage companies are ruthless. Do your homework, shop the rate, ask for a GFE and call the BBB.

  • Posted By: kickbooti @ 12/05/2007 9:24:05 PM

    In my experience I have seen mortage companies as ruthless crooks that will try and minipulate things and try and take advantage of people. They are sneaky sniveling crooks. Someone should have some type of oversight into what they are up to. I am not for always having Government medling into our lives but these mortgage companies are acting like mafia loan sharks. What do they want? A lung or a kidney?

  • Posted By: mustang99 @ 11/28/2007 5:10:36 AM

    i call countrywide and they told me and my wife that they could not do anything. We are talking about a payment that has never been late. The payment started out at $1300 and is now over $2200. oh and after the conversation with a Countrywide loan Rep he said that if we find another company to refinance the would match the other company offer. Never will we do bussines with them again.

    • Posted By: tpartrg310 @ 12/05/2007 7:52:46 PM

      Countrywide is a ruthless, non caring org. Thet just want their MONEY! If countrywide is hounding you give em the keys back see if they have any luck recouping their "investment" MAKE them go broke they are the worst in the industry! I wish them nothing but bad luck. I gave them my home back after they were unable it adjust, the home is still theit, vacant and rotting away after 14 months. Take lower payments or sit on it for a few years either way they will loose that is what I told them and that is what will happen.

  • Posted By: semoresnatch @ 12/05/2007 7:18:56 PM

    For our "narrow minded" friend here who doesn't have a clue what an appraiser does. I suggest you Google it and find what I just did. Another thing, a buyer can offer a seller a million dollars for a home that would normally sell for $500,000, but an appraiser would evaluate the house with comparables in the area and come up with a suggested evaluation to the lender. The only way the seller will buy that same property is if that buyer puts down $500,000 from his own pocket, and then gets the lender to loan the rest... If you like, read below from Google...
    A component of virtually every mortgage process is the appraisal--an estimate of the value of the home you are purchasing. In most types of mortgages,some sort of an appraisal is required--you simply cannot secure a loan without it.

    What An Appraisal Entails

    An appraisal is, simply, an "opinion of value" by a professional appraiser who visits the home and inspects the size, condition, quality and function of the home. The appraiser will generate a detailed report and will generally use comparisons to the sale prices of similar homes in the area to determine a value of the home that is being appraised--known as the "subject property. Comparisons can be made to square footage, appearance, amenities and overall condition.

    An individual home's value can be adjusted up or down in relation to what properties are actually selling for in the neighborhood. For example, a home with 4 bedrooms will generally carry a higher value than a home--in the same area and in roughly the same condition--with only 3 bedrooms. A home that needs exterior painting will carry a lower value than a similar home that has been recently painted.

    Why An Appraisal?

    A professional appraisal protects both the lender--so they don't lend too more than a property is worth--as well as they buyer--so they don't PAY too much. If a buyer gets into the heat of the moment and offers a silly (too high) price on a home, the appraisal will often flush it out.

    Who Does the Appraisal?

    The appraisal will be done by a professional appraiser--in virtually all cases one selected by the lender. Unlike a whole-house inspection, where the buyer should accompany the inspector, buyers rarely are present when an appraisal is done. In most cases, the buyer does not even know the appraisal has been done until after it is completed and is in the lender's hands.

  • Posted By: msoliman@borrowerhotline.com @ 11/28/2007 5:36:45 AM

    Countrywide does have problems and I am in particular no fan of the organization. Borrowerhotline.com is a great source for getting the word out where you fall victim to a lender. I am the editor and can offer you this advice. Look at the cancelled check and date posted. Also refer to anything to evidence the postmark. Countrywide is not on the top of my "best" lender list. But to hang them out to dry on this...And, don???t forget, this is a very volatile, busy and stressed filled climate for any lender and maybe this matter just has not gained the right persons attention.......yet. Thanks Newsweek, from msoliman@borrowerhotline.com

    • Posted By: tpartrg310 @ 12/05/2007 7:08:26 PM

      I gave my countrywide home back to them! I lived in flint michigan and my loan was sold several times before ending up at countrywide. Their "Credit Councleors" told me to stop paying my credit card bills and pay them my mortgage payments instead. What a sucker I was, they have no credit counsleors they have BILL COLLECTORS! they were unwilling to work with us so I took it in the shorts and moved out, house is still vacant over 14 minth later. I told them it would be that way and the payments just kept rising.

  • Posted By: tdsmithy @ 12/05/2007 4:58:39 PM

    "Appraisers" do not determine the current market prices the buyers do based on what they are willing to pay in an open and competitive market tor a property. To blame "Appraisers" for deliberately inflating value to sell larger loans is just stupid. The appraisers' job is to determine value for a property as of the effective date of the appraisal. It is not thier job to look into the future to see if the housing market will fall apart years later.

