Stopping Foreclosure: What the “Produce the Note” Defense Is & How It Can Help You Save Your Home from Foreclosure (Or at Least Stall)

Many homeowners don’t know it but by the time they get back to their cars after they close on their home, their home loan has been sold to another lender. It’s a very common practice. And this is the foundation of what has become known as the Produce the Note defense for homeowners facing foreclosure.

 

Stopping Foreclosure: What is the Produce the Note Defense?

 

Because home loans are sold so often, when a lender goes to foreclose on a home, many can’t find the original promissory note signed by the homeowners at closing.

 

This original promissory note is the proof that: (i) the homeowner signed the home loan (hence agreed to repay it); and (ii) that the lender is indeed the rightful owner of the property in question.

 

Get an overview of the Produce the Note Defense in the CNN video below.

 

 

Mortgage Foreclosure Law: What Legal Experts Say about the Produce the Note Defense

 

Some foreclosure lawyers have used the Produce the Note defense to delay foreclosures for years. But, they warn, this strategy for stopping foreclosure is only a temporary, stop-gap measure.

 

Just in case you’re wondering, judges around the country are accepting the Produce the Note defense. Following are some links to some cases.

 

New York Times: Foreclosures Hit a Snag for Lenders

 

Judge Christopher A. Boyko of Federal District Court in Cleveland dismissed 14 foreclosure cases brought on behalf of mortgage investors, ruling that they had failed to prove that they owned the properties they were trying to seize.

 

Tampa Bay Business Journal: State Supreme Court Seeks to Relieve Foreclosure Pressure Valve

 

The Florida Supreme Court has amended procedures for filing foreclosure complaints involving residential property, requiring lenders and lawyers to verify ownership of the note and providing sanctions for false allegations in foreclosure complaints.

 

What Happens If You Win the Produce the Note Defense

 

If you win your case using this defense, the lender won’t be able to proceed with foreclosure unless and/or until they indeed produce the original promissory note. And, this is why it can take years – especially if your home loan was sold multiple times since you’ve owned your home.

 

As stated above, this is very common – particularly during the last housing boom when a lot of home loans were packaged with other financial products and sold as securities to firms all over the world. Who knows where the original promissory note is.

 

What Happens If You Lose the Produce the Note Defense

 

If you lose your case using this defense, you will have gotten some extra time in your home – time that could have been used to come up with extra money to perhaps save the home or negotiate with the lender for more affordable payments.

 

This is why it’s important to know that this is only a temporary measure. Take advantage of the time you have to try to save your home.

 

Stopping Foreclosure:  The Steps of the Produce the Note Defense

 

Step 1: File a Request. When you receive the foreclosure notice from your lender, immediately file a request with the court asking the lender to produce the original promissory note.

 

Step 2:  File a Motion. If the lender hasn’t responded to your request within 30 days, then file a motion to compel them to produce the note. What this is is a request for the judge to order the lender to produce the note.

 

Step 3: Go to Hearing. After the requests and motions have been filed, usually you’ll receive notice to appear at a hearing. At this hearing the judge will render his decision as to whether you’ve won or loss, so you’ll proceed accordingly.

 

Foreclosure Scams Involving the Produce the Note Defense

 

All that’s needed to use this defense is the filing of a few forms. Hence, some online outlets have popped up that offer them for a fee. You don’t have to pay a fee to file the Produce the Note defense.

 

You can get the Produce the Note forms free at the Consumer Warning Network.

P.S.: Start a Business Cleaning Foreclosed Properties. Learn how to start a foreclosure clean up business. Read how one foreclosure cleaning business owner rakes in $40,000/wk (not a typo).

 

foreclosure

P.P.S.: Like this post? Follow Foreclosure Business News on Twitter.

Copyright © 2010 Yuwanda Black for Foreclosure Business News. Article may not be reprinted or reproduced in any manner without the express, written consent of the author.

Foreclosure Cleaning Job Lead: Investor Needs Foreclosure Cleanup Company for 4 Properties

FYI, we have started a foreclosure cleanup outsource program whereby we pass leads on to foreclosure cleanup businesses. It’s informal right now — we are still working out the kinks, so please be patient. Following is one we received recently. It’s time sensitive, so please apply right away if you’re interested.

An investor needs a company in the Atlanta area to clean and paint (interior; white paint) four homes… seeking bids.

If interested, please simply send us the email you’d like us to forward on to the investor. He’s back and forth from another state, currently only has one bid in the Atlanta, Georgia area, and is ready to get rolling with this project. Please be licensed and insured (only licensed and insured companies’ info will be forwarded). Here’s what the investor client needs: “Four Homes: Clean up (dust, mop, vacuum, etc., and wipe the blinds, etc.) and paint each room a basic white.”

