Are you a homeowner who has been receiving multiple phone calls and letters from your mortgage holder?  If so, are you facing foreclosure?  Many homeowners say that they are surprised to be facing foreclosure.  With that said, the telltale signs are often there.  Most reputable financial lenders, including locally owned and operated banks, will do just about anything to keep borrowers in their homes.  Unfortunately, this is an important point that many either do not know or just do not take into consideration.

Many homeowners facing this scenario typically just want to pack up and move , however you should be aware of your rights before vacating the property.  As a reminder, financial lenders want to keep borrowers in their homes, especially those that are only facing temporary financial hardships.  That is just one of the many reasons why you should pick up the phone and schedule a meeting in person with the bank’s chief loan officer.

Before your property enters into foreclosure, homeowners are also encouraged to try and sell their property.  In some states, the process of foreclosing on a home and it acquiring a new owner can take up to 120 days.  This does leave you room to try to find a new buyer.  You may have nothing to lose by placing a for sale sign in your yard or by placing advertisements in your local newspaper.  You may even want to use the assistance of a professional real estate agent.

When trying to sell your home at the last minute, there are some important steps that you must to take.  If you want to sell your home at any costs, remember that you still need enough money to payoff your current mortgage.  For example, if you owe $50,000 on your mortgage, you cannot sell your home for $45,000.  It is also important to take your moving and living expenses into consideration.  Make sure that you walk away with enough money to help you find a new home, even if it only involves renting an apartment.

As it was previously stated, the entire process of foreclosing on a property can take up to 120 days or more in some states.  Instead of moving right away, you can use this time to try and make good on your outstanding mortgage.  Consider selling your valuables or getting a second job.  At the very least, stay in the home and save as much money as you can.  Remember, you need to have access to some money to move and rent a new apartment.

There are also a select number of states who give foreclosed property owners time to essentially reclaim their home.  These laws are referred to as redemption period laws.  If your state has these laws in place, you may not even be required to move right away after your home is sold at a foreclosure auction.  With that said, if you not anticipate being able to re-buy your home or get your mortgage in good standing, you should start making arrangements to leave the property.

As for when you do move, there are a number of important steps you will want to take.  First, remove all of your belongings from the home in a timely matter.  After a set period of time, you may lose ownership of these items due to abandonment.  Losing your home to foreclosure can be a stressful, frustrating, and maddening experience.  No matter how mad or upset you are, no good can come from “trashing,” the property before you leave.  In fact, you may face legal repercussions for doing so.  Be sure to leave with your head held high.

As a reminder, foreclosure laws and the rights that homeowners have vary by state.  Before you pack up and leave your home it is important to review these laws or speak with an expert.

The foreclosure of a property is one thing that everyone should seriously try to avoid. There are plenty of  strategies that you can employ  to save your home from being foreclosed by your mortgage holder including paying the debt in full or issuing a promissory note so you can extend the deadline, or you can use the method of refinancing.

What is refinancing?

Taking out another loan to pay off an existing debt is refinancing. In simple terms, most borrowers undergo refinancing to extend the repayment time , resulting in lower payments making the mortgage more affordable. You should however be aware that under this scenario you end up paying much more. You can say that refinancing is a secondary loan to pay for the first one. Not only will your property be safe from foreclosure since you are able to pay on time, you also have a form of extension to your debt as well.

Before considering refinancing , you  need to investigate the various options available and the details before you sign for a new loan.

Types of loans

There are two kinds of loans in the world of finance. The first one is the secured loan in which the borrower uses an asset as a pledge or a security as collateral for the loan; now this kind of loan is closely regulated by state law and will only be released if the borrower has reached a certain level of criteria from different financial institutions. A good example of a secured loan is mortgage loan, in which the borrower will approach a lender for credit for purchasing a property or to refinance a business or an existing loan.

Once the borrower fails to pay for the said loan then the lender, or the mortgage holder, will get full right of the property used by the borrower as collateral. The lender will now have to option to sell the property to pay for the debt of the borrower.

The second type of loan is called the unsecured loan, wherein the lender is not governed by the statutes of the state and is not based on the borrowers assets. Unsecured loans come in different forms: credit card debts, bank overdrafts, personal loans from private lenders, credit lines, and corporate bonds.

Interest rates for these two kinds of loans may vary depending on the locale of the financial institution, however as a rule of thumb you should be aware that the unsecured loan will attract a higher interest rate. Since secured loans are governed by legal statute so the interest rates are closely regulated by law; and unlike its counterpart, unsecured loans especially by private lenders are quite known in charging marginally higher interests.

