Several options exist for a homeowner who is experiencing a financial hardship and facing foreclosure. Benefits and potential consequences accompany each option so it’s important that an experienced professional walk you through each option so the best course of action can be determined. A "short sale" is the only option for most distressed homeowners these days, but there are alternatives. I've listed 7 alternatives that every homeowner should consider prior to initiating the short sale process.
1. Pay Off
The homeowner can pay off the loan in its entirety. It’s an obvious option, but typically not feasible for those experiencing financial hardship.
2. Bring Payments Current
Again, it’s an obvious solution, but it too is typically not realistic for those experiencing financial hardship.
3. Loan Modification/Refinance
A Loan Modification is a permanent change in one or more of the terms of a mortgagor's loan, allows the loan to be reinstated, and results in a payment the mortgagor can afford. They are commonly pursued by distressed homeowners as a first option, but they are rarely successful, and if they are, they almost never result in a long term solution. Read more here.
4. Deed-in-Lieu
A Deed in lieu of foreclosure is a deed instrument in which a mortgagor (i.e. the borrower) conveys all interest in a real property to the mortgagee (i.e. the lender) to satisfy a loan that is in default and avoid foreclosure proceedings.
Customarily, the deed in lieu of foreclosure offers several advantages to both the borrower and the lender. The principal advantage to the borrower is that it can immediately release him/her from most or all of the personal indebtedness associated with the defaulted loan. The borrower also can avoid the public notoriety of a foreclosure proceeding and may receive more generous terms than he/she would in a formal foreclosure. Advantages to a lender include a reduction in the time and cost of a repossession, lower risk of borrower revenge (metal theft and vandalism of the property before sheriff eviction), and additional advantages if the borrower subsequently files for bankruptcy.
This is typically how it is proposed by the bank, but our experience in the current market shows us that a deed in lieu is still a foreclosure (which is last resort).
5. Forbearance Agreement
A forbearance agreement is a special agreement between the lender and the borrower to delay a foreclosure. The literal meaning of forbearance is “holding back.”
To avoid foreclosure, the lender and the borrower can make an agreement called "forbearance". According to this agreement, the lender delays their right to exercise foreclosure if the borrower can catch up to his payment schedule in a specified time. This period and the payment plan depend on the details of the agreement that are accepted by both parties.
Forbearance is usually for temporary financial problems. If the borrower has more serious problems, for example if it is a variable-rate mortgage and the interest rate becomes unaffordable for the borrower, then forbearance is usually not a solution.
6. Bankruptcy
Exercising bankruptcy to stop a foreclosure is probably the least-understood and least-desired option for most homeowners. Although it can provide them with the last chance they need to be able to save their homes, it commonly results into no more than gaining a few more months in their homes only prolonging the looming misery of foreclosure. It is true that filing bankruptcy will immediately put foreclosure proceedings on hold, including putting off the sale of the property. At best, however, it's only a temporary "pre-foreclosure" strategy, and credit score recovery from a bankruptcy and foreclosure is a long haul.
7. Do Nothing – Foreclosure
Yes, it is another obvious option. Countless distressed homeowners choose to do just this every day. They simply do nothing. Depending on who you ask, it is said that a bankruptcy will remain on a credit score for seven to ten years. That’s rather common information. What’s not commonly known is that a foreclosure will never come off of a credit report, thus foreclosure should be your very last option.
Sell the Property - Short Sale
If foreclosure is your last option, a short sale should be your second to last. Having said that... more times than not, selling the property subject to short sale approval is the solution that makes sense (let alone the only feasible solution) for the vast majority of property owners. A short sale is a type of sale in which the balance of the loan owed is greater than the property’s current fair market value. Many lenders will agree to sell the mortgaged property at a discount, accept the sale proceeds and forgive the borrower the balance when the borrower can no longer afford the loan’s payments.
Don't fall into the trap that so many distressed homeowners do of waiting until the last minute to explore a short sale as a solution to debt relief. Learn more about the short sale process and if it’s the right solution for you by contacting Seattle short sale real estate agents today.
1. Pay Off
The homeowner can pay off the loan in its entirety. It’s an obvious option, but typically not feasible for those experiencing financial hardship.
2. Bring Payments Current
Again, it’s an obvious solution, but it too is typically not realistic for those experiencing financial hardship.
3. Loan Modification/Refinance
A Loan Modification is a permanent change in one or more of the terms of a mortgagor's loan, allows the loan to be reinstated, and results in a payment the mortgagor can afford. They are commonly pursued by distressed homeowners as a first option, but they are rarely successful, and if they are, they almost never result in a long term solution. Read more here.
4. Deed-in-Lieu
A Deed in lieu of foreclosure is a deed instrument in which a mortgagor (i.e. the borrower) conveys all interest in a real property to the mortgagee (i.e. the lender) to satisfy a loan that is in default and avoid foreclosure proceedings.
Customarily, the deed in lieu of foreclosure offers several advantages to both the borrower and the lender. The principal advantage to the borrower is that it can immediately release him/her from most or all of the personal indebtedness associated with the defaulted loan. The borrower also can avoid the public notoriety of a foreclosure proceeding and may receive more generous terms than he/she would in a formal foreclosure. Advantages to a lender include a reduction in the time and cost of a repossession, lower risk of borrower revenge (metal theft and vandalism of the property before sheriff eviction), and additional advantages if the borrower subsequently files for bankruptcy.
This is typically how it is proposed by the bank, but our experience in the current market shows us that a deed in lieu is still a foreclosure (which is last resort).
5. Forbearance Agreement
A forbearance agreement is a special agreement between the lender and the borrower to delay a foreclosure. The literal meaning of forbearance is “holding back.”
To avoid foreclosure, the lender and the borrower can make an agreement called "forbearance". According to this agreement, the lender delays their right to exercise foreclosure if the borrower can catch up to his payment schedule in a specified time. This period and the payment plan depend on the details of the agreement that are accepted by both parties.
Forbearance is usually for temporary financial problems. If the borrower has more serious problems, for example if it is a variable-rate mortgage and the interest rate becomes unaffordable for the borrower, then forbearance is usually not a solution.
6. Bankruptcy
Exercising bankruptcy to stop a foreclosure is probably the least-understood and least-desired option for most homeowners. Although it can provide them with the last chance they need to be able to save their homes, it commonly results into no more than gaining a few more months in their homes only prolonging the looming misery of foreclosure. It is true that filing bankruptcy will immediately put foreclosure proceedings on hold, including putting off the sale of the property. At best, however, it's only a temporary "pre-foreclosure" strategy, and credit score recovery from a bankruptcy and foreclosure is a long haul.
7. Do Nothing – Foreclosure
Yes, it is another obvious option. Countless distressed homeowners choose to do just this every day. They simply do nothing. Depending on who you ask, it is said that a bankruptcy will remain on a credit score for seven to ten years. That’s rather common information. What’s not commonly known is that a foreclosure will never come off of a credit report, thus foreclosure should be your very last option.
Sell the Property - Short Sale
If foreclosure is your last option, a short sale should be your second to last. Having said that... more times than not, selling the property subject to short sale approval is the solution that makes sense (let alone the only feasible solution) for the vast majority of property owners. A short sale is a type of sale in which the balance of the loan owed is greater than the property’s current fair market value. Many lenders will agree to sell the mortgaged property at a discount, accept the sale proceeds and forgive the borrower the balance when the borrower can no longer afford the loan’s payments.
Don't fall into the trap that so many distressed homeowners do of waiting until the last minute to explore a short sale as a solution to debt relief. Learn more about the short sale process and if it’s the right solution for you by contacting Seattle short sale real estate agents today.
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