Ways to Avoid Foreclosure

Where You Need a Lawyer:

(This may not be the same place you live)

At No Cost! 

 What Is a Foreclosure?

For many families, foreclosure may be a heartbreaking experience. It entails losing a home and being in a bad financial state. When a homeowner is unable to make the monthly mortgage payments, the lender will evict them from their home.

Because of the contract made by the buyer of the home and the seller or lender, the lender can do so. As specified in the contract, the residence acts as collateral.

Some lenders provide a grace period during which payments can be made before foreclosure. This phase, however, lasts only a few months until the property is foreclosed. In general, if a borrower falls behind on payments, it is more difficult to catch up because late fines may apply.

What Is Involved in the Foreclosure Process?

States have their unique laws governing the foreclosure process. Various processes must occur before the lender seizes the property through foreclosure.

The general procedure is as follows:

  • Pre-Foreclosure: A home is deemed in pre-foreclosure when the owner fails to make two to three mortgage payments (approximately thirty to sixty days). Lenders would typically send a demand letter at this point, demanding full and immediate payment of the loan and any legal and late fees incurred. The homeowner gets thirty days to make payments on the owed debt. If they do not comply, the foreclosure procedure will begin.
  • Default Notice: After 90 days of nonpayment, the foreclosure process begins; a bank will issue a notice of default to a local sheriff, who will deliver it to the property owner. The government agency records the default notice, and a date for a foreclosure auction is set. A default notice also allows investors and other homeowners to initiate a short sale on the property.
  • Foreclosure Auction: A public foreclosure auction will be held for the property to be sold to the highest bidder during the auction. The defaulting lender may purchase the property to sell it separately in a private sale. If the homeowner is still living on the property after the sale, an unlawful detainer will be issued to evict them at this point of the foreclosure process; and
  • Post-foreclosure: If the sale proceeds are insufficient to satisfy the debt owed, the lender may sue the borrower personally for the difference. In some states, the borrower may be able to redeem after foreclosure by paying the full sale price.

What Are the Result of a Foreclosure?

The foreclosure procedure is complicated and can be intimidating. Understanding your rights and what the banks are not permitted to do is critical. Some banks may transcend borders during the foreclosure process. Each state has its own set of rules regarding the foreclosure procedure.

Here is a list of things banks cannot do before foreclosing on a house.

Before foreclosing on a home, some states require banks to evaluate whether the homeowner is eligible for a loan modification or other assistance. It is prohibited for the bank to perform both at the same time, which is known as “dual tracking.”

The bank cannot begin foreclosure if the homeowner seeks assistance or a loan modification.

Before foreclosing on a residence, the bank must acquire a court order and apply for eviction.

If you are still living in your house, the bank cannot padlock it; and if you reinstate your mortgage before the sheriff sale, the bank cannot continue the foreclosure procedure. However, the bank is permitted to do the following during the foreclosure process.

Banks can lock up the home if it is empty, seek alternative judgments if they are unable to sell the home at auction for the amount owing on the mortgage, and request either a non-judicial or judicial foreclosure.

How Can I Prevent Foreclosure?

The simplest and most obvious strategy to avoid foreclosure is for the homeowner to make their mortgage payments on time. Lenders, like homeowners, often want to prevent foreclosure.

However, lenders are for-profit businesses and will strive to reclaim their loans using all methods available, including foreclosure. However, foreclosure is typically used as a last resort.

Remember, the lender does not desire the house. Instead, they want the money from the homeowner’s loan plus interest. Most foreclosures result in the lender losing money or barely breaking even.

There are several options for homeowners to avoid foreclosure. The most obvious is to avoid taking out a mortgage they cannot afford. Purchasing a home is a significant financial commitment. It may be beneficial to contact an attorney to help explain the mortgage conditions, so the homeowner fully understands what they will owe.

If the homeowner misses a few payments owing to a temporary financial crisis, the lender may authorize installments in addition to the homeowner’s regularly scheduled payments. Most lenders are open to new payment arrangements. Remember that the lender has the last say on whether or not to foreclose.

Contact the lender and be honest with them if the homeowner anticipates financial difficulties.

If the homeowner receives a notice of default (a notice of the lender’s plan to foreclose), their alternatives become far more limited. At this time, the homeowner may think about a short sale.

When the house is worth less than the amount owing, the lender agrees to let the homeowner sell it at its present value and accept the sale price as the final payment of the debt. For most people, this alternative is marginally better than foreclosure and should only be considered a last choice.

If you are falling behind on your mortgage payments, getting assistance early in the process is critical to ensure you have a clear path forward.

Here are some practical suggestions for avoiding foreclosure:

  • Make your loan payments on schedule, and don’t overlook the situation.
  • You should contact your lender as soon as possible because you may have additional financing options.
  • Make sure that you are receiving notices from your lender and reacting appropriately, as failure to do so will not serve as an excuse in foreclosure court.
  • Read your loan agreements to ensure you understand what the lender can and cannot do if you miss a payment.

Alternative foreclosure prevention measures exist, and it is critical to be aware of them.

You might seek additional assistance from the US Department of Housing and Urban Development (HUD), which has counselors available to assist you in better managing your money.

Mortgage payments, like healthcare, should be prioritized, thus creating a budget that assures this is critical to staying on track with your monthly mortgage payments.

Using your assets to reinstate your loans is another possibility to avoid foreclosure.

Avoid foreclosure prevention organizations and do not pay fees for this assistance. Also, be cautious of foreclosure fraud and schemes that may demand a signature on a single document for your foreclosure to be removed.

Should I Speak with a Lawyer to Avoid Foreclosure?

Because state laws involving foreclosure vary considerably, an experienced and local foreclosure attorney would be most equipped to help you understand your state’s laws and how those laws may affect your case, whether you are going through the foreclosure process or are on the verge of doing so.

A skilled attorney can also advise you on your legal rights and alternatives and, if necessary, represent you in court.

Law Library Disclaimer


16 people have successfully posted their cases

Find a Lawyer