Sushi Money

    Everyday it seems we read of increasing foreclosure rates, and how people all over the country are behind on mortgage payments with their lenders.  What is Foreclosure?  That Wikipedia link provides some excellent information if you are not familiar, but foreclosure is nothing new- there has always been some percentage of the population affected by loss of income or another factor that leads to foreclosure.  Some folks believe the media is over-hyping the problem simply because of the real-estate and economic climate today.  That may be true, but it doesn’t change the fact that Americans in record numbers are indeed facing foreclosure, and some are now calling for government action.  It’s sure to be a political issue leading up to the election as well.  There are a myriad of reasons for foreclosure… job loss, local economic changes, loss of a family member or divorce, a house that won’t sell, or an inability to make payments or refinance based on current income and the type of loan.  The latter is a real issue for some today… lender standards have tightened and some people have simply got in over their heads with an unsuitable loan.   So what can you do if you think you might be at risk of foreclosure?  The most important first step is to make an honest appraisal of your situation.   In other words, make a realistic analysis of your budget… look at income and expenses in detail to see where you stand. If you know the house payment is simply too much, or you feel “frozen” without knowing what to do… then it’s time to explore options.

    First a disclaimer: I won’t pretend to be a credit counseling expert- I encourage you to seek professional assistance. But I do have the experience and knowledge to offer some insight and direction, along with links to resources that may be helpful.   If you’re reading this and concerned about your situation, you obviously are on the right track.  Whatever you do, don’t give in to destructive thoughts or actions  that will simply make things a lot worse for everyone.  In some cases, believe it or not, people are relieved by foreclosure and see it as a way to start fresh again.  With the burden of an overwhelming debt situation gone, one can start again and move forward.  Let’s assume you are facing the prospect of foreclosure, and want to approach the situation rationally, looking for solutions.  If we also first assume we want to stay in our home (not everyone does), then there are some prudent steps to take:

1.  Face up to the problem.  Makes sense… sometimes we simply try to ignore something we don’t want to deal with, or we procrastinate, thinking “it will all work out.”  Maybe, but don’t count on it.  It’s important to think positively, but it’s also important to take action.  There is no time like the present… so don’t ignore potential problems.  If you are falling behind on debt, then it will become that much harder to fix the problem later on.  Deal with it now.

2.  Consider Financial or Housing Counseling.   If you’re not sure you have a problem yet, but you’re having a difficult time keeping up with house payments and staying within the budget, there are some excellent (and awful) credit counseling agencies that can help you figure out how to maximize your income and manage money.  Find a legitimate organization such as the Consumer Credit Counseling Service.  Check with the National Foundation for Credit Counseling’s DebtAdvice.org Locator and find a competent local agency.  Do not run out and sign up with just any “fly-by-night” credit counseling outfit.  There are some very poor companies out there that make money by signing people up for “counseling” or “debt reduction” or ”credit repair” programs that will not help your situation. 

•      Take a look at this excellent factsheet from the Federal Trade Commission.  It talks about scams and considerations before signing up with some agency you know little about.   When it does become time to really find financial counseling assistance, find a legitimate agency.  
•      Check this page at the U.S. Trustee Program from the Department of Justice for a list of approved credit counseling agencies for each state.  Search your state or local area and try to find an agency you can visit in person. 
•      The U.S. Department of Housing and Urban Development also funds low-cost housing counseling.  It may or may not be available in your area, but that is another option.  In some cases, they can even speak to lenders.
•      If your income and credit situation allows, it may be best to refinance your mortgage.  A fixed rate loan will allow you to have a predictable mortgage payment for the life of your loan.  Understandably, your income and/or housing situation may not make refinancing feasible.  Often, other lenders or local banks may be your best bet for refinancing. 
•      Find ways to increase your income if possible.  Can family members help?  Consider selling items you don’t need, and lower your total monthly expenses.  Yet working at two jobs, or selling all your assets may not be the best thing to do over time. Also consider selling the home, and downsizing into a home, and mortgage payment, that is more affordable if possible. 
•      If you are behind on debt payments, the mortgage comes first!  In other words, if you’re going to be behind on payments of some kind, don’t pay your credit cards.  Why?  Because most credit card debt is “unsecured debt” and they cannot (depending on state law) take your home or property from you if you are late making payments.  Car loans are also “secured” debt and creditors can typically “repossess” your car.   But some creditors may call and threaten or harass you… if it’s for unsecured credit card debt however, that is the last debt you pay.  Take care of essentials first: Groceries, Utilities, Health needs and Mortgage payment.  But cut back where you can…

3.  You’re really concerned, or having trouble making house payments, no bones about it?   Then you must call your lender as soon as possible.  

250 Questions You Should Ask to Avoid Foreclosure 

     BUT!  Do your homework first.  Know your Mortgage Rights.  Prepare for the call and conversation. The bank or loan servicer does not want your home… they want you to keep making payments.  Many loan companies are making a renewed effort to work with consumers facing financial difficulty.   Be proactive, ask questions, and try and arrange a viable solution.  It may not always work however, and with some loans the lender is not able to modify the loan terms. 

