A. Home foreclosure is a process by which a lender regains a property which
they have financed. Typically, this is because the borrower or homeowner is
behind on house payments and is unable to catch up, often due to circumstances
outside of his or her control. When the lender forecloses on the homeowner,
the homeowner must move out of the house, therefore, losing all possession of
the property and jeopardizing any possible equity that the homeowner may have
in the home. There is a legal time frame, which varies from state to state,
which determines how long the foreclosure process can take.
Q. How do we stop foreclosure?
A. Our company specializes in a forensic audit of your loan documents to provide
leverage for resolving your mortgage delinquencies or home
foreclosure claims on behalf of you, the homeowner. We perform a detailed financial
analysis and work with you to determine your best alternatives. We review your
lenders loss mitigation policies and your state's foreclosure law to make sure
that we give you the best service within the context of your situation. By working
with you and your lender we can tailor a resolution to meet your specific criteria
and financial circumstance. We do all of this quickly and effectively because
we have been doing this for 20 years and have thousands of satisfied customers.
Q. How long do I have to act?
A. Time is of the essence when you are behind on house payments. Time is definitely
not your friend in this situation. Each day that passes makes it that much harder
to get a work out agreement with your lender that you can live with. The home
foreclosure process can take anywhere from a few weeks to many months, depending
on your state law and the method of foreclosure your lender chooses to use.
We have encountered many homeowners who did not even know that they had already
lost their house!
Q: Several companies have contacted me recently offering to help. What's different about you?
A. There are many predatory companies who are not what they appear to be. Beware
of unscrupulous companies who are actually just interested in buying your house
at big discount, or attorneys who just want to take you into bankruptcy or companies
that collect a consultation fee then do nothing for you. We are very proud of
our track record of success and thousands of satisfied customers. They are strong
evidence that we deliver on our promises.
Q. How long does it take for you to complete the case once we fill out all of the paperwork?
A. Anywhere from 2 days to several months. This depends on the stage of foreclosure
you are in and your financial position. Typically it takes several weeks to
complete a work out agreement and stop foreclosure proceedings.
Q. Do I have enough time to stop my foreclosure?
A. Up until the foreclosure sale occurs there is still hope. If a sale date
for your house has been set you need to act fast. We have stopped sales set
for the next day but this is very risky and some lenders will not agree to it.
You're best option is to take action immediately to stop foreclosure before
it goes too far.
Q. Can you still help?
A. Yes, we work closely with Bankruptcy Attorneys to help them prepare a Loan Modification solution accepted by the Bankruptcy Trustee on behalf of the client.
Q. I've already talked with my lender and they just want all their money. Can you still help me?
A. Yes. Most of our clients have experienced this kind of inflexibility from
their lenders before calling us. We get your bank to listen to your needs because
they know and trust us. We have been doing this for 20 years. We have mitigated
thousands of home foreclosure cases. That kind of experience gives us credibility
with your lender. Over the years we have developed positive working relationships
with key people at most banks. Our integrity and professionalism have earned
us a reputation that allows us to be heard when no one else can get through
the red tape. We will use our experience and connections to your advantage.
Q. Do I need to have a special type of mortgage loan for you to help me?
A. No. We specialize in out-of-court resolutions of government and non-government
mortgage delinquencies or home foreclosure claims for homeowners. These can
be FHA, Rural Administration, VA, Freddie Mac, Fannie Mae, or conventional loans
which have become delinquent.
Q. What if I can no longer afford my home? Can you still help me?
A. Yes. If you are certain that you cannot afford your home any longer and
wish to sell, we can help you to secure a short sale payoff or a deed-in lieu
of foreclosure agreement with your lender. Often times these agreements can
be arranged at low or no cost to you.
Q. Why would a lender accept less than their payoff in order to facilitate a sale of the home? Why would a short sale be preferable to a lender than foreclosing on the subject property?
A. Foreclosure is an expensive process for a lender. Banks are in the business
of making loans, in general they don't want to possess the property. You also
must remember that not only is foreclosure a long and arduous process for the
bank but it also costs money. If the lender goes through the entire foreclosure
process significant costs will accrue including posting the notice of foreclosure
and advertising the foreclosure sale.
Q. What does "Acceleration Clause." Mean?
A. It means that once a borrower is in default, the lender can choose to demand
payment of the entire balance of the mortgage in one lump sum.
Q. What happens to the property if the lender goes through the entire foreclosure process and no one bids on the property?
A. If no sale occurs the lender will have to pay not only the advertising and
notice fees but they will also be responsible for attorneys fees, trustee's
fees, and title insurance. The lender will then be forced to possess the property
which will require them to pay for repairs, maintenance, hazard insurance, and
property taxes. Furthermore the lender will have to sell the property which
will require them to pay not only real estate commissions but also closing costs.
Q. What does a notice of default mean?
A. A Notice of Default (N.O.D.) means that the bank has contacted an attorney
and the foreclosure process has begun. They have set a date at which your home
will be auctioned off at a public auction to the highest bidder.
Q. What's the difference between Judicial Foreclosure and Non-Judicial Foreclosure?
A. Judicial Foreclosure means that the lender has to go to court to foreclose.
Non-Judicial Foreclosure does not require the lender to go to court. This is
because the loan instrument the borrower signed contained a power of sale clause,
or the instrument is a Deed of Trust. A power of sale clause means that the
borrower authorized the lender to sell the property to pay the loan if the borrower
defaulted.
Q. What does "Lis Pendens" mean?
A. It is a Notice of a Pending Lawsuit and one of the initial a step the lender takes on the path to foreclosure.