Getting yourself a refinance lender

If you want to find the best refinance lender the will suit your needs then you need to conduct  a lot of research. One way to seek out prospect refinance lenders is via the internet. Most companies, both private and institutional lenders, are now using the Internet to advertise their companies so it's quite easy to seek them out. Try to spend time looking for the lenders with lowest interest rates so that you can get the best deal in refinancing -  try not to stick with one since there are countless of lenders out in the World Wide Web. .

Also, try to look for a lender who has all the fees and costs fully disclosed. Scam lenders often give the good deals out without telling the borrower about hidden fees and costs. Honest lenders will give you a draft of possible costs during the transaction.

Closing costs in refinancing

When you have found the right refinance lender, you need to be aware of t the closing costs. Closing cost for a refinance mortgage will include escrow and title fees, lender fees, appraisal fees, insurance, taxes and credit fees.

Though this might sound quite alarming at first; you'll relax once you know what's involved with all these closings costs.  Major fees includes the title and escrow fees, but you are given a choice to add these fees to the mortgage balance to be paid in full later when it reaches maturity.

You may also try for a no-cost closing method in refinancing. This method is avoids adding fees but will  then attract a much higher interest rate than the usual refinance methods with closing cost. Knowing the cost associated with refinancing will give you  an advantage during the negotiations.

SSCRA or the Soldier and Sailor Civil Relief Act were signed by President Bush on December 2003. The objective of this act was to set new legislation to simplify or ease both legal and economic burdens to military personnel whether active or retired.

What is the  SSCRA

The SSCRA address the inability of military men to meet financial obligations when they are in active duty. Financial obligations include rentals, leases, mortgages, credit card payments and other similar transactions. The SSCRA also stretches to cover the dependents of the military men in question.

SSCRA covers those on  active duty, this includes out on basic training exercise or assigned in the field. Most veterans fail to pay their financial obligations since they are unable to do so during the line of duty. The SSCRA aims to provide legislation to these individuals so that they are given consideration regarding deadlines and maturity dates.

One area covered by SSCRA for military personnel and their dependents includes leasing/renting of a property for residential purpose not more than $1,200 a month. Also the conditions must be met and the transaction must be first be made before the service man is enlisted into active duty.

Since they are on active duty, it's almost impossible for them to settle the obligation. On this note, the service man must send a request of being under the protection of the SSCRA to the court when he or she receives an eviction notice. If the judge finds sufficient grounds which merits the protection from SSCRA then the court may postpone the eviction until the term of duty of the personnel expires.

Advantage of SSCRA

Most of the military personnel in active duty will not have the ability to fulfill their financial obligations to various institutions like credit cards, banks, insurance or mortgage lenders  .  The SSCRA aims to provide a form of protection to these men and woman on duty for their role in preserving peace and justice in their country.

The SSCRA will provide enough elbow room for the military personnel to be given extended deadlines for payments, foreclosures and mortgage transactions when they are in the line of duty. Though not all veterans are given the privilege of being under the protection of the SSCRA; some criteria and requirements must be met for both the transaction and the personnel before they are granted protection.

SSCRA and Interest Rates

Veterans on active duty who are unable to pay financial obligations such as mortgages and who are facing foreclosure may then invoke the protection of the SSCRA to avoid such problems. Qualified debts are those incurred prior to service men coming into the line of duty. Also, the request will only be valid if the personnel are in the line of duty when the request was made which limited them from settling the said obligation.

When qualified, the service man needs to send a letter to the lender requesting that their interest rate be capped to 6% according to the provision stated in SSCRA. Also, they may need to send a photocopy of the military order to the lender as proof that they are on military duty as stated in their letter of request.

SSCRA and Foreclosures

The SSCRA also covers the military personnel under the obligation of a mortgage, trust deed or security of property for any financial obligation. The SSCRA simply states that the personnel are valid for protection under the SSCRA if the obligation and the property were done prior to their military service.

The provision states that prohibition of foreclosure or sale of mortgage property without the presence of the borrower, the military personnel in this case, whether in a judicial or a non-judicial foreclosure. It is also stated in the SSCRA that maturity dates and deadlines will be given an extension when the military personnel is in active duty until they are released from their given designation.

Even if the maturity date or the date of foreclosure is extended due to the military personnel's inability to pay, the court will try to achieve a compromise agreement from both parties requiring the mortgage lender to pay at least half of the amount due while the mortgage holder extends the deadline or put a stay on the foreclosure or sale of the property.