Lynn D'Avolio
Coldwell Banker Residential Brokerage | 801-597-2857 | lynn1@soldbylynn.com


Posted by Lynn D'Avolio on 4/26/2016

When a homeowner first buys their home foreclosure is probably the furthest thing from their mind. Todayís economy has forced millions of homeowners into a potential foreclosure situation. There are many reasons why people go into foreclosure. Some of those reasons include:

  • Job loss
  • Unexpected death, illness or medical emergency
  • Adjustable rate mortgage increase
  • Unexpected home maintenance expense
There are ways to avoid foreclosure. The best way to avoid foreclosure is to prevent the filing of a Notice of Default. If a home owner knows they are unable to pay their mortgage they should immediately call their lender. Lenders do not want to foreclose. They may be willing to work with the home owner but it is important that the home owner doesnít ignore contact from the lender. The lender may propose several options:
  • Forbearance
    • Lenders may agree to a repayment plan before taking legal action
  • Debt Forgiveness
    • Very rarely the lender might give you a break and waive your obligation.
  • Repayment plan
    • The lender may agree to spread the payments out over a longer loan term.
  • Modification
    • In some cases, the lender may agree to freeze the interest rate of an adjustable rate loan or extend the amortization period.
  • Refinance
    • Adding payments to an existing loan balance may be an option if the homeowner has sufficient equity and meet the lenderís guidelines for refinance.
  • Partial Claim
    • Certain government loans may contain provisions that allow the homeowner to apply for another loan to pay back missed payments.
Preventing the Notice of Default filing is the best way to prevent foreclosure. If none of the above options have worked there are still some options a homeowner can leverage. Once the Notice of Default is filed, the homeowner only has a small time frame to reinstate the loan by bringing the payments current and pay the costs of filing the foreclosure. If you are unable to make up the payments you still have a few options:
  • Sell your home
    • If you have equity in your home a quick sale is probably the best option at this point. Your home will need the best exposure and marketing to achieve the quickest sale possible.† A full marketing plan and the proper price positioning should get your home sold in time to avoid foreclosure.
  • Attempt a short sale
    • If your home is worth less than the amount you owe, you might be a candidate for a short sale. A short sale is when you sell your home for less than what the amount owed. †A short sale will affect your credit rating but not as bad as a foreclosure. A short sale is negotiated with the lender.
  • Deed in lieu
    • The homeowner deeds the property back to the lender by giving the lender a properly prepared and notarized deed, and the lender forgives the mortgage.
For more information on how to prevent foreclosure visit the U.S. Department of Housing and Urban Development site to Avoiding Foreclosure. http://portal.hud.gov/hudportal/HUD?src=/topics/avoiding_foreclosure  





Posted by Lynn D'Avolio on 11/6/2012

In this market, short sales can sometimes be a good deal for a buyer but they also come with some potential pitfalls. A short sale is when a seller needs to sell their home for less than they owe on their mortgage. In order to get a bargain and not a headache you will need to do your homework. Here are some tips for protecting yourself before buying a short sale.

1. Use experts

It is important that before you buy a short sale you assemble a team of experts. During the initial phase you will need help identifying which homes are being offered as short sales. The nature of short sales are different, you will also need help determining a purchase price and what to include in your offer. A real estate attorney who is knowledgeable in short sales is also key. Navigating the process of a short sale can be tricky so you will need an experienced short sale attorney to help deal with the potential of multiple liens, mechanicís and condominium liens, or homeowners association liens. Often homes that are in short sale have these issues and without help will be harder to purchase.

2. Prepare emotionally

If you want a good deal on a short sale you will probably have to be in it for the long haul. It is important to stay patient, and remain unemotional during what can sometimes be a lengthy and emotionally difficult process. You may even want to consider a title search upfront. This could weed out properties with multiple liens if you are under a time crunch.

3. Know the market

In order to successfully purchase a short sale you need to know the marketplace. When a lender agrees to a short sale, they are agreeing to losing money on the loan they made to purchase the home. A short sale can be a good deal but it usually not a steal. The lender also knows the fair market value of the home and wants to minimize their losses. If your offer is too low, you chance it being rejected. During the process we will determine a price range that works with your budget and is hopefully one that the lender will accept.

4. Know the Process

The short sale process is different than that of a standard sale. The agreement to sell the home for less than is owed is actually made between the seller and the lender, not the seller and the buyer. The seller must first gain approval from the lender before the sale can be finalized. First, you would make an offer on a home and the sellers must consent to your offer to purchase. Then the sellers must submit the offer to their lender. The seller also sends along documentation to the bank as to why they need to sell the home for less than is owed. The seller should also have an attorney to help them with this process. Lenders typically do not move quickly on this process. It can often take weeks or months to get an answer. This is why is often best to put a competitive offer first. If several lien holders are involved; each can make a counteroffer or just reject your offer.

5. Firm up your financing

Lenders don't just look at the amount you are willing to pay for the home; they will also weigh your ability to close the transaction. If have a strong offer lenders will look more closely at your offer. You will want to make sure you are pre-approved for a mortgage for any consideration. Other factors that could influence the decision in a positive way are: having a large down payment, ability to close at any time, and flexibility. They will often not consider your offer if you have a contingency.