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How Using Foreclosure Negotiation
Strategies Can Sometimes Avoid
Foreclosure


By Noel Peebles

Going through the process of foreclosure can be stressful, time-consuming
and costly. The homeowner should try to avoid foreclosure, although in
fairness, that is not always possible. In which case applying foreclosure
negotiation strategies may be the only option.

Foreclosures can happen for a number of reason. In some cases the
homeowner buys a property they simply cannot afford. In other cases the
homeowner falls victim to unexpected events such as: illness, death of
spouse, loss of employment or simply fast rising interest rates.

It is usually in the lender's best interest to help resolve, or work through the
problem, to avoid foreclosure. From the lender's point of view, the cost of
preventing foreclosure is generally less than the cost of a foreclosure. This is
why most lenders are keen to negotiate a solution.

The process between the lender and the homeowner is called loss mitigation.

Foreclosure Negotiation Strategies

The homeowner will usually try to save the property from foreclosure or
negotiate foreclosure terms.

To avoid foreclosure, the homeowner should contact the lender straight away
if there is a problem making loan payments. It is usually unwise for the
homeowner to wait for the situation to get worse before contacting your
lender. Lenders want to know what is happening and will want to avoid
foreclosing on the property. The lender will want to negotiate a solution
rather than seize the property.

One of the most important foreclosure negotiation strategies is to determine if
there is any alternative or solution that the lender may accept instead of
foreclosing. For example, giving the homeowner an additional one or two
months to pay can sometimes prevent a foreclosure.

However, before contacting the lender, the homeowner should prepare some
answers to likely questions:

1. The lender will want to know the cause of the problem and why payments
are behind. The homeowner should be honest. Reason could be:
employment layoff, medical expenses, poor budgeting etc.

2. The lender will want to know what other debts and expenses the
homeowner has owing.
These could include: loan or credit payments, utilities, child support,
insurance, and/or alimony etc.

3. The lender will want to know the level of current resources. These could
include: income from salary/wages, welfare or retirement benefits; and
investments and savings etc.

4. The lender will want to know of any plans the homeowner has. If the
homeowner just wants to walk away from the problem, the lender will be less
likely to want to negotiate a solution. If the homeowner show a genuine
willingness to resolve the problem, the lender will generally try to negotiate a
solution to avoid foreclosure. Foreclosure avoidance strategies could involve
a simplified life style or additional sources of income to help meet the
mortgage repayments.

Negotiate Foreclosure Terms

The homeowner is not usually in a strong negotiating position, but the are
some foreclosure negotiation strategies worth considering to avoid
foreclosure:

1. Negotiate a Temporary Delay in Payments

This can be a short term solution to give the homeowner some breathing
space to find a new job or get over a short term problem.

2. Negotiate Long Term Loan Restructuring

To avoid foreclosure loan restructuring can be a viable long term solution.
This could involve changing the term or conditions of the loan. The lender
may be prepared to receive less interest to avoid foreclosure. Lowering the
interest rate for a specified number of years while keeping the term of the
loan unchanged is one way of reducing monthly payments. Lengthening the
term of the loan is another way of reducing monthly payments.  

The lender might allow for delinquent payments to be made slowly over the
whole term of the loan. Another option is to allow for payment of a reasonable
amount of delinquent repayments with no interest accrual.

Lenders are generally keen to negotiate strategies to avoid foreclosure,
rather than have to go through the foreclosure process and risk losing more
money.

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Disclaimer: This real estate article does not give financial or legal advice. When buying or
selling real estate, or taking out a mortgage/loan, or restructuring a mortgage/loan -  
ALWAYS seek proper legal and financial advice. See disclaimer below.
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