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Mortgage Payments Sending You Reeling? Here's What to Do
The possibility of losing your home because you can't make the mortgage payments can be terrifying. Perhaps you're having trouble making ends meet because you or a family member lost a job, or you're having other financial problems. Or maybe you're one of the many consumers who took out a mortgage that had a fixed rate for the first two or three years and then had an adjustable rate - and you want to know what your payments will be and whether you'll be able to make them.
Regardless of the reason for your mortgage anxiety, the Federal Trade Commission (FTC), the nation's consumer protection agency, wants you to know how to help save your home, and how to recognize and avoid foreclosure scams.
Know Your Mortgage
Do you know what kind of mortgage you have? Do you know whether your payments are going to increase? If you can't tell by reading the mortgage documents you received at settlement, contact your loan servicer and ask. A loan servicer is responsible for collecting your monthly loan payments and crediting your account.
Here are some examples of types of mortgages:
Hybrid Adjustable Rate Mortgages
(ARMs): Mortgages that have fixed payments for a
few years, and then turn into adjustable loans. Some are
called 2/28 or 3/27 hybrid ARMs: the first number refers
to the years the loan has a fixed rate and the second
number refers to the years the loan has an adjustable
rate. Others are 5/1 or 3/1 hybrid ARMs: the first number
refers to the years the loan has a fixed rate, and the
second number refers to how often the rate changes. In a
3/1 hybrid ARM, for example, the interest rate is fixed
for three years, then adjusts every year thereafter.
ARMs: Mortgages that
have adjustable rates from the start, which means your
payments change over time.
Fixed Rate Mortgages:
Mortgages where the rate is fixed for the life of the
loan; the only change in your payment would result from
changes in your taxes and insurance if you have an escrow
account with your loan servicer.
If you have a hybrid ARM or an ARM and the payments will
increase - and you have trouble making the increased
payments - find out if you can refinance to a fixed-rate
loan. Review your contract first, checking for prepayment
penalties. Many ARMs carry prepayment penalties that force
borrowers to come up with thousands of dollars if they decide to
refinance within the first few years of the loan. If you're
planning to sell soon after your adjustment, refinancing may not
be worth the cost. But if you're planning to stay in your home
for a while, a fixed-rate mortgage might be the way to go. Online
calculators can help you determine your costs and payments.
If You're Behind On Your Payments
If you are having trouble making your payments, contact your
loan servicer to discuss your options as early as you can. The
longer you wait to call, the fewer options you will have.
Many loan servicers expanded the options available to
borrowers during 2008 - it's worth calling your servicer
even if your request has been turned down before. Servicers are
getting lots of calls: Be patient, and be persistent if you don't
reach your servicer on the first try.
You also may want to ask if you qualify for the HOPE for
Homeowners (H4H) program. Congress created H4H to help
those at risk of default and foreclosure refinance into more
affordable, sustainable loans. The program provides a new,
30-year fixed rate mortgage insured by the Federal Housing
Administration (FHA) if you and your lender agree to certain
conditions. The program expires September 30, 2011. For more
information, see www.hud.gov/foreclosure.
Avoiding Default and Foreclosure
If you have fallen behind on your payments, consider
discussing the following foreclosure prevention options with your
loan servicer:
Reinstatement: You pay the loan servicer the entire past-due
amount, plus any late fees or penalties, by a date you both agree
to. This option may be appropriate if your problem paying your
mortgage is temporary.
Repayment plan: Your servicer gives you a fixed amount of time
to repay the amount you are behind by adding a portion of what is
past due to your regular payment. This option may be appropriate
if you've missed a small number of payments.
Forbearance: Your mortgage payments are
reduced or suspended for a period you and your servicer agree to.
At the end of that time, you resume making your regular payments
as well as a lump sum payment or additional partial payments for
a number of months to bring the loan current. Forbearance may be
an option if your income is reduced temporarily (for example, you
are on disability leave from a job, and you expect to go back to
your full time position shortly). Forbearance isn't going to help
you if you're in a home you can't afford.
Loan modification: You and your loan servicer
agree to permanently change one or more of the terms of the
mortgage contract to make your payments more manageable for you.
