| Fending
Off Foreclosure
Curing a foreclosure is a little like curing cancer
-- the sooner you catch it, the better your chance of
survival.
Early on in the default process, consumers can still
come back from the brink because they haven't missed
more than one or two monthly payments and their lenders
haven't spent too much trying to get them back in line.
But as the foreclosure process moves along, the size
of the delinquent debt owed and the bank legal costs
that customers are usually charged mount. Borrowers
who try to ignore their financial problems -- and their
lenders' phone calls -- will likely lose their homes.
"As soon as you know you're going to miss your
first mortgage payment, that's when we need to be notified.
We can explain to the consumer what to expect throughout
the process," says John Lawrence, manager of borrower
counseling services with Wells Fargo & Co.'s mortgage
division. "Say they've lost their job or some other
type of hardship has gone on. We can give them time
to help get their lives back in order.
"The longer that you go -- and if you're going
into a foreclosure process, there are other fees and
costs involved in that -- it does make it more difficult
to ultimately get the problem solved."
Lenders looking to help
Solving foreclosures is what companies want to do these
days, too, according to lending experts. Fannie Mae,
Freddie Mac and the mortgage servicers responsible for
administering borrower loans have all attempted to boost
loan "workouts" or "cures" and reduce
the number of homes that end up in the dreaded "REO,"
or "Real Estate Owned," category.
"Servicers should be solicitous at every step
of the process to try to help the borrower stay in the
home," says Danny Smith, manager of loss mitigation
at Fannie Mae. "The sooner that there is a connection
there between the two of them to work something out
on the loan, the more likely the borrower is to stay
in the home."
Mortgage banks and investors aren't just doing this
out of the kindness of their hearts. Workouts look better
from a public relations standpoint and usually cost
thousands of dollars less than full foreclosures and
home repossessions. They also keep lenders from having
to slog through the foreclosure process, which in some
states can drag on for a year and a half or more. Regardless
of lenders' motivations, the trend toward increased
workouts means borrowers have a much better chance today
of avoiding eviction than in the past.
"Put yourself in the bank's shoes," says
Mory Brenner, a Pittsfield, Mass. attorney who works
with borrowers in foreclosure. "The person has
missed one payment or two payments and you know in your
state that if the thing goes to foreclosure, you're
going to be looking at getting no payments for a year
and a half and at the end of the year and a half, now
you're going to have to market a distressed property.
"Are you going to want to help the borrower make
their payments? Absolutely."
The workout wheel starts turning once a borrower payment
becomes 16 days late. The servicer will try to get in
touch with the customer at that point and figure out
a way to bring the payment current. After the first
payment becomes 30 days delinquent and the next month's
payments look to be in jeopardy, collection attempts
get more and more serious. By about 90 or 100 days,
the servicer will refer the mortgage to an attorney
or other representative, who will initiate the formal
foreclosure process.
Alternative treatments
Article continued at http://www.bankrate.com/brm/news/mtg/20001019.asp?prodtype=mtg
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