Thinking of just “walking away” from your house?

DON’T DO IT!

A recent study estimates that 36% of Americans think walking away is a viable option when they owe more on their home than what it is worth. But few are aware of the severe financial consequences of these actions, and even fewer know the options available to avoid these consequences.

If you are at the crossroads of deciding whether or not to walk away (or “strategically default,”) you will find that there is nothing strategic about foreclosure, especially when there are options that can help you to avoid it.

Destroying your credit is NOT “Strategic”! Walking away from your mortgage can be incredibly dangerous and damaging to your financial future.

In a “strategic default,” homeowners simply choose to walk away from their mortgages—in other words, move out, stop paying and just “”let the bank take it”. Generally, this is done when a homeowner owes more on the home than it’s worth or is “underwater.” Most homeowners do not understand that walking away will expose them to foreclosure, which carries credit issues, current and future employment challenges, issues with security clearances, and the potential for non-stop debt collections.

In a Florida foreclosure, generally, the bank gets the home back at a courthouse auction…actually held as an online auction here in Palm Beach County. At some point in the future, the bank will re-sell the foreclosed property. The difference between what the bank finally ‘nets’ after the sale and what you owed (penalties/interest/legal fees/taxes/hoa fees, etc. added) is the deficiency. The bank can then get a judgment for this amount and attempt to collect, either directly, by giving it to the collection arm of the bank or, they sell it to a collection agency. And these collections efforts can haunt you for 20 years!

One of the first things we strongly recommend to anyone we speak with who is faced with a foreclosure action by their lender is for them to contact an expert foreclosure defense attorney…Be forewarned: Many Lenders have persuaded borrowers to represent themselves when facing foreclosure. Remember, the Lender’s first priority is collecting payments, not to gain a full understanding of your financial hardship. Don’t wait too long to seek help. Foreclosure Defense results are often best achieved with borrowers who seek help as soon as there is a problem.

Also, you don’t have to abandon your home…Borrowers need to understand that they are the legal titleholder to the home until a Judge declares otherwise. Although the Lender may hold a Mortgage Note, this does not mean that they can tell you to leave your home when you miss mortgage payments. Do not take the word of your Lender; seek counsel to advise you of your rights to remain in the property while searching for alternatives to foreclosure.

What about bankruptcy? Although bankruptcy can be a valuable tool when faced with an immediate sale of the property, it will rarely save your home from foreclosure. Many times, bankruptcy should be used as a last resort and only in combination with other large debts (i.e. immense credit card debt).

Do Not Ignore paperwork sent to you by the bank…Upon missing payments, most Lenders will send various documents and require a response. Many times these documents are discarded or there is no response. Save everything your lender has mailed or delivered to you and bring it to your attorney.

A foreclosure will be seen on your credit report for years…it will most likely impact you when trying to rent a home, trying to buy (or lease) anything on credit, applying for jobs, applying for various security clearances, and more! 

You have options…one of the best ones right now is a Short Sale. This is where the lender agrees to let you sell the home for less than the amount owed.

We have recently been utilizing a little-known strategy that can: 1) speed up the process, 2) relieve the seller of deficiencies, 3) is FREE to the seller, 4) Get the seller a $3000 ‘relocation’ payment from the lender! You can click right HERE to see if you may qualify to work with us using this strategy.

Now, remember, I am NOT an attorney and this article is NOT intended to be legal advice…for that, please contact a competent legal professional.

But if you’d like to discuss your situation, see how we can help you out of a jam, and see how we’ve helped many, many people in your same predicament…call me on my private line right now: 561-602-1258

And thanks for reading my blog!

Steve Jackson