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Posts Tagged ‘foreclosure’

Cleaning My House Before Moving

August 14th, 2009 Ben Janke No comments

Question: How Clean is a Seller Expected to Leave the Household After Moving Out?

A subscriber asks: “I just sold my house on a short sales agreement instead of let the bank take it in foreclosure. I don’t know who bought it, and I don’t care; we’re just glad to be rid of it. My agent says the home must be “broom swept.” What does that mean? Am I expected to clean it up after moving out? How clean am I supposed to leave the home for the new home buyers?”

Answer: That’s a great question. Break for a instant to weigh the shape of many bank-owned homes. Dirt, filth and mold are often the least of buyers’ worries when they find all the appliances are ripped out, the H2O heater has been stolen and the front doorway is boarded up.

Some banks don’t clean anything, and they assert that home is sold in “as is” condition. Homes in a seller’s possession that are turned over to a new buyer are different. It doesn’t count if that home is a short sale or a usual sale, sellers may have responsibilities to clean the house.

Legal Responsibilities for Cleaning a Home After a Sale In some states, real estate purchase contracts stipulate that the home is to be “broom clean,” meaning the seller should at least sweep the floor, the walls and ceiling. The language in some of these contracts is ambiguous.

Common contracts don’t deal with the shape of the home apart from stating that the home should be left in basically the same condition as it was when the offer was taken. The Residential Purchase Agreement says the prop is sold in its present physical condition as of the date of acceptance, and the seller is to remove all material property and debris.

To determine the extent of cleaning that you are contractually held to do upon abandoning, you should learn your purchase agreement.

Conventional Means to Leave a Property After Moving In the absence of a binding prerequisite to clean the home before moving out, most sellers take particular steps on their own to present the home in an good condition to buyers. It’s understandable that after moving all day, sellers may be too spent to expend a lot of time cleaning.

Employing a cleaning service can be an choice solution. Sometimes, listing brokers will pay to have the house professionally cleansed.

When purchasers bought a Boise home in a decent neighborhood, the listing broker inspected the home upon closure. He decided the carpet wasn’t good enough, so he hired carpet cleaners to shampoo the carpet before the buyers moved in. He paid for the housecleaning as a courtesy, not because he was obligated.

While most purchasers will clean the home to their own measures before moving in, regardless of a sellers’ efforts, following is a listing of things a seller can do to leave a home sensibly clean and produce goodwill:

Cleaning Inside the House Before Moving Away * Take Out all personal property. * Vacuum the floors. * Clean kitchen appliances, inside the refrigerator and oven, and rub down counters. * Scour sinks and bathtubs. * Wipe down interior cabinets and shelves. * Wash tile and vinyl / linoleum flooring.

Cleaning the Garage * Move Out personal belongings. * Throw out junk. * Properly dispose of poisonous chemical substances. * Sweep the flooring. * Stack items concerning to the house such as paint cans, roofing materials or extra flooring.

In sum, leave the home in the shape that you would like to find your new home. Remember, the new home owners might obtain some of your mail by mistake or packages over the holidays. It’s a solid idea to stay on pleasant terms with the new buyers. And it’s also the decent thing to do.

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Foreclosure: Work To Avoid It.

August 11th, 2009 Doc Schmyz No comments

If your home is on the verge of foreclosure or you fear the chance of it, you certainly will do any possible means to save it. But the problem is how you will do it? The first step, is going to your lender and asking for help. DO NOT OVER LOOK THIS OPTION!

If contacting your lender at the first sign of financial problems seems to be not so good of an idea. It may be because you are embarrassed to discuss money issues to others or you simply don’t see the need to inform your lender right away of your present financial standing. But the truth is, asking for your lender’s help will save you a lot of trouble and it will could help you save your home.

People often have the perception that lenders, like banks, think only of themselves and don’t care about the future of the borrowers. This leads to the common notion that lenders show no mercy to homeowners who have defaulted on payments and will take the homes when the very first window of opportunity opens. The truth is lenders like owners will do everything they can to avoid home foreclosures.

If you miss payments for 3 consecutive months normally the lenders usually send a Notice of Default. However if you know your in trouble DO NOT wait until you get the notice to take action. Call your lender as soon as possible. Inform them of your reason of default on a payment and ask for an alternative payment schedule or temporary lower rates until your finances have recovered. You can also ask for Forbearance where your lender waives some of the penalty fees as a result of default or a mortgage refinance without going through the process of re-application. Most mortgage lenders are more than willing to help you to avoid repossessing your home.

