If you are behind on your mortgage payments, you do have options. The best advice I can give you is don't delay and get in touch with your lender as quickly as possible. The more you procrastinate the more likely that you will make your situation worse.
When you call your lender they may try to send you to their collections department, be firm that you need to talk to someone in the loan modification or loan work-out department. Be persistent and keep calling until you get someone who is willing to talk to you.
Don't wait until the lender initiates the foreclosure process by sending a Notice of Default. Loan workouts often take months to complete, so it is important to contact the lender before you miss the first payment, having said this I do know of lenders that will ask you to call back after you have missed a payment, don't give up.
Be persistent as lenders don't have to wait until the borrower misses a loan payment. Do keep in mind that they are swamped with workout requests and past-due borrowers are receiving priority. If the employee at the bank isn't helpful, call back and you will probably get someone else who may be more helpful.
Make sure you have your finances in order. The bank's loan-servicing agent will ask you to provide information about your income and expenses such as credit cards, utility and auto payments, and any other revolving debt. You must prove financial hardship to get a loan workout.
Once you contact your lender, and are speaking to the appropriate person, what are your options?
TYPES OF LOAN WORKOUTS
- Revised Repayment Plan: Borrower is allowed to make up past-due payments over time by adding them on to future payments.
- Forbearance: The lender re-apportions the payout by temporarily forgiving past-due payments to bring the borrower current and then extending the loan's payoff schedule by the number of months in which the payments were missed.
- Loan modification: The lender reduces the borrower's monthly payments by adjusting the terms of the loan, such as lowering the interest rate. This is usually a temporary measure for a definite period of time.
- Short Sale: The lender agrees to let the borrower sell the property for less than the remaining loan balance. Usually the short amount is forgiven but sometimes the lender may take the short amount and set it aside in a separate obligation such as an unsecured promissory note.
- Short Refinance: A special loan modification in which the lender agrees to refinance the loan at a lower rate and reduce the principal. The federal housing bill approved in July proposes short refinancing to a fixed-rate FHA loan at no more than 90% of the original loan's value.
- Loan Assumption: A new borrower assumes the original borrower's loan debt in exchange for the property. Be advised that while conventional adjustable loans are usually assumable, conventional fixed-rate loans are usually not. FHA and VA loans are assumable. Also, be advised that loan assumptions almost always require a "formal" assumption where the borrower must qualify to assume the loan.
- Deed in Lieu of Foreclosure: The borrower surrenders the property to the lender in exchange for forgiveness of the debt. (Note: many lenders do not like this option) Often the lender will offer the borrower nominal funds and allow the borrower to live in the property and pay rent until they dispose of the property. Sometimes investors will offer a lender the same option. Both this type of transaction and Short Sales are "Pre-Foreclosure" sales.
Other options you have available include:
Talk to a HUD-approved foreclosure intervention specialist. Their services are free and they understand how to work with lenders. Another advantage is that they won't let emotions get in the way.
Consult with the loan officer that originated the loan. If he/she is still in the business and with the same lender, they may be able to provide assistance in getting the loan adjusted.
Ask an attorney to send a letter to the bank with the request for a loan workout. Some lenders will pay more attention when the request is on an attorney's stationery. Another suggestion is to have it delivered by FedEx or DHL. That will call attention to it.
This is not a good situation for anyone, the borrower or the bank, but being informed and making sure you are persistent will help you!