Please word your emails as if you’re sending them directly to this possible client (with your full contact info), and we will forward them on to him…

Please do NOT follow up with us about this work or query us about what the client needs as we are simply acting as an intermediary.

We will forward your info to the potential client. If the client is interested in working with your company, he will contact you; not us. (We will get bombarded with questions otherwise, so please forgive the stern tone of this post … :)

Again, you must be licensed and insured (our rules because it protects and validates you as a business owner). Please attach a copy of business license and insurance to your. PDFs are fine; first page of your insurance policy is fine.

Deadline: The deadline for receiving emails on this job is Wednesday, May 5, 2010, 9:00 PM EST. Your email’s SUBJECT LINE should read: Atlanta Job.

Questions About Foreclosure Cleanup Insurance

Questions about insurance is probably the leading question we receive. If you don’t have it and/or are wondering about what kind to get, here’s some in-depth info on foreclosure cleanup business insurance.

fcinsfull

 Copyright © 2010 Yuwanda Black for Foreclosure Business News. Article may not be reprinted or reproduced in any manner without the express, written consent of the author.

Florida Foreclosure Law: How to Get Your Home Back Even After It’s Sold at Auction

Stopping foreclosure is no easy process – no matter where you live. But, there are options – even if it’s been sold at auction. These laws are known as right of redemption laws. Not all states have them and of those that do, they are applied differently.

Following is an in-depth overview of Florida’s right of redemption laws and how they can help you prevent foreclosure and/or get your home back even if it’s been sold.

Before we get into the particulars of this Florida’s foreclosure law, let’s first cover the right of redemption law from a general standpoint.

Mortgage Foreclosure Law: What is a Right of Redemption?

When a home is foreclosed on by a lender, there’s a window of time a homeowner has to purchase the home back. This window of time is called the “right of redemption.” And, a property owner can exercise this right – even if the property has already been sold at auction, for example.

But, that’s about the only similarity these laws have in common. Where they differ from state to state (in jurisdictions that have right of redemption laws) is in how long the right of redemption period is and a host of other factors.

Now that you know what right of redemption laws are, let’s discuss Florida’s right of redemption law so you can gain a better understanding about how you may be able to prevent foreclosure and/or get your home back even if it’s been sold.

florida-foreclosure-law

Florida Foreclosure Law: The Foreclosure Process

To understand how you may be able to get your home back using right of redemption laws in Florida, the first thing you must understand is how the foreclosure process works in Florida.

There are basically two types of foreclosure in the U.S. – Judicial Foreclosure and Non-Judicial Foreclosure. Following is an explanation of the two.

Stop Foreclosure Advice: The Difference between a Judicial and a Non-Judicial Foreclosure

When you take get a home loan, you, of course, sign papers promising to repay the loan. Depending on which state you reside in, these papers are called either a “deed of trust (aka trustee’s deed)” or a “mortgage.” While most of us refer them as “mortgage papers”, there is a difference legally that affects the home foreclosure process.

What’s this difference?

A mortgage involves two parties – the borrower and the lender. If you live in a mortgage state, if you don’t pay your mortgage, your lender has the legal right to foreclose on the property and sell it to recoup what is owed on it. In order to do this, however, the lender must go to court. This is what’s known as a judicial foreclosure (because it involves the judicial system).

A deed of trust, on the other hand, involves three parties. In you live in a deed of trust state, the lender does not have to go to court to start the foreclosure process. And, that’s what makes it a non-judicial foreclosure.

Lenders like non-judicial foreclosures for the obvious reasons – the process tends to be quicker and easier, not to mention less expensive.

How Do Right of Redemption Laws in Florida Help Homeowners Stop Foreclosure

In Florida, the right of redemption law is a little less forthright compared to other states. For example, there’s usually a defined window of time in which a homeowner can buy their home back after it’s sold. This time period in the vast majority of states is in the 6-12 month range.

In Florida though, you may have as little as a day because after the Certificate of Sale for a property is issued, there is no more right of redemption. In short, Florida’s foreclosure law as it relates to right of redemption is this: The homeowner can buy his/her property back any time before the day of the sale.

HOWEVER, a caveat that gives a homeowner a “right of redemption” period is this . . . a court is allowed to “review the sale” to ensure that a fair price was paid for the property.” There is no definitive set time period written into law, but it usually takes about 10 days according to real estate experts.

