How to Avoid Losing Your Arizona Home Through Foreclosure by Phoenix real estate agent, Sam Elam

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Prevent Phoenix, Gilbert, Chandler & Mesa Foreclosures

A significant number of Arizona homeowners find themselves in the impossible position of not being able to make their monthly house payments - often due to job loss, divorce, illness and recent huge subprime loan interest rate adjustments.

Make Home Affordable to help owners of Phoenix homes save their homes from becoming foreclosed Phoenix homes (logo)
Are you unable to make your house payment or think you will be having problems in the future. See what government programs are available to help you keep your home. You can to refinance when the current value of your home is 20% below your current loan amount. You may also be eligible for a loan modification. See what you are eligible for now.
http://www.makinghomeaffordable.gov/about.html

Don't feel hopeless and alone and think your only option is to walk away from your home and let it become one of many Arizona Foreclosures. Lenders accept 16 hardships as justification for finding an alternative to foreclosure including loan modification of your current loan or accepting less than is owed in a Short Sale (explained) at close of escrow. 

The best course of action is to review your budget, decide where cuts can be made and what assistance you require from your lender to be able to pay your mortgage and all other debts before you or your counselor call your lender to negotiate modified home loan terms.

I work with attorneys who will provide legal counsel and negotiate a short sale or loan modification for you. The Arizona Attorney General has released this
Arizona Foreclosure Prevention Workbook to familiar you with the foreclosure process, terms, timelines, options available to you, avoiding scam artists preying on you and what to expect.

It is in everyone's best interest to avoid foreclosure. If you feel uncomfortable calling your lender, don't ignore the problem. There are trained professionals you can read about who will
negotiate mitigated or modified home loan terms on your behalf or call me to direct you to trustworthy professionals I know who will give you honest, responsible advice.

For a list of approved housing counselors go to the U.S. Housing and Urban Development (HUD) web site so you won't find yourself with a foreclosure prevention company that may charge high upfront fees.

Be prepared to an answer your lender's question about how you propose to eventually pay off the loan. You're better off coming in with an initial proposal. At least you've opened the door to negotiation.

If you think that your financial strain won't last long, ask the lender for forbearance, or postponement of payments, for a couple of months until you get back on your feet.

But if the payments are too high or will be too high, ask the lender to extend the loan for another five years to reduce the monthly payment or adjust the interest rate if a reset is coming up.

If you are unable or forsee you won't be able to make your loan payments and no workout is possible, it may be appropriate to try to avoid foreclosure with a short sale or pre-foreclosure sale. The lender typically wants the sale to cover what you owe on the mortgage, but a lender may be willing to accept a lesser amount to satisfy the mortgage and pay closing costs as long as your hardship is deemed worthy of their payoff concession. Read the Arizona Association of REALTORS in conjunction with the Arizona Department of Real Estate Arizona Short Sale Seller Advisory and then seek the advice of a qualified tax attorney at little to no cost before you act.

Worried you can't afford your home? We need to talk!
If I can't help, I will find someone who can.

Contact Sam at 480-213-1799 or via email at
Sam@SamElam.com

Your Certified Short Sale and Foreclosure Resource

Sam Elam, Certified Short Sale and Foreclosure Resource - SFR (logo)


PHANTOM TAX from MORTGAGE DEBT FORGIVENESS:
Before October 2007, distressed homeowners, who lost their home through Foreclosure or were forced to sell their home for a sales price below an amount needed to repay their mortgage and pay closing costs, had to pay income tax on the amount of their mortgage debt forgiveness.

WHAT TO DO: Here are some options that lenders can use to help you catch up on your mortgage payments. While all these choices apply to mortgages insured by the U.S. Department of Housing and Urban Development/Federal Housing Administration, most are worth at least asking a conventional lender about.

SPECIAL FORBEARANCE:
Your lender may be able to arrange a repayment plan based on your new financial situation and may even provide for a temporary reduction or suspension of your mortgage payments.

You may qualify for this if you've recently had a reduction in income or an increase in living expenses. But you'll have to furnish information to your lender to show that you would be able to meet the requirements of the new payment plan. 

