Posts Tagged ‘foreclosure’

Foreclosures Still An Issue In Jobless Recovery

Thursday, August 12th, 2010

Analysts say that the high unemployment rate and the jobless recovery are leading to more homes continuing to be in danger of foreclosure. Many homeowners who have lost their jobs in the recession are beginning to drain their reserves and face financial difficulties since finding a new job has become so difficult.

According to information released by RealtyTrac, foreclosure paperwork has been active on over 300,000 homes each month for the past 17 months. While numbers for July were lower than those in July 2009, they were still up 4% over June’s total.

In an excerpt from a story on NPR about how the jobless recovery is affecting homeowners, Marietta Rodriguez of NeighborWorks America, a housing counseling organization, said that some bright signs in the numbers are no reason to become optimistic about the future of the housing market.

She says unemployment continues to be a problem, pushing homeowners over the edge. And there’s a new crop of loans that will reset in the next year — making the payments harder to handle.

“On the ground, our counselors are telling us they’re seeing more and more consumers, more and more borrowers seeking help — that their numbers are not decreasing,” Rodriguez adds.

And RealtyTrac’s report on the numbers said that five states account for more than half the foreclosure activity in the U.S.

California alone accounted for 21 percent of the national total in July, with 66,910 properties receiving a foreclosure filing during the month — down 3 percent from the previous month and down 38 percent from July 2009.

With 51,557 properties receiving a foreclosure filing during the month, Florida accounted for 16 percent of the national total in July despite a nearly 9 percent decrease in foreclosure activity from July 2009.

Illinois foreclosure activity increased 33 percent from the previous month — the biggest monthly increase among states with top 10 foreclosure rates. A total of 19,602 Illinois properties received a foreclosure filing in July, the third highest state total and accounting for 6 percent of the national total.

Michigan accounted for just under 6 percent of the national total, with 18,833 properties receiving a foreclosure filing in July, and Arizona accounted for 5 percent of the national total, with 16,298 properties receiving a foreclosure filing in July.

Other states with foreclosure activity totals among the nation’s 10 highest in July were Nevada (13,727), Ohio (13,511), Georgia (12,577), Texas (11,727) and Maryland (6,961).

“Strategic Default” May Not Be So Strategic

Tuesday, June 8th, 2010

A recent article on CNNMoney.com talked about the phenomenon of “Strategic Default” and how soon a homeowner who has been through foreclosure can expect to wait before qualifying for another mortgage.

An economist with the Mortgage Bankers Association (MBA) told Les Christie for the CNNMoney.com piece that when economic hardships are involved in the foreclosure, such as divorce, job loss or medical issues, someone can normally buy another home in two to five years.

Underwriters, who decide if you are a good risk for a mortgage, will take into consideration any precipitating factors that led to a foreclosure. In cases where the homeowner simply walked away because they owed more than the home was worth, would be borrowers may be faced with higher down-payment requirements and higher interest rates.

Most predict that banks fighting for market share will not deny all strategic defaulters a chance at another home, but they will make it extremely difficult for them.

More Underwater Homeowners Walking Away

Wednesday, May 19th, 2010


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After watching this report on CBS’ 60 Minutes recently I wanted to share this with as many people as possible.

It is staggering to hear that experts believe that more than half of homeowners in the United States will owe more than their home is worth before the “foreclosure crisis” reaches bottom.

According to this report, one in five homeowners that lost their home to foreclosure was actually able to afford their payment. Recent reports from the Mortgage Bankers Association show that more than 10 percent of homeowners missed one payment or more in the first quarter of this year.

How Foreclosure Works and What To Do

Wednesday, May 5th, 2010

Let’s get right to the problem: how do you handle foreclosure? You’ve fallen behind on your house payments. Now, before you do anything, you need to consider your options. Technically, Chapter 7 bankruptcy will not save your home–you lose it in the liquidation. If you act quickly enough, you can file Chapter 13 bankruptcy in order to save your home.

What really is foreclosure?
Foreclosure means you’ve fallen behind in mortgage payments and your lender decides to sell your home. If you do nothing, you will lose the home. If you act before the lender decides to initiate foreclosure proceedings, you can in fact protect your home with what’s called an “automatic stay,” which stops the foreclosure from going through.

How can Chapter 13 help?
Chapter 7 is a liquidation, Chapter 13 a debt repayment plan. You pay nothing, in most cases, with Chapter 7 as your assets are sold. Chapter 13 means you still owe money, but your payments are restructured over 3-5 years. That means if you can stay current with the Chapter 13 repayment plan, you can keep your home.

Foreclosure Process

Here’s what happens if you fail to act quickly enough. This is what could happen if you wait too long to file, or if you do absolutely nothing.

First, you fall behind in mortgage payments. How soon is this? It varies in different states, but technically foreclosure can begin after one missed payment. However, few lenders act that quickly; the majority wait until you fall far behind.

Second, depending on the state, the lender will usually send a notice explaining their intent to foreclose your property. This is a ten day notice, and by this time it may be too late to file for Chapter 13 to save the home.

The lender’s next step is to file a lawsuit with the courts; if you can catch up with payments, this won’t happen. You have a chance to fight this case in court after being given a summons, by responding within a few weeks. This is your opportunity to prove to the judge that something is wrong with this process. At this point, you might consider hiring an attorney to help you. The best choice would clearly be to hire a bankruptcy attorney before this process is initiated.

The next steps are pretty straightforward: you are told of intent to sell if the courts don’t stop it, an auction is held on your home, and you are either evicted or allowed to stay.

That last step, where you are either evicted or allowed to stay, depends on the state. Many states allow you to stay in the home until you are given an official eviction notice.

Steps to Avoid Foreclosure
These laws can be navigated if you take immediate action. Since the time involved depends on the lender, the court, and the market for your home, sometimes you have more time and sometimes you have little if any. There are few ways to gauge how this will work in terms of time. So upon falling behind in payments, if it’s clear you won’t be able to catch up, contact a bankruptcy attorney. The good news is, with Chapter 13 filing, you can save your home.