Somewhat ironically, this is about the amount of time it takes for a certificate of sale to be filed and for a title clearance to take place.

In simple terms, what this means is that you really don’t have a right of redemption in Florida unless you can prove that something went wrong or was shady with the foreclosure process itself.

Deficiency Judgments in Florida: Can a Lender Sue You If Your Home Sells for Less Than Is Owed?

Yes, a lender can come after you for the balance if your home sells for less than is owed on the mortgage. However, there are several ways around this. For example, if you do a short sale with no recourse (this italicized part is very important). What this means is that the lender has agreed NOT to come after you for the balance. Nowadays, this is very common by the way.

Stop Foreclosure in Florida: What Do I Need to Do to Get My Home Back Using the Right of Redemption?

If you want to exercise your right of redemption in Florida to get your home back, you must pay off all that is owed in full up to and including – balance due on home loan, all penalties, all arrears, property taxes, attorney fees, HOA fees, property insurance and any other fees incurred by the lender.

How Long Does the Home Foreclosure Process Take in Florida?

According to experts, it can take anywhere from five to more than six months. It may be longer in today’s foreclosure-ridden market though. And if you contest the process (especially by declaring bankruptcy to avoid foreclosure), it can take even longer than that.

Get a state by state breakdown of how long the foreclosure process takes.

Read More in the Foreclosure Business News Series on Right of Redemption Laws

Here are 7 things you should know about right of redemption laws.

Alabama Foreclosure Law: The Right of Redemption

California Foreclosure Law: The Right of Redemption

foreclosure

Foreclosure Cleaning: An Evergreen Small Business Opportunity

Many savvy entrepreneurs are capitalizing on the home foreclosure crisis in Florida by starting foreclosure clean up businesses.

And no wonder, it’s the type of real-estate services business that thrives no matter what the real estate market is doing. Why? Because as long as real estate is bought and sold, it will need to be cleaned and maintained (eg, grass cut, locks changed, windows boarded up, etc.).

P.S.: Like this post? Follow Foreclosure Business News on Twitter.

Copyright © 2010 Yuwanda Black for Foreclosure Business News. Article may not be reprinted or reproduced in any manner without the express, written consent of the author.

Want to Buy Foreclosed Homes or Clean Foreclosed Properties? Contact a Certified Foreclosure Real Estate Agent: Here’s How & Why

One of the professional niches hit hardest by the foreclosure crisis that began in the fall of 2007 was real estate agents. It remains so to this day. Many realtors left the game altogether – moving on to other types of work to feed their families and hang on to their homes.

But, some saw opportunity and retooled their skill sets – becoming Certified Foreclosure Real Estate Agents. If you’re looking to capitalize on the foreclosure crisis, you definitely want to make contact with one of these agents.

certified-foreclosure-real-estate-agent

Why Certified Foreclosure Real Estate Agents Make Good Contacts for Those Looking to Buy, Sell or Clean Foreclosed Properties

They Get the Leads: Many of the homes foreclosed on during the mortgage crisis were FHA-insured homes. When these homes are foreclosed on, they fall into HUD hands; ie, the title of the property is transferred to HUD.

So in essence, HUD Certified Realtors are some of the first ones to get leads on foreclosed properties in a community.

They Handle a Property Until It’s Sold: When a property falls into the hands of HUD, they are then responsible for getting it ready to go back on the market to be resold (having the lawn maintained, fixing broken windows, getting trash and debris removed, etc.).

HUD uses local Certified Foreclosure Real Estate Agents – who in turn act as intermediaries between HUD, the bank and the property maintenance and like companies (eg, foreclosure cleaning businesses) – to whip a property into shape to be resold, rented or leased.

How to Become a Certified Foreclosure Real Estate Agent: Watch Out for Scam Programs

Since the foreclosure crisis started, a lot of entities have popped up offering courses and training in how to become a REO (real estate owned) agent, ie, a foreclosure agent.

HOWEVER, you should know that only the National Association of Realtors (NAR) offers an official, industry-accepted foreclosure certification course. NAR’s Short Sales and Foreclosure Certification Program (SFR) is currently the only recognized certified foreclosure agent program.

How to Find a Certified Foreclosure Real Estate Agent

If you want to buy foreclosed properties and/or get leads on foreclosed properties, one of the easiest ways to do it is to network with a foreclosure realtor. To find one, look for real estate brokers (who hold the licenses of real estate agents) that are registered with HUD. They’re the ones most likely to employ Certified Foreclosure Real Estate Agents.

Here’s a quick, easy way to find HUD agents.