LOAN MODIFICATION:
You may be able to refinance the debt or extend the term of your mortgage. This may help you catch up by reducing the monthly payments to a more affordable level.

PARTIAL CLAIM:
If your loan is insured by the FHA, your lender may be able to work with you to obtain a one-time payment from the FHA insurance fund to bring your mortgage current. You may qualify if your loan is at least four months delinquent but no more than 12 months late and you're able to begin making full mortgage payments.

PRE-FORECLOSURE OR SHORT SALE:
This will allow you to avoid foreclosure by selling your property for an amount less than the amount necessary to pay off your mortgage loan. You may qualify if the loan is at least two months delinquent, you're able to sell your house within three to five months, and a new appraisal shows that the value of your home meets HUD program guidelines.

DEED IN LIEU OF FORECLOSURE:
As a last resort, the lender may be willing to take back your home and sell it. That won't save your home, but it wouldn't be as damaging to your credit rating as a foreclosure.

OTHER RESOURCES:
Homeowners should contact a HUD-approved housing counseling agency. You can find the one nearest you by calling toll-free 1-800-569-4287.

The agencies have information on services and programs offered by government agencies, as well as private and community organizations that can help. The services are usually free. 

HUD's Web site --
http://www.hud.gov/foreclosure/index.cfm   -- has information on how to avoid foreclosure.

WHAT NOT TO DO:
It is your problem and no one cares more about you and your situation than you do. Stay involved - even if you have hired help - and protect yourself.

If you're having difficulty paying your mortgage, don't let scam artists capitalize on your distress. The most prevalent scheme is what's called "equity skimming." A "buyer" approaches you, offering to bail you out of financial trouble by promising to pay off your mortgage or give you an amount of money when the property is sold. The foreclosure rescue scams come in three types:

PHANTOM HELP:
Beware of scammers preying on you when you need information and help the most! This U.S. Treasury 
Mortgage Scams Consumer Advisory
will help you identify those who are there to help you and who are not.

The "rescuer" charges outrageous fees either for phone calls and paperwork the homeowner could have easily performed, or on a promise of better representation that never occurs.

The homeowner is usually left without enough assistance to actually save the home but with little or no time left to prevent this grievous loss by the time she or he realizes it.

BAILOUT:
This scenario includes various schemes under which a homeowner surrenders title to the house, believing that he or she will be able to rent the home and buy it back in the next few years.

Scam artists sometimes tell the homeowner that giving up the title is necessary so that someone with a better credit rating can get new financing to prevent foreclosure.

However, the terms of those deals are so onerous that a buyback becomes impossible.

BAIT-AND-SWITCH:
This is where a homeowner doesn't realize that he or she is surrendering ownership of the home.

Many homeowners later insist that they believed they were only signing documents for a new loan to make the mortgage current. Many also say they had made it quite clear they had no intention of selling or giving up their home to anyone.

Common Real Estate Terms 

My Phoenix Home Seller Sales Guide has other seller tips and additional resources available to assist you with your home sale.

Sam Elam, Certified Short Sale and Foreclosure Resource for Phoenix homeowners in financial mortgage distress (logo)
Sam Elam
Phoenix Real Estate Agent and Arizona Associate Broker
Full time Phoenix REALTOR® since 1990
ABR, CRS, GRI, e-PRO
Prudential Arizona Properties
3701 E. Baseline Road, Suite F-102, Gilbert, AZ 85234


 (480) 213-1799  Cell
     (480) 467-4900  Office
           (800) 592-3360 Toll Free 

Sam Elam - Phoenix Real Estate agent specializing in Phoenix real estate investment, Phoenix luxury homes, Arizona active adult communities and Phoenix residential real estate.Email Sam your Phoenix real estate questions for expert advice.

Prudential Arizona Properties serving:

 • Cave Creek  • Chandler  • Gilbert  • Mesa  • Fountain Hills  • Phoenix - Biltmore  
• Scottsdale - Kierland   • Scottsdale - Pinnacle Peak  • Peoria
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