I would first like to begin by saying I am only writing this article for informational purposes only. Please contact a local real estate attorney and a Certified Public Accountant with respect to local laws and tax consequences. Now with that said, let's jump in to this a little further.
What exactly is a loan modification?
A loan modification is somewhat like a refinance. The bank will modify your original terms and may reduce your balance, the term of your loan, lower your interest rate, etc. However, the bank usually wants to see some type of a financial hardship on your part. They will ask for you to complete their form, provide bank statements, pay stubs, and anything to substantiate your claim. In some cases, just your loan adjusting from an interest only loan, option arm, or hybrid loan may create a financial hardship for you without you having lost any actual income. You do not have to be behind in your payments to be considered for a loan modification. I have heard from some people that the bank won't consider the modification unless they are delinquent. I personally know people who received loan modifications without 1 late payment on their loan. But it took over 1 year and 3 attempts. I have personally applied for a loan modification and you can do this yourself. But you must stay on top of it and be prepared to send them papers they lose several times and not take NO for an answer. It took me a couple of times applying to finally get my loan modified.
Be aware that should you decide to stop making your mortgage payments and get behind, you are not guaranteed for a loan modification. And in some cases, I know people who did this and found out the terms they were offering they didn't like or the bank refused it at the last minute. Unfortunately, they were so far behind on their payments and didn't have the money to get caught up and ended up losing their homes. In one case I know of, they lost their home of 23 years when the bank refused to help them. Be prepared!
What exactly is a short sale?
A short sale is when your existing lender will agree to accept less money than what is owed to release their lien against your home so you can sell it. Someone may short sale their home to avoid foreclosure, relocation, divorce, etc.
In a short sale, the difference between what was owed and what was paid off is called a deficiency amount. In some cases, the lender may forgive the remaining deficiency, require you to pay the deficiency back over time or file a judgment against you for the deficiency. I cannot stress enough how important it is to work with a Realtor who has a lot of experience negotiating short sales. They are familiar with the bank negotiators, understand the need to stay on top of everything, and will do their best to protect your best interest and possibly getting the bank to forgive the deficiency amount.
A bank will not usually consider a short sale unless there is a hardship. You may need to provide a letter explaining your situation, bank statements, pay stubs, etc. In some cases, I have had clients tell me their loan servicer required them to become delinquent before they would consider allowing a short sale to take place. This can be a very dangerous game as you will be playing Russian Roulette with your home. Just because you are delinquent, does not necessarily guarantee that you will get an offer on your home that the loan servicer will accept. You will incur substantial late penalties and even possible legal fees if they begin the foreclosure process. If you choose to go this route, be sure to continue to set the monthly payments aside (including late penalties) so if you have to bring your loan current you can.
In most cases you may not be able to purchase another home for a period of 2-3 years from the date the home actually transfers to the new owners. There are a few exceptions to this and I would recommend speaking with a mortgage professional prior to the short sale.
What is a foreclosure?
This is actually when the bank/lender takes your home back either through the court system or trustee sale for failure to make your mortgage payments. Whether or not it was your choice not to make your payments on your home, a foreclosure can be an emotional traumatic event in a person's life. In some cases, there is denial or shame. You have nothing to be ashamed of at all! Especially in today's economy. Don't bury your head in the sand. Pick up the phone and call your bank right away. Because there are so many people going through exactly the same thing, the banks are backlogged. Give them plenty of notice to give them the time they need to possibly help you. See if they can help to modify your loan or will allow you to possibly do a short sale. If you do lose your home in a foreclosure, you will be able to buy again. Most lenders are 3 years unless there were extenuating circumstances. Contact a mortgage lender for further details.
If for any reason you feel a short sale or foreclosure is something you are going to or thinking of doing, please take the time to speak to a real estate attorney and a CPA. In some cases, the deficiency judgment may become taxable income to you. So, be sure you run this by your CPA ahead of time to avoid any surprises as tax time.
