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Can't Afford To Keep Your House
 
After exhausting all alternatives and doing as much research as you can into possible options, you may still come up short and realize that you just can't afford to keep your home.  It's a tough realization, and one that probably hurts emotionally as well as financially.  Still, its better to face reality and make the best choices you can.  Here are some options you might want to consider if you can't afford to keep your house.
 
• Deed in lieu – If you don’t want your home and/or
absolutely cannot afford it, you can offer the servicer a
deed-in-lieu (pronounced “loo”) of foreclosure. This means
you give your house back to the servicer in exchange for
avoiding having a foreclosure on your credit record.  
 
    –  Important: If your house has declined a lot in
       value, Servicer may ask you to sign a note to pay
       back difference between what the house is worth
       and what you owe. This is called a deficiency
       note. If you ask at the time you offer the deed-in-
       lieu, the servicer may agree not to pursue a
       deficiency.  
 
    –  If you have a second mortgage or if you have a lot
       of judgments against you from previous debts you
       probably won’t qualify for a deed-in-lieu. 
 
 Pre-Foreclosure SaleIf you are delinquent, in
default, or already in foreclosure, you can still sell your
home and pay off your loan at any time up until the day
of foreclosure.  Servicers call this a pre-foreclosure sale. 
 
    –  You should tell your servicer if you are trying to
       sell your home. If you choose to list your home
       with a real estate agent you may want to
       click here for a list of real estate agents in your
       area interested in helping you with a pre-
       foreclosure sale. 
 
 Types of Pre-Foreclosure Sales
 
 Short Sale – If you are trying to sell your home,
typically with a real estate agent, and you receive an
offer for less than you owe, the servicer may agree
to accept the lower amount from the sale and release
the mortgage. This is called a “short sale” because
the lender is accepting a shortage in the amount owed.
 
    –  After the lender agrees to a short sale they may
       still pursue you for the difference between the
       proceeds from the sale and the total amount you 
       owed. This is called the “deficiency.” 
 
    –  You should ask the lender to release you from any
       deficiency when you propose the short sale. They
       may or may not agree to it, but it’s important to
       ask.  
 
 Straight Sale – If you receive an offer to buy your
house for more than you owe, you can accept the
offer and simply pay off your mortgage in full at
closing. If you are in foreclosure and the day of the
foreclosure sale is near, be sure you work with your
servicer to postpone the foreclosure sale. 
 
    –  Many perfectly good sales have fallen through
       because the house went to foreclosure sale the
       day before the scheduled closing. 
 
• Sale with Lease Back - Sometimes real estate investors in your area will purchase your home with the intent of leasing it back to you. The sale may be either a short sale or a straight sale.
 
    –  You should have any lease back agreement reviewed
       by an attorney because some investors include
       unfair terms. 
 
• Cash for Keys – In a ‘cash for keys’ deal, the lender will typically pay you a few thousand dollars if you agree to leave the house in good condition by a certain date. The money is intended to help you move your belongings and pay a security deposit for your new rental residence. 
 
    –  Cash for keys may be available after a deed-in-lieu,
       a sale, or even a foreclosure. 
 
 

 

 

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