More Ways to Get Foreclosure Cleaning Job Leads

Register Your Foreclosure Cleaning Business with HUD & Other Government Contracting Agencies

Also . . .

Get Foreclosure Cleaning Jobs from Your Local Housing Authority

The Little Book of BPO Companies: Contacts & Direct Links to Vendor Signup Forms; and

Marketing Guide Specifically for Foreclosure Cleaning Business Owners.

P.P.S.: Like this post? Follow Foreclosure Business News on Twitter.

Copyright © 2010 Yuwanda Black for Foreclosure Business News. Article may not be reprinted or reproduced in any manner without the express, written consent of the author.

Stop Foreclosure: 1 Really Easy Thing You Can Do to Buy More Time to Save Your Home

Nowadays, if you’re a homeowner facing foreclosure, you’re in luck because there are more options available to you than ever. Following is one really easy route you can take to buy more time to save your home.

Prevent Foreclosure by Requesting a Forbearance Agreement from Your Lender

This is easier than you think — especially in today’s housing market. Why?

It’s really quite simple. Banks are in the business of lending money, not buying and selling homes (ie, the real estate market). But, this is exactly the business many find themselves in these days because so many homeowners are facing foreclosure.

mortgage-forbearance-agreement

The Latest Home Foreclosure Statistics

According to the Reuters article, UPDATE 4-One in 7 U.S. mortgages foreclosing or delinquent:

A record one in seven U.S. mortgages were in foreclosure or at least one payment past due in the third quarter, according to fresh data signaling the recovery in the housing market will be tepid at best.

RealtyTrac® (http://www.realtytrac.com), the leading online marketplace for foreclosure properties, put some real numbers behind these findings to bring it into clearer focus. It’s U.S. Foreclosure Market Report™ for Q3 2009, showed the following:

. . . foreclosure filings — default notices, scheduled auctions and bank repossessions — were reported on 937,840 properties in the third quarter, a 5 percent increase from the previous quarter and an increase of nearly 23 percent from Q3 2008.

So, now do you see why banks are so willing to work with you to stop foreclosure. Your lender doesn’t want your home. They want you to stay there and continue making payments — even at a reduced amount like in a forbearance. Because, ifyou don’t, they lose money.

Now that you know why banks are so willing to give you a forbearance nowadays, let’s look at some specifics of this easy way to prevent foreclosure and buy you more time to get your finances in order so you can stay in your home.

Stop Foreclosure: Particulars of a Forbearance Agreement

Type of Homeowner It’s Suited To: This agreement is particulary helpful for homeonwers who have temporary financial setbacks, eg, the sudden loss of a job.

What a Forbearance Agreement Does: The lender agrees to reduce your montly mortgage payment for a defined period of time. This timeframe is usually around six months, but it is not uncommon for them to be longer in today’s economic climate.

What Happens After the Forbearance Period Ends: Once the forbearance time period expires, a repayment plan kicks in. When you first make the agreement, you promise to make your regular monthly mortgage payment, plus an additional amount that covers all reduced payments that were made during the forbearance period. This repayment plan usually lasts for about a year.

This is a win-win for all because it allows you some financial breathing room, while assuring the lender that they will get their money (in time). 

Stop Foreclosure via Forbearance: Repayment Plan Tip

In today’s foreclosure crisis, it’s not uncommon for homeowners to get away with NOT having a repayment plan as part of their forbearance agreement. Instead, ask your lender to tack all missed and/or partial payment monies due onto the back of your home loan.

Documents Needed to Start the Forbearance Process: You will need bank statements, tax returns and any other financial documents the lender requests that proves how/why you are currently unable to pay, and will be able to repay inthe future.  

Usually, you need one year’s worth of banks statements and two years worth of tax returns. But, this varies from lender to lender. They will tell you what you need. And, be sure to get it to them in a timely manner.

Forbearance Tip: In addition to reduced payments, some lenders allow up to 6 months free of payments (ie, no mortgage payments due).

While all of this may sound too good to be true, it’s not. If you know your options and operate from a position of power — as discussed in this post on stopping foreclosure – you’d be amazed at what your lender will agree to. Whether you’re seeking a mortgage modification, a forbearance or other prevent foreclosure option, always keep this in mind.
###

Qualify for a Home Loan, Even with Bad Credit

Has a past bankruptcy, foreclosure, or other bad credit challenge stopped you from applying for a home loan? Need to know how to qualify for a mortgage in spite of these credit challenges? Now you can get the mortgage qualification info you need.

P.S.: Business Opportunity: Learn how to secure your financial future (and retire early) by buying foreclosures cheap.

