Friday, September 25, 2009

Options when Facing Foreclosure in California


By John Barber

California foreclosure has been a recurrent topic in the media over the last 24 months for this reason residents of CA should take special care to recognize financial issues prior to their unfortunate arrival. California as a state entity functions under a term of trust sale meaning that a home owners mortgage company can start the process of foreclosure once you become delinquent (receive a notice of default). The mortgage company does not need to provide any more than simple evidence of your missed payments to move forward with an auction and thus foreclosure. Due to the aforementioned it is best to be assertive and communicate with your lender quickly and regularly in an effort to avoid the above from taking place. This article may be considered a guide to stop foreclosure in California.

Restore: Restoring the loan is the best way to avoid foreclosure. If so required take a personal foreclosure loan from your family or friends or liquidate some property you own to purchase some time prior to the NOD period of 90 days.

Another practical step that will seem obvious is to call and chat with your lender regarding your loans terms and particulars. Many banks are willing to work with you and will do so happily if it means they can retain your business and in doing so avoid another CA foreclosure.

Third, you should attempt to refinance the loan through other parties, which may be excited to add your business if terms can be agreed upon.

Yet another option is to request forbearance, which may entail a fee but help you catch up on your payments instead of experiencing foreclosure. Also ask for reduced monthly loan amounts for a period of time so you can catch up.

Setting up a partial claim, which is similar to forbearance, however it differs in that your lender takes the amount you have missed from the loan and creates another loan that is paid after the other one is paid.

As to other options to lower the foreclosure risk in California one should realize that they are not as helpful as those above and often involve methods that necessitate you giving up or selling your home at a loss, but simultaneously keep your credit score from going down, a plus no doubt.

They are: Deed instead of foreclosure Sell off your home Opt in for a short sale Apply for bankruptcy Pay off the loan

No matter your particulars be proactive. Take action rather than sitting around and waiting for the worst case scenario. Foreclosure in CA is a common theme unfortunately and therefore you should feel little guilt and shame. Keep up your correspondence with the lender. Utilize one of the options listed above!

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