Talk to your lender, inform them of the situation, and ask for payment alternatives. Don’t wait too long before you make a move to save your home. Act fast. Understand the gravity of the situation and do something. It is your obligation to pay your mortgage but when worst comes to worst, your lender will help you keep your home. This is more true during economic downturn.

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Understanding The Workings Of Foreclosures In California

August 9th, 2009 Pam Milne No comments

If you live in California, you may be worried about your home – or you may be interested in homes about to become available. Foreclosures in California are taking place more and more often, and some people benefit from them, while others are badly hurt. Whatever position you’re in, it’s good to prepare yourself.

There are many reasons a home owner wouldn’t be able to make one monthly payment on their mortgage. While this would put things into a state of default, it certainly wouldn’t trigger an immediate foreclosure. However, it is the first time things might start to go badly.

Things really become a problem if the home owner continues to miss payments. Three or four times later, a record of notice of default is written. This will be kept around for up to ten days, at which point it will be sent to the home, letting the people who live there know things are getting serious.

Still, this isn’t a sign that foreclosure is unavoidable. They’ll have a decent amount of time to make those payments – usually several months. Also, companies are usually open to negotiations and will even offer loans on terms with the back payments to get things back on track.

Unfortunately, though, sometimes there’s nothing to be done. This is the point where the foreclosure becomes official. The notice is sent out and things go on hold for a bit while all other necessary parties are contacted. Usually, though, homes go on sale about twenty-five days after the IRS is contacted.

Obviously, you’re going to be thinking very differently if you’re on the other side of things. Watch to see if home owners try to save their places, and note when something becomes available. Your best bet will probably be a public auction, where you’ll find many of these foreclosed homes.

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Types Of Foreclosure Scams

August 5th, 2009 Doc Schmyz No comments

Home foreclosure is becoming a far more common problem now then it was just a few years ago. Often it originates from one missed payment which soon spirals out of control. Before you know it you have missed three or four payments and the mortgage lender or bank wants you to pay everything you owe all at once, right then and there. Often this is a major burden to the homeowner and in the end they must decide on some sort of plan of action…this is normally where one can fall for a scam.

Foreclosure scams are very common as much as the problem itself. Since homeowners believe that they have no choice they fall for these traps, which of course make their situation much worse than it was. Not only is the stress of the foreclosure an issue, but then the fallout from the scam starts…and brings additional stress.

The people who work these scams advertise online, publish advertisements in the local newspaper, distribute flyers, and call houses which are included on the foreclosure list. Sometimes they call themselves “mortgage consultants/real estate investment planners” who offer foreclosure services or advertise with “We buy houses” signs.

Most common scams:

Foreclosure Bankruptcy Scam

The promise here is that the house will be saved. In return they will either ask for the homeowner to pay their mortgage directly to them, hand over their deed and pay rent, or obtain refinancing. of course they don’t do ANYTHING to fulfill the other end of the bargain, they don’t contact your lender or obtain refinancing for you. They keep all the money and file bankruptcy without your knowledge. Only to use a diffirent name and do the scam agian on some other poor soul looking for help.

Since the homeowner is not aware that bankruptcy has been filed, they fail to participate in the case. The case is dismissed and the house continues onto foreclosure. Apart from loosing money and your home, you will also have a bankruptcy on your record.

Equity skimming

The scam operator poses as a buyer. They then promise the homeowner to pay the mortgage or given them a sum of money once the property has been sold. The operator then convinces the homeowner to sign over the deed and move out. The homeowner can stay but they have to pay rent. If they opt to move out the operator lets a third party rent the property. The scam operator of course does not pay the mortgage and lets the mortgage lender foreclose.

In the event the house has equity, the scam operator sells the property and pays off the debt. (And keeps the equity that the homeowner could have had if they sold it.)

Should you find yourself facing ANY of the above mentioned situations….contact a local mortgage office and ask them if they have ever heard of a “program” like the one you would be offered…if they say no….call the local police and ask for the consumer fraud division.

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Real Home Loans For People With Bad Credit

August 5th, 2009 Dean Byler No comments

Have you lost faith in financing bad credit home loans?. Many financial institutions are tight about to whom they provide home loans because it is a long term bond unlike a short term financing agreement.

It goes without saying that majority of financial institutions work according to strict guidelines when looking for suitable candidates for home loans. But what about those who have bad credit records?

A bank is not likely to allow you a chance of getting a home loan if your credit history is bad. But that is not good enough reason to lose hope. There are many other companies who opt in for financing bad credit home loans.

Now that you know financing bad credit home loans is possible the next foremost challenge before you would be to find an appropriate company or an institution that will offer you a home loan. Since formal institutions like banks don’t offer financing bad credit home loans, other institutions will demand for a higher interest rate. Oh well!

