Everyone can
face Financial Difficulties at some
point of their lives. Financial
difficulties can be the result due to
various reasons. Some of them could be:
-
Health problems
-
Market changes
-
Family member death
-
Rising Mortgage payments
- Job
loss
-
Divorce
-
Medical bills
You name
it, it can be anything. But when
financial difficulties arise, the
thought of losing a home is unbearable
and we find ourselves stressed and under
pressure. Most of us would soon lose our
cool and start panicking. Life is not
always easy or fair. But the good news
is that you do have a solution.
Do not
get nervous yet, you do have options to
stop or avoid Foreclosure like real
estate investors who buy houses fast,
mortgage refinancing, loan modification,
to name just few.
You need
to understand what Foreclosure is and
what to expect.
When you
purchased your home, most likely you
took out a home loan. Two parties are
involved in the buying home side: you
(the mortgagor) and the lender (the
mortgagee). You own the home, and the
mortgagee holds a lien on the property
until the mortgage is paid off. In the
event that you cannot make your mortgage
payments, this security interest (i.e. a
lien on the property) gives your lender
the right to foreclose and auction off
your house and keep the proceeds in
order to recover its investment and
assume ownership of the property. The
process by which the lender assumes
ownership is called Foreclosure. In case
your property cannot be sold for what is
owed, a deficiency judgment could be
pursued against you. Both a foreclosure
and a deficiency judgment could
seriously affect your ability to qualify
for credit in the future.
Some
states use a deed of trust, and that
serves the same purpose as a mortgage
but actually involves more parties: you,
the lender, and a third party who holds
the temporary title on the home until
the full balance is paid. In this
foreclosure process, the trustee - the
third party - will be selling your home
when you become delinquent. The
difference between deeds of trust and
the mortgages is that if there is a
mortgage, the foreclosure has to be
processed through the court system and
with a deed of trust, the foreclosure
will be done through a court system, but
mainly with the help of a third party -
the trustee.
In
Georgia, the Foreclosure process begins
when the homeowner fails to make
payments of the money due on the
mortgage at the appointed time. This may
be due to any of the reasons mentioned
in How to Stop Foreclosure section and
more. This is a way to enforce payment
of the debt secured by a mortgage and
take and sell the estate. The goal for
you, borrowers, and lenders is to seek a
compromise - for you to keep the home,
the lender to keep receiving mortgage
payments. But you do not need go through
this process, you can sell your house in
several days (this is true, you just
need to find investor who can buy fast)
and be worry-free.
Foreclosure process typically starts
with a formal demand for payment which
is usually a letter issued from the
lender. This letter of notice is known
as a Notice of Default (NOD). Usually
the lender will issue this notice when
the homeowner has been 3 months
delinquent on the mortgage payments.
This notice is a threat to sell your
property, terminate all your rights in
that property and evict you from the
premises. Generally, after the court
announces a foreclosure, your home will
be auctioned off to the highest bidder.
However,
you may redeem the property by paying
the purchase price (including interest),
the foreclosure costs, and the
purchaser's expenses in maintaining and
operating the property within 180 days
after the house is sold. You have to
file a notice no less than two days and
not more than thirty with the sheriff to
redeem your house.