Modifications may include reducing the interest rate, extending
the term of the loan, or adding missed payments to the loan
balance. A modification also may involve reducing the amount of
money you owe on your primary residence by forgiving, or
cancelling, a portion of the mortgage debt. Under the Mortgage
Forgiveness Debt Relief Act of 2007, the forgiven debt may be
excluded from income when calculating the federal taxes you owe,
but it still must be reported on your federal tax return. For
more information, see www.irs.gov.
A loan modification may be necessary if you are facing a
long-term reduction in your income or increased payments on an ARM.
Before you ask for forbearance or a loan modification, be
prepared to show that you are making a good-faith effort to pay
your mortgage. For example, if you can show that you've reduced
other expenses, your loan servicer may be more likely to
negotiate with you.
Selling your home: Depending on the real
estate market in your area, selling your home may provide the
funds you need to pay off your current mortgage debt in full.
Bankruptcy: Personal bankruptcy generally is
considered the debt management option of last resort because the
results are long-lasting and far-reaching. A bankruptcy stays on
your credit report for 10 years, and can make it difficult to get
credit, buy another home, get life insurance, or sometimes, get a
job. Still, it is a legal procedure that can offer a fresh start
for people who can't satisfy their debts.
If you and your loan servicer cannot agree on a repayment plan or
other remedy, you may want to investigate filing Chapter 13
bankruptcy. If you have a regular income, Chapter 13 may allow
you to keep property, like a mortgaged house or car, that you
might otherwise lose. In Chapter 13, the court approves a
repayment plan that allows you to use your future income toward
payment of your debts during a three-to-five-year period, rather
than surrender the property. After you have made all the payments
under the plan, you receive a discharge of certain debts.
To learn more about Chapter 13, visit www.usdoj.gov/ust;
it's the website of the U.S. Trustee Program, the organization
within the U.S. Department of Justice that oversees bankruptcy
cases and trustees.
If you have a mortgage through the Federal Housing
Administration (FHA) or Veterans Administration (VA), you may
have other foreclosure alternatives. Contact the FHA (www.fha.gov) or VA (www.homeloans.va.gov)
to talk about them.
Contacting Your Loan Servicer
Before you have any conversation with your loan servicer,
prepare. Record your income and expenses, and calculate the
equity in your home. To calculate the equity, estimate the market
value less the balance of your first and any second mortgage or
home equity loan.
Then, write down the answers to the following questions:
What happened to make you miss your
mortgage payment(s)? Do you have any documents to back up
your explanation for falling behind? How have you tried
to resolve the problem?
Is your problem temporary, long-term, or
permanent? What changes in your situation do you see in
the short term, and in the long term? What other
financial issues may be stopping you from getting back on
track with your mortgage?
What would you like to see happen? Do you
want to keep the home? What type of payment arrangement
would be feasible for you?
Throughout the foreclosure prevention process:
Keep notes of all your communications
with the servicer, including date and time of contact,
the nature of the contact (face-to-face, by phone, email,
fax or postal mail), the name of the representative, and
the outcome.
Follow up any oral requests you make with
a letter to the servicer. Send your letter by certified
mail, return receipt requested, so you can
document what the servicer received. Keep copies of your
letter and any enclosures.
Meet all deadlines the servicer gives
you.
Stay in your home during the process,
since you may not qualify for certain types of assistance
if you move out. Renting your home will change it from a
primary residence to an investment property. Most likely,
it will disqualify you for any additional workout
assistance from the servicer. If you choose this route,
be sure the rental income is enough to help you get and
keep your loan current.
Housing and Credit Counseling
You don't have to go through the foreclosure prevention
process alone. A counselor with a housing counseling agency can
assess your situation, answer your questions, go over your
options, prioritize your debts, and help you prepare for
discussions with your loan servicer. Housing counseling services
usually are free or low cost.
While some agencies limit their counseling services to
homeowners with FHA mortgages, many others offer free help to any
homeowner who is having trouble making mortgage payments. Call
the local office of the U.S. Department of Housing and Urban
Development (www.hud.gov)
or the housing authority in your state, city, or county for help
in finding a legitimate housing counseling agency nearby. Or
consider contacting the Homeownership Preservation Foundation
(HPF) at 888-995-HOPE or www.hopenow.com. HPF is a nonprofit
organization that partners with mortgage companies, local
governments, and other organizations to help consumers get loan
modifications and prevent foreclosures.