I assume nothing in life comes for free or without strings attached. So obviously there will be a cost!

Once you get hold of a few companies that offer financing bad credit home loans, you will need to choose the best out of the few. You by all means perform all necessary background checks on these companies and figure out what is best.

It is never a good idea for settle for short term loans for financing bad credit home loans. If they do this, it probably means that their company is unstable.

Be sure to look over everything very carefully when doing business with institutions that deal in financing bad credit home loans. Similar to the company running risk by providing you financing bad credit home loans, you too are getting in to a risky deal.

If you are eligible you may be asked to deposit a security against the financing bad credit home loans you are about to take. You may feel entrapped when this happens because you know that there is a level of uncertainty and risk involved for both parties. So there goes another reason why you should settle for a reputed and trustworthy company that provides financing bad credit home loans.

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SSCRA…What It Means To Our Veterans And Our Military Members.

August 4th, 2009 Doc Schmyz No comments

SSCRA or the Soldier and Sailor Civil Relief Act were signed by President Bush on December 2003. The main point for this act was to set new legislation to simplify or ease both legal and economic burdens to military personnel whether active or retired.

What is the SSCRA

SSCRA addresses the inability of military men to meet financial obligations when they are in active duty. Financial obligations to include rentals, leases, mortgages, credit card payments and other similar transactions. The SSCRA also stretches to cover the dependents of the military men in question.

SSCRA covers those under active duty, to include out on basic training exercises or assigned in the field. Often veterans miss the chance to pay their financial obligations since they are unable to do so during the line of duty. The SSCRA aims to provide legislation to these individuals so that they are given consideration regarding deadlines and payment due dates.

One focus of the SSCRA for military personnel/dependents includes leasing/renting of a property for residential purpose. (but can not exceed more than $1,200 a month) Also the conditions must be met and the transaction must be first made before the service man is enlisted into active duty or departs for basic training.

Once on active duty, it’s becomes almost impossible for them to settle this obligation. The next course of action is for the service man to send a request of being under the protection of the SSCRA to the court when he or she receives an eviction notice. If the judge finds sufficient grounds which merits the protection from SSCRA then the court may postpone the eviction until the term of duty of the personnel expires

Advantage of SSCRA for veterans on active duty

Often military personnel on active duty will not have the ability to fulfill their financial obligations to various institutions like credit cards, banks, insurance or mortgage lenders. The SSCRA was developed to provide a form of security to these men on duty on active duty.

SSCRA will provide enough “elbow room” for military personnel to be given extended deadlines for payments, foreclosures and mortgage transactions when they are in the line of duty. However, not all veterans are qualified for the protection of the SSCRA; some criteria and requirements must be met for both the transaction and the personnel before they are granted protection.

Interest Rates and SSCRA

Members on active duty who are unable to pay mortgages and who are facing foreclosure may then invoke the protection of the SSCRA to avoid such problems. Qualified debts are those incurred prior to service men coming into the line of duty. Also, the request will only be valid if the personnel are in the line of duty when the request was made which limited them from settling the said obligation.

If qualified, the service member needs to send a letter to the lender/bank requesting that their interest rate be capped to 6% according to the provision stated in SSCRA. Also, they may should send a photocopy of the military order to the lender as proof that they are on military duty as stated in their letter of request. the process can take up to 3 months to complete.

Foreclosure and the SSCRA

The SSCRA can also help cover the military member under the obligation of a mortgage, trust deed or security of property for any financial obligation. The SSCRA simply states that the personnel are valid for protection under the SSCRA if the obligation and the property were done prior to their military service.

The provision states that prohibition of foreclosure or sale of mortgage property without the presence of the borrower, the military personnel in this case, whether in a judicial or a non-judicial foreclosure. It is also stated in the SSCRA that maturity dates and deadlines will be given an extension when the military personnel is in active duty until they are released from their given designation.

Even if the maturity date or the date of foreclosure is extended due to the military personnel’s inability to pay, the court will try to achieve a compromise agreement from both parties requiring the mortgage lender to pay at least half of the amount due while the mortgage holder extends the deadline or put a stay on the foreclosure or sale of the property.

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?Mortgage Foreclosure Solutions: An Honest Guide

August 1st, 2009 Michael Geoffrey No comments

Alright boys and girls you are staring foreclosure right in the face and now you need some practical mortgage foreclosure solutions to help you keep your happy home and make sure your lovely wife doesnt leave you for the mailman.