P.P.S.: Found this post informative? Follow Foreclosure Business News on Twitter.

Learn more about getting a forbearance in the video below.

Copyright © 2009 Yuwanda Black for Foreclosure Business News. Article may not be reprinted or reproduced in any manner without the express, written consent of the author.

Timeline For Foreclosure In All 50 States

Foreclosure Business News Editor Note: One thing you’ll notice about the timeline for foreclosure in all 50 states is that at almost every stage of the process, eg – Notice of Default, Notice of Lis Pendens, Notice of Trustee’s Sale, etc. — the homeowner has some time to reclaim their home.

While the time period may be short (21 days, 60 days, 90 days, etc.), it means that all is not lost just because your home is officially in foreclosure. Take comfort in that. Now, on to the full content of today’s post.
###

foreclosure-timeline-all-50-states

What is the Timeline for Foreclosure in All 50 States; How Long Does It Take?

The #1 thing that most real estate investors and homeowners facing foreclosure want to know is: “what is the timeline for foreclosure?” In other words: “how long does it take?” The answer is that the mortgage foreclosure process and timeline varies from state to state. This article provides the information and resources that you will need to find out the foreclosure laws, procedures and timelines for all 50 states.

As mentioned, each state will typically have a different set of rules and a different timeline for foreclosure.

  • 20 states utilize only “Judicial” Foreclosures.
  • 5 states and the District of Columbia utilize only “Non-Judicial” Foreclosures.
  • 25 states utilize both Judicial and Non-Judicial Foreclosures.##

Of the 25 states utilizing both types of foreclosure, Non-Judicial Foreclosures are more common. In fact, Non-Judicial Foreclosure is the most commonly used form of foreclosure nationally. 

I. JUDICIAL vs. NON-JUDICIAL FORECLOSURES:

The primary difference between the two classes of foreclosure is the involvement or non-involvement of the court system. As you might have guessed, Judicial Foreclosures are processed through the courts. Non-Judicial Foreclosures are not.

Regardless of the type used, the timeline for foreclosure is always preceded by a borrower defaulting on their mortgage payments. Most lenders typically won’t threaten homeowners with foreclosure until two or three payments have been missed. However, once the lender concludes that the mortgage is in default and the homeowner is not going to catch up on their overdue payments, a legal filing is made by the lender and the timeline for foreclosure begins.

A. JUDICIAL FORECLOSURES:

In a Judicial Foreclosure, the lender files a formal complaint with the court and records a legal notice of “Lis Pendens”. The complaint must state the details of the debt and why the lender should be allowed to foreclose on the property. The Lis Pendens gives public notice that the house is the subject of foreclosure proceedings and implements the legal timeline for foreclosure.

If the court rules that the debt is legitimate and in default, it will send a notice to the homeowner demanding payment of the amount owed (plus penalties and foreclosure costs). The borrower is typically given 30 days to respond and satisfy the debt. If they do not, the court will tender a judgement in favor of the lender, instructing that the home will be sold at a “Sheriff’s Sale” auction.

After the judgement is entered, in most states that utilize Judicial Foreclosures, the homeowner has about 90 days prior to the Sheriff’s Sale to pay the entire amount owed and stop the mortgage foreclosure process. There are other alternatives that could stop the timeline for foreclosure during this 90 day period:

  • Negotiate a “Forbearance Agreement” with the lender that revises the loan terms to the satisfaction of both parties. (Most lenders do not want to foreclose because it can cost them a lot of money.)
  • Sell the home.
  • Refinance the loan.
  • Declare bankruptcy.

If the mortgage foreclosure process isn’t stopped, the property goes to a “Sheriff’s Sale” where it is auctioned off to the highest bidder and extinguishes all rights of ownership of the defaulting homeowner. If no one purchases the property at the auction, the title to the home reverts to the lender and it becomes what is known as an “REO Property”. This stands for “Real Estate Owned” (by the bank or lender). 

How long does the Judicial Foreclosure process take?

This is almost impossible to predict. The judicial timeline for foreclosure is entirely driven by the court schedule and literally “at the mercy of the court”. However, most experts will agree that Judicial Foreclosures can often take more than a year to complete.

Important Note: Even after a home has been sold at the Sheriff’s Sale, some states will allow an opportunity for the homeowner to regain ownership of their home. This is known as a “Redemption Period” and is a period of time after the mortgage foreclosure process has been completed. Even though the property now will have a new owner, the former homeowner can still reclaim title to their home by paying off the full amount of their original home mortgage plus penalties and foreclosure costs.

