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Avoiding foreclosure
Dear Debt Adviser:
We bought a home in the Dallas-Fort Worth area a year ago
January. The following March my husband lost his job, and it was
six months later that he got another one in a different state. We
were able to lease the house in Dallas and move and buy a new home.
Our tenants are going to be moving out soon and we are putting the
house back on the market for a higher price than similar houses
in our neighborhood or trying to lease it again.
I am worried that we won't be able to sell it or lease
it again. We have had excellent credit up to the present. What would
happen to our credit -- and us -- if we let the house in Texas go
back to the bank? Thank you.
Beth
Dear Beth:
A foreclosure is surpassed only by bankruptcy as the worst
item to be included in a credit report.
But there is another consideration that is not credit
report related. In terms of personal stress and a sense of failure,
loss of a home is certainly one of the worst things a family can
experience. There are very real emotional and self-esteem ties to
a home that get damaged with a foreclosure. The damage can last
for years and even cause marriages to suffer.
The short answer to your question is that your credit
rating would take quite a hit from a voluntary foreclosure, and
that black mark will remain on your credit report for seven years
from the date of foreclosure. As a result, it would be very difficult
for you to obtain credit for another large purchase and any credit
you could get would likely be at a much higher interest rate and
with a higher down payment than with your current excellent credit
standing.
I believe you are on the right track by attempting
to sell or lease your home in Dallas. You state that you are putting
the house on the market for a sale price higher than similar houses
in your neighborhood. Unless you need that higher price to satisfy
the mortgage loan, I would recommend you ask three real estate sales
people familiar with the neighborhood to give you a fair selling
price and use that number to increase your chances of the home selling.
And even if you do need more money from the sale, it may give you
information that will make it easier to work out a payment plan
with your lender for the difference between the sale price and your
mortgage, than to continue making payments while your house is on
the market.
Unfortunately, in this time of corporate layoffs and
a sluggish economy, you are not alone. Many people are experiencing
or are just months away from a foreclosure on their homes. Your
goal should be to avoid a foreclosure. Communicate with your mortgage
lender and let them know your situation. Do this now while you are
current with your payments. The call will be much more difficult
if you wait, and you will get a much better reception if you call
in advance of default. Let them know you are working to sell or
lease the home, but may have difficulty making the mortgage payments
if the house does not sell or lease quickly.
Some options that you can ask your lender to consider
in the event you need to avoid foreclosure include:
- Special Forbearance.
You may qualify for a temporary suspension of your payments if
the lender feels that you are likely to sell your house within
a few months or resume payments once your home is leased.
- Pre-foreclosure sale.
In this type of sale, you may sell the property for less than
the amount that you owe. However, your lender will impose restrictions
on the terms of the sale.
- Deed-in-lieu of foreclosure.
You may be able to voluntarily give back your property to the
mortgage company if you are in default and don't qualify for any
other options, your attempt at selling the house before foreclosure
were unsuccessful and you don't have another mortgage in default.
The plus for the lender is they get a clean, undamaged property
to sell without foreclosure fees and legal expenses. The plus
for you is harder to see -- other than you also avoid those same
costs and aren't tarred with the black mark of foreclosure on
your credit.
Please research all your options carefully, watch
out for those who will try to make money on your misery, and here's
hoping your home sells quickly!
The Debt Adviser, Steve Bucci,
is the president of Consumer Credit Counseling Service of Southern
New England. Visit CCCS
for additional debt
advice or click
here to ask a debt question.
-- Posted: June 13, 2003
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