Fighting Foreclosures

HomeReal Estate

  • Author Spencer Mason
  • Published September 29, 2011
  • Word count 704

Fact: Chicago homeowners facing the threat of foreclosure are a) not alone, and b) in control of their future. Real estate experts across the country agree that there are ways to avoid foreclosure in many cases—as long as the homeowner is proactive and communicative with their lender.

The first and quite possibly the most important action to take in dealing with potential foreclosure is immediate contact with your lender. Rather than fearing your mortgage broker and worrying that showing any sign of weakness will prompt them to speed up the foreclosure process, homeowners should attempt (early on) to establish contact with their lender in order to fully explain your situation and outline your proposed solution.

Contact with your mortgage broker should be constant throughout the process. If you know you are going to miss a loan payment, get on the phone and let your lender know—they may be willing to modify the terms of your loan or arrange a repayment plan. Remember, your lender does not want you to default. And early on in the foreclosure/pre-foreclosure process your lender may be one of the most valuable assets you have to help you get through a rough time without losing your home. Even so, it is a good idea to keep meticulous records of communication with your lender. Always ask for the name of the person you are speaking with when you call, get their ID number, the date and time of the conversation, etc. Make sure to be as thorough as possible when keeping record of contact with your lender.

Another thing to keep in mind as you go through the process: always be wary of people who call you with grand solutions on how to save your home from foreclosure. While it is true that many banks hire outside companies to aid in making contact with borrowers, you should confirm that any caller is genuine in their intentions. If they are legit they will most likely have a loan number or some other confidential information about your account provided to them by the lender. Beware of callers who do not know your loan number or who demand you pay upfront fees before they can help you. Never sign anything until you have a chance to show it to a financial advisor or someone you trust first.

One of the biggest problems facing homeowners in the midst of foreclosure is the lack of communication between the banks and their lawyers. If you received a foreclosure notice while in the process of working with your bank to modify your loan and the bank’s lawyer tells you there is nothing they can do about stopping the process, don’t panic. First of all, know that in most states, the government is currently working to help you and others like you by requiring lenders not to foreclose on properties until they have given the homeowner ample opportunity to modify their loans. Furthermore, some state governments have laws that all lenders must mediate with homeowners before beginning the foreclosure process. If you are currently facing the aforementioned problem, do not hesitate to contact your state’s attorney general and file a complaint against your lender. Hasty, poorly handled foreclosure is a particularly important issue for state governments right now, so a well-worded complaint will definitely be worth your while.

The other important thing to keep in mind when dealing with unresponsive lenders is that perseverance is key. Do not give up or get discouraged if you cannot get in contact with your lender. Keep trying, keep calling. Right now, lenders are being flooded with a deluge of requests, problems and questions that they do not have the manpower to deal with properly. Remain patient and continue to make loan payments to your lender to protect your credit as much as possible.

Finally, if you have been turned down for a home loan in the past, keep reapplying. Loan parameters may have loosened since you last applied, or a change in your situation might have changed your qualifications for a mortgage. Consider contacting a housing counseling agency to help make sure you provide proper documentation and consider all your expenses when reapplying for the loan.

Spencer Mason writes about Chicago Lofts along with many other Chicago real estate topics.

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