How to use Third Party Foreclosure
Professionals to solve your Bank or Real Estate Foreclosure Problem
Lenders lose thousands of dollars every month to delinquent
mortgage accounts and because they need to try and recover as much
of that money as possible, many lenders have resorted to using an
internal collections department. Quite often, when you call about
your delinquent mortgage, you'll be transferred to someone whose job
title is "counselor" or "customer care specialist", but this person
is actually the lender's in-house collector. They have only one job;
to get you to pay up. They hear the same old stories so often they
have become callused. They don't bother to really look at your
situation, they just assume you are a deadbeat and treat you that
way. Bottom line: they are not going to help you save your
home!
A word of caution about third party
assistance.
Legitimate Third Party Foreclosure Assistance
Filing Bankruptcy Option
These in-house collectors are paid and earn huge bonuses based on
their ability to collect money. Collectors that do not produce are
terminated which explains why they demand payment in full and will
accept nothing less. To back up the collector's efforts,
most lender's policy is to return any payments that are less than
the full arrears. Even cashier's checks are returned. If
you do not pay the full arrears, the lender will file foreclosure
paperwork in the hopes that the threat of losing your home will
force you to somehow come up with the money. If you fail to pay they
simply complete the foreclosure and get their money anyway.
Perhaps the hardest obstacle to overcome is convincing the
mortgage company to work out an alternative payment plan. In a
recent survey, more than 80 percent of homeowners, who were
delinquent, said their lender refused ANY plan except full payment
of the arrears. They were told to either pay up or lose the
home through foreclosure - no mercy! If this describes your
situation, then a Third Party Foreclosure Professional is your best
option.
Third Party Foreclosure Specialists can save your home using a
variety of legal strategies that can delay foreclosure until work
out solutions are implemented. Lenders show respect when they
discover you have hired an experienced foreclosure professional that
knows how the process works, understands your state laws, and speaks
the bank's language.
Up A word
of caution about third party assistance. Not all "so-called" specialist
have your best interest in mind.
As soon as the foreclosure legal notices are filed, your foreclosure
becomes public record! This means that within hours, that's
right--hours, you'll receive calls from people promising to save your
home. Everyone will go out of their way to appear as helpful and
unbiased as possible. Some of these may be very legitimate offers but
before doing anything consider the following:
Watch out for people posing as foreclosure specialists who are
actually nothing more than marketing specialists for bankruptcy
attorneys. They convince you to declare bankruptcy and of course
just happen to have a referral to a local bankruptcy attorney. In
some situations, bankruptcy might be a solution but before filing it
you should know how it works, the advantages and disadvantages to
filing, and what other options are available to save your home. DO
NOT rush into any decision but especially filing bankruptcy.
File your own bankruptcy - Learn more here...
Watch out for so-called "investors" who understand how you feel!
They take advantage of your frustration and convince you that you
have no way out of the situation except to sell the home to them for
exactly what you owe on it. They will hope that you are so stressed
out by the whole thing that you just "want out" and will willingly
sign over ALL of your equity to them. If you have equity in
your home, don't lose it by panicking! Consider ALL options before
signing anything!
If anyone calls you offering a sale/leaseback scheme--hang up
immediately! This scheme involves signing over your house to an
investor and then leasing or renting it back with an option to
repurchase it later. This type of situation is ALWAYS structured to
favor the investor and usually costs you a great deal in the end. If
you want to try this option, get professional help when evaluating
the paperwork. Use an attorney or other profession that is NOT
recommended by the investor!
Foreclosure Consultants: The key word here is consultant!
Companies pay consultants millions of dollars every year to
look over their process and recommend a solution. Keep in mind that
consultants do not actually do any of the work they recommend--they
are just a middleman. The same principle applies here. Most
foreclosure consultants promise to solve your foreclosure problem
and may even promise to perform negotiations but, after charging an
arm and a leg, they just refer you to their clients; investors,
mortgage brokers and bankruptcy attorneys. In the end, you end up
with no solution and worse off than when you started! These types of
companies are difficult to spot so be sure and ask for references
and check with the BBB. Look over all paperwork carefully before
signing or paying anything!
Equity Skimming: This is an outright scam! Con
artists promise to bring your delinquent mortgage current and
perform any foreclosure resolution services. They convince you to
sign a quitclaim deed by telling you that they'll let you pay a
reduced monthly "rent" payment. This seems like a perfect solution
because it supposedly frees up more funds for your other bills. In
reality, the equity skimmer collects rent from you without ever
performing any foreclosure resolution services or bringing your
mortgage current.
They continue to collect rent while allowing the lender to
foreclose. You are not aware of any of this because you signed the
home over to them thus the legal foreclosure notices go to the scam
artist not you. The first you'll know anything about it is when the
house is suddenly sold at auction.
Here's the real kicker; you're still responsible for any portion
of the mortgage not covered by the sale of the property. Although
State laws vary on how this issue is treated, the lender can usually
obtain a deficiency judgement for the difference between what they
collected at the auction and the total amount owed including
arrears, attorney fees, court and auction costs. This deficiency
judgement is levied against you, not the equity skimmer.
Up Legitimate
Third Party Foreclosure Assistance
First and foremost, your third party professional must be
familiar with all major workout solutions and have YOUR best
interest in mind. You should not be pressured toward
bankruptcy, investors or any particular mortgage company.
Professional foreclosure specialist don't push just one standard
solution. They explain your options, recommend the best solution and
then, give you plenty of time to digest the information and make a
decision. Before hiring anyone, check out their reputation with the
national and local better business bureaus and read this
third party caution.
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