When choosing a counselor, beware of anyone charging large
up-front fees or guaranteeing you a loan modification or other
solution to stop foreclosure. They shouldn't be charging you high
fees or making any guarantees. Take your business elsewhere.
Consider Giving Up Your Home Without Foreclosure
Not every situation can be resolved through your loan
servicer's foreclosure prevention programs. If you're not able to
keep your home, or if you don't want to keep it, consider:
Selling Your House: Your servicers might
postpone foreclosure proceedings if you have a pending sales
contract or if you put your home on the market. This approach
works if proceeds from the sale can pay off the entire loan
balance plus the expenses connected to selling the home (for
example, real estate agent fees). Such a sale would allow you to
avoid late and legal fees and damage to your credit rating, and
protect your equity in the property.
Short Sale: Your servicers may allow you to
sell the home yourself before it forecloses on the property,
agreeing to forgive any shortfall between the sale price and the
mortgage balance. This approach avoids a damaging foreclosure
entry on your credit report. Under the Mortgage Forgiveness Debt
Relief Act of 2007, the forgiven debt on your primary residence
may be excluded from income when calculating the federal taxes
you owe, but it still must be reported on your federal tax
return. For more information, see www.irs.gov, and consider consulting a
financial advisor, accountant, or attorney.
Deed in Lieu of Foreclosure: You voluntarily
transfer your property title to the servicers (with the
servicer's agreement) in exchange for cancellation of the
remainder of your debt. Though you lose the home, a deed in lieu
of foreclosure can be less damaging to your credit than a
foreclosure. You will lose any equity in the property, although
under the Mortgage Forgiveness Debt Relief Act of 2007, the
forgiven debt on your primary residence may be excluded from
income when calculating the federal taxes you owe. However, it
still must be reported on your federal tax return. For more
information, see www.irs.gov.
A deed in lieu of foreclosure may not be an option for you if
other loans or obligations are secured by the property on your home.
Be Alert to Scams
Scam artists follow the headlines, and know there are
homeowners falling behind in their mortgage payments or at risk
for foreclosure. Their pitches may sound like a way for you to
get out from under, but their intentions are as far from
honorable as they can be. They mean to take your money. Among the
predatory scams that have been reported are:
The foreclosure prevention
specialist: The specialist really is
a phony counselor who charges high fees in exchange for
making a few phone calls or completing some paperwork
that a homeowner could easily do for himself. None of the
actions results in saving the home. This scam gives
homeowners a false sense of hope, delays them from
seeking qualified help, and exposes their personal
financial information to a fraudster.
Some of these companies even use names with the word HOPE
or HOPE NOW in them to confuse borrowers who are looking
for assistance from the free 888-995-HOPE hotline.
The lease/buy back: Homeowners
are deceived into signing over the deed to their home to
a scam artist who tells them they will be able to remain
in the house as a renter and eventually buy it back.
Usually, the terms of this scheme are so demanding that
the buy-back becomes impossible, the homeowner gets
evicted, and the rescuer walks off with most
or all of the equity.
The bait-and-switch:
Homeowners think they are signing documents to bring the
mortgage current. Instead, they are signing over the deed
to their home. Homeowners usually don't know they've been
scammed until they get an eviction notice.
For More Information
To learn more about mortgages and other credit-related issues,
visit www.ftc.gov/credit
and MyMoney.gov,
the U.S. government's portal to financial education.
The FTC works for the consumer to prevent fraudulent,
deceptive, and unfair business practices in the marketplace and
to provide information to help consumers spot, stop, and avoid
them. To file a complaint or to get free
information on consumer issues, visit ftc.gov or call
toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261.
The FTC enters consumer complaints into the Consumer
Sentinel Network, a secure online database and investigative
tool used by hundreds of civil and criminal law enforcement
agencies in the U.S. and abroad.
Source: The United States Federal Trade Commission, December 2008
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