With
the recent passing of the California Homeowners Bill Of Rights, mortgage
lenders in California were mandated to offer distressed homeowners an alternative
to foreclosure as part of the banks restitution in the lawsuit by the state.
Many
distressed homeowners were given loan modifications in lieu of foreclosure even
if they did not qualify previously. These homeowners had already applied for a
loan mod and were declined by the same litigators. So why would they allow the
loan mod again? The answer is because the state mandated they do. If a
homeowner could not afford to pay a loan modification prior, how would they be
able to now? Well, they can’t. And that’s why over 56% of these loan mods and
homeowners have already re defaulted on their mortgage again.
In
trying to help these distressed homeowners, the state has actually just
prolonged the agony and inevitable of foreclosure for these families. Now these
families will have to again seek alternatives to foreclosure. After exercising
a loan mod, there are not many options left and should elect to short sale their
home. An alternative that should have been done much sooner but wasn’t due to
this mandate.
A
short sale should be used in lieu of foreclosure all the time. The short sale
option will salvage your credit and give you a much quicker recovery from your
misfortune. In most cases if you short sale your home and continue to pay on
time your other creditors, in 18-24 months you should be able to buy another
home. With foreclosure a family is looking at 5 years to recover and the
foreclosure can haunt them and remain on their credit report for up to 10 years.
If
you are a distressed homeowner and have been considering a short sale or are in
the middle of the process and your bank offers you a chance to get a loan mod
even when they turned you down in the past. Make sure you weigh all the
possibilities. If you know you will not be able to make the payments you may
not want to prolong the inevitable. Your recovery starts as soon as you take
the steps towards a recovery option such as a short sale.
There
are many benefits to a short sale; especially tax wise, such as the debt relief
act extended to 2014 insures you will not have to pay taxes on the amount
forgiven. There are qualifications for this, but most will take advantage of
this. Always discuss all the aspects of a short sale with your agent before you
agree to enter into the agreement.
Make
the right choice for your future. Too many distressed homeowners have blinders
on and only look at the short term. Loan mods last 3-7 years, you must look at
your future past 7 years and base your decision on where you want to be in 3-7
years. That is the real deciding factor!
For More Information Contact
Jerry Gusman
888-213-4208
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