I hope this has helped to clarify some things for you. Please feel free to contact me directly with any questions.
What exactly is a loan modification?
A loan modification is somewhat like a refinance. The bank will modify your original terms and may reduce your balance, the term of your loan, lower your interest rate, etc. However, the bank usually wants to see some type of a financial hardship on your part. They will ask for you to complete their form, provide bank statements, pay stubs, and anything to substantiate your claim. In some cases, just your loan adjusting from an interest only loan, option arm, or hybrid loan may create a financial hardship for you without you having lost any actual income. You do not have to be behind in your payments to be considered for a loan modification. I have heard from some people that the bank won't consider the modification unless they are delinquent. I personally know people who received loan modifications without 1 late payment on their loan. But it took over 1 year and 3 attempts. I have personally applied for a loan modification and you can do this yourself. But you must stay on top of it and be prepared to send them papers they lose several times and not take NO for an answer. It took me a couple of times applying to finally get my loan modified.
Be aware that should you decide to stop making your mortgage payments and get behind, you are not guaranteed for a loan modification. And in some cases, I know people who did this and found out the terms they were offering they didn't like or the bank refused it at the last minute. Unfortunately, they were so far behind on their payments and didn't have the money to get caught up and ended up losing their homes. In one case I know of, they lost their home of 23 years when the bank refused to help them. Be prepared!
What exactly is a short sale?
A short sale is when your existing lender will agree to accept less money than what is owed to release their lien against your home so you can sell it. Someone may short sale their home to avoid foreclosure, relocation, divorce, etc.
In a short sale, the difference between what was owed and what was paid off is called a deficiency amount. In some cases, the lender may forgive the remaining deficiency, require you to pay the deficiency back over time or file a judgment against you for the deficiency. I cannot stress enough how important it is to work with a Realtor who has a lot of experience negotiating short sales. They are familiar with the bank negotiators, understand the need to stay on top of everything, and will do their best to protect your best interest and possibly getting the bank to forgive the deficiency amount.
A bank will not usually consider a short sale unless there is a hardship. You may need to provide a letter explaining your situation, bank statements, pay stubs, etc. In some cases, I have had clients tell me their loan servicer required them to become delinquent before they would consider allowing a short sale to take place. This can be a very dangerous game as you will be playing Russian Roulette with your home. Just because you are delinquent, does not necessarily guarantee that you will get an offer on your home that the loan servicer will accept. You will incur substantial late penalties and even possible legal fees if they begin the foreclosure process. If you choose to go this route, be sure to continue to set the monthly payments aside (including late penalties) so if you have to bring your loan current you can.
In most cases you may not be able to purchase another home for a period of 2-3 years from the date the home actually transfers to the new owners. There are a few exceptions to this and I would recommend speaking with a mortgage professional prior to the short sale.
What is a foreclosure?
This is actually when the bank/lender takes your home back either through the court system or trustee sale for failure to make your mortgage payments. Whether or not it was your choice not to make your payments on your home, a foreclosure can be an emotional traumatic event in a person's life. In some cases, there is denial or shame. You have nothing to be ashamed of at all! Especially in today's economy. Don't bury your head in the sand. Pick up the phone and call your bank right away. Because there are so many people going through exactly the same thing, the banks are backlogged. Give them plenty of notice to give them the time they need to possibly help you. See if they can help to modify your loan or will allow you to possibly do a short sale. If you do lose your home in a foreclosure, you will be able to buy again. Most lenders are 3 years unless there were extenuating circumstances. Contact a mortgage lender for further details.
If for any reason you feel a short sale or foreclosure is something you are going to or thinking of doing, please take the time to speak to a real estate attorney and a CPA. In some cases, the deficiency judgment may become taxable income to you. So, be sure you run this by your CPA ahead of time to avoid any surprises as tax time.
I hope this has helped to clarify some things for you. Please feel free to contact me directly with any questions.
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