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The New Bankruptcy: Will It Work for You?

Selling Your House in a Tough Market

Foreclosure: Articles and FAQs

Guide to Avoiding Foreclosure (HUD)

Avoiding Foreclosure: State Resources (HUD)

Foreclosure Survival Guide

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Foreclosure Survival Guide (1st Edition)

  • Chapter 1: Foreclosure: The Big Picture

Chapter Introduction

Check for Updates

A new federal foreclosure relief law will take effect about the time this book is published. State laws governing foreclosure procedures may also be in play. To stay abreast of these and other changes, check for updates at www.nolo.com/support/updates.cfm. You can also read my blog at www.bankruptcyforeclosureblog.com, where I discuss important changes in foreclosure and bankruptcy that may affect you.

Foreclosure doesn’t usually come as a big surprise to homeowners. You probably know, well before it happens, that you’re going to have trouble making your mortgage payments. Maybe you’ve been laid off or face unexpected medical bills, or maybe that adjustable-rate mortgage you took out a couple of years ago is scheduled to reset at a much higher rate, making payments out of reach.

Once you do fall behind, you’ve probably got a few months before your lender even starts the foreclosure process. The fact that foreclosure is a process—sometimes a long one—is good news for you. You don’t need to panic. You’ll have time to plan, negotiate, and evaluate your options—IF you act as soon as you smell trouble coming. The more time you have, the better.

If your only problem is a few missed payments, your lender will probably be willing to let you get current over time or even add the missed payments to the end of the loan. If you’ve missed four or five payments, your lender may not be flexible—but you still may be able to work something out.

Don’t wait for the lender to contact you. Just as soon as you realize you’re going to have trouble making your mortgage payments, you can and should start working on the problem. This chapter will show you how.

Caution! Don’t panic—and don’t get scammed. Foreclosure rescue scams have popped up all over the country in response to the soaring foreclosure rate. Almost without exception you will be worse off with these scams than if you let the foreclosure go through. To find out how scammers work and what to look for, see “Don’t Get Scammed by a Foreclosure “Rescue” Company,” below.

You're Not Alone

Houses are expensive—that’s why most homeowners pay for them over 30 years, one monthly payment at a time. And it’s not uncommon for people to find they just can’t afford to keep making the payments. If you lose your job, get divorced, or face unexpected medical bills, keeping current on your house payments may be next to impossible.

Life events like these aren’t the only reason for foreclosures. Many homeowners—about 34 million U.S. households, or roughly one-third of the nation—took money out of their homes in 2004 through 2007 by refinancing or borrowing against their equity, increasing their debt load. Many people who bought when prices were high got nontraditional mortgages (interest-only payments, or adjustable rates with ultra-low teaser rates at the start), expecting to refinance or sell at a profit later. Others were encouraged by mortgage brokers (with a wink and a nod) to overstate their income, also with the expectation that rising prices would make the misstatement irrelevant. But because lenders have tightened credit, it’s no longer easy to refinance a mortgage, even with a good credit history.

Meanwhile, the interest rates on adjustable rate mortgages are set to move higher, making monthly payments soar beyond the ability of many homeowners to make them. And increasingly, selling their homes is not an option for these homeowners because of the slump in residential market values.