B. NON-JUDICIAL FORECLOSURES:

Also known as “Power of Sale” Foreclosures, Non-Judicial Foreclosures are conducted outside of the court system by either a third party “Trustee” or an attorney. This mortgage foreclosure process is used when a “power of sale clause” exists in a mortgage or deed of trust. This clause states that the borrower agrees to the sale of their property to pay off the balance of their home loan in the event of a default.

As with Judicial Foreclosures, most lenders will not begin the Non-Judicial Foreclosure process until several payments have been missed and they are convinced that the homeowner is not going to catch up on their overdue payments. However, once the lender determines the borrower to be in default, a legal filing is made by the lender and the timeline for foreclosure will begin. This filing is known as a “Notice of Default” (NOD).

After the NOD is filed, the homeowner typically has a 90 day “Reinstatement Period” to catch up on missed payments and stop the foreclosure before the lender can take further action. There are other alternatives that could stop the timeline for foreclosure during the Reinstatement Period:

  • Negotiate a “Forbearance Agreement” with the lender that revises the loan terms to the satisfaction of both parties. (Most lenders do not want to foreclose because it can cost them a lot of money.)
  • Sell the home.
  • Refinance the loan.
  • Declare bankruptcy.

If the borrower remains in default at the end of the Reinstatement Period, a “Notice of Trustee’s Sale” will be filed with a date and time posted for an auction sale of the property. After the Notice of Trustee’s Sale is recorded, the homeowner typically has another 21 days before the auction date. During this period, the borrower can still stop the timeline for foreclosure with any one of the alternatives mentioned above in the Reinstatement Period. 

If the mortgage foreclosure process isn’t stopped, the property goes to a “Trustee’s Sale” where it is auctioned off to the highest bidder and extinguishes all rights of ownership of the defaulting homeowner. If no one purchases the property at the auction, the title to the home reverts to the lender and it becomes what is known as an “REO Property”. This stands for “Real Estate Owned” (by the bank or lender).

Important Note: Similar to Judicial Foreclosures, after a home has been sold at the Trustee’s Sale, some states will allow an opportunity for the homeowner to regain ownership of their home. This is known as a “Redemption Period” and is a period of time after the mortgage foreclosure process has been completed. Even though the property now will have a new owner, the former homeowner can still reclaim title to their home by paying off the full amount of their original home mortgage plus penalties and foreclosure costs.

THE BOTTOM LINE:

Regardless of the mortgage foreclosure process used, it is very important to know the laws and procedures for your particular state. To help with that, here is a link to the Foreclosure Process: All States.

About the Author: The author, John Hanlin, recently published the HOT NEW E-BOOK: “The LazyMan’s Guide to Understanding Foreclosures & REO Property Investment”. Click here for info. Mr. Hanlin is an Independent Investors’ Consultant who provides FREE investment advice on his website: http://www.JohnHanlin.com where you can sign up for a copy of his FREE Special Report: “The Safest High Yield Investments You Can Make Today”. Article Source: http://EzineArticles.com/?expert=John_C_Hanlin.

Learn more about the foreclosure process in the video below.

P.S.: You Can Save Hundreds of Dollars — Or More — Per Month on Your Mortgage:  There are homeowners just like you who have saved thousands of dollars in loan modification fees. And, they’ve lowered their mortgage payments by hundreds — and in some cases over a thousand dollars — a month. Get the details in this home loan modification kit.

P.P.S.: Found this post informative? Follow Foreclosure Business News on Twitter.

2 Foreclosure Options for Homeowners with Little or No Equity in Their Homes

Today’s foreclosure crisis is exacerbated by the fact that many homeowners don’t have any equity in their homes. You see, if you have equity, most likely you can refinance your home loan. But, what if you’re upside down? What if your home appraises at less than what you owe on it? Following are two foreclosure options if you’re a homeowner in this situation.

foreclosure-options1

Short Sale: A short sale is when you sell your home for less than what you owe on it. Your next question is probably, “but won’t I owe the balance that’s left on the mortgage?” The answer is, “it depends.”

You can do a shore sale with “no recourse.” This simply means that the lender agrees NOT to come after you for the balance due (the deficiency). Whether or not your mortgage holder agrees to this will depend a lot on your financial circumstances and who the lender is.

Learn more about short sales in this detailed article on MortgageNewsDaily.com.

Loan Modification: Basically, a home loan modification is when your lender agrees to “modify” your existing mortgage terms to lower your monthly mortgage payments.

