When facing imminent foreclosure due to unpaid debts to your creditors, then it is a good time as any to seek the help of professional who can help you to stop the foreclosure on your home.  Some of the professionals that you can consider using to stop home foreclosure include, real estate lawyers , foreclosure consultants and even your financial planner may be able to provide you with advice when facing a foreclosure.

Real Estate Lawyers

Considering the business that is attributed to mortgage and foreclosure, we can safely say that there's a battalion of professionals that can easily get you out of a tough situation when facing foreclosure. Though their fields of expertise might vary, they still aim for the same goal which is to help you in solving your problems. One such professional are Real Estate Lawyers.

These individuals are well versed when it comes to real estate laws, foreclosures and mortgages of real estate, as well as buyers, rental and sellers of real estate properties. These lawyers represent the interest of the debtor, borrower or mortgagor, when it comes to dealing with possible foreclosure on their immovable property. Real estate lawyers are well versed when it comes to various intricacies of the statutes of law when it comes to foreclosure on real estates.

They can provide legal counsel on what possible solutions are there to protect your property from foreclosure; able to communicate directly with the lender and negotiate on possible agreements that will save your property while maintaining the best interest of both the mortgage company and yourself.

Despite actions taken by the borrower which will result in the decision to sell off the property to pay off the debts, real estate lawyers can help you with the process of the sale as well as providing information on market values regarding the said property.

Foreclosure Consultants

When facing imminent foreclosure from a mortgage company, it is always good advice to visit a foreclosure consultant. These professionals specialize in foreclosure scenarios and are quite knowledgeable in looking for ways to avoid the situation.

Foreclosure consultants have the foreknowledge in stopping or postponing a foreclosure sale by the mortgage company. A way of assisting you is obtaining forbearance from any creditor or mortgagee, and can help you exercise the right of reinstatement. They can also help you out by extending your deadline or maturity date to avoid foreclosure on your property and make the payments easier.

These professionals can also provide assistance in applying for a promissory note, acceleration contracts secured by deed of trust or mortgage. They can also help you out by obtaining advance loan or funds from other sources to help you in your payment. Using their contacts to various lenders in the country, they can give you advice regarding which company is open for refinancing as well as the best deals in the process.

Since the borrowers or debtors credit is in the line, they can help you out when your credit is being impaired due to the notice of default or the conduct of the foreclosure sale issued by the court in request of the lender or the mortgage company.

DIY Approach

It is quite true that hiring professionals like real estate lawyers and foreclosure consultants to help you out with your financial problem might prove costly but considering their line of work and expertise, they are there to help you solve your foreclosure problems.

But if you are on the thrifty side and decide to learn about all the intricacies of the problem on your own to save on the extra cost on hiring these professionals then it could prove to be a daunting task, but not impossible.

The Internet is a good source of information regarding foreclosure and mortgage. Some sites offer tips on how to avoid a foreclosure while some offer definite solutions to get rid of it entirely. Though finding the right site with the perfect information could be painstakingly hard, you can find the right one with a little determination and patience.

Another way to research on your problems regarding foreclosure is to visit forums about it and ask different users regarding their views on the matter. Not only will they be able to provide first hand experience on their dealings with foreclosure, they might provide you with in-depth information on how to deal with it; all-in-all you might be able to find the perfect solution for your needs.

Most lending institutions today prefer the process of a Non-Judicial Foreclosure since it doesn't have any complications or legal proceedings attached to it. Simply put, this kind of foreclosure is between both the lender and the borrower.

What is a non-judicial foreclosure?

Non-Judicial Foreclosure is a type of foreclosure without any court intervention. As defined above, this kind of foreclosure is simply between the lender and the borrower, or other persons with connections to the transaction like a mortgage broker or a financial adviser.

When the mortgage has reached its maturity date and the borrower has yet to fulfill the payment of the debt, then the lender will send a Notice of Default informing the borrower that the deadline for the said mortgage has elapsed.

If the borrower did not comply with the Notice of Default then the lender may now issue a Notice of Sale to the borrower, auction houses, and public notices that the property is now foreclosed and will be sold to the highest bidder, usually in cash equivalent.

Notice of Default

Once the borrower has failed to pay the debt within the said deadline then the lender will issue a Notice of Default to the debtor. The notice states that the recipient of the letter has not paid their dues in the stated deadline. The letter will also contain a small extension of the deadline for the debtor to pay the obligation.

If the payment is not made within the deadline stated in the notice, then the lender may issue a Notice of Sale to the borrower, the public, or to those connected to the transaction that the property is now foreclosed and is open to a public auction.

A Trustee Sale Guarantee will be requested by the trustee from a title company; the TSG will give assurance to the various liens and encumbrance against the property. The TSG will also contain the parties to receive the Notice of Default.

The 3-months Reinstatement Period

Before the Notice of Sale is issued to the borrower and to the concerned public, a reinstatement period of 3 months is stated by law for the borrower to reinstate the loan. During this period, the borrower may communicate directly with the lender to try to either extend the loan or to pay it in full to avoid a foreclosure.

Notice of Trustees Sale

During this 21-day publication period, a Notice of Trustees Sale will be issued indicating the place and time of the actual auction of the foreclosed property. The notice is usually published in the local newspapers or in public notice areas. The Trustees Sale will also contain information about the foreclosed property as anything in it that the trustees wishes to auction off to pay the debt.

After the 21-day period, the property is now eligible to be sold in public. The property will be auctioned off to the highest bidder. But 5 days prior to the date of sale, the borrower may reinstate the loan or postpone the sale if he or she deems it necessary.

Time Frame

It is important to know the time frame for the different processed of a non-judicial foreclosure; this will give you an important edge either in reinstating the loan or trying to catch up with the payment deadline.

The Notice of Default (NOD) will be issued once the maturity date of the loan is reached and the borrower did not pay any of the obligations owed. When the NOD is mailed off to the concerned parties, a 3-month reinstatement period is given as an opportunity for the borrower to renew the mortgage to avoid the foreclosure.

After the reinstatement period, a 21-day publication period of the Notice of Sale is sent of to the newspapers to inform the public of the auction time, date and place. The Trustees Sale will contain all the information of the said auction; this includes the time, place, information on the property and all other assets within it that is auctioned off.

After 5 days prior to the published sale date, the borrower will have another opportunity to reinstate the loan or pay off the remaining debt to avoid the foreclosure of the said property.

Non-Judicial Foreclosure occurs without any court intervention and, this kind of foreclosure is simply between the lender and the borrower, or other persons with connections to the transaction like a mortgage broker or a financial adviser. It is preferred by lenders as it provides the mortgage lender with a greater degree of control, in many instances it would suit the borrower as well as the lender has an incentive in getting the best price for the property, thereby limiting the lender’s credit exposure.

The actual process may vary from State to State and you should find out what the exact process is in your State. Some states require a Notice of Default while others start the process with The Notice of Sale. Read the rest of this entry »