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Non-Bankruptcy Options to Stop Foreclosure

Aug 17, 2007
When you face a foreclosure, it is necessary to know all the options available and the various avenues you can pursue to save the home. Bankruptcy is not the only option. Consider all available options and choose the one best suited to the current situation. The other options include contacting the lender to talk over the forbearance or modification of the loan. Besides this, you could refinance the home, sell the home, cure arrears or redeem the property after foreclosure. There are some other alternatives to this too. However, you should be careful of entering into agreements to lease or rent the home to a real estate investor.

Debt Workouts

There are queries that plague many people, when it comes to debt workouts while tackling foreclosure. Attorneys usually contact creditors to make settlements that expect the debtor to make payments. The payments could be lesser than what the debtor owes. In other situations, full payment over a certain time span is expected. Sometimes, smaller settlements can be made and the remaining amount can be paid over a period of time.

In comparison to bankruptcy, workouts assure debtors of getting more than they expect. These actions affect the debtors for many years. This applies not only to the debtor, but also the attorney in charge of the case. Its always better to hire experienced lawyers who can gauge the case even before you explain.

Good Debt Workouts

The Chapter 7 bankruptcy stays on the credit report for about 10 years. This is reported on financial statements for longer time periods. Workouts help in avoiding the credit and emotional scars caused by bankruptcy. In the case of people with hard assets like real property, workouts let them retain greater control and increase their likelihood of keeping the assets. Soft assets like cash can also be kept under control.

How to keep property through a workout?

There are many ways to keep your property and yet, get a workout. The sooner a problem is dealt with, the more likely is the possibility of it being resolved. The following are some ways to save a property through debt workout

Repayment plan- Debtors pay a certain part of the arrears and pay the remaining amount through regular payments. The lenders need proof of income and a proper down payment to accept this type of plan. Half of the arrears and the legal fees get paid up front on the promise that the left over arrears will be paid within six months. Plans with lesser down payment can be settled with the help of loss mitigation professionals.

Deed in lieu of foreclosure- The debtor, in exchange for the forgiveness of potential deficiencies, gives back the property in hold.

Short Sale- The creditor accepts the price at which it has been sold to the third party.

Friendly Foreclosure- Creditors of friendly third parties who buy the mortgage, sell the property at foreclosure. This clears the title of other lien holders. The property is later sold back to the debtor or any other pre-decided entity.

Repurchase after Foreclosure- This involves buying the foreclosed property after it has been auctioned.
About the Author
Stop Home Foreclosures by Selling Your Home Fast. As Is Now can help you get fast cash for your house in any condition. Our Licensed Realtors take out the hassle of selling your home. Visit us at http://www.asisnow.com.
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