This is becoming a popular tool in today’s foreclosure-ridden market. A loan modification is worked out between you and your mortgage holder. The loan modification you get depends on many factors, ie, your finances, how late you are, who your lender is, the real estate market in your area, etc.

Learn more about mortgage loan modifications and get answers to the most frequently asked questions about it.

Foreclosure Options: Common-Sense Advice for Today’s Underwater Homeowner

Today’s turbulent market can actually work in your favor if you’re a homeowner facing foreclosure, for two reasons:

(i) Banks Don’t Want Your Home: Banks are in the business of lending money, not buying and selling homes, which is what many find themselves doing in this foreclosure crisis. As discussed in this “stopping foreclosure” post here, it costs them money when homeowners walk away from a home and/or are officially foreclosed upon.

So keep this in mind when you are negotiating with them.

(ii) Government Programs Available to Stop Foreclosure: As discussed in this post on home loan modification, the government is giving incentives for mortgage holders to work with homeowners so they can prevent foreclosure.

If one program doesn’t work, try another one. You may have to do some digging, but there is help available.

It benefits everyone for a homeowner to hang onto his/her home. And that’s why so many prevent foreclosure options are available right now.

Gain Further Insight on Mortgage Loan Modifications from the Attorney in the Video Below. Remember, if you’re facing foreclosure, there is help and you’re not alone.

P.S.: You Can Save Hundreds of Dollars — Or More — Per Month on Your Mortgage: There are homeowners just like you who have saved thousands of dollars in loan modification fees. And, they’ve lowered their mortgage payments by hundreds — and in some cases over a thousand dollars — a month. Get the details in this home loan modification kit.

P.P.S.: Found this post informative? Follow Foreclosure Business News on Twitter.

Copyright © 2009 Yuwanda Black for Foreclosure Business News. Article may not be reprinted or reproduced in any manner without the express, written consent of the author.

Stopping Foreclosure: Loan Modification Program That Helps Struggling Homeowners

The foreclosure crisis is showing no signs of receding. In fact, it seems to be getting worse. And now, the Obama administration is taking more aggressive steps to nudge mortgage providers into helping struggling homeowners hang on to their homes.

So just what is this latest step aimed at stopping foreclosure for many homeowners? It’s a Treasury program whose goal is, according to the Baltimore Sun article, Administration plans to press mortgage providers to accelerate help to struggling borrowers, to:

. . . increase the rate at which troubled home loans are converted into new loans with lower monthly payments, . . . Industry officials said the new effort would include increased pressure on mortgage companies to accelerate loan modifications . . .

stopping-foreclosure

Stopping Foreclosure: What Government Program Means for You & Your Mortgage

What does this mean for the average homeowner who is desperate to stop foreclosure? A couple of things.

First, it means that the government is finally getting realistic about what’s causing the foreclosure crisis to deepen. At first, it was subprime mortgages. The prolonging of this crisis can be placed squarely on people losing their jobs.

No job; no money to pay the mortgage. Simple economics.

Second – and perhaps more important – it means that more help is going to be available to homeowners who are trying to stop foreclosure. Via this program (the Home Affordable Modification Program), the government is putting its money where its mouth is. How? By giving cash incentives to mortgage providers.

Under the Home Affordable Modification Program, those lenders that work with homeowners to lower payments will be paid $1,000 for each loan modified. AND, they can receive an additional $3,000 (spread out over three years, ie, $1,000 per year).

Why Your Mortgage Provider WANTS to Help You Stop Foreclosure

As mentioned in the last post here on stopping foreclosure, it costs lenders roughly $78,000 to foreclose on a home. And what does it cost them NOT to foreclose? About $3,300. So many mortgage companies are willing to play ball because it’s way cheaper for them – and better for you. A win win for all.

Stopping Foreclosure: Are You Eligible for Help under the Home Affordable Modification Program?

If you’re serious about stopping foreclosure and want to know if you qualify for a home loan modification under this program, visit http://makinghomeaffordable.gov/modification_eligibility.html.

P.S.: You Can Save Hundreds of Dollars — Or More — Per Month on Your Mortgage:  There are homeowners just like you who have saved thousands of dollars in loan modification fees. And, they’ve lowered their mortgage payments by hundreds — and in some cases over a thousand dollars — a month. Get the details in this home loan modification kit.

P.P.S.: Found this post informative? Follow Foreclosure Business News on Twitter.

Beware of Foreclosure Scams: Learn more in the video below.

Copyright © 2009 Yuwanda Black for Foreclosure Business News. Article may not be reprinted or reproduced in any manner without the express, written consent of the author.