  • Posted By: teemail @ 12/03/2007 1:14:57 PM

    reply to Mitzi04@yahoo.com An attorney who represented me long ago in default negotiations with a lender under similar circumstances ( but for a great deal more money) advised me to sign nothing further; that further concessions on my part could only result in less chance of a resolution I could live with. You have threatened bankruptcy ... keep threatening it . Federal court is the very last place creditors with ever devaluating assets for collateral want to be.

  • Posted By: susetteu @ 11/27/2007 11:43:50 PM

    Instead of focusing on blame, lets focus on solutions to the immediate problem of people being dangerously close to losing their homes. As a Realtor, I can tell you that the last thing most lenders want to do is foreclose on a home. It is not a good business or financial decision for them. It costs them time, trouble, and money and is not cost effective. Many lenders now are seeing the light and are more than willing to look at restructuring a loan, often at a lower rate and with the added benefit of forgiving late fees, escrow advances, etc. While some lenders or loan servicers still have their heads in the sand and refuse to to see the writing on the wall, others are taking a proactive approach. Smart lenders are actually contacting homeowners that are on shakey grounds and offering them a restucturing package. Unfortunately, most homeowners are not aware that this is often an option and don't bother to try to negotiate with the lender or servicer. The trick to making this work is in getting to a person within the loan company who has the power to make these decisions. One may have to be persitent in working their way up the decision ladder. People who are in trouble need to know this and not just give up hope. As we see more of this, I believe that more lenders will realize that this is by far a smarter solution and will get more of these restructuring programs in place. Sometimes it takes longer for the decision makers in the ivory towers to get out of "denial", realize what is really going on in this country and come up with win-win solutions, but more and more are coming to this realization every day.

    • Posted By: SoCal Homeowner @ 11/28/2007 1:53:38 PM

      what about loans that are now being handled by sericers due to orig lender failing and ono longer in business .....loan notes are unchangable .....i too get calls from someone different everytime and have to explain the reasons why late ...i always ask them to read the last entry on theire system ...
      I plan on walking away

    • Posted By: SoCal Homeowner @ 11/28/2007 1:49:07 PM

      what about trying to discuss loan(s) which are now being handled by servicing companies - orig lender was New Century...they seem to be unable to work the Notes for better or lower payments

    • Posted By: wllccaf @ 11/28/2007 12:01:45 AM

      I have to agree with you. We have tried over and over again to work with the mortgage co. but every time we call we talk to someone new and have to explain our situation over and over again. most times customer service is out of the country and we cant understand what they are saying, nor do they care to help us because they are talking off script. the unfortunate thing is that by the time you realize you are in trouble, your credit is already shot and you have no hope of negotiations or refinancing.

  • Posted By: lesinc @ 11/28/2007 11:51:48 AM

    It sound like she's just starting the default process. If her credit is still above 500fico score there are FHA Government loans she can qualify for with CO-signers. (etc.) If not , there are at least 5 months left before the property is sold at auction. I'd say get a renter in there month-to-month, pocket the money, and move on.

  • Posted By: lesinc @ 11/28/2007 11:47:28 AM

    Its sounds like she's just starting the default process. If her credit is above 500 fico score there are still FHA Government loans she can qualify for with CO-signers(etc.). I would say check on that A.S.A.P.If thats not an option, there's still at least 5 months left before the property is sold at auction. I would say get renter in there month to month, pocket the money, and move on.

  • Posted By: Don Camillo @ 11/28/2007 8:21:53 AM

    I agree it is too easy to walk away from your obligations and the consequences are of doing seem to be fairly manageable. I grew up in a country where as an indivudual you cannot declare bankruptcy.

    You are completely liable for your actions anf if you cannot follow-through on your financial commitments your creditors will go after your family. The collateral for a loan on a property is not only the property but also all your income beyond a certain minimum. Similarly, if there is an issue with the property or its title the seller is liable. And since you cannot walk away form your liability there is of course no need for title insurance, home inspection etc. and the closing cost for a property are a few hundred $s in notary fees.

    You see the value an effective legal framework can provide to a transaction!

  • Posted By: inostranka @ 11/28/2007 2:26:01 AM

    America is such a country where people become depended, debts, loans, student loans, credits, then depression, and the saddest thing is, noone in this world cares if you'll lose your relative or home. If we can't go back then we just have to get through and learn from it and teach our kids not to have credit cards and not to repeat our mistakes. Work - spend, no cash - no spending. Right now everybody just needs to be strong spiritually. You are not able to save your house, at least save your NURVES(health)! We are losing our house too, but we don't care anymore, we will move to the appartment, but to get another job, and more more jobs, and work just for one house payment, what's the point to live when you don't even see your family. Enjoy your life as you can, pray, and things will miracly change, we need a strong FAITH in GOD! Good luck to everyone in finding rent and once again, save your nurves!

