The truth is – it is very hard to get your house back after foreclosure. It is possible, but it is very difficult.
Even after you lose your house to a foreclosure sale, you still may have a few ways to get it back.
Buy It Back
The first option is to buy your house back from whoever bought it after your foreclosure auction. This could be the bank or an investor or someone else. This is more likely to happen if it was your lender that bought it at foreclosure, but its possible even if it was someone else. You will probably need 3rd party financing (which may be difficult or impossible to get). Sometimes, your lender will refinance your purchase, so you should at least ask the question if you have the income to support the payments.
Right of Redemption
Some states and in some situations there is a right of redemption after a foreclosure sale. This is a period where you (as the previous owner) can repurchase the home by paying the total purchase price plus interest and any allowable costs to the person that bought your home at the sale. Filing a bankruptcy can give you even more time to take advantage of your redemption rights, but this varies from state to state. Talk to a bankruptcy attorney if you have questions.
Under certain circumstances, a court can set aside the sale of your home. If your lender did not follow the correct procedures during the foreclosure process, including properly notifying you, you may be able to get the court to set the sale aside, which will make it so that the sale never legally happened. If you think this is the case, discuss your situation with a lawyer experienced in these matter.
Don’t Leave Your Equity Behind
If there was equity in your home after it was sold, you may be legally entitled to it. You should expect your lender to deduct appropriate fees for servicing your account and processing the closing of your loan, but go over every fee carefully to make sure they make sense. Some lenders have been known to tack on fees simply to eat up all the equity so they don’t have to pay you what you are owed. If you are in this situation, contact a local lawyer familiar with foreclosure law.
The other option to get the house back is to have your sheriff sale reversed. In many cases, there are legal discrepancies or rules your lender did not follow. With a good attorney, who is familiar with the foreclosure process, you can use the law to your advantage. Once the sheriff sale is reversed, your lender will start again, correcting their mistakes, so you must act fast and raise the money you need to get your house out of foreclosure completely. This is only a temporary solution but it can give you the time you need to put together a permanent solution.
Finally, you should consider using a private investor, friend, family member or clergy member to buy the house from the bank at the foreclosure sale (if possible) and have them rent or sell the house back to you. Technically, this should be done at the sheriff sale or foreclosure auction, or after the sale if the lender buys the house. There are many options that would allow the house to be sold before the foreclosure or even with a short sale, to another party. The purchaser could sell the house back to you. This could be through a new mortgage, if you qualify, or with a lease or buy-back agreement.
Either way, you now have possession of the home and could have a route to obtain ownership at a time when your credit improves. You may need credit repair services. You must be careful when doing something like this because there are rules and laws you must be aware of. You should use a real estate agent and/or real estate broker along with a real estate attorney to help you deal with this option. Don’t go it alone.
If you have already lost your house to foreclosure, there may still be hope. Call Ascent Law right away to discuss your situation. The sooner you call the better. Just make sure you choose the right method for you and find a foreclosure law attorney to get your house back after the foreclosure process has started. If you have a solution that will allow all parties to be happy and walk away from the situation satisfied, it may be worth pursuing right now.
When you need legal help with foreclosure law in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
The first thing that you would need to do is to know exactly what your options are and the requirements each option may entail. Recently, Congress has passed legislation to help you with this process. Based on this newly passed legislation, creditors and other financial institutions are now required by law to be more lenient and generous in terms of the options that they can provide to repay your outstanding loan and get your house back. A copy of this legislation has been uploaded over the internet, so it is accessible to anyone who would like to know more about it. Try to negotiate with the lender for a payment to make up for the missed payments. It is imperative that you act quickly to prevent sale of your house because once the foreclosure process begins, you only have 120 to 140 days before your house is sold. Contact the lender to explain your situation and work out a way for you to keep your house. By acting quickly, you have the most time and the best chance of being able to negotiate a solution before the trustee files the notice of default. If foreclosure has already begin, you must contact the lender during the 90 days before the announcement of trustee sale is posted and archived. One of the most common causes of failure to communicate is that many house owners facing foreclosure avoid contacting their lenders because they are upset or embarrassed. Most times they believe their lender will not help them because they feel that the lender prefers to foreclose. In reality, the opposite is exact. Banks and other lenders are primarily in the business of earning money by collecting interest on loans that they have made. Their net income is derived by having a specific process in place to invest and receive payments.
They find it awkward to go through the foreclosure process, and usually are not well equipped to manage foreclosure properties. Because of this, most lenders are willing to work with house owners because foreclosure is much more costly for them in the long work with house owners because foreclosure is much more costly for them in the long run. It forces them to allocate time and resources to an unprofitable activity. Contact your lender immediately. Do not ignore phone calls and letters from your lender. If you do not inform your lender of your situation, they will assume that you do not intend to pay and the legal process will go forward. It is essential to prepare well before you contact your lender. You must gather all documents supporting your income and expenses, as well as loan account information. When you call, ask to speak to someone in the customer service department. Be upfront and honest about your circumstances and be prepared to discuss your financial situation in detail. Your lender needs to know your financial situation to determine whether they can offer a solution.
