Preforeclosure: What It Is And How It Works (2024)

For most people, putting an end to preforeclosure isn’t as simple as paying back everything you’re late on in one lump sum and moving on.

If you’re still suffering from the same circ*mstances, such as a job loss, that caused you to initially go delinquent on your mortgage, you likely won’t be able to liquidate your mortgage debt all at once – even if your lender offers this option.

When you pay off past-due mortgage payments (and any fees incurred) to make your loan current, it’s called reinstating the loan.

However, just because you can’t pay everything off right away doesn’t mean you don’t have options. Mortgage lenders would much rather work with you than foreclose on your home. Take advantage of that and explore whether any of these options make sense for you.

Talk With Your Lender About Repayment Plans

Your lender may agree to spread out your past-due payments over the course of several months, adding the amount to your regular monthly bill.

This can be a good option if you had a temporary setback and are now able to make your regular payments but are having trouble paying back the missed payments.

However, be sure your budget can handle the extra monthly payments. Work with your lender to determine how much you can afford to pay each month. Don’t agree to pay more than what you know you can afford.

With this option, you’ll be able to stay in your home and avoid foreclosure (if you follow the terms of the repayment agreement).

Ask For Help

We all need a little bit of help sometimes. If you aren’t sure of your options, consider reaching out to a housing counseling agency that’s approved by the U.S. Department of Housing and Urban Development (HUD). You can search for a counselor online or call (800) 569-4287.

These counselors will evaluate your situation and help you determine the best course of action. When you call, be prepared to provide some basic information on your financial situation. You may want to have your most recent mortgage statement, recent pay stubs, tax returns, bank statements and other monthly bills with you so you can better answer their questions.

Make sure the counselor you’re contacting is HUD-approved. Scammers often prey on homeowners going through the foreclosure process, and even some legitimate businesses may charge you for services you can get for free from HUD.

Discuss A Loan Modification With Your Lender

If you can’t pay your loan as it was originally outlined in your contract, your lender may be able to modify the termsof your mortgage.

A loan modification typically involves changing the type, length or rate of the loan to lower a borrower’s monthly payments. This could mean the lender extends the life of the loan, giving you more time to pay it off. Or it could mean the lender lowers your interest rate or moves you from an adjustable rate to a fixed rate, so you have a predictable monthly payment.

These options can be helpful if you need a longer-term solution and aren’t eligible to refinance into a new loan with better terms.

Explore Forbearance

With forbearance, your lender will allow you to temporarily stop making payments on the loan. However, once the forbearance period ends, you’ll not only resume monthly payments, but you’ll typically owe the full amount – in one lump sum – of what you would have paid during that time.

This may be helpful if you have a temporary loss of income, but you should be careful about agreeing to a forbearance plan if you aren’t sure you’ll be able to pay the full amount once the forbearance period comes to an end.

Pursue A Short Sale

A short sale can help you avoid foreclosure, but unfortunately, you’ll give up your home in the process. However, if you’re living in a home that you can no longer afford, a short sale may be your best alternative to foreclosure.

When you sell your home for less than you owe on it, it’s called a short sale. If your lender agrees to this, you may be able to satisfy your mortgage debt by selling your home and using the proceeds to pay off as much of the loan as possible, with the lender agreeing to forgive the remaining balance, often writing it off as income to you.

If you’re interested in pursuing this option, talk with your servicer first, and then a real estate agent who has experience in short sales.

Sign A Deed In Lieu Of Foreclosure

With a deed in lieu of foreclosure, you exchange the deed to your home for forgiveness of your mortgage debt. You lose your home to the lender, but you avoid the foreclosure process.

If you want to explore this option, talk with your mortgage lender about whether they’ll accept a deed in lieu agreement.

Preforeclosure: What It Is And How It Works (2024)

FAQs

What is the pre-foreclosure review period? ›

The exact terms of the foreclosure and preforeclosure process vary by state and mortgage lender. So, the amount of time a house will be in preforeclosure is hard to know for certain, but it's most often a minimum of 30 days.