  • Posted By: jk63 @ 11/28/2007 2:18:55 AM

    Hundreds of thousands for 2 bedroom houses and bungalows? Makes me glad that I live In upstate NY where the weather is cold but you can buy a 4 bedroom cape cod in great condition for $73,000 and you can actually LIVE off the money you earn.

  • Posted By: Cfields @ 11/27/2007 8:01:41 PM

    Ummmm... cbloom57, your arrogance is totally unneeded on this blog. Who cares that you have an MBA. That fact offers no help to those in this unfortunate situation. I hope that in the future you will use better diplomacy (obviously not gained through your studies acquiring your MBA) and much more sensitivity. I guess your mother never taught you that old saying "If you do not have anything nice or positive to say, then do not say anything at all". Besides, it is obvious by your remarks that you are weak in other areas, otherwise you would not need to knock others down to make yourself seem intelligent and informed. I hope you have a beautiful day as you bask in the only accomplishment of obtaining your MBA. But, I digress?????????..
    I send blessing to all of you currently facing stressful times due to the housing market .

    • Posted By: flounderhead59 @ 11/28/2007 1:45:27 AM

      Ummm...Cfields, Sorry to say but I agree with cbloom57. And no, I don't have an MBA. I do have common sense and want everything explained to me that I don't have figuered out myself. As far as reminding cbloom57 about minding ones words, remember about glass houses and people that throw stones.

  • Posted By: mike5000 @ 11/21/2007 7:37:14 AM

    My sugestion, Bankrupcy. with little savings and most likely some credit card debt
    the best thing to do is file. First of all if you do a deed in liu or forclose you get a definicy judgement and owe
    the diffrence from what they sell the house for and you owe as income and must pay income tax
    Bankrupcy wipes that all out and any credit card dept you have as well. In addtion you then can rent for most liklely half of what she spends now and people are desperate to rent. Bankrupcy may stay on your credit for 10 years but after 3 or so and a nice down payment that you saved you can buy something even nicer then what you have for alot less so the $40,000 is really a wash.Plus you get to live for free for 7 or 8 months while the baqnkrupcy slowes the forecloser. Dont waste time going to a credit counsler all they want you to do is pay bills that you really do not need to. As far as credit it is ruined in forecloser anyway
    Bankrupcy is being smart

    • Posted By: cmsmail @ 11/21/2007 7:55:21 AM

      I agree with Mike. If you do a Chapter 13 you may even be able to save your condo. See an attorney and stop making mortgage paymenys now. Pocket the 6 or 7 months of mortgage payments you will skip. The up front attorney's fee will be less than one mortgage payment. You will then be allowed to make up the arrears over 5 years through the trustee. It will be tough but you can do it. If you decide to walk away sill stop making payments and stay until the Sherrif arrives. Declare chapter 7 after you recieve notice from the bank of your outstanding debt. This can all be discharged except for the income tax. You can probably settle with the IRS with the help of a REPUTABLE tax lawer.

      • Posted By: mike5000 @ 11/21/2007 8:08:20 PM

        if you live in certain states like florida Homestead protects your home from crediters even chapter 7
        in order to do chapter 7 you need to qualify for the means test of income otherwise you qualify for chapter 13. Taxes can be discharged as well as long as all tax returns have been completed and filed
        You get ot keep your 401k and IRA. By the way if the debt is in only husbands name the wife can keep all items that are not joint. so if both work you can keep that money

        • Posted By: budda8484 @ 11/27/2007 8:03:12 PM

          nheilman must be a banker or broker -- what a compassionate individual.
          My father-in-law passed away with no insurance or savings and my new wife and I were left to help her mother deal with the mortgages and investment properties. After 8 months of dealing with mortgage companies and creditors, I find it hard to believe they care about anything but the bottom line or helping their customers in any way. Ironically, some of the mortgatge co. are declaring bankruptcy as well. Forclosure and bankruptcy are always a legitimate financial option. Any moron that criticizes you for taking care of yourself and your family by declaring chap 13 to minimize the damage is dellusional. Airlines, farmers, etc (and now the mortgage industry) will all have been bailed out by the governement in lieu of bankruptcy. The laws are there for a reason and no one should feel the least bit guilty for using them to your advantage. Good for you.

          • Posted By: juliaheart @ 11/28/2007 12:56:21 AM

            NEVER buy in California! Rent! My husband and I (and our two kids) abandoned our 2 bedroom BUNGALOW in San Diego when the APR and "interest only" adjusted from $2,300/month to over $7,000/month nearly overnight! We're all living with HIS PARENTS now. It sucks. Between the two of us, we bring home over $100,000/year. But the housing marked in CA is unrealistic. STAY AWAY FROM CALIFORNIA until at least 2009 when "THEY SAY" housing prices will drop to "realistic levels". Good luck all. -Julia

Reply

Report Abuse

Enter comments if any for reporting abuse