Archive for November, 2009

How You Can Stop Foreclosure in Florida

Florida’s courts alone are facing a devastating reality of being overwhelmed with over 290,000 foreclosure filings. This is why there are many people looking to stop foreclosure in Florida.

Although this state is one of the few with lower priced homes, many still fell victim to the subprime mortgages.  When homes were owned free and clear or at a low mortgage, owners decided to refinance, with the influence from mortgage loan officers, and pull out their equity.

This, in turn, raised the price of the home and mortgage payments. These payments then became unaffordable for the owners, which then caused the domino effect.

To stop foreclosure in Florida I would advise you to find a good attorney who specializes in foreclosures. Give them all of your information. Tell them what caused your downfall such as a loss of employment or whatever caused you to fall behind in payments.

Tell them your current financial situation and what, if any, kind of payments you are able to afford now.  The lawyer should be experienced in working with banks as the banks are also overwhelmed with foreclosures and if not handled properly, they will deny your claim.

Do stay away from solicitors that offer to work out your foreclosure for a fee.  Many of these people are just out to take your money. Many of them do not even know how or where to start to stop foreclosures anywhere, let alone in Florida.

Why You Need a Hardship Letter to Stop Foreclosure

You need a hardship letter to stop foreclosure because the bank needs an explanation as to why you fell behind on your payments. They also use this information to determine if your reason is a legitimate one and if you can qualify for a loan modification.

The bank also requires that you give them all of your financial information such as recent banks statements and paystubs.  These documents inform the bank how much you are currently able to afford. They will then determine if it would be in their better interest to continue with the foreclosure and try to sell it, or to allow you to remain in the home.

write hardship letter

When writing a hardship letter to stop foreclosure you need to include the following:

1)      What caused you to fall behind

For example did you have death in the family, lose your job or get a divorce.

2)      What your future plan is

Let them know how you intend to catch up and inform them that you can afford to pay if the payments were at least x amount of dollars lower (x being the amount you need taken off).

3)      List all necessary repairs

You may want to add a couple of things that is wrong with the home. This will sought of put the idea in their heads that the home needs repairs and therefore will not be such an easy sell. That way they would rather let you stay in it then to try to sell it themselves.

Make sure when you write your hardship letter to stop foreclosure that you make the letter as personal and sincere as possible.

Years ago it was a little harder to influence the banks to not foreclose when you got behind, but in today’s terrible economy and with these millions of foreclosures on the bank’s books, they now take any kind of explanation and usually decide in your favor.

Selling Your Home to Stop Foreclosure Sale

It is my understanding that many people in foreclosure status would actually like to do anything they can to stop foreclosure sale.  Most of these people have had their homes for many years and allowed themselves to be duped into refinancing homes that were free and clear.

They also refinanced homes that were at an affordable original purchase amount, but because they may have needed extra money for one thing or another, mortgage reps talked people into getting equity out of their homes to pay for whatever extra expenses they may have had.

Because of this, now these people are unable to pay the higher mortgages on their homes mostly because they were talked into a 2 year arm mortgage. This meant that after two years, the interest on the loan will increase according to the market rates and the mortgage would increase drastically.

This all started the domino effect of the foreclosure boom.

Selling the Home

One way to stop foreclosure sale is to actually sell the home.  I was actually in this situation.

I purchased a home for someone who was losing it. I purchased it in April of 2005 with the intent that the previous owner would pay the current mortgage and repair her credit. After the year was up, she was supposed to buy the home back.

She paid the mortgage up until January of 2006 and then stopped making payments.  I then had to take her to court, evict her (done in March 2005) and then pay the mortgage myself because I could not find a tenant.

By June 2006, I was no longer able to make the mortgage payments for this house as well as my own. Meanwhile, the finance company had began the foreclosure proceedings.

I then put the home up for sale in October after getting my foreclosure notice. Luckily, because I’ve been in real estate for years prior to this, I had a list of clients willing to buy the property.

In November 2006 I had the property sold. Because of this, I was able to stop foreclosure sale and pay off the bank what was owed to them in full and walk away with $50,000 profit.

How to Find Free Government Foreclosure Listings

There are three ways to find free government foreclosure listings in and outside your area. Those three ways are through the newspaper, at your local county clerk’s office and on the internet.

•    Newspaper – the local newspaper that covers your county and any nearby county has special days in which they list foreclosures.  In these listings they give you the county, property address, bank name, borrower’s name and amount owed.  It then gives you the time and date in which the sheriff’s sale will have the auction of the home.

The only issue with this is sometimes the owner of the property came up with ways to redeem the property. Maybe they sold it or they may have came up with the amount they owed the bank that started the foreclosure process in the first place. They could have even made some type of payment agreement with the bank.  Whatever the reason, the newspaper does not give you this information.

•    County Clerk’s Office – the county clerk’s office doesn’t technically give you free government foreclosure listings because you have to pay for each copy.  However, after you have gotten your feet wet and learned how to get connections, you can have your “connect” inside the office get you the list for free or damn near free.

I have connections with my local county clerk’s office where I pay them only $50 for a list of 3000 lis pendens. A lis penden is when the bank has just began its foreclosure process (pending lawsuit) and has filed it with the courts. Each copy usually costs from $5.00 to $40.00 depending on your county and how many pages.

•    Internet – the internet is probably the best place to find free government foreclosure listings, especially if you are going out of area.  This is because most sites keep their records updated and with just a click of a button, you can find out foreclosures in any area in America.

Foreclosure.com not only keeps their records updated, but they also email you a free list of foreclosures in your area.
To figure out which method is the best method for you, you should try them all. I would of course start with the newspaper then go to the internet. Familiarize yourself with the process first and then head to the clerk’s office.

Once you get a good understanding of it all, you will find yourself stacked with hundreds or thousands of free government foreclosure listings.