Does pre-foreclosure hurt your credit? ›

Pre-foreclosures can affect your credit scores in some cases, depending on what remedies you attempt and whether the foreclosure completes. Pre-foreclosure itself does not change it as much as a final foreclosure.

What is the best way to describe a foreclosure? ›

Foreclosure is the legal process by which a lender attempts to recover the amount owed on a defaulted loan by taking ownership of the mortgaged property and selling it.

How many payments can you miss before foreclosure? ›

In general, a lender won't begin foreclosure until you've missed four consecutive mortgage payments. Timing can vary from lender to lender as well as on the state of the housing market at the time. Lenders generally prefer to avoid foreclosure because it is costly and time-consuming.

How long does pre closing take? ›

Typical Closing Process and Timeline

Loan Application and Pre-Approval: Typically takes 1-3 days for pre-approval, with the full application process extending up to 2 weeks.

How many months behind before you go into foreclosure? ›

In general, mortgage companies start foreclosure processes about 3-6 months after the first missed mortgage payment. Late fees are charged after 10-15 days, however, most mortgage companies recognize that homeowners may be facing short-term financial hardships.

Who suffers the most in a foreclosure? ›

Who Suffers the Most in Foreclosure? Homeowners suffer the most in foreclosure because they lose the home that they live in as well as take a huge financial loss due to the foreclosure.

How is foreclosure amount calculated? ›

Calculate Outstanding Principal: ₹1,00,000 - ₹9,000 = ₹91,000. Calculate Outstanding Interest: Remaining tenure is 6 months, so interest = 10% of ₹91,000 * (6/12) = ₹4,550. Add Foreclosure Charges if Any: Let's assume there's a 1% foreclosure charge on the outstanding principal = 1% of ₹91,000 = ₹910.

Which type of foreclosure is faster? ›

Nonjudicial foreclosures can be a faster process than judicial foreclosures as they don't involve having to go to court.

What is the 37 day foreclosure rule? ›

If a borrower submits a complete loss mitigation application after the servicer has made the first foreclosure notice or filing but more than 37 days before a foreclosure sale, the servicer cannot conduct a foreclosure sale or move for foreclosure judgment or sale unless one of the following occurs: (i) the servicer ...

How many months can you be behind on your mortgage? ›

Key takeaways. If you miss one mortgage payment, lenders will often issue you a 15-day grace period to pay without incurring a penalty. If you miss four consecutive mortgage payments (or are 120 days late), most lenders begin the process of foreclosure on your home.

How behind on a mortgage before foreclosure? ›

The legal foreclosure process generally can't start during the first 120 days after you're behind on your mortgage. After that, once your servicer begins the legal process, the amount of time you have until an actual foreclosure sale varies by state.

Do you must promptly review applications received ____ days or more before a foreclosure? ›

41(b)(2)(i) Requirements.

1. Foreclosure sale not scheduled. For purposes of § 1024.41(b)(2)(i), if no foreclosure sale has been scheduled as of the date a servicer receives a loss mitigation application, the servicer must treat the application as having been received 45 days or more before any foreclosure sale.

What happens after defaulting on mortgage payments but prior to foreclosure? ›

After defaulting on mortgage payments but prior to foreclosure, the mortgagor has the right to redeem their interest in the mortgaged property by paying the money owed the lender.

How does foreclosure work in Washington state? ›

Washington is a “non-judicial foreclosure” state, meaning a lender can foreclose on a property through a third party, the trustee, and not the court system. However, the trustee has a duty of good faith towards both the lender and the homeowner.

Does pre foreclosure normally begin after at least months delinquent? ›

Preforeclosure is a contractual state that occurs when a homeowner is 90 days (or three payments in a row) past due on their mortgage. Preforeclosure indicates that the lender is beginning the legal process to foreclose on the home.

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