Foreclosure

It takes at least 6 to 8 months for a fore- closure lawsuit to go from summons and complaint to auction — even if you ignore the court case. In reality, however, the process is taking much longer. If you file an Answer and appear at the mandatory settlement conference, it is taking lenders 1 to 3 years to foreclose.

In New York, the pre-foreclosure process lasts at least 120 days.

Foreclosure occurs when a homeowner defaults on a mortgage, transferring ownership from the homeowner to the lender or bank.

Foreclosure is initiated when a homeowner misses mortgage payments, leading the lender to repossess and sell the property to recoup losses, as mortgage loans are secured by real estate.

You have a right to avoid foreclosure if you repay your loan in full at any time prior to the sale of your home, or if you negotiate a settlement with the plaintiff. You don't have to do it yourself just send us an email or call us today and we will handle it for you.

Loan Modification

A loan modification adjusts existing loan terms, like interest rates or duration, to make monthly payments more affordable for borrowers, often requiring negotiation and proof of financial hardship.

Loan modification eligibility hinges on lender and borrower specifics. Typically, proof of financial hardship, such as income loss or increased expenses, is required, along with documentation for income, expenses, and hardship for evaluation.

Loan modifications offer benefits like lower payments, reduced rates, manageable terms, and foreclosure avoidance, providing relief for homeowners in financial distress.

Potential loan modification drawbacks include negative impacts on credit scores, increased interest payments due to extended terms, and default risk if payments cannot be maintained. Not all borrowers qualify, and fees may apply.

Loan modification approval timelines vary based on factors like lender processing, application completeness, and borrower financial complexity. Generally, it can take weeks to months for a decision. Typically, the bank takes 30 days to review the package, followed by an additional 40 days for investor assessment, totaling up to 3 months.

Whether a loan modification is a good idea depends on the individual borrower's circumstances. For borrowers experiencing financial hardship and struggling to make mortgage payments, a loan modification can provide much-needed relief and help avoid foreclosure. However, borrowers should carefully consider the potential benefits and drawbacks of a loan modification and explore alternative options before making a decision.

If you are located in Nassau or Suffolk County, you can contact Equity Help for assistance with your loan modification request.

Forbearance

Mortgage forbearance lets borrowers temporarily pause or reduce payments due to financial hardship. They typically don't make full payments during this time, but interest may accrue. Missed payments are often added to the end of the loan or repaid in installments afterward.

If you are located in Nassau or Suffolk County, you can contact Equity Help for assistance with your request for forbearance.

Missed mortgage payments during forbearance are handled based on the agreement terms and lender policies. They may be added to the end of the loan, extending repayment, or repaid in full or installments afterward. Understanding your agreement terms is crucial to avoid surprises at forbearance's end.

Forbearance itself typically does not directly impact credit scores, as it is an agreement between the borrower and lender to temporarily adjust payment terms. However, if the lender reports the forbearance to credit bureaus, it may show up on your credit report as a "payment arrangement" or "deferment." While this notation alone may not lower your credit score, it could affect your ability to obtain credit in the future, as lenders may view it as an indicator of financial hardship.

After forbearance, borrowers usually have options to address missed payments and resume regular mortgage payments, like repayment plans, loan modifications, or refinancing. Contact your lender before forbearance ends to discuss available options based on your finances.

Short Sales

A short sale occurs when the property's sale proceeds are less than the outstanding mortgage balance. It's used when homeowners can't afford mortgage payments and owe more than the property's market value. Rather than foreclosure, the homeowner sells with lender approval, and the lender accepts less than the owed amount.

A short sale can affect your credit score, typically less severely than foreclosure. Impact depends on factors like credit history and lender reporting practices. It may lead to a notation on your credit report showing the mortgage settled for less, potentially lowering your score for up to seven years.

The steps involved in a short sale process typically include: Contacting the lender to request approval for a short sale, Providing documentation of financial hardship and the property's market value, Listing the property for sale and finding a buyer, Negotiating with the lender to accept the sale proceeds as full satisfaction of the mortgage debt, Closing the sale with the lender's approval

Defaulting on mortgage payments is a common reason for a short sale, but not always required for qualification. Lenders assess factors like financial hardship, property value, and the borrower's ability to continue payments when evaluating a short sale request.

Short sale tax implications hinge on factors like the homeowner's finances, forgiven debt amount, and tax regulations. Generally, forgiven debt may be taxable income by the IRS, but exceptions like the Mortgage Forgiveness Debt Relief Act (MFDRA) exist. MFDRA allows eligible homeowners to exclude forgiven mortgage debt from taxable income under certain conditions. Consult a tax professional to grasp your short sale's specific tax implications.

Sales

Property market value can be established through a Comparative Market Analysis (CMA), comparing recent sales of similar properties in the area. Alternatively, hiring a professional appraiser can provide an assessment based on factors like location, size, condition, and amenities.

Selling a property often involves various costs, such as real estate agent commissions, closing expenses (like title insurance, attorney fees, and transfer taxes), home repairs or renovations for sale preparation, and settling any outstanding mortgage balance or liens at closing.

Property sale duration varies based on factors like local market conditions, property condition, asking price, and marketing strategies. On average, it can take a few weeks to several months to sell a property.

Property can be sold through various methods:
  1. Listing with a real estate agent.
  2. Direct sale to a buyer without an agent (FSBO).
  3. Auction.
  4. Sale to an investor or cash buyer..

When selecting a real estate agent to sell your property, prioritize factors like their local market experience, track record, marketing tactics, communication style, and commission structure. Interview multiple agents and request references from past clients to find the best match for your requirements.

A mortgage modification entails permanent alterations to the loan terms for long-term relief, whereas forbearance is a temporary agreement allowing borrowers to pause or reduce mortgage payments until their financial situation improves.