Understanding the Foreclosure Process

Millions of Americans who are struggling to save their homes from foreclosure are trapped in a minefield of disappointment and misinformation and the banks, lenders, and servicing companies are all to blame.

Instead of trying to help the homeowner they actually make it more difficult and I know this to be true from firsthand experience. I sometimes pretend to be the homeowner calling the bank for general information on what to do next (and yes this is with my clients consent) and their form of communication is to scare you into submission.

We have seen the fourth revision of the current program and this is the third program the government has put out to help homeowners avoid foreclosure. Homeowners, housing counselors, consumer advocates and attorneys working with borrowers report that the latest effort is falling far short of its original goal.

In some cases, lenders are moving to foreclose even after homeowners get approved for loan modifications. I know this be fact and the reason is simple, but also avoidable. While the loan is being reviewed the collection process continues. The loss mitigation department will tell you that while in review the auction date will be postponed, but not delayed so if you don’t stay on top of your case you will become one of those unfortunate statistics. Click on this link to read our previous post and a great 60 page article titled “Why do lenders foreclose when then can modify”.

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Foreclosures and Home Sales Up and Down

In December of 2009 we had the most significant drop in home sales in more than 40 years, but to end 2009 we had the first annual gain in four years. The reducing in the median home value of about $175 had a lot to do with it and the primary culprit to that end was the foreclosure market.

If not for the REO’s and Short Sales this past year, home sales could have been drastically reduced and the economy would have suffered even more than it has. Total sales for 2009 were almost 5.2 million, which was up from 2008 by about 5%.

In March the Federal Reserve is expected to end its program of buying mortgage securities and the extended homebuyer tax credit is expected to end in April. These two factors could have a significant effect on the housing market and could weaken it even further, but stay tuned to our post because I believe the government will extend one or two of these programs.

Unfortunately foreclosure will continue to rise and homeowners need to know their options – Homeowners need to have a place to turn and they need to know that there are options to foreclosure. National Foreclosure Prevention Service offers free confidential consultations; even if we are unable to help at least we can give honest advice to the homeowner about the different options available to them.

It is also clear that the number of people being helped in this recessionary time have been those who are able to take advantage of the many government programs. The tax credit that was sent to expire in November was extended by Congress to allow up to $8,000 for first-time homeowners and a new $6,500 credit for existing homeowners who move.

It remains unknown what will happen when these government programs come to an end before the economy can start to show significant sustainable grown on its own because as most analyst will agree, a healthy real estate market is needed to help the economy continue recovering from recession.

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TARP Program Under Presure

The Government’s Attempt To Lean On Mortgage Companies

The $50 billion plan got off to a slow start, but government officials say that in hopes of trying to convert more troubled home loans to lower monthly payments, they are pressing the industry hard to improve their performance. One of those ways is not to pay the bank until a permanent modification is in place as opposed to the trial started. Still, many housing advocates have been disappointed with the plan’s progress and say that getting a loan modification is still a battle.

There are some that are saying it is more cost effective for the lender to foreclose on the property rather than offering a loan modification. The National Consumer Law Center put together a great article on that very subject.

CLICK ON THE LINK BELOW “TO FORECLOSE OR TO MODIFY” AND DOWNLOAD YOUR FREE COPY OF THIS 60 PAGE REPORT

To Foreclose or to Modify

Why Servicers Foreclose When They Should Modify

Economists doubt the Obama administration will reach its broad goal of helping 3 to 4 million borrowers within three years and I can agree with that statement because of the shear scope of the problem.

There are not enough qualified loss mitigation negotiators in place at the banks to handle this problem and I’m sure there is an internal shuffle of staff to address the issue. Traditionally mortgage servicers were low-cost operations, with workers in collections departments trying to collect payments from tardy borrowers.

Those workers, and thousands of new ones, are now engaged in a far different job – figuring out whether thousands of borrowers qualify for help or not and while the banks are trying to get to as many cases as possible the collections department is also in full swing calling H/O’s and pressuring them to make a payment “or else”.

We will discuss the different collection tactics lenders use with what to say to them and how to overcome their questions in another article.

For the most part banks have been slow to adapt to an unfamiliar climate of sinking home prices and soaring unemployment resulting in people not being able to pay their mortgage on time and people not refinancing to a lower interest rate to pay down other debt.

Even as foreclosures and delinquencies were soaring, everybody underestimated how ugly the housing picture was and how bad it was going to get. And with rising foreclosures and depress home prices there is still a threat to the sustainability of the fledgling economic recovery.

A recent report from the Mortgage Bankers Association found that 14 percent of homeowners with mortgages were either behind on payments or in foreclosure and as long as unemployment continues to rise more and more families will be threatened.

The Congressional Oversight Panel, a committee that monitors spending under Treasury’s bailout program, concluded in a report last month that foreclosures are now threatening families who took out conventional, fixed-rate mortgages and put down payments of 10 to 20 percent on homes that would have been within their means in a normal market.

Treasury’s program, known as the Home Affordable Modification Program, “is targeted at the housing crisis as it existed six months ago, rather than as it exists right now,” the report said.

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At National Foreclosure Prevention Services we are dedicated to keeping our clients from becoming another statistic through education and guidance.

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The “Original Note”

I was attending a real estate seminar several months ago and I had a chance to introduce myself, explain why I was attending and what I was hoping to accomplish from the seminar. When we broke for lunch I was approached by a gentleman who proceeded to tell me that I should ask the lender to produce the original mortgage note and if they could not then they were unable to foreclose on the property.

National Foreclosure Prevention Service does engage a number of attorneys to help facilitate the loss mitigation process, but we are also mindful of the cost involved in mitigating a loan modification. We realize that our clients are in financial distress and we would like to keep the cost of our services reasonable-having to litigate with a bank to produce the note could be both costly and time consuming.

That is not to say we don’t ask the question, but we would much rather attempt a working relationship with the lender and request a true loan modification that would be amicable to my client and the lender. That being said – most of the notes we have requested have been produced and the rest have either caused delays in our request for a modification or our request was approved before we needed to see the original note (my client makes that final decision).

When we get a new client we always offer a free consultation and we ask the homeowner to discuss their options with their significant other before making a decision. We also encourage them to speak to other companies or organizations to get a feel for the conversation and a feel for the answers to their questions.

National Foreclosure Prevention Service offers a free initial consultation to all homeowners looking for options to foreclosure.

Most if not all of our business is referred to us through our network of mortgage brokers, real estate agents, investors and attorneys so we don’t have that issue-but we still do the free consultation and we still ask them to think about what they want to do and then call us if they want to move forward.

For more information click here on Produce the Note.

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Foreclosures Spike Again In February

In February, nearly 250,000 homeowners received either mortgage modifications or repayment plans from their lenders, according to Hope Now, the coalition of lenders, investors, and community advocacy groups put together by the Obama administration’s foreclosure prevention initiative.

National Foreclosure Prevention Services can negotiate all of your Short Sale and Loss Mitigation cases for you. We offer you a professional environment with real time follow up allowing you lender and case file updates.

Foreclosures Up

Foreclosure filings are up 30 percent from a year ago.  The states with the highest foreclosure rates so far are Ohio, Oregon, Georgia, Illinois, Michigan, Idaho, Florida, California, Arizona, and Nevada (There are 1 in every 70 homes facing foreclosure in Nevada).

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