There are lots of nonsensical, dramatically emotionally ways to deal with foreclosure. For example, you could run screaming down the street. The grand majority of these style solutions, however, are not going to do anything to help you in any real way. In order to keep the banks loan officers off of your back, you need a strategy that has been better thought out.

Let me just say that blowing up the bank, while assuring you national television coverage, is also not one of the effective or practical mortgage foreclosure solutions that you can turn to. Just when it seems like your options are limited here I come with some of the best advice you will ever get and I am going to give it to you for free. Thats right! For free and you can thank me later!

One practical and effective solution to mortgage foreclosure is to use machine gun nests. This might not seem like a real solution, but it can be. Whenever someone comes to home with the intention of serving you with eviction papers, the machine gun nests will encourage them to turn around and leave you alone.

You never load the machine guns, heck you can even use fake machine guns if you want. But intimidation is the basis for fear and you can absolutely use fear as one of your mortgage foreclosure solutions that helps you to keep your home just a little bit longer before they send you off to county jail.

The Circus Is In Town!

If you have a big back yard, opening up a circus and using the proceeds you earn to pay off your mortgage is another great idea to go with. It is quite a surprise that more people do not use this method to avoid foreclosure. As long as your backyard is about the size of three football fields and you have access to a canvas tent that can house 5,000 guests and the members of a circus, this can work for you.

The next step is getting together the other things you will need for the circus. That means clowns, peanuts, popcorn, and elephants. Once you take care of that, the money will just start rolling in. This will require a bit of work, but it could be what saves you from losing your home. Opening a circus is a great idea because your neighbors are sure to love it and you will love the money you earn.

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What Happens In Foreclosure

July 29th, 2009 Marty Allen No comments

More and more homes have been going into foreclosure over the past year or two than ever before. One reason is the poor economy overall, but perhaps the biggest reason is the sub-prime lending fiasco of the past few years that allowed too many people to enter into mortgages they shouldn’t have or couldn’t keep up with.

When a home goes into foreclosure, the lender obtains a court order to terminate the agreement and take possession of the property back from the signer. This is usually the bank that underwrote the mortgage agreement or loan.

When someone takes out a home loan or mortgage, the bank or lender gets a security interest from the borrower, in essence pledging the house or property as security for the loan. If they default on the payment terms, the bank or lender can try to repossess, or foreclose on the property.

Besides failing to pay the mortgage note or loan, other lien holders can also foreclose the owner’s right of redemption for other debts, such as for overdue taxes, unpaid contractors’ bills or overdue HOA dues or assessments.

For a residential mortgage loan, the actual process of foreclosure proceeding can begin after the owner has failed to meet the mortgage agreement terms. Then the bank or creditor may look to take possession of the property so that they can recover their principle by reselling the property.

After foreclosure, the creditor will likely try to sell the property and keep the proceeds in order to pay off its mortgage plus legal costs. This is what foreclosing on the mortgage or loan actually is. Though there are some possibilities for the homeowner to reclaim their property at that point, it’s clearly much more desirable to avoid going into foreclosure to begin with.

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Got The Foreclosure Notice??? Now What?

July 6th, 2009 Doc Schmyz No comments

Foreclosures are a nasty “monsters”, apart from the worry and stress of possibly losing all you own, is the fact that you lose all control over the sale process.

The painful honest truth is that the finance company is only looking after it’s own interests. There is no emotions involved here and they will take offers that do not even fully cover the debt.(You can forget about seeing any of your equity.)

FIGHT THE MONSTER. Take on another job. Scrape up the cash the best you can. Everyone has ways we can cut back or living expenses and increase our income a little. Don’t let yourself fall victim to your pride…yes this means you delivering pizza is indeed an option.

Think outside the box, maybe attempt to sell the property yourself. If the property market is difficult, advertise to exchange/swap your house for something cheaper. Look at how the property could earn you money. Maybe it has an apartment attached that could be rented out. Maybe it has a room at the back of the garage to rent out. Perhaps it might have an extra garage to rent out. If it is a big house maybe you could take in lodgers or students and charge them for room and board. All these little things will help to pay off your mortgage. Your still in charge of how the situation will end up.

Can you restructure the loan?? Can you restructure the loan so that your repayments are lower than you are currently paying. You could pay over 40 years instead of 25 years. Maybe you could have half the loan over 40 years and half on interest only repayments with the ability to reduce the principal with lump sum repayments when you have the extra funds available. Or maybe look at simply getting another loan and paying off the original mortgage.

If a foreclosure is getting closer and you have been unsuccessful in averting it. You can accept the inevitable or you can fight the ” monster” and take drastic action. However, if it means saving the equity in your house it may be worth it.

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