It’s important to pursue all options:

•      Review your loan documents in detail so you understand them before you call.  Make sure you read the terms of your loan agreement, and prepare to ask questions if you need more information
•      Review the foreclosure laws in your state.  Each state has different timeframes and things lenders can and cannot do regarding foreclosure.  If you don’t know your foreclosure laws, you won’t understand the timeline or how much time you have to take certain actions. 
•      Make a list of your reasons for falling behind.  Income change or job loss?  Sickness or change in family situation?  How have you tried to manage the situation?  What other income or assets do you have available?  How long do you think this income situation will go on?  What do you ultimately want to happen?  Do you want to keep your home?  What kind of payments can you make each month?
•      You may be able to establish a “workout plan” with your lender.  This is basically a new plan for how you will pay your mortgage.  It may be temporary, or for a longer period, but does not change your committment to the loan debt.  It simply is an arrangement to help you pay your mortgage until your income improves.
•      Keep good records of any communication with your lender or loan servicer.  Ask for names, and write down times and dates.  If you ask for something, or they ask for something, then respond with a letter after the phone call to confirm and re-state the situation and expectations on both sides.  When you send the letter, use registered mail, with a return receipt.
•      If you want to keep and stay in your home, do not move out!  If you move out or try to rent the home, it will no longer qualify as a “principal residence” and your lender may not work with you any further on payment arrangements.  In fact, it will probably be classified as an “investment property” and be more difficult to arrange payment plans or to refinance.
•     Remember that your lender has a host of laws and legal requirements to comply with.  Don’t tolerate abusive phone calls with loan service personnel.  Ask for a supervisor if you are not getting anywhere on the phone.  If you have an attorney, have them send a letter to the loan servicer’s management and customer service divisions.

4.  If you do not want to keep your home, or if you’re ready to get out from under the debt of home ownership:

•    Consider selling your home.  Many are already doing so in today’s markets, but it’s difficult to find a buyer.  Do everything you can to make your home attractive to a buyer, including a low asking price.  This is no time to haggle over prices or pride, or to worry what your neighbors will think.  It’s your life… take charge, make your decisions and move on.
•    Consider a “short sale” or “fire sale” where you allow someone to buy the house at a much lower price.  That would be difficult to do, but depending on your situation, it’s something to consider.  Remember, if the sale doesn’t pay off the loan, you will still be responsible for the remainder of the debt with your lender or loan servicer.  It may be less, but you’ll still owe the money even though you are no longer in the home.
•    Deed in Lieu of Foreclosure: Basically, you just sign over your deed to the bank or lender, if they agree not to foreclose and/or as payment for the debt you owe.  It may only be for partial payment… but consider getting a real estate lawyer to help with this process and ensure your best interest.

5.  Be careful of scam artists who may approach you with fantastic solutions to your problem.  See # 2 above.  If you haven’t talked with a legitimate credit counseling firm, now may be the time to do so.  Make sure they are legitimate!  If you have been working with a credit counseling company, maybe it’s time to review your situation.  But stay alert for scams.  When you’re in a tough situation, many things sound good that you may not have considered before.  Don’t let your guard down, and make sure you know who or what company you are becoming involved with.

6. Use Your Assets? What about Bankruptcy? Many people recommend using any or all of your available assets to generate income and keep making payments on your home.  But let’s say you know you will go through foreclosure and are considering bankruptcy. It may or may not be possible depending on your income and asssets.  The key about bankruptcy is that once officially filed, it immediately (but perhaps temporarily) stops the foreclosure process until the bankruptcy court and debt repayment agreements are established.  In other words, it gives you more time.  It may not keep your home from foreclosure.  We won’t go into the details regarding bankruptcy here, but there does come a time when paying money toward your mortgage may not benefit you in the long run.  Depending on your state’s laws and the type of bankruptcy, it may be in your best interest to save the money you have on hand for living expenses and other needs.  Only you can determine this, but if you are going through bankruptcy, giving your lender all of  your assets may leave you with fewer options.  If you are considering bankruptcy, ensure you speak with a competent bankruptcy attorney, and work with a legitimate financial or credit counselor to explore this situation. There are many non-profit agencies that can help as well, such as the Housing Opportunities Collaborative in San Diego, California.  Their services may only be local, but there are probably similar organizations in your area.  But again, be careful of scam artists, even with bankruptcy!  This article talks about how foreclosure scams are on the rise, and CNN/Money talks about Rescue Scams to avoid.  Finally, read this Consumer Alert from the U.S. Trustee Program about Mortgage Foreclosure Scams.

7. Stay positive and take care of yourself and your family!  Life is full of challenges, both personal and professional.  Try to keep things in perspective and remember your long-term goals.  Life is nothing if not full of change, and we must change as well.  Take care of yourself and your family, and have faith that things will get better over time.  Talk with a counselor or member of the clergy if desired.  You are not alone!  Others are facing the same challenges.  And Clark Howard even talks about how foreclosure might be avoidable. There are countless others who are going through a similar situation.  You can get through it, and one day you will be moving forward in a new direction.  I wish you the best as you work with a challenging situation.

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