There are some options that you can discuss with your creditor or financial institution to get your home back. Here are just a few of these options:
This type of arrangement would allow you to begin repaying your outstanding debt after an agreed period. By asking for forbearance from your financial or creditor, you can save up just enough funds which you can then solely allocate to repay your outstanding loan.
Another option that you can discuss with your creditor or financial institution for you to get your loan back is to make some adjustments on the existing schedule of payments that you have initially agreed to. Providing a hardship letter to your creditor or financial institution can increase the likelihood for your creditor or financial institution to give you a second chance. Some websites can help you draft a letter of hardship which you can present to your creditor or financial institution. A repayment plan may be suited for you if you have recently recovered from a short-term financial problem and are now able to resume making your regular monthly payments but need time to catch up on the unpaid fees.
Borrow money from family or friends
Many people tend to shy away from this as their first option. One would think this option would be the most common place to start. Most eliminate this as a means to gather the funds necessary to bring the loan current simply because they are embarrassed to ask. They do not want family or friends to know that they encountered financial difficulties, so they look elsewhere. Family or friends most times are the one that are likely to be very willing to help out.
Often because of a house owner’s embarrassment, they are not approached until is too late in the foreclosure process and are unable to obtain funds quickly enough to help out. There are situations where the house owner’s family members of friends are not approached because there are already strained relations, or they want to avoid causing any discomfort to their inner circle of friends or family. One of the best things that I can recommend to you is that you should approach the request for assistance in a very business-like manner. By that I mean, you should look to secure their interest just as you would expect if you were the one providing the funds to someone else in trouble. The higher the degree of security that you can offer them in protecting their funds, the higher the probability of successful obtaining the funds necessary to stop the foreclosure.
Borrow from the institutional lenders
A third option is to borrow from institutional lenders to bring up back payment. This can be done by refinancing or only by borrowing against the equity in the house. These lenders will primarily consider investment when determining the approval of a loan. Equity is define as the difference between the fair market value of the house and what is owed on the mortgage. Refinancing is when you take out another loan to pay off the existing mortgage. When refinancing to avoid foreclosure, you might be able to obtain a lower interest rate, a more extended payment period, or a lower monthly payment which would make your mortgage payments more affordable. Usually, lenders that become aware that you have fallen behind in the mortgage payments will shy away from lending to you, so if you expect to borrow from an institution, you must act very quickly before your credit report reflects any late payments. If the lender is aware that you are in default, they will probably refuse to lend, or offer a loan with much higher interest rate to account for the borrower’s inability to meet their financial obligations.
Borrow from private party lenders
Some individuals have funds to invest and are looking for a higher return on their investment that can be obtained by depositing their moneys with saving institutions. These individual are expecting a high rate of return on their cash investments, and understand that the loan that they are funding is a high risk loan or is often referred to as “hard money” loan. Usually, once the house owner falls behind in their mortgage payments. It is increasingly difficult to borrow money. These private lenders typically consider the equity in the property when making the loan. Because the borrower is behind the payments, the lender cannot look upon the borrower’s ability to repay promptly as the ability to recover it based on the property’s market value and what is owed by the borrower on the property. Almost without exception, these loans carry much higher interest rate (usually beginning around 14%) than the traditional home loans obtainable at banks or other lending institutions. They are, however, the only option left to a house owner in foreclosure. So once you’ve looked at what got you where you’re today, think about what you need to change about your spending habits. You may not have a house payment anymore, but you’ll need to pay for a roof over your head, and you probably still have other bills- credit cards, auto loans etc. you might be able to lower your credit card payments at least temporarily if you talk to your credit card companies and let them know what you’re going through and that you’re serious about getting your bills paid. If you work through a debt counselor, you might be able to get a lower discount rate, but that usually mean having to close your accounts, and you probably want to keep them open to pay on time and improve your credit score. Be wary of debt counselors, though some of them have outrageous charges and you don’t want to work with one that charges you more than $25 a month.
Now it’s time to make a realistic budget and stick to it. Make sure it includes money for a savings account. Saving cash is a good idea for those unexpected costs and shows that you have the self-discipline not to spend every dime you make. How much should you save? It seems many financial advisers suggest around 00, if you still have debt you’re trying to pay off. It is essential to have that money there for emergencies, but paying down your debt is what will help you get ahead the most. Pay all your bills on time. It’s so easy to fall back into old spending habits, so keep that budget on track. You already know how the bills can snowball. If you don’t pay the required amount when you’re supposed to, it will cost you a lot more in the end.