Foreclosure Forms: Clauses Your Foreclosure Cleaning Business Contract Should Include

There are a lot of cleaning business forms for sale. However, as a foreclosure clean up business owner, it’s important to use “foreclosure forms” that cover sticky situations you will encounter when working with realtors and banks in a foreclosure-driven market (ie, like the one that exists now).

To that end, following are some clauses/stipulations your foreclosure cleaning contract should cover.

FORECLOSURE CLEANING CONTRACT TIPS

foreclosure-cleaning-forms

Contingencies: The contract you use for your foreclosure cleaning business should state that any monies due you are not contingent upon whether a deal closes or not. Any number of things can go wrong in a real estate transaction and you want to get paid whether the buyer closes or not. Having a contingency clause like this in your contract will ensure that you do and/or have legal recourse if you don’t.

Get it in writing: Get everything in writing. This is the foundation of all contract law because it avoids confusion. Even if you are “friendly” with all/some parties involved, have worked with them on many occasions; they are a family member; etc. Look at this not as an adversarial move, but quite the opposite – a meeting of the minds. Because, if you both agree, there should be no problem with it being in writing, right?

List Payment Terms: Remember to list your payment terms on your foreclosure forms (eg, payment due immediately upon completion, within 30 days, net 60, etc.).

Get Pertinent Info: This is something that can really save you a lot of hassle if you have a problem getting paid. When interacting with realtors, remember to get their broker contact information as well. Why? Because realtors operate under the umbrella of a broker; it’s law, they have to.

If you have a problem getting paid from a job, you can contact the broker who may be able to take further action.

Other pertinent info to get: The address of the subject property on the form, estimated time of job completion, and a host of other important details.

PROTECT YOUR (ASS)ETS

In today’s foreclosure-ridden market, commissions are few and far between for many realtors. This affects related interests as well, eg, contractors, banks, appraisers, etc.

If you don’t have a solid foreclosure cleanup contract specific to this industry in place, you could literally be working for nothing because you don’t have your I’s dotted and your T’s crossed.

The Beauty of Foreclosure Forms and Contracts

Real estate professionals (agents, mortgage brokers, banks, contractors, etc.) are all accustomed to working with written contractual agreements. They expect to be presented with them. So when you have one, it makes you look more professional – and it protects your foreclosure clean up profits. Of course, this article is not intended to be a substitute for legal advice regarding your foreclosure cleaning business.

P.S.: Business Opportunity: Learn How to Start a Foreclosure Cleanup Business. Read how one foreclosure cleaning biz owner makes up to $40,000/wk.

P.P.S.: Found this post informative? Follow Foreclosure Business News on Twitter.
Learn more about real estate forms in the video below.

Copyright © 2009 Yuwanda Black for Foreclosure Business News. May be reprinted on your blog, website, in your newsletter, etc. with the following, in full (including live links): Learn everything you need to know about what how to start a foreclosure cleaning business at foreclosed http://Start-a-foreclosure-cleanup-business.com.

Foreclosure Forms Now Available: Estimate Forms, Change Order Forms & More

FORM #1: Foreclosure Cleanup Business All-in-One Estimate & Contract Form

foreclosure-cleaning-forms

The Foreclosure Cleanup Business Estimate/Contract Form is an all-in-one form designed to cut down on paperwork. Most foreclosure cleaning businesses have separate forms, eg, an estimate form, a contract form, an invoice form, etc.

3 Forms In One — And Environmentally Friendly!

This form eliminates the need for this, acting as an initial estimate form, then becoming a formal contract upon execution by both parties. And finally, it can act as a final invoice for the client. This cuts down on a LOT Of paperwork — which not only eliminates headaches for you, but is kind to the environment as well.How cool is that!

FORM #2: Foreclosure Cleanup Business All-in-One Estimate & Contract Form

The Foreclosure Cleanup Change Order Form should be used when the scope of a job changes (eg, more work is required; the specifications of what is to be done changes; etc.). This form keeps you and your client “on the same page” so to speak, about the additional (or lessened) duties you are expected to carry out that differ from what you were initially hired for.AND, it protects you if you ever have to take legal action for nonpayment, for example.
###

Like this post? Follow us on Twitter.

BUSINESS OPPORTUNITY: Learn how to start a foreclosure clean up business — and get on the road to creating financial security for you and your family. How lucrative is this business? Learn how one foreclosure cleaning biz owner makes up to $40,000/wk.

Copyright © 2009 Yuwanda Black for Foreclosure Business News. Article may not be reprinted or reproduced